Means to enable Users to store data, manage report and/or analyse data or otherwise approach or make use of a Site.
1.2 “Additional Costs”
Means the fees associated with additional SMS messages over your allocated limit and for video and attachment storage and transfer over and above 1GB per month per user.
1.3 “Additional Services”
Means the fees associated with additional Services that you require for your Project including but not limited to customisation of forms, performance standards, data‐analysis or training.
Means a User that you can nominate to permit new Users to Access your Site, set up access and sharing capabilities between Users and set up the Hierarchical structure of Users within your organisation.
1.5 “Confidential Information”
Means all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Software but does not include information which is, or becomes, publicly available other than through unauthorised disclosure by the other party.
1.6 “Build Fee”
Means the upfront fee (excluding any applicable taxes and duties) payable by you in accordance with Our Pricing Schedule (which may change from time to time), and/or in accordance with any written quotes provided by us and accepted by you.
Fusion Sport Pty Ltd
76 Neon Street, Sumner
QLD, 4074, Australia
Means any Templates, Data, personal data or information inputted by you or us into your Software Site.
1.8 “Data Protection Laws”
Means the applicable legislation that governs the protection of personal data, and the individual’s right to privacy with respect to the processing of personal data.
1.9 “Data Controller”
Means a person who determines the purposes for which, and the manner in which, Data and personal information is to be processed or transferred. This may be an individual or an organisation and the processing may be carried out jointly or in common with other persons.
1.10 “Data Processor”
Means any person who obtains, records, or holds the Data, or carries out any operation or set of operations on Data on behalf of the Data Controller.
Means the Licence Fee, Build Fee, Additional Costs and Additional Services.
1.12 “Intellectual Property Right”
Means any patent, trade mark, service mark, copyright, moral right, right in a design, know‐how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.
1.13 “License Fee”
Means the annual license fee (excluding any applicable taxes and duties) payable by you in accordance with our Pricing Schedule (which may change from time to time), and/or in accordance with any written quotes provided by us and accepted by you.
1.14 “Our”, “We”, “Us”
Means Fusion Sport and all its affiliated entities.
1.15 “Pricing Schedule”
Means any pricing material produced by us detailing the structure and cost of the Fees.
Means the development of a private Site by Us on your behalf, together with the Services to be performed by us.
Means access to the on‐line help manual, email and phone support services, and any additional services requested and accepted by you for an additional cost.
Means your version of all Fusion Sport-owned and operated products including, but not limited to, the web apps and mobile apps that may be associated with each product (as may be changed or updated from time to time by us).
Means the unique implementation that is developed for each Project which is available via the Internet on the World Wide Web at the following URLs: https://my.smartabase.com/Name (project name), or https://my.smartabase.co.uk/Name, or https://my.smartabase.eu/Name (project name), or a custom installed site which shall be password protected.
Means the structure of the Data that is going to be recorded in your Site. For example, specific fitness tests, questionnaires and training logs.
Means a customer who has been granted a non‐transferable license by the us to facilitate Access to a Site for a period of twelve (12) months.
Means the Internet site at the domain https://my.smartabase.com , https://my.smartabase.co.uk and www.fusionsport.com , or any other site operated by us.
Means you and includes your employees, consultants, representatives, athletes, coaches and sports professionals.