Terms of Service

Introduction

These Terms of Service ("Terms") constitute an agreement between NewChurchTek Pty Ltd, trading as You'reOnTime ("You'reOnTime", "we", "us" or "our"), and the person, business or organisation ("Customer", "User" or "you") accessing or using our services.

You'reOnTime provides cloud-based business management software, including appointment scheduling, online bookings, customer management, reporting, messaging, data storage and related features (collectively, the "Service").

By registering for an account, accepting these Terms or using the Service, you agree to be bound by this Agreement.

If you register on behalf of a business or organisation, you confirm that you are authorised to enter into this Agreement on its behalf.

If you do not agree to these Terms, you must not use the Service.

These Terms should be read together with our Privacy Policy and any applicable subscription agreement.

1. Payment, Subscriptions and Billing

1.1 Subscription Fees and Payment Authorisation

You'reOnTime operates on a subscription basis. Customers agree to pay all applicable subscription fees, additional service charges and taxes associated with their selected subscription plan.

All new subscriptions are billed monthly. Existing customers who were previously offered annual billing may continue on their original billing arrangements, unless otherwise agreed. Subscription fees are charged according to the billing frequency agreed upon at the time of registration or as subsequently agreed in writing.

By providing a payment method and authorising recurring billing, customers authorise You'reOnTime and its authorised payment providers to charge the applicable subscription fees on each scheduled billing date until the subscription is cancelled.

Customers are responsible for maintaining accurate billing information and ensuring their nominated payment method remains valid.

You'reOnTime may change subscription pricing by providing at least 30 calendar days' advance notice. Customers may cancel before the new pricing takes effect without an additional cancellation penalty.

1.2 Automatic Subscription Renewals

Subscriptions automatically renew at the end of each billing period unless cancelled in accordance with Section 1.3.

Renewal fees will be based on the customer's selected subscription plan and the applicable pricing communicated before renewal.

Customers remain responsible for valid subscription charges incurred before the effective cancellation date.

1.3 Subscription Cancellation

Customers may cancel their subscription at any time through the available account cancellation process or by contacting You'reOnTime support.

Cancellation takes effect at the end of the current paid billing period unless otherwise agreed or required by law.

Customers will ordinarily retain access to their subscribed services until the effective cancellation date, provided their account has not otherwise been lawfully suspended.

No further recurring subscription fees will be charged after the effective cancellation date.

Subscription fees already paid are generally non-refundable for change-of-mind cancellations, except where required by applicable law or expressly agreed.

Cancellation does not remove the obligation to pay valid outstanding charges incurred before the effective cancellation date.

You'reOnTime will provide confirmation of cancellation and its effective date.

1.4 Outstanding Subscription Fees

Customers remain responsible for valid subscription fees incurred during periods in which the Service has been made available under their subscription agreement.

This obligation applies whether the customer uses the Service frequently, occasionally or not at all, provided the subscription remains active and has not been validly cancelled.

Failure to collect a payment does not, by itself, mean that the subscription has been cancelled or that valid fees have been waived.

You'reOnTime reserves the right to recover legitimately outstanding subscription fees in accordance with these Terms and applicable law.

1.5 Billing Errors and Recovery of Uncollected Fees

If subscription fees are not collected due to a technical, administrative, processing or billing error, You'reOnTime may seek payment of valid outstanding amounts.

Where this occurs, You'reOnTime will:

Notify the customer in writing of the billing error.
Provide an itemised statement or tax invoice identifying the affected billing periods and amounts.
Explain any credits or adjustments applied.
Provide reasonable notice before collecting outstanding amounts.
Consider a reasonable payment arrangement where appropriate.

Unless the customer separately authorises earlier collection, You'reOnTime will ordinarily provide at least 14 calendar days' written notice before attempting to collect accumulated arrears resulting from a billing error.

Where a substantial amount has accumulated over several billing periods, You'reOnTime will reasonably consider an instalment arrangement.

A billing error does not automatically extinguish the customer's obligation to pay subscription fees validly owed.

You'reOnTime will not recover charges that are not contractually or legally payable.

1.6 Failed Payments and Payment Disputes

If a payment is declined, reversed or disputed, You'reOnTime may contact the customer to investigate and resolve the matter.

Customers remain responsible for valid outstanding fees, including where a chargeback reverses a payment legitimately owed.

You'reOnTime reserves the right to contest disputed transactions through its payment provider or the relevant financial institution.

Supporting evidence may include:

Subscription registration and acceptance records.
Payment authorisation and transaction records.
System-generated tax invoices.
Account history and subscription records.
System audit logs and activity records.
Appointment, booking and transaction activity.
Relevant customer correspondence and billing notifications.

You'reOnTime may disclose information reasonably necessary to investigate or respond to a payment dispute, subject to applicable privacy and data protection laws.

Customers retain the right to dispute incorrect or unauthorised transactions.

Submitting a payment dispute does not, by itself, constitute misconduct or grounds for suspension.

1.7 Repeated Payment Disputes and Chargeback Protection

You'reOnTime recognises that customers have the right to dispute incorrect, unauthorised or otherwise legitimately disputed payments.

However, repeated payment reversals that result in valid subscription fees remaining unpaid may constitute a material breach of the customer's payment obligations.

Where two or more subscription payments are reversed or charged back within a rolling 12-month period, You'reOnTime may review the customer's account and payment arrangements.

In determining whether further action is appropriate, You'reOnTime will consider:

The reasons for the payment disputes.
The customer's payment and subscription history.
Whether the disputed transactions were properly authorised.
Whether the subscription services were supplied.
Whether valid outstanding amounts remain unpaid.
Whether the customer has attempted to resolve the outstanding balance.

Where repeated payment reversals result in valid outstanding fees and the customer fails to resolve those amounts after reasonable written notice, You'reOnTime may:

Suspend or restrict access to the Service in accordance with Section 1.8.
Require a verified alternative payment method for future subscriptions.
Require advance payment for future subscription periods.
Decline further automatic renewal where reasonably justified.
Terminate the subscription following written notice and a reasonable opportunity to remedy the non-payment.

You'reOnTime reserves the right to contest disputed transactions and submit relevant subscription agreements, payment authorisations, invoices, system audit logs, account activity and customer communications to payment providers and financial institutions.

Where reliable evidence indicates that a customer has knowingly provided materially false information in connection with a payment dispute, You'reOnTime may take lawful action to protect its legitimate business interests.

A chargeback does not automatically cancel a subscription or extinguish an otherwise valid outstanding debt.

You'reOnTime will not penalise customers merely for exercising legitimate payment dispute rights.

Nothing in this clause limits rights or remedies available under applicable law.

1.8 Account Suspension for Non-Payment

You'reOnTime reserves the right to suspend or restrict access to the Service where:

Valid subscription fees remain overdue.
A payment reversal or chargeback results in a valid outstanding balance.
The customer materially breaches their payment obligations.
An agreed payment arrangement is not honoured.

Except where immediate action is reasonably necessary to address fraud, security threats or other serious harm, You'reOnTime will provide written notice identifying the outstanding amount and at least seven calendar days to resolve the matter before suspension.

The notice will explain the steps required to avoid suspension.

During suspension, some or all Service features may become unavailable, including:

Appointment calendars and scheduling.
Online booking functionality.
Customer management.
Reporting and business analytics.
Messaging and communications.
Other subscription features.

Suspension does not extinguish valid subscription fees incurred before the suspension date.

New recurring subscription charges will not accrue solely for the period during which You'reOnTime has fully suspended access for non-payment, unless a separate, clearly disclosed and lawful arrangement applies.

You'reOnTime will exercise suspension rights reasonably and proportionately.

1.9 Account Reactivation

A suspended account may be reactivated when:

Valid outstanding fees have been paid; or
An alternative payment or dispute resolution arrangement has been agreed upon.

You'reOnTime will restore access within a reasonable period after the grounds for suspension have been resolved.

Reactivation does not waive outstanding fees unless expressly agreed in writing.

1.10 Customer Data During Suspension

Customers retain ownership of the business data they enter into the Service, subject to applicable laws and third-party rights.

Suspension for non-payment does not automatically result in deletion of customer data.

During suspension, customers may request a reasonable opportunity to retrieve or export their business data.

Access or export requests may be subject to identity verification, privacy, security and legal requirements.

You'reOnTime may provide data through an appropriate export format or other reasonable means rather than restoring full software functionality.

You'reOnTime will not use the withholding of customer data as an unlawful penalty for non-payment.

1.11 Recovery of Outstanding Payments

You'reOnTime may take lawful steps to recover valid outstanding subscription fees.

Where permitted by applicable law and expressly recoverable under these Terms, customers may be responsible for reasonable, documented and proportionate recovery costs directly resulting from their failure to meet payment obligations.

You'reOnTime will not impose arbitrary penalties or recover costs that are not legally enforceable.

1.12 SMS Credits

SMS credits purchased through You'reOnTime are generally non-refundable, including where an account is cancelled or suspended, except where required by law.

Customers are encouraged to purchase only the number of SMS credits they reasonably anticipate using.

Any applicable expiry conditions will be disclosed before purchase.

2. Member Account, Password and Security

2.1 Account Registration

Customers must provide accurate registration, business and contact information.

Each account must be registered by a person authorised to act on behalf of the relevant business or organisation.

Customers must keep their account information current.

2.2 Account Security

Customers are responsible for maintaining the confidentiality of their passwords and account credentials.

Customers must take reasonable precautions to prevent unauthorised access and must promptly notify You'reOnTime of suspected security breaches.

Customers are responsible for activities undertaken by their authorised users, except to the extent caused by circumstances for which the customer is not legally responsible.

2.3 System Audit Logs and Activity Records

You'reOnTime may automatically record system activity associated with customer accounts for operational, security, billing, compliance and dispute resolution purposes.

These records may include:

Account login and access history.
Dates and times of system activity.
Appointment creation, modification and cancellation.
Customer record creation and updates.
Transaction and payment activity.
Administrative actions and account changes.
Relevant technical information, including IP addresses and device information where collected.

These records may be used to investigate billing disputes, verify service delivery, identify unauthorised activity and maintain system security.

You'reOnTime may retain relevant audit records for as long as reasonably necessary for these purposes, including while a dispute, investigation or legal claim remains unresolved, subject to applicable privacy laws and documented retention policies.

Access to audit records will be restricted to authorised personnel and other parties where disclosure is reasonably necessary and legally permitted.

2.4 Acceptance of Terms

You'reOnTime may maintain records of a customer's acceptance of these Terms, including:

The version of the Terms accepted.
Date and time of acceptance.
Account and business identifiers.
Relevant technical information, where collected.

These records may be used to establish the contractual terms applicable to an account or transaction.

3. Member Conduct

Customers are responsible for the information, records, messages, images and other materials they upload, store or transmit using the Service ("Content").

Customers must ensure that their use of the Service complies with applicable laws and does not infringe the rights of others.

Customers agree not to:

Use the Service for unlawful, fraudulent or misleading activities.
Attempt to gain unauthorised access to systems or accounts.
Disrupt or interfere with the Service.
Introduce malicious software or harmful code.
Reverse-engineer the software except where permitted by law.
Upload unlawful, defamatory or infringing material.
Impersonate another person or organisation.
Send unsolicited communications contrary to applicable laws.
Use the Service in a manner that threatens its security or integrity.

You'reOnTime may investigate suspected breaches and take reasonable action to protect its systems, customers and other parties.

Where appropriate, customers will be notified and given an opportunity to remedy a breach.

Serious unlawful conduct or security threats may justify immediate protective action.

Suspension for non-payment is governed by Section 1.8.

Nothing in this section removes obligations that You'reOnTime cannot lawfully exclude.

4. Service Availability, Modifications and Termination

4.1 Service Availability

You'reOnTime aims to provide a reliable and accessible software platform.

However, temporary interruptions may occur due to maintenance, software updates, technical failures, internet connectivity issues or circumstances beyond our reasonable control.

You'reOnTime will take reasonable steps to minimise disruption and restore affected services.

4.2 Modifications to the Service

You'reOnTime may update, improve, modify or discontinue features for legitimate operational, security or business reasons.

Where a change materially reduces the functionality of a customer's subscribed Service, reasonable advance notice will be provided where practicable.

Customers may be entitled to cancel or obtain an appropriate remedy where required by law.

4.3 Account Termination

You'reOnTime may terminate an account where the customer materially breaches these Terms and fails to remedy the breach within a reasonable period after receiving written notice.

Immediate termination may occur where reasonably necessary to address serious fraud, unlawful conduct, security threats or other significant risks.

Termination does not remove valid outstanding payment obligations.

4.4 Customer Data Retention and Deletion

Following subscription cancellation or account termination, You'reOnTime will ordinarily retain customer business data for 90 calendar days.

During this period, customers may request an export of their business data, subject to reasonable identity verification, privacy, security and legal requirements.

After the 90-day retention period, customer business data may be permanently deleted and may no longer be recoverable.

Customers are responsible for requesting or exporting required business records within the retention period.

Certain information may be retained for longer where reasonably necessary or legally required, including:

Tax invoices and financial records.
Payment authorisations and transaction records.
System audit logs and security records.
Relevant customer communications.
Records required for legal compliance, dispute resolution or the enforcement of agreements.

Personal information will be retained, deleted or de-identified in accordance with applicable privacy laws and our Privacy Policy.

The 90-day period does not limit any longer retention required by law or reasonably necessary for unresolved disputes or legal proceedings.

4.5 Changes to These Terms

You'reOnTime may update these Terms from time to time.

Material changes will ordinarily be communicated at least 30 calendar days before taking effect, unless an earlier change is reasonably necessary for legal compliance or urgent security reasons.

Where required by law, customer agreement will be obtained before material changes become binding.

Customers who do not agree to a material change may cancel their subscription before it takes effect without an additional cancellation penalty.

Changes will not retrospectively alter accrued contractual rights or obligations unless lawfully agreed.

5. Copyright and Intellectual Property

The You'reOnTime software, website, designs, documentation, trademarks and associated intellectual property are owned by or licensed to You'reOnTime and its suppliers.

The Service is licensed, not sold.

Customers receive a limited, non-exclusive, non-transferable right to use the Service during their active subscription in accordance with these Terms.

Customers must not reproduce, distribute, resell or commercially exploit the software without written authorisation, except where permitted by law.

Customers retain ownership of their business Content.

Customers grant You'reOnTime the limited rights reasonably necessary to host, store, process, transmit and display their Content for the purpose of providing and supporting the Service.

6. Links to Third Parties

The Service may contain links to or integrations with third-party websites, applications, payment providers and other services.

You'reOnTime does not control independent third-party services and is not responsible for their content or operations except to the extent required by law.

Customers should review the applicable terms and privacy policies of third-party providers.

The inclusion of a third-party link or integration does not necessarily constitute an endorsement.

7. Liability and General Conditions

7.1 Service Performance

You'reOnTime will exercise reasonable care and skill in providing the Service.

However, software services may occasionally experience errors, interruptions, compatibility issues or technical limitations.

Nothing in these Terms guarantees uninterrupted or error-free operation.

7.2 Customer Responsibilities

Customers are responsible for ensuring that information entered into the Service is accurate and that their business activities comply with applicable laws.

Customers should maintain appropriate business continuity procedures and retain copies of important business records where reasonably necessary.

7.3 Limitation of Liability

To the maximum extent permitted by law, You'reOnTime excludes liability for indirect or consequential losses arising from use of the Service, including lost profits or business opportunities, except where such liability cannot lawfully be excluded.

Nothing in these Terms excludes, restricts or modifies any rights, guarantees or remedies that cannot lawfully be excluded under the Australian Consumer Law or other applicable legislation.

Where permitted by law, liability for failure to comply with an applicable service guarantee may be limited to supplying the services again or paying the cost of having the services supplied again.

These limitations do not apply where prohibited by law, including to liability that cannot lawfully be limited.

7.4 Privacy and Data Protection

You'reOnTime will handle personal information in accordance with its Privacy Policy and applicable privacy and data protection laws.

Customers are responsible for obtaining any necessary permissions and complying with applicable privacy obligations when entering personal information into the Service.

7.5 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to operate to the extent permitted by law.

7.6 Entire Agreement

These Terms, together with any applicable subscription agreement, order confirmation and referenced policies, constitute the agreement between You'reOnTime and the customer concerning use of the Service.

Nothing in these Terms excludes rights or remedies that cannot lawfully be excluded.

7.7 Governing Law

These Terms are governed by the laws of Victoria, Australia, subject to any mandatory laws applicable in other jurisdictions.

The parties submit to the non-exclusive jurisdiction of the courts of Victoria, Australia, subject to applicable law.

7.8 Contact Information

For questions about these Terms, subscriptions, billing, account access or cancellation, please contact You'reOnTime through the contact details published on our website.

Website: https://youreontime.com