Terms and conditions

The terms and conditions that apply to the archerE web application and the use of it to manage payroll and employee processes, including the submission of payruns, super payment batches and Single Touch Payroll reporting to the ATO.

Please read these terms and conditions carefully before using archerE. When logging on to archerE for the first time, you will be prompted to accept these terms and conditions by clicking on the “I agree” box on the screen that appears on your first login to archerE. If you do not accept these terms and conditions, you will be unable to use archerE. If you are not sure about any of the information contained in these terms and conditions please contact our support team on 07 3110 9050. We will be happy to explain any matter to you.

1. Terms and conditions for use.

These terms and conditions only apply to archerE and your use of archerE to:

• manage employee data
• process payruns
• process super payment batches
• submit Single Touch Payroll reports to the ATO.

These terms and conditions apply in addition to any other terms and conditions that apply to your arrangements with Cromeville Pty Ltd, including the general terms and conditions that relate to the use of the archerE marketing site.

You accept and agree to be bound by these terms and conditions by clicking on the “I agree” button on the screen that appears on your first login to archerE.

2. Subscribing to and using archerE.

2.1. Required information

When you subscribe to archerE, you will be asked to provide your business identifier (ABN or WPN) and your contact details. You will also be asked to provide your credit card details. These details must be supplied in order to use any of the archerE services, including any free services.

2.2. Only pay if you use it

The base archerE subscription is $0 per month, meaning there is no minimum monthly payment. So you will only be charged for any given month if you use a paid service in that month.

2.3. Free superannuation clearing house service

archerE offers a free superannuation clearing house service for small businesses. The free services includes super payment transactions for up to and including 20 distinct employees per employer ABN/WPN per month. Employer businesses that require super payment transactions for more than 20 employees will be charged as per section 2.4 'Payroll service' and section 2.5 'Payroll service - Excess employees'

2.4. Payroll service

The base payroll service fee is $9 per month (including GST) per employer business ABN/WPN and includes transactions for up to and including 4 distinct employees per employer ABN/WPN per month. The fee is incurred for each employer ABN/WPNs for whom you submit a pay-run or STP process in a given month.

2.5. Payroll service - Excess employees

Further to section 2.4, any additional/excess employees will be charged at $1 per excess employee per month.

2.6. Free trial for new customers

Subscription fees for all new archerE customers will be free for the first two months. A new archerE customer is defined as a business (identified by their ABN or WPN) that has not previously registered or transacted with archerE.

2.7. Cancelling your subscription

You can cancel your subscription at any time via archerE. If you choose to cancel your subscription, you will still have access to all functionality until the end of your current subscription period.

2.8. Changes to subscription fees

We reserve the right to alter subscription fees, however we will advise you prior to the next billing period if we choose to do so.

2.9. As a subscriber you must:

• Provide current contact details. You must ensure that we have your up-to-date contact details.
• Pay Fees. If you are responsible for paying Fees for your Subscription Plan, you must comply with the obligations set out in section 7. You are liable for any Fees accrued by Users you grant certain permissions to (for example, any Administrator, Accountant/Bookkeeper or Payroll users you appoint).
• Provide accurate data. You are responsible for verifying the accuracy and completeness of any Subscriber Data (including Payroll Data) that you or your Users input into archerE.
• Keep your own records. You should retain a copy of your business and financial records (including invoices, receipts, business reports and Subscriber Data).
• Comply with Applicable Law. It is your responsibility to comply with Applicable Law, including retaining records for Tax Law and Employment Law compliance purposes. If your Subscription Plan is terminated or cancelled, you should extract your Subscriber Data in its entirety as soon as possible.

2.10. Non-payment of fees

If your payment of fees becomes overdue, we may terminate your access to archerE or restrict functionality, until such a time as your payments are brought up to date.

3. Meanings of terms.

"Account" means the archerE client account established under your business identifier (ABN or WPN)

"Cromeville" means Cromeville Pty Ltd (ABN 88 666 665 461)

"archerE marketing site" refers to our website (https://archerE.au)

"archerE" refers to the archerE client web application (https://app.archerE.au) that provides the payroll, superannuation and STP functionality.

"Password" means a confidential string of characters which when used with your Username gives you access to archerE

"Username" means your archerE login user name, which is the email address you used to sign up.

"We", "us" or "our" refers to Cromeville Pty Ltd (ABN 88 666 665 461)

“You" and "your” refers to you and your archerE account. Any references in these conditions to “you” and “your” includes a reference to your archerE account and to any person authorised by you to access and/or operate your account(s) through archerE;

4. Continued application of terms and conditions.

These terms and conditions apply to each use of archerE. By using archerE you agree to these terms and conditions. If you do not agree to these terms and conditions, you cannot use archerE.

5. Our obligations.

5.1. If you agree to these terms and conditions, you will be able to use archerE to:

• manage employee data
• process payruns
• process super payment batches
• submit Single Touch Payroll reports to the ATO.

5.2. We will use reasonable care to ensure that archerE

• is available for use by you
• is secure
• complies with any relevant government legislation and standards, including the SuperStream standard and the ATO STP reporting standard.

6. Access and Security.

6.1. You will nominate a username and password which you can use to access archerE at https://app.archerE.au.

6.2. You must keep your username and password secure and confidential at all times. You must not disclose your username or password to any other person.

6.3. You must enter your username and password whenever you use archerE.

6.4. To maximise security, you should regularly change your password.

6.5. To protect your password, you must:

• protect your password from being lost, stolen or disclosed;
• not keep a written record of your password;
• not allow any person to read or hear your password, or watch you enter your password; and
• log off immediately after you have finished accessing your account.

Please note that we will not ask you for your password.

6.6. You:

• understand that your username and password allow anybody using them to obtain access to information relating to your account and undertake transactions on your account.
• understand that if you leave your computer unattended while logged on to archerE an unauthorised person may be able to obtain access to information relating to your account and undertake transactions on your account.

If either of these things happen:

• we will treat any operations on your account, whether involving access to information or the effecting of transactions, as having been personally authorised in writing by you; and
• we have no duty whatsoever to enquire or establish whether a person accessing your account using archerE is a person actually authorised.

6.7. You understand that no data transmission over the internet can be guaranteed as totally secure and that, while we will take all reasonable measures to protect the security of such information, we cannot ensure or warrant the security of any information you transmit to us using archerE.

6.8. If you suspect that your password and username may have become known to any other person, or that for any other reason another person may have been in a position to access your account using archerE, you must ensure that:

• your password is changed; and
• you inform us immediately on 07 3110 9050.

7.Additional users.

7.1. You may be able to add additional users to your archerE Account (Additional Users). This functionality is offered at our discretion.

7.2. Where Additional Users are added to your Account, the Additional Users must comply with your obligations under these terms.

7.3. Despite anything else set out in these terms and conditions, the functionality available to each Additional User will depend on the level of access you assign to them via the archerE application.

7.4. The access levels for Additional Users are: (1) Admin, (2) Basic user and (3) Read Only. One access level must be chosen for each Additional User. An Additional User cannot be granted more than one access level.

7.5. You can change the access level of any Additional User or remove the Additional User from your Account at any time via archerE.

8. Currency and accessibility.

You acknowledge that:

• information available through archerE may not always be current;
• transactions effected via archerE may take some time to process; and
• the services and functions offered through archerE may not all be available at all times.

9. Responsibility and liability.

9.1. You acknowledge that subject only to the express qualifications below you are solely responsible for, and we have no liability for:

• your use of archerE, and
• any breach of these terms and conditions

9.2. Nevertheless, without limiting clause 9.1, you are responsible for, and we have no liability for:

• any authorised or unauthorised use of your archerE account which is accessed with your username and password;
• keeping your username or password secure and any unauthorised access to your archerE account if you fail to keep it properly secure; or
• if you have, by action or omission, permitted an unauthorised person to access your account via archerE.

9.3. For the purposes of clause 9.1 and 9.2, you will continue to be responsible for, and we will continue to have no liability for, any information accessed or transactions effected up until the time that you notify us on 07 3110 9050 that:

• your username and/or password may have become known to someone not entitled to know it;
• unauthorised access may have been gained to your account in some other way; and
• we have had a reasonable opportunity to take appropriate security measures.

9.4. We will not be liable for:

• reliance by anyone on information obtained through archerE;
• any failure by archerE to provide information or perform operations requested, or any delays;
• any amount of loss or damage, except in the event of our negligence, fraud or deliberate misconduct;
• indirect or special loss or damage however caused, including as a result of negligence
• consequential loss or damage suffered as a result of using archerE
• unavailability of archerE or any function of archerE; or
• any events whatsoever beyond our control.

9.5. Nothing in these terms and conditions is intended to exclude, restrict or modify:

• the application of any provisions of the Competition And Consumer Act 2010, Australian Securities and Investments Commission Act 2001, or any equivalent State or Territory legislation;
• the exercise of any right conferred by such provisions; or
• our liability for a breach of a condition or warranty implied by such a provision.

In the event of inconsistency with any such provision or with any other law, these terms and conditions will be read down accordingly.

9.6. To the extent permitted by law, we limit our liability for breach of any of the non-excludable guarantees under the Australian Consumer Law to:

• the supplying of the services again, or
• the payment of the cost of having the services supplied again.

10. Online services.

10.1. Online services

We are authorised to act upon all instructions provided through archerE using your username and password. Transactions made through archerE are:

• governed by these terms and conditions; and
• governed by any other terms and conditions you accept during your use of archerE (including in any Product Disclosure Statement we provide to you and which you accept).

10.2. Availability

We will use reasonable efforts to ensure that archerE is available at all times.

It is your responsibility to use other means of effecting your payroll processes if for any reason you are unable to use archerE.

Subject to clause 9.6, we are not liable to you for or in connection with:

• the failure of archerE to perform in whole or in part, any function whether or not we have specified that the function will be performed or performed in a particular way;
• the unavailability of archerE in whole or in part because of the failure of any communication network, ancillary equipment or any circumstance beyond our reasonable control;
• any incorrect information or failure to provide information by an employee or contractor or the Australian Taxation Office; or
• delays or errors in the execution of any transaction or instruction because of a communication network, ancillary equipment or any circumstance beyond our reasonable control.

10.3. Errors or mistakes

We will take all reasonable steps to ensure that the information that we make available to you through archerE is correct and updated as per your instructions.

You must contact us as soon as possible if you think:

• there has been a mistake in a transaction made through archerE; or
• information received through archerE is wrong or incorrect
• updates are not reflected on your account after 10 working days.

We will do our best to rectify the error or indicate to you the approximate time necessary to rectify the error or complete the transaction upon receiving full disclosure of information relating to an error or mistake.

10.4. Privacy and Confidentiality

We will take reasonable precautions to safeguard the confidential information concerning your account with us, which we receive from you electronically via archerE.

From time to time we will use de-identified information collected through the system to perform analysis of the online system and to collate data for research and marketing purposes.

All personal information will be treated in line with our Privacy Policy available at https://archerE.au/privacypolicy

11. Variation.

11.1. We may vary any of these conditions by written notice to you before a change becomes effective:

• by notice displayed on any screen within archerE; or
• by any other reasonable method.

11.2. If you use archerE after notice has been given by a method referred to above, you will be taken to have accepted the variation.

11.3. Any help files and on screen notices within archerE form part of these terms and conditions to the extent relevant. If you use any function to which a help file or on screen notice applies, you will be taken to have accepted the help file and on screen notices as part of these terms and conditions.

12. Additional terms and conditions.

12.1. If you choose to use our integrated super payments feature, you will be asked to agree to additional terms and conditions that will apply to your use of the Precision Clearing House (Beam).

12.2. If there is any inconsistency between these archerE Terms and Conditions and the Precision Clearing House terms and conditions, the Precision Clearing House terms and conditions will prevail to the extent of the inconsistency but only in relation to your use of Precision Clearing House.

13. Suspension and cancellation of archerE.

13.1. We may at any time without notice modify, restrict, suspend or cancel your ability to use archerE (with or without notice to you) if we reasonably suspect you or someone else is being engaged in any fraudulent activity, where your use is, or may, affect use by any other user of archerE or where we reasonably believe your use does not comply with these terms and conditions.

13.2. We may at any time without notice modify, restrict, suspend or cancel your ability to use archerE (with or without notice to you) if your payment of fees becomes overdue.

13.3. You may suspend or cancel your ability to use archerE at any time by notifying us by e-mail, in writing or telephone on 07 3110 9050.

14. Termination.

14.1. We may terminate your access to archerE by giving written notice addressed to the last address we hold in our records for you, or by one of the methods referred to in clause 11.1 for notifying variation of conditions.

14.2. You may terminate your access to archerE at any time by notifying us by e-mail, in writing or telephone on 07 3110 9050.

Cromeville contact details.

PO Box 1450, Milton QLD 4064

info@cromeville.au

(07) 3110 9050