Terms of Service

1. About Auto-SOPA

Auto-SOPA is a document preparation tool operated by Harmonize Trade (ABN 82 982 480 271). Auto-SOPA assists users in creating payment claim documents designed to comply with the Security of Payment legislation in Australian states and territories.

By using Auto-SOPA, you agree to these Terms of Service. If you do not agree to these terms, please do not use our service.

2. Not Legal Advice

Auto-SOPA is a document preparation tool that assists users in creating payment claim documents. Auto-SOPA does not provide legal advice, legal opinions, or legal services of any kind. The use of Auto-SOPA does not create a lawyer-client relationship or any professional advisory relationship.

The information and documents provided through Auto-SOPA are for general informational purposes only and should not be construed as legal advice. You should consult with a qualified legal professional before taking any action based on information obtained through Auto-SOPA.

Auto-SOPA is designed to help you comply with Security of Payment legislation, but we cannot guarantee that documents created using our service will be legally compliant, valid, or enforceable in your specific circumstances.

3. User Responsibilities

As a user of Auto-SOPA, you are responsible for:

• Providing accurate, complete, and truthful information when creating claims
• Verifying that all information entered is correct before generating documents
• Understanding the Security of Payment legislation applicable to your state or territory
• Seeking independent legal advice if you are unsure about any aspect of your claim
• Maintaining the confidentiality of your account credentials
• Using the service only for lawful purposes
• Not attempting to circumvent any security features of the service

4. Reference Date Responsibility

Users are solely responsible for determining the correct Reference Date for their payment claim based on their contract and the applicable Security of Payment legislation. Auto-SOPA does not calculate, suggest, or verify Reference Dates.

The Reference Date is a critical element of a valid payment claim. An incorrect Reference Date may result in your claim being invalid. If you are unsure about your Reference Date, you should seek independent legal advice before proceeding.

When you confirm a Reference Date in Auto-SOPA, we record an audit trail of your confirmation including timestamp, IP address, and browser information. This audit trail is for your protection and cannot be modified after creation.

5. No Guarantee of Outcome

Auto-SOPA does not guarantee that any payment claim created using our service will be successful, valid, or enforceable. The success of a payment claim depends on many factors outside our control, including but not limited to:

• The accuracy of information provided by you
• The terms of the underlying construction contract
• The applicable Security of Payment legislation in your state or territory
• The response and actions of the other party to your claim
• Decisions made by adjudicators or courts
• Changes in legislation or case law

We provide document templates designed to comply with current legislation, but compliance with legislation does not guarantee a successful outcome for your claim.

6. Payment Terms

Auto-SOPA charges $99 AUD per claim pack (inclusive of GST). Payment is processed securely through Stripe.

Refund Policy: Once a payment claim PDF has been generated, the purchase is non-refundable as the service has been delivered. If you experience technical issues that prevent you from accessing your generated documents, please contact us and we will work to resolve the issue.

Prices are subject to change. Any price changes will not affect claims that have already been purchased.

7. Intellectual Property

Your Data: You retain ownership of all information and data you enter into Auto-SOPA. By using our service, you grant us a limited licence to use your data solely for the purpose of providing the service to you.

Our Platform: Auto-SOPA, including its software, templates, design, and branding, is owned by Harmonize Trade. You may not copy, modify, distribute, or create derivative works based on our platform without our written permission.

Generated Documents: Payment claim documents generated using Auto-SOPA are your property. However, the underlying templates and formatting remain our intellectual property.

8. Limitation of Liability

To the maximum extent permitted by law, Auto-SOPA and Harmonize Trade shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, or business opportunities
• Loss of data or goodwill
• Unsuccessful payment claims
• Errors in documents resulting from incorrect information provided by you
• Any claims by third parties

Maximum Liability: Our total liability for any claim arising from your use of Auto-SOPA is limited to the amount you paid for that specific claim pack ($99 AUD).

Nothing in these terms excludes or limits liability that cannot be excluded or limited under Australian Consumer Law.

9. Indemnification

You agree to indemnify, defend, and hold harmless Harmonize Trade and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with:

• Your use of Auto-SOPA
• Your violation of these Terms of Service
• Your violation of any rights of another party
• Any claim that your use of Auto-SOPA caused damage to a third party

10. Account Termination

We may suspend or terminate your access to Auto-SOPA at any time, with or without cause or notice, if we believe you have violated these Terms of Service or for any other reason at our sole discretion.

You may close your account at any time by contacting us. Upon account closure, you will retain access to any previously purchased and generated documents for a reasonable period.

Termination of your account does not entitle you to a refund for any purchased claim packs.

11. Governing Law

These Terms of Service are governed by and construed in accordance with the laws of Victoria, Australia. You agree to submit to the exclusive jurisdiction of the courts of Victoria for the resolution of any disputes arising out of or relating to these terms or your use of Auto-SOPA.

12. Dispute Resolution

If you have a dispute with us, we encourage you to first contact us directly to seek a resolution. We will attempt to resolve any disputes in good faith through negotiation.

If we cannot resolve a dispute through negotiation, either party may pursue formal legal remedies in accordance with the governing law provisions above.

13. Modifications to Terms

We reserve the right to modify these Terms of Service at any time. We will notify you of any material changes by posting the updated terms on our website and updating the "Last updated" date above.

Your continued use of Auto-SOPA after any modifications constitutes your acceptance of the updated terms. If you do not agree to the modified terms, you should stop using the service.

14. Contact Information

If you have any questions about these Terms of Service, please contact us: