Terms & Conditions
1. About these terms
These Terms and Conditions (Terms) are an agreement between you and Digital Ways and E-Solutions (ABN 15 630 390 822) (we, us, our), the operator of Digital Boss at digitalboss.com.au (the Service).
You accept these Terms by ticking the box that says you agree to the Terms and Conditions and Privacy Policy when you request an account, or by using the Service. If you accept on behalf of a business, you confirm you are authorised to bind that business, and "you" means that business.
2. The Service
Digital Boss is online business software for Australian project-based businesses, including quoting, invoicing, job and project costing, expenses, bookkeeping and reporting tools. Each customer receives a separate workspace.
We improve the Service over time. We may add, change or remove features, but we will not remove a core feature you are paying for without reasonable notice.
3. Accounts and approval
- Every account request is reviewed. We may decline a request at our discretion, and your workspace is created only once it is approved.
- You must give accurate information and keep it up to date.
- You are responsible for keeping login details secure and for everything done by the users you invite. Tell us promptly at digitalboss@digitalways.com.au if you suspect unauthorised access.
4. Free trials, plans and user limits
- New workspaces start with the free trial period shown for the chosen plan. No payment details are needed to start a trial.
- Each plan includes a set number of staff users and storage, as shown on our pricing page. You cannot exceed your plan's limits without upgrading.
- We may offer extended trials or private plans to particular customers. These are at our discretion and do not change these Terms.
5. Fees, billing and renewal
- Fees are in Australian dollars and include GST unless stated otherwise. We will issue a tax invoice for each payment.
- Paid subscriptions renew automatically at the end of each monthly or annual billing period, and are charged to your chosen payment method, until you cancel.
- You can cancel at any time. Cancellation takes effect at the end of the current billing period.
- If a payment fails, we may suspend access to your workspace until it is paid. Your data is not deleted because of a suspension.
- We will give you at least 30 days' notice of any price increase. The new price applies from your next billing period after the notice ends.
- Refunds are covered by our Refund Policy, which forms part of these Terms.
6. Not tax, accounting, payroll or legal advice
The Service provides tools, including GST, BAS, ledger, payroll recording and accounting reports. It does not provide tax, accounting, payroll, financial or legal advice, and we are not a registered tax agent or BAS agent.
You remain responsible for the accuracy of your records and for your obligations to the Australian Taxation Office and other authorities, including lodging activity statements, paying employees and superannuation correctly, and meeting Single Touch Payroll requirements. You should check reports before relying on them and obtain advice from a registered tax or BAS agent where appropriate.
7. Your data
- You own the data you put into the Service (Your Data). You give us a licence to host, copy, process and display Your Data only as needed to provide, secure and support the Service.
- You can export your records, including accountant export files, while your account is active.
- Your Data is hosted in Australia (Sydney). We keep regular backups, but you should keep your own copies of records you are legally required to retain.
- After your account ends, we will keep Your Data for at least 30 days so you can ask us for an export. After that we may permanently delete it.
8. Privacy
Our Privacy Policy explains how we handle personal information. When you enter personal information about your own customers, suppliers, contractors or staff, you are responsible for collecting and using it lawfully, including under the Privacy Act 1988 (Cth) where it applies to you. We handle that information on your behalf, only to provide the Service.
9. Acceptable use
You must not:
- use the Service for anything unlawful, fraudulent or misleading;
- upload malicious code, or try to gain unauthorised access to the Service or another customer's workspace;
- send spam or unsolicited commercial messages through the Service;
- resell, copy, reverse engineer or create a competing product from the Service; or
- place an unreasonable load on the Service or interfere with other customers' use of it.
10. Availability and support
We aim to keep the Service available at all times, but it is provided over the internet and we do not guarantee uninterrupted or error-free operation. We may carry out maintenance, preferably outside Australian business hours, and will try to give notice of planned downtime. Support is provided by email at digitalboss@digitalways.com.au.
11. Third-party services
The Service relies on third parties, including cloud hosting, email delivery and payment processors such as Stripe and PayPal. Your use of a payment processor is also subject to that provider's terms. We are not responsible for outages or acts of third parties outside our reasonable control.
12. Intellectual property
We and our licensors own all rights in the Service, including its software, design and content, other than Your Data. These Terms give you a non-exclusive, non-transferable right to use the Service during your subscription and nothing more.
13. Australian Consumer Law
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law or other law that cannot lawfully be excluded.
14. Liability
- To the extent permitted by law, we exclude all implied terms and warranties, and we are not liable for any indirect or consequential loss, or for loss of profit, revenue, data or goodwill.
- To the extent permitted by law, our total liability arising from or in connection with the Service or these Terms is limited to the fees you paid us in the 12 months before the event giving rise to the claim.
- Where our liability for failing to comply with a consumer guarantee can be limited, it is limited, at our option, to supplying the services again or paying the cost of having them supplied again.
- Our liability is reduced to the extent any loss is caused or contributed to by you, including by inaccurate records or failure to check reports before relying on them.
15. Suspension and termination
We may suspend or end your access if you materially breach these Terms and do not fix the breach within 14 days of notice, if fees are unpaid, or immediately if needed to protect the Service, other customers or the law. You may stop using the Service and cancel at any time.
16. Changes to these Terms
We may update these Terms. We will give at least 30 days' notice of material changes by email or in the Service. The version and date of each update are shown on this page, and we keep a record of the version each customer accepted.
17. Governing law
These Terms are governed by the laws of Victoria, Australia. Each party submits to the non-exclusive jurisdiction of the courts of Victoria and the courts that may hear appeals from them.
18. Contact
Digital Ways and E-Solutions (ABN 15 630 390 822)
Email: digitalboss@digitalways.com.au