Draft

Terms of sale

This is a draft, not yet in force. Words in [square brackets] are still to be filled in.

Klar Cite is operated by [Legal entity] (ABN [number]), [address] ("Klar Cite", "we"). These terms apply when a company ("you") subscribes to publish product pages on Klar Cite. They were last changed on [date].

1. What the subscription gives you

1.1 For as long as your subscription is active, the people we approve to speak for your company can:

  • publish product pages under your company's name;
  • confirm, correct and add to them;
  • retire a product that has left the market;
  • send the pages' links to anyone.

1.2 Building pages and previewing them is free. Only publishing and changing a published page need the subscription.

1.3 The subscription buys publishing and maintaining your pages. It does not buy, and nothing you pay ever changes:

  • what Klar Cite records about any credential, standard or scheme;
  • where your pages appear in search, beyond the rules in clause 6;
  • any statement by Klar Cite about your products.

Every manufacturer pays the same price for the same subscription.

2. Who may subscribe, and our review

2.1 You subscribe for a company. The person who subscribes confirms they are authorised to bind it.

2.2 We check, by hand, that the people who use your account speak for your company. We aim to do so within 2 working days. Until then:

  • your pages are live at their links, marked "Under review";
  • they are kept out of Klar Cite's product search and out of search engines;
  • what they state is shown as your company's own statement.

2.3 Once we approve your company, your pages say that Klar Cite checked that your company speaks for its manufacturer, and on what date. We never say that we verified a product or a claim, and you must not say so either.

2.4 If we decline your application, we cancel your subscription, mark your pages as withdrawn and refund everything you paid. We do not have to give reasons beyond saying that we could not confirm that you speak for the company.

2.5 Each further person at your company asks to join, and we approve each one by hand.

3. Price, payment and renewal

3.1 The price is $99 a month or $999 a year, in Australian dollars, including GST. We issue a tax invoice for each payment.

3.2 Your subscription renews automatically at the end of each month or year, for the same period, and we charge the card you gave us. Our payment processor, Stripe, holds your card details; we never see them.

3.3 For a yearly subscription, we email you at least [14] days before it renews, with the amount and how to cancel.

3.4 If a payment fails, Stripe tries again over the following days, and we email you. Your pages stay maintained while it retries. If every retry fails, your subscription ends as in clause 5.

3.5 We may change the price for future periods. We email you at least 30 days before the change applies to you. If you do not accept it, you can cancel before then, and the old price applies until your current period ends.

4. Cancelling

4.1 You can cancel at any time in Account → Plan. When you cancel, you choose what happens to your pages when the subscription ends (clause 5).

4.2 Your subscription runs to the end of the period you have paid for, and then ends. We charge nothing more. We do not refund part of a period, except as clause 2.4, clause 8 or the law requires.

5. When your subscription ends

5.1 You choose one of two things for your pages. If you make no choice, for example because the subscription ended after failed payments, we keep them. You can choose to remove them at any time afterwards.

(a) Keep them.

  • Each page stays as it stood, marked "Not maintained by [Company] since [date]".
  • No one can change it. A credential that expires shows as expired.
  • We mark the page as withdrawn once every credential on it has expired, or 24 months after your subscription ended, whichever comes first.
  • We email you 30 days before the 24 months are up.

(b) Remove them.

  • A page your company created is marked as withdrawn.
  • A page your company took over from someone else goes back to how it stood before you took it over.

5.2 A page marked as withdrawn keeps its address. The address never changes and is never reused. The page stays there and says that it was withdrawn and on what date, so that a specification that cites it does not break. What the page held stays in its history; we do not show it.

5.3 If you subscribe again, you can maintain your kept pages again at once. Pages already removed or marked as withdrawn stay so, unless we reinstate them on request.

6. Search

6.1 We offer a page to search engines, and list it in Klar Cite's product search, when all of these hold:

  • it is your company's page;
  • your company is approved;
  • your subscription is active;
  • the page carries at least one credential.

6.2 We do not promise any position in any search engine.

7. What you add, and who answers for it

7.1 What you add to your pages remains yours. This includes product names, credentials, certificate references, expiry dates, descriptions, product codes, colours, links and documents. You give Klar Cite a non-exclusive, royalty-free, worldwide licence to:

  • store it, show it and keep it in the page's history;
  • include it in copies and citations of the page;
  • do so for as long as the page or its history exists, including after your subscription ends.

7.2 You answer for what you add. You confirm that it is accurate, that you have the right to give us this licence, and that showing it breaks no law and no one else's rights. Each page marks what your company added as yours, with the date.

7.3 We may withdraw, correct or mark as disputed anything on a page that we reasonably believe to be wrong, misleading or unlawful. We record that we did so, and why.

8. Suspension

8.1 We may suspend your company's account if we reasonably believe it is being used to mislead, to publish under another company's name, or to break these terms or the law. We tell you why.

8.2 While suspended, your pages stay as they are and no one at your company can change them. You can reply to us, and we lift the suspension when the reason is resolved.

8.3 If we end your subscription because of a breach, clause 5 applies. If we end it for any other reason, we refund any part of your current period not yet used.

9. What Klar Cite does not do

9.1 Klar Cite records what credentials require, as held in its register. It does not check that a product holds a credential, meets a requirement, or is fit for any purpose. Nothing on a page is a certification, an endorsement or advice.

9.2 We aim to keep the site available, but we do not promise that it will be uninterrupted or free of errors.

10. Your rights under the law, and our liability

10.1 Nothing in these terms excludes, restricts or changes any right or remedy you have under the Australian Consumer Law or any other law that cannot be excluded.

10.2 Subject to clause 10.1, our total liability to you under or about these terms is limited to the amount you paid us in the 12 months before the claim arose. We are not liable for indirect or consequential loss, including lost profit or lost business.

10.3 Where the law allows us to limit our liability for a failure to meet a guarantee, we limit it to supplying the service again, or paying the cost of having it supplied again.

11. Changes to these terms

11.1 We may change these terms. We email you at least 30 days before a change that is to your detriment applies to you. You can cancel before it does, and the current terms apply until your period ends.

11.2 Changes required by law, or that do not reduce your rights, may apply sooner. We say so in the email.

12. Privacy

We handle the personal details of the people at your company as our privacy policy says. Product pages never show a person's name: each change is recorded under your company's name.

13. General

13.1 These terms are governed by the law of [State], Australia, and the courts of [State] have jurisdiction.

13.2 If any part of these terms is unenforceable, the rest still applies.

13.3 Notices to you go to the email address on your account. Notices to us go to [billing@klarcite.com].