This Fair Use Policy governs your access to, and use, of any products and services provided by Class Technology Pty Ltd (Class, we, us or our) on behalf of its clients and partners (collectively, the Class Services). To ensure the continued availability of the Class Services, we have this ‘Fair Use Policy’ to make sure the Class Services are not subject to misuse.
Use impairing our services
If we believe that your use is impairing the security, performance or integrity of the Class Services, or the use of the Class Services by other customers or users, we may temporarily suspend, restrict or limit your use of the Class Services until such impairment has been addressed. To ensure we do not unreasonably restrict our customers, we will try and contact you prior to doing so, or as soon as practicable afterwards (however this may not be possible in all circumstances).
Excessive use is a continuing and unreasonably disproportionate use of the Class Services when compared to other users. For example, use that is ten times the average usage of all other customers is considered excessive use. Without limiting other factors that may be measured, some examples of the sort of factors that Class considers, per fund, under this policy include: number of automated feeds used, number of transactions processed, total assets under administration, number of security issues held, number of API calls, and number of support calls received.
If we think your use of the Class Services is excessive, we may refuse you access to a feature, begin applying quota restrictions on your account and/or charge you for the excessive use upon prior notice.
To ensure we do not unreasonably restrict our customers, the following steps will occur if we consider that a customer’s use of the Class Services is excessive:
Month 1: Class may contact individual customer to discuss their usage requirements. Where a peak in usage occurs but is not expected to continue, no alternative arrangements are necessary.
Month 2: If the excessive usage continues in a second billing period, a second contact may be made to discuss an alternative plan.
Month 3: If the excessive usage continues into the third billing period, we may notify you that quota counting will be activated on your use of the Class Services, that your access to features will be removed and/or that you may be charged accordingly, which will take effect at the end of the reasonable notice period specified in our notice to you (Notice Period). For example, in the case of an Automated Transaction Data Feed, the customer will be charged a multiple of the annual licence fee equal to the excessive usage (e.g. where the average number of customer feeds is 3 per licence, excessive usage of 30 feeds bears an extra cost of 9 licences. If you do not agree with any such quota counting, removal of your access to features or additional charges (as applicable), without limiting any of Class’s rights or remedies, you may terminate your use of the Class Services prior to such quota counting, removal of your access to features or additional charges (as applicable) coming into effect at the end of the Notice Period.
If we believe you are using the Class Services for any illegal purpose – either under the terms of the End User Licence Agreement or as defined by law – Class reserves the right to suspend access to the Class Services or any other feature immediately, without notice to you.
Class may monitor user accounts in the Class Services for signs of improper use, including where accounts are being used by parties other than those permitted by the user type. Where improper use is detected, without limiting any of its other rights or remedies, Class may notify you that it will suspend your access to the Class Services or other relevant feature, to impose additional charges based on your actual user type, and/or withdraw any favourable pricing dependent on your user type, which will take effect at the end of the reasonable notice period specified in our notice to you (Notice Period). If you do not agree with any such suspension, additional charges or withdrawal of favourable pricing (as applicable), without limiting any of Class’s rights or remedies, you may terminate your use of the Class Services prior to such suspension, additional charges or withdrawal of favourable pricing (as applicable) coming into effect at the end of the Notice Period.
Data Breach Notification Protocol
You must comply with the applicable terms of our data breach notification protocol available at https://www.class.com.au/data-breach-protocol/, as updated and amended by us from time to time.
Class may update this Fair Use Policy from time to time to reflect company and customer feedback or improve the Class Services. Nothing in this Fair Use Policy limits any of our rights or remedies under the agreement by which you use the Class Services, including any termination or suspension rights.
Class welcomes your comments regarding this Fair Use Policy. Please don’t hesitate to contact Class at firstname.lastname@example.org should you have any queries regarding this policy.
This Fair Use Policy was updated on 6 April 2020.