Legal

Subscription Terms and Conditions

These Subscription Terms and Conditions govern access to and use of the NicheWeb Calculators platform, calculator embeds, reports, lead-generation features, customer portal and related services.

These Terms form a legally binding agreement between Clark Family Pty Ltd as Trustee for The Clark Family Trust, trading as NicheWeb Calculators, ABN 35 957 893 714 (“NicheWeb”, “we”, “us” or “our”), and the person or entity that creates an account, places an order, starts a subscription or uses the Service (“Subscriber”, “you” or “your”).

By creating an account, selecting a subscription, paying an invoice, clicking an acceptance button, installing an Embed or using the Service, you confirm that you have read, understood and agreed to these Terms. If you accept these Terms on behalf of a company or other organisation, you confirm that you have authority to bind that organisation.

1. Definitions

In these Terms:

  • Acceptable Use Policy means our acceptable use policy published on the Website, as amended from time to time.
  • Authorised Domain means the website domain approved by us for use of a particular Calculator Licence.
  • Calculator means an insurance, finance or other calculator made available through the Service.
  • Calculator User means a visitor who accesses or uses a Calculator on a Subscriber Website.
  • Customer Data means data, content, branding and information submitted to the Service by or for a Subscriber, excluding Usage Data.
  • Embed means the code, script, link or other implementation method supplied by us for displaying a Calculator on a Subscriber Website.
  • Fees means the subscription and other charges payable for the Service.
  • Free Plan means a no-cost plan with the features and limits displayed on the Website.
  • Licence means the limited right to access and use a Calculator and the Service under these Terms and the applicable Plan.
  • Plan means a Free, Standard, Professional, bundle, custom or other subscription plan offered by us.
  • Report means a PDF, email or other report generated from Calculator inputs or results.
  • Service means the hosted NicheWeb Calculators platform, including Calculators, Embeds, Reports, lead features, email forwarding, analytics, support, updates and related functionality.
  • Subscriber Website means a website owned, operated or controlled by the Subscriber on an Authorised Domain.
  • Subscription Period means the annual period for which a paid Plan is purchased, unless an order expressly states otherwise.
  • Usage Data means technical, statistical, diagnostic and aggregated information about access to and use of the Service.
  • Website means the NicheWeb Calculators website and customer portal, including financial-calculators.niche-web.com.

2. Eligibility and account responsibility

You must be at least 18 years old and legally able to enter into a binding agreement to subscribe to the Service.

You must provide accurate, complete and current registration, billing, business and contact information. You are responsible for keeping your login credentials confidential and for all activity conducted through your account, except to the extent caused by our breach of these Terms or failure to use reasonable security measures.

You must promptly notify us at support@niche-web.com if you believe your account, Licence key or credentials have been lost, disclosed or compromised.

3. The Service

The Service provides hosted calculators that may be embedded on an Authorised Domain. Depending on the Plan, the Service may also include customisation, charts, tables, branded Reports, email delivery, lead-generation pathways, contact requests and usage reporting.

The Service is licensed, not sold. Core calculator logic, report-generation systems, hosted code, updates, licence controls and plan controls remain hosted and controlled by NicheWeb.

Features, limits and inclusions may differ between Plans. The features included in your subscription are those described on the Website or in your order confirmation at the time you subscribe, subject to these Terms.

4. Plans and annual subscriptions

Plan type General purpose Typical limitations
Free Evaluation and basic calculator use Limited features, branding, reports, analytics and lead-generation functionality
Standard Subscriber-facing calculator embed with standard customisation Plan-specific Report allowance, basic branding and usage limits
Professional Advanced calculator outputs, branding, Reports and lead-generation features Plan-specific Report allowance, domain and usage limits
Bundle or Custom Multiple Calculators or tailored functionality As stated in the applicable quotation, order or plan description

Paid subscriptions are billed annually in advance. Each paid subscription begins on the date payment is accepted or on another commencement date stated in the order confirmation.

Unless the order states otherwise, each individual Calculator Licence is limited to one Calculator on one Authorised Domain. Additional Calculators or domains require additional Licences or an approved bundle.

We may offer launch pricing, promotional pricing or bundle discounts. Promotional prices apply only for the period and on the conditions stated in the offer. The renewal price will be the price disclosed before renewal.

5. Automatic renewal

Paid Plans automatically renew for successive annual Subscription Periods unless you cancel before the renewal date. We will send a renewal reminder to the account email address at least 30 days before the renewal date, identifying the renewal date, renewal price and cancellation method. You may cancel renewal through the customer portal or by contacting us at support@niche-web.com. Cancellation stops the next renewal but does not ordinarily end access before the current paid Subscription Period expires.

6. Fees, currency, taxes and payment

You must pay the Fees shown at checkout, in your order confirmation or on an invoice. Unless expressly stated otherwise, Fees are quoted in United States dollars.

Fees are exclusive of GST and other applicable taxes unless the Website or invoice states that tax is included. You are responsible for taxes, duties and government charges arising from your purchase, except taxes imposed on our net income.

You authorise us and our payment processor to charge the payment method supplied for all Fees that become due. You must keep payment information current and ensure that sufficient funds are available.

If payment fails or becomes overdue, we may provide a reasonable opportunity to correct the failure and may then suspend paid features, downgrade the account, disable Reports or lead forwarding, or display a neutral unavailable message through the Embed. We may restore access after overdue amounts are paid.

7. Upgrades, downgrades and additional Calculators

You may request an upgrade at any time. Upgrade charges may be calculated on a pro-rata basis or by charging the difference for the remainder of the current Subscription Period, as disclosed when the upgrade is processed.

A downgrade ordinarily takes effect at the next renewal date. A downgrade may remove access to branding, Reports, lead capture, analytics or other paid features. You are responsible for exporting any data you wish to retain before a downgrade takes effect.

Bundle substitutions and changes to selected Calculators are subject to the conditions displayed with the bundle or agreed in writing.

8. Cancellation and refunds

You may cancel a paid subscription at any time through the customer portal or by contacting us. Unless required otherwise by law, cancellation prevents the next renewal but does not result in a refund for the unused part of the current Subscription Period.

We may provide refunds or account credits at our discretion. Nothing in these Terms excludes, restricts or modifies a consumer guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law or another applicable law.

If the Service has a major failure or we otherwise fail to comply with a non-excludable statutory guarantee, you may be entitled to a remedy under applicable law.

9. Licence grant

Subject to payment of applicable Fees and compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable Licence during the applicable Plan or Subscription Period to:

  • access and use the Service for your legitimate business purposes;
  • install the approved Embed on the Authorised Domain;
  • display the licensed Calculator to Calculator Users;
  • apply permitted branding and customisation; and
  • receive or access Reports, leads and usage information included in your Plan.

No ownership interest in the Service, Calculators, source code or underlying technology is transferred to you.

10. Licence and domain controls

The Service may verify Licence keys, domain names, subscription status, Plan entitlements and usage limits. You consent to these technical checks.

You must not use a Licence on an unapproved domain or obscure, manipulate or bypass licence verification. We may require domain verification before activating or changing an Authorised Domain.

We may approve reasonable domain changes. We may decline repeated, deceptive or abusive domain-transfer requests.

11. Subscriber responsibilities

You are responsible for:

  • your Subscriber Website, business, products, services, advertising and regulatory compliance;
  • ensuring that your use of the Service is lawful and appropriate for your industry and jurisdiction;
  • publishing your own website terms, privacy notices, consent wording and regulatory disclosures where required;
  • ensuring your branding, content and calls to action are accurate and not misleading;
  • responding to enquiries and providing any regulated advice or service;
  • maintaining appropriate licences, authorisations and professional registrations;
  • reviewing Calculator assumptions, labels and disclaimers before publication; and
  • complying with our Acceptable Use Policy.

You must not represent that NicheWeb endorses, recommends, authorises or guarantees your business, advice, products or services.

12. Calculator results and Reports

Calculators and Reports provide estimates and general information only. Results depend on user inputs, assumptions, formulas, rounding, selected options and available data. Actual lender, insurer, adviser, accountant, tax authority, regulator or product-provider outcomes may differ.

You must not remove or obscure required assumptions, qualifications or disclaimers. You must ensure that your Subscriber Website does not present Calculator results as a quote, offer, approval, recommendation, guarantee or personal advice unless you have independently complied with all applicable legal and regulatory requirements.

Report-generation allowances are measured for each Subscription Period. We may prevent generation of further Reports after the allowance is reached, offer a paid usage extension, or require an upgrade.

13. Leads and Calculator User information

Depending on your Plan, Calculator Users may request a Report, provide contact details, request contact or submit other information. As between you and NicheWeb, Customer Data relating to your Calculator Users remains your data, subject to our rights to process it to provide, secure and improve the Service.

We act as a hosted technology provider and transmission service. We do not guarantee the identity, accuracy, quality, legality, consent status or commercial value of any lead.

You are responsible for:

  • having a lawful basis to collect, receive, use and retain Calculator User information;
  • providing any required collection notice and obtaining any required consent;
  • complying with privacy, spam, telemarketing, financial services, credit, insurance and consumer laws;
  • honouring opt-outs and contact preferences; and
  • protecting lead information after it is received by you.

We will not sell your identifiable lead data or use it to market unrelated products directly to your Calculator Users, unless the individual has separately and expressly agreed to receive such communications from us.

14. Subscriber branding and content

You retain ownership of logos, trade marks, business details, text and other content you submit. You grant us a non-exclusive, worldwide, royalty-free licence to host, reproduce, format, display and transmit that content only as reasonably necessary to provide the Service, operate your Calculator, generate Reports and provide support.

You warrant that you have all rights and permissions necessary for content you submit and that it does not infringe another person’s rights or breach any law.

We may remove or disable content that is unlawful, misleading, infringing, malicious, technically harmful or inconsistent with these Terms.

15. Our intellectual property

We and our licensors own all rights in the Service, including:

  • Calculator logic, formulas, workflows and interfaces;
  • source code, scripts, APIs, databases and licence systems;
  • Report layouts, templates, charts, tables and graphics;
  • documentation, designs and platform branding;
  • updates, improvements and derivative works; and
  • aggregated and de-identified Usage Data.

You must not copy, reproduce, modify, translate, reverse engineer, decompile, disassemble, scrape, frame, mirror, republish, resell or create derivative works from the Service except to the limited extent expressly permitted by these Terms or by a law that cannot be excluded.

16. Feedback

If you provide suggestions, ideas or feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use and incorporate that feedback without restriction or payment, provided we do not publicly identify you as the source without permission.

17. Service availability, maintenance and changes

We aim to provide a reliable hosted service but do not guarantee uninterrupted or error-free availability. The Service may be affected by maintenance, hosting providers, internet failures, security events, third-party services, force majeure events or circumstances beyond our reasonable control.

We may perform maintenance, deploy updates, correct errors and change technical requirements. Where reasonably practicable, we will avoid unnecessary disruption and provide notice of material planned changes.

We may add, improve, replace or discontinue features. We will not materially reduce the core paid functionality of a current Plan during a paid Subscription Period without a legitimate reason and reasonable notice. Where a material reduction substantially disadvantages you, we will provide an appropriate remedy, which may include a replacement feature, account credit, pro-rata refund or right to terminate.

18. Support

Support is provided through the channels and service levels stated for your Plan. Unless a separate service-level agreement applies, response times are targets only and not guaranteed.

Support does not include custom development, website repairs, third-party plugin conflicts, regulatory advice, content writing or implementation work unless separately agreed.

19. Third-party services

The Service may depend on third-party hosting, email, analytics, payment, security, storage, PDF and communications providers. Those services may be subject to separate terms and may change or become unavailable.

We are not responsible for third-party websites or services that we do not control, but we will use reasonable care in selecting and managing service providers used to deliver the Service.

20. Confidentiality

Each party must protect the other party’s confidential information using reasonable care and may use it only to perform or receive the Service. Confidential information does not include information that is public through no breach, already lawfully known, independently developed or lawfully received from another source.

A party may disclose confidential information where required by law, court order or regulator, and should provide prior notice where legally permitted.

21. Privacy and data protection

Our handling of personal information is described in our Privacy Policy.

Each party must comply with privacy and data-protection laws that apply to its activities. Where required for a particular Subscriber or jurisdiction, the parties may enter into a separate data-processing agreement.

22. Security

We will use reasonable technical and organisational measures to protect the Service and personal information we hold. No online system is completely secure, and we do not warrant that unauthorised access, loss or cyber incidents will never occur.

You must use reasonable security measures for your account and Subscriber Website, including secure credentials, software updates, access controls and appropriate staff practices.

23. Suspension

We may suspend all or part of the Service where reasonably necessary to:

  • address overdue payment after reasonable notice;
  • protect the security, integrity or availability of the Service;
  • investigate suspected fraud, abuse or unlawful conduct;
  • prevent material harm to us, another customer or a third party;
  • comply with law, a court order or a regulator; or
  • respond to a material breach of these Terms or the Acceptable Use Policy.

Where appropriate, we will give notice and an opportunity to remedy the issue. We will limit the scope and duration of suspension where reasonably practicable.

24. Termination

Either party may terminate these Terms if the other party materially breaches them and fails to remedy the breach within 14 days after receiving written notice, where the breach is capable of remedy.

We may terminate immediately where you engage in fraud, deliberate security interference, unlawful use, serious intellectual-property infringement or repeated material breaches.

We may discontinue a Free Plan at any time on reasonable notice. We may terminate a paid Plan without Subscriber fault only where reasonably necessary for a legitimate business, legal or technical reason. In that case, we will provide a pro-rata refund for the unused prepaid period unless a substantially equivalent replacement service is offered and accepted.

25. Effect of expiry or termination

When a Licence expires or terminates:

  • your right to use the Service ends;
  • the Embed may stop functioning, enter a grace period or display a neutral unavailable message;
  • paid features, Reports, lead forwarding and analytics may cease;
  • you must stop using our confidential information, Licence keys and protected materials; and
  • you should export available Customer Data before access ends.

We may retain Customer Data for a limited period for backup, security, legal and account-recovery purposes, after which it may be deleted or de-identified in accordance with our Privacy Policy.

26. Warranties and statutory rights

Each party warrants that it has authority to enter into these Terms.

To the maximum extent permitted by law, and subject to any non-excludable statutory rights, the Service is provided on an “as available” basis. We do not warrant that the Service will be uninterrupted, error-free, suitable for every jurisdiction or business, or that use of the Service will generate traffic, leads, revenue, approvals or any particular commercial result.

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy that cannot lawfully be excluded, restricted or modified.

27. Limitation of liability

To the maximum extent permitted by law, neither party is liable to the other for indirect, incidental, special or consequential loss, loss of profit, loss of revenue, loss of opportunity, loss of goodwill, loss of anticipated savings, or loss or corruption of data, except to the extent such exclusion is prohibited by law.

Subject to non-excludable rights and the exclusions below, our aggregate liability arising from or relating to a paid Plan is limited to the Fees paid or payable by you for the affected Calculator Licence during the 12 months immediately preceding the event giving rise to the claim.

The limitation above does not apply to liability that cannot lawfully be limited, or to fraud, wilful misconduct, death or personal injury caused by negligence, or infringement of the other party’s intellectual-property rights.

Where a statutory guarantee applies and liability may lawfully be limited, our liability is limited, at our option, to resupplying the services or paying the cost of having the services supplied again.

28. Indemnity

You indemnify us against third-party claims, losses, liabilities and reasonable legal costs arising from:

  • your Subscriber Website, products, services, advice, advertising or regulatory conduct;
  • content or branding supplied by you;
  • your unlawful collection, use or disclosure of Calculator User information;
  • your material breach of these Terms or the Acceptable Use Policy; or
  • your infringement of another person’s rights.

This indemnity is reduced to the extent that our breach, negligence or wrongful conduct caused or contributed to the relevant loss. We must take reasonable steps to mitigate loss and must not settle a claim in a way that imposes an admission or non-monetary obligation on you without your consent, not to be unreasonably withheld.

29. Force majeure

Neither party is liable for delay or failure caused by events beyond its reasonable control, excluding an obligation to pay money already due. The affected party must take reasonable steps to minimise the impact and resume performance.

30. Notices

We may send operational, legal and billing notices to the email address associated with your account or display them in the customer portal. You must keep your contact details current.

Notices to NicheWeb must be sent to support@niche-web.com or to 43 Larch Street, Tallebudgera QLD 4228.

31. Changes to these Terms

We may update these Terms to reflect changes in law, security, technology, the Service or our business. We will publish the updated Terms and identify the effective date.

For material changes affecting a paid Plan, we will give reasonable advance notice. A material change will ordinarily take effect at the next renewal unless earlier application is required by law or reasonably necessary for security or abuse prevention.

32. Disputes

Before starting court proceedings, a party must give written notice describing the dispute and allow at least 14 days for good-faith resolution, except where urgent injunctive relief is required.

Nothing in this clause prevents a consumer or small business from contacting a regulator, ombudsman or other dispute-resolution body.

33. General

You may not assign or transfer these Terms without our prior written consent, which will not be unreasonably withheld. We may assign these Terms as part of a bona fide sale, restructuring or transfer of the Service, provided the assignment does not materially reduce your rights.

If a provision is invalid or unenforceable, it will be read down to the minimum extent necessary, and the remaining provisions continue.

A failure or delay to exercise a right is not a waiver. These Terms, the applicable order, Privacy Policy and Acceptable Use Policy form the entire agreement concerning the Service and replace prior discussions about the same subject.

Headings are for convenience only. Words such as “including” do not limit the words that follow.

34. Governing law

These Terms are governed by the laws of Queensland, Australia. Subject to any mandatory rights to bring proceedings elsewhere, the courts of Queensland and the Commonwealth of Australia have non-exclusive jurisdiction.

35. Contact

Questions about these Terms may be sent to:

Clark Family Pty Ltd as Trustee for The Clark Family Trust
Trading as NicheWeb Calculators
ABN: 35 957 893 714
Address: 43 Larch Street, Tallebudgera QLD 4228
Email: support@niche-web.com

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