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Terms of Service

Version: 2026-09-10 | Windrush Solutions PTY LTD

Terms of Service

Windrush Solutions PTY LTD (trading as BOS Windrush) | ABN 82 665 004 400 Effective Date: 25 February 2026 | Version: 2026-09-10

1. Definitions

In these Terms of Service ("Terms"), the following definitions apply:

  1. "We", "us", "our" or "Windrush BOS" means Windrush Solutions PTY LTD (trading as BOS Windrush), a company registered in New South Wales, Australia.
  2. "Platform" means the Windrush BOS cloud-based job management software, including all web and mobile interfaces, APIs, and associated services.
  3. "You", "your" or "User" means any individual or entity that creates an account on the Platform or otherwise accesses or uses the Platform.
  4. "Account" means the registered account you create to access the Platform.
  5. "Subscription" means the paid plan you select to access the Platform's features.
  6. "Content" means any data, text, files, images, documents, or other materials you upload, submit, or store on the Platform.
  7. "Services" means all functionality, features, and tools provided through the Platform.

2. Acceptance of Terms

  1. By creating an Account, accessing, or using the Platform, you agree to be bound by these Terms, our Privacy Policy, End User Licence Agreement, and Acceptable Use Policy (collectively, the "Agreements").
  2. If you are entering into these Terms on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Agreements.
  3. If you do not agree to these Terms, you must not access or use the Platform.

3. Account Registration

  1. You must provide accurate, current, and complete information during registration.
  2. You are responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account.
  3. You must notify us immediately at info@windrush.net.au if you become aware of any unauthorised use of your Account.
  4. We reserve the right to suspend or terminate Accounts that contain false or misleading registration information.
  5. You must be at least 18 years of age to create an Account.

4. Subscription and Billing

  1. Plans. The Platform is offered under tiered Subscription plans: Trial, Starter, Pro, and Enterprise. Feature availability and seat limits vary by plan.
  2. Free Trial. New Accounts receive a free trial period as stated at the time of registration. No payment is required during the trial. At the end of the trial, your Account will be downgraded unless you select a paid Subscription.
  3. Payment. All payments are processed through Stripe in Australian Dollars (AUD). By subscribing, you authorise us to charge your nominated payment method on a recurring basis in accordance with your selected billing cycle.
  4. Price Changes. We may change Subscription pricing with at least 30 days' written notice. Price changes take effect at the start of your next billing cycle following the notice period.
  5. Taxes. All prices displayed are inclusive of GST, where GST applies under Australian tax law. Windrush Solutions PTY LTD is registered for GST (ABN 82 665 004 400).
  6. Failed Payments. If a payment fails, we will attempt to collect payment for up to 14 days. If payment remains unsuccessful, we may suspend or downgrade your Account.
  7. Refunds. Subscription fees are non-refundable except where required by Australian Consumer Law.
  8. Account Termination for Non-Payment. Accounts with overdue payments exceeding 30 days may be suspended. Accounts suspended for non-payment for more than 90 days may be permanently terminated, and associated data may be deleted in accordance with our data retention policy.

5. Acceptable Use

  1. You must use the Platform in compliance with all applicable laws and regulations.
  2. You must comply with our Acceptable Use Policy at all times.
  3. You are solely responsible for all Content you upload, store, or transmit through the Platform.
  4. We reserve the right to remove Content or suspend Accounts that violate these Terms or our Acceptable Use Policy.

6. Intellectual Property

  1. Our IP. The Platform, including its software, design, trademarks, logos, and documentation, is owned by or licensed to Windrush Solutions PTY LTD. All rights not expressly granted are reserved.
  2. Your Content. You retain all ownership rights in the Content you upload to the Platform. By uploading Content, you grant us a limited, non-exclusive licence to host, store, process, and display that Content solely for the purpose of providing the Services.
  3. Feedback. If you provide feedback, suggestions, or ideas about the Platform, you grant us an unrestricted, irrevocable, royalty-free licence to use, modify, and incorporate that feedback.

7. Uptime and Availability

  1. We target a Platform availability of 99.5% measured on a calendar-month basis, excluding scheduled maintenance windows.
  2. This target is an operational goal and does not constitute a guaranteed service level agreement (SLA).
  3. We will use commercially reasonable efforts to provide advance notice of scheduled maintenance.
  4. We are not liable for any downtime, interruptions, or performance degradation caused by factors beyond our reasonable control, including internet outages, third-party service failures, or force majeure events.

8. Data Portability

  1. You may export your data at any time using the Platform's built-in export features (CSV, PDF).
  2. Upon Account termination, you will have a 30-day window to export your data before it is permanently deleted.
  3. We may provide data export assistance at our discretion and may charge a reasonable fee for manual export requests.

9. Warranties and Disclaimers

  1. The Platform is provided on an "as is" and "as available" basis.
  2. To the maximum extent permitted by law, we disclaim all warranties, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
  3. We do not warrant that the Platform will be uninterrupted, error-free, or free of harmful components.
  4. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted, or modified by agreement.
  5. Unfair Contract Terms. If you are a "small business" as defined under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)), any term of these Terms, the EULA, or the Acceptable Use Policy that would otherwise be void as an unfair contract term under sections 23 to 28 of the Australian Consumer Law is void to that extent, and the remainder of these Terms continues to apply.

10. Limitation of Liability

  1. To the maximum extent permitted by law, the aggregate liability of Windrush BOS arising out of or in connection with these Terms or the use of the Platform shall not exceed the total Subscription fees paid by you in the 12 months immediately preceding the event giving rise to the claim.
  2. To the maximum extent permitted by law, Windrush BOS shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, goodwill, or business opportunity, regardless of the cause of action.
  3. The limitations in this section apply regardless of whether the liability is based on contract, tort (including negligence), strict liability, or any other legal theory.

11. Indemnification

  1. You agree to indemnify, defend, and hold harmless Windrush BOS, its directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with:
    • Your use of the Platform;
    • Your Content;
    • Your breach of these Terms; or
    • Your violation of any applicable law or the rights of any third party.

12. Termination

  1. By You. You may cancel your Subscription at any time through your Account settings. Cancellation takes effect at the end of the current billing cycle. No partial refunds are provided for unused portions of a billing cycle.
  2. By Us. We may suspend or terminate your Account immediately if:
    • You breach these Terms or any of the Agreements;
    • Your Account has been inactive for 12 consecutive months;
    • We are required to do so by law; or
    • We cease to offer the Platform.
  3. Effect of Termination. Upon termination, your right to access the Platform ceases immediately. You will have 30 days from the date of termination to export your data. After 30 days, we may permanently delete your Account and all associated data.

13. Dispute Resolution

  1. Informal Resolution. Before commencing any formal proceedings, the parties agree to attempt to resolve any dispute informally by contacting info@windrush.net.au. The parties will endeavour to resolve the dispute within 30 days.
  2. Mediation. If informal resolution is unsuccessful, the parties agree to submit the dispute to mediation administered by the Resolution Institute (or its successor body) in Sydney, New South Wales, before commencing any court proceedings.
  3. Jurisdiction. If mediation is unsuccessful, the dispute shall be submitted to the exclusive jurisdiction of the courts of New South Wales, Australia, and the Federal Court of Australia.

14. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of New South Wales, Australia, without regard to conflict of law principles.

15. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving the parties' original intent.

16. Modifications

  1. We may update these Terms from time to time. Material changes will be communicated via email or through the Platform with at least 14 days' notice.
  2. Your continued use of the Platform after the effective date of any changes constitutes acceptance of the updated Terms.
  3. If you do not agree to the updated Terms, you must stop using the Platform and cancel your Subscription.

17. General

  1. Entire Agreement. These Terms, together with the other Agreements, constitute the entire agreement between you and Windrush BOS regarding the Platform.
  2. Assignment. You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
  3. Waiver. A failure or delay by either party in exercising any right under these Terms does not constitute a waiver of that right.
  4. Notices. Notices to you will be sent to the email address associated with your Account. Notices to us should be sent to info@windrush.net.au.

18. Contact Information

Windrush Solutions PTY LTD (trading as BOS Windrush) ABN: 82 665 004 400 Address: 7/121 Old Pittwater Road, Brookvale, NSW 2100 Email: info@windrush.net.au Phone: 0431 151 159

These Terms of Service were last updated on 25 February 2026.