Terms of service

About these terms

These terms govern use of Verdue, the council vegetation compliance portal operated by Verdure Pty Ltd (ABN 60 681 364 394) (“we”, “us”). By using Verdue, the subscribing organisation (“you”, the “customer”) agrees to them.

Most councils use Verdue under a signed agreement with us. Where a signed agreement exists, it prevails over these terms to the extent of any inconsistency. These terms fill the gaps and govern any use not covered by a signed agreement, including evaluation access.

Definitions

• Service — the Verdue software, hosted at verdue.com.au, and the reporting it produces.
• Customer data — the site and asset data, configuration, issue records and reports created in your account, and the proof-of-service records supplied to it.
• Proof-of-service record — a record of completed work submitted to your account by a contractor’s software, including its positions, times, photographs and notes.
• Contractor — a business that supplies proof-of-service records for work performed under contract to you.

The service

We provide the service as described on this website: a compliance view of the sites you configure, verification of proof-of-service records against site boundaries, and audit-oriented reporting. We host, operate and support it. We may improve or change features over time; we will not remove a capability that is material to your use without reasonable notice.

Subscriptions and fees

Fees are quoted per council against your site count, contractor mix and contract structure, and are set out in your signed agreement or order. Subscriptions are annual unless agreed otherwise, invoiced in advance, in Australian dollars and exclusive of GST. Fees are fixed for the agreed term.

Evaluation access

Where we provide access for evaluation — including demonstration environments — it is provided as-is, for assessment only, and may be withdrawn at any time. Demonstration environments contain sample data and must not be used for real records.

Your obligations

• Provide accurate information when setting up and operating your account.
• Ensure your contracts with contractors permit their proof-of-service records to be supplied to your Verdue account, and require contractors to inform their operators that records identifying them are supplied (see the privacy policy).
• Keep account credentials confidential and tell us promptly about any suspected unauthorised access.
• Use the service lawfully and only for managing your own sites and contracts.

Council user accounts

Access is by named account; accounts must not be shared. You are responsible for the actions taken under your users’ accounts and for removing access when a person no longer requires it. You control which roles your users hold.

Acceptable use — accuracy of records

Records in Verdue must not be altered to misrepresent what was done or when. This includes editing timestamps, reattributing work to a site or contractor it does not belong to, or removing exception records to improve a compliance figure.

Verdue exists to evidence work honestly. Deliberate falsification is a breach of these terms and may result in suspension.

Customer data and records

Your records are yours. You own the site and asset data, issue records, reports and configuration created in your account. We claim no ownership of them.

Proof-of-service records supplied to your account by a contractor are held for you for contract administration, audit and legal purposes, for as long as your retention settings provide.

We store and process these records to provide the service, and we may use aggregated, de-identified information to improve the product. We will not use identifiable customer records for any other purpose.

Privacy

Personal information is handled as described in the privacy policy. Customer data is stored and processed in Australia, on Amazon Web Services infrastructure in the Sydney region.

Intellectual property

We own the service — the software, its design and its documentation. You receive a non-exclusive, non-transferable right to use it for the term of your subscription. You retain all rights in customer data. If you give us feedback, we may use it to improve the product without obligation.

Availability and support

We operate the service to be available continuously, with maintenance scheduled to minimise disruption and notified in advance where practicable. Support is provided by email on Queensland business days. Any specific availability or support commitments are set out in your signed agreement.

Liability

Nothing in these terms excludes rights that cannot be excluded under Australian law, including the consumer guarantees under the Australian Consumer Law where they apply.

Subject to that: our total aggregate liability arising out of the service in any 12-month period is limited to the fees you paid for the service in that period, and neither party is liable to the other for indirect or consequential loss. The service supports your contract administration; responsibility for decisions made using it — including approving contractor invoices and responding to claims — remains yours.

Indemnity

You indemnify us against third-party claims arising from customer data you supply in breach of these terms, or from your unlawful use of the service. We indemnify you against third-party claims that the service, as provided by us, infringes their Australian intellectual property rights.

Suspension and termination

Either party may terminate for material breach that is not remedied within 30 days of written notice. We may suspend access immediately where necessary to protect the service or its data, or where records are being deliberately falsified, and will tell you why. You may cancel your subscription at any time; fees for the current term are not refunded unless your signed agreement says otherwise.

Records on reduction or termination

Your records remain readable. If you reduce your subscription, cancel it, or it lapses, you keep access to every record already created in your account — including proof-of-service records, photographs and reports — and you may export them.

Features may become unavailable, so you may not be able to create new records of a given kind. Records already created will not be deleted, hidden or held behind payment.

You may request deletion of your account and data at any time.

Changes to terms

We may update these terms; we will post changes here and update the date, and notify customers by email of material changes. Changes do not apply retrospectively, and do not override a signed agreement for its current term.

Governing law

These terms are governed by the laws of Queensland, Australia, and the parties submit to the jurisdiction of its courts.

Contact

Questions about these terms: hello@verdue.com.au, Verdure Pty Ltd (ABN 60 681 364 394), Redland City, Queensland, Australia.