Terms of Service

Fair Enough provides the tools and infrastructure to create, send, sign, store and track agreements. It is a platform, not a law firm, not a party to the agreements you send through it, and not a provider of legal advice.

We do not draft your agreements and we do not review them. We do not warrant that any document you create, upload or send is valid, enforceable, complete or fit for any particular purpose. Those matters are your responsibility (see clause 4).

To use Fair Enough you must be at least 18 years old and authorised to act for your organisation. You agree to provide accurate account information and to keep it up to date.

You are responsible for keeping your login credentials secure and for all activity that occurs under your account, including the actions of staff you invite. Tell us promptly if you believe your account has been compromised.

"Your content" means everything you upload, create or send using Fair Enough, including templates, agreements, documents, and the names and contact details of the people you send them to.

You are solely responsible for ensuring that your content:

• is accurate, lawful, and appropriate for its purpose;
• does not infringe anyone's rights or breach any law; and
• may lawfully be sent to your signers, including that you have any authority and consents needed to send it and to collect their information.

You retain ownership of your content. You grant us a limited licence to host, process, transmit and store it solely to provide the platform to you.

The agreements you send through Fair Enough are between you and your signers. Fair Enough is not a party to them. We make no representation about their legal effect, and we are not responsible for their content, performance, or the outcome of any dispute about them.

You agree not to use Fair Enough to:

• send unlawful, fraudulent, misleading, harassing or harmful content;
• impersonate another person or misrepresent your authority;
• attempt to gain unauthorised access to the platform, other accounts, or its underlying systems, or to disrupt or test its security without permission; or
• breach any applicable law or any third party's rights.

Fair Enough facilitates electronic signing and keeps a record of signing activity (such as timestamps and limited technical details) to help evidence the process. Electronic signatures are recognised in Australia under the Electronic Transactions Act 1999 (Cth) and equivalent State and Territory laws, subject to their requirements.

Whether a particular agreement may be signed electronically, and whether a given signature is valid and binding in your circumstances, depends on those laws and on your own arrangements. Confirming this is your responsibility, not ours.

Fair Enough is offered on a free trial followed by a paid subscription. Current pricing, billing frequency and any usage limits are shown at signup and in your account.

Paid subscriptions are billed in advance through our payment processor and renew automatically each billing period until cancelled. Fees are stated in Australian dollars and, unless stated otherwise, are inclusive of GST where applicable. We may change our fees on reasonable notice; changes take effect from your next billing period.

Creating and sending agreements requires an active plan. If your subscription lapses or a payment fails, those functions may be paused until it is resolved.

You may cancel your subscription at any time, effective at the end of your current billing period. We do not provide refunds for partial periods except where required by law.

After cancellation you can request a copy of your signed agreements. We may delete your account data after a reasonable period in line with our data retention practices and any legal obligations.

We work hard to keep Fair Enough available and reliable, but we do not guarantee that it will be uninterrupted or error-free. We may perform maintenance, and we may modify or improve features over time. We will take reasonable steps to limit disruption to important functions such as signing.

We own the Fair Enough platform, software, branding and all related intellectual property. These terms do not transfer any of our intellectual property to you. You own your content, as described in clause 3.

For the agreements you send, you decide what personal information is collected and why, so you act as the controller of that information and Fair Enough acts as your processor, handling it on your instructions to provide the service. Much of this information can be sensitive (for example, information about a person's disability or NDIS supports), and both of us must handle it with care under the Privacy Act 1988 (Cth). Our handling of personal information is described in our Privacy Policy.

To the maximum extent permitted by law, the platform is provided "as is" and "as available", and we exclude all warranties, representations and guarantees that are not expressly set out in these terms.

Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy you may have under the Australian Consumer Law or other laws that cannot lawfully be excluded. Where we are permitted to limit our liability for a breach of such a guarantee, we limit it to re-supplying the service or paying the cost of having it re-supplied.

To the maximum extent permitted by law, and subject to clause 12:

• we are not liable for any indirect, incidental, special or consequential loss, or for loss of profits, revenue, data or goodwill; and
• we are not liable for the content, validity, enforceability or consequences of the agreements you send, or for any dispute between you and a signer; and
• our total liability arising out of or in connection with the platform is limited, in aggregate, to the fees you paid us in the 12 months before the event giving rise to the liability.

You agree to indemnify us against claims, losses and costs arising from your content, your use of the platform in breach of these terms, or any dispute about an agreement you sent, except to the extent the claim was caused by our own breach of these terms or our negligence.

We may suspend or terminate your access if you breach these terms, if your account poses a security or legal risk, or for prolonged non-payment. Where reasonable, we will give you notice and an opportunity to fix the problem first. You may stop using the platform and close your account at any time.

We may update these terms from time to time. The version and effective date are shown at the top of this page. If we make a material change, we will take reasonable steps to notify you. Continuing to use Fair Enough after a change takes effect means you accept the updated terms.

These terms are governed by the laws of New South Wales, Australia, and you submit to the courts of that State. If any part of these terms is found unenforceable, the rest continues to apply. We may assign these terms to a successor (for example, on a sale of the business); you may not assign yours without our consent. These terms are the entire agreement between us about the platform.

Questions about these terms? Email hello@devotedabilities.com.au.