This Fair Use Policy governs your access to, and use of, any services provided by NowInfinity Pty Ltd ACN 154 927 376 (“we”, “us” and “our”) to you, including those subscribed to via our website or in a subscription order form (the Services). This Policy seeks to ensure that the Services are not subject to misuse.
Use impairing the Services
If we believe that your use of the Services is impairing the security, performance or integrity of the Services, or the use of the Services by others, we may temporarily suspend, restrict or limit your access to and use of the Services until such impairment has been addressed. We will try and contact you prior to doing so, or as soon as practicable afterwards, however this may not always be possible.
Excessive use is the continuing and unreasonably disproportionate use of the Services when compared to others with the same level of subscription package, and for which usage-based fees (including excess-usage fees) do not apply (Excessive Use). For example, use of our third party electronic signature solution that we make available for use in conjunction with the Services, or our support services, that exceeds 25% of that of other users with the same subscription package or similar level of on-demand use may be considered to be Excessive Use.
If we consider that you have engaged in Excessive Use, we may refuse to provide you with access to certain features of the Services, apply additional restrictions on your access to and use of the Services and/or revise your fees to reflect your Excessive Use upon prior notice.
To ensure we do not unreasonably restrict our customers, the following steps will occur if we consider that you have engaged in Excessive Use:
Month 1: We may contact you to discuss your usage requirements. Where a peak in usage occurs but is not expected to continue, no alternative arrangements may be necessary.
Month 2: If your Excessive Use continues into the second billing period, we may contact you to discuss an alternative plan.
Month 3: If your Excessive Use continues into the third billing period, we may notify you that your access to certain features will be removed, restrictions will be imposed on your access to and use of the Services, and/or that your fees will be revised. These changes will take effect at the end of the reasonable notice period specified in our notice to you. If you do not agree with any such changes, you may terminate your use of the Services prior to them coming into effect at the end of the notice period.
If we believe that you are using the Services for any illegal purpose either under the Terms and Conditions (T&Cs) or law, we may immediately suspend your access to and use of the Services or particular features of the Services without notice to you.
We may monitor your accounts and use of the Services for signs of improper use, including by parties other than those permitted to access and use the Services under the T&Cs. Where improper use is detected, without limiting any of our rights or remedies, we may notify you that we will suspend your access to and use of the Services or particular features of the Services, impose additional fees based on your actual use, and/or withdraw any favourable pricing. Any such changes will take effect at the end of the reasonable notice period specified in our notice to you. If you do not agree with any such changes, you may terminate your use of the Services prior to the change coming into effect at the end of the notice period.
We may update this Fair Use Policy from time to time to reflect feedback received and to improve the Services. Nothing in this Fair Use Policy limits any of our rights or remedies under the T&Cs, including any of our termination or suspension rights.
We welcome your comments regarding this Fair Use Policy. Please do not hesitate to contact us at firstname.lastname@example.org should you have any queries regarding this Policy.
This Fair Use Policy was created and last updated on 8 October 2020.