Agreement
These terms form an agreement between you (and the organisation you represent, the “Customer”) and Athena Networks (“MSP Reports”, “we”, “us”) governing access to and use of the MSP Reports platform and website (the “Service”). By using the Service you agree to these terms. If a separate signed agreement or order form exists between you and us, that agreement prevails to the extent of any inconsistency.
Definitions
- Customer — the managed service provider (MSP) or other organisation that subscribes to the Service.
- Connected Systems — the third-party tools (such as PSA, RMM, Microsoft 365, security, backup, and network systems) the Customer connects to the Service.
- Customer Data — data the Customer connects, uploads, or that the Service retrieves from Connected Systems on the Customer’s instructions.
- End Client — a client of the Customer about whom Customer Data may relate.
The service
MSP Reports retrieves data from the Customer’s Connected Systems and compiles it into branded, client-ready reports delivered on the schedules the Customer configures. We may update, improve, or change features of the Service from time to time. Access is provided on a per-tenant basis to authorised users of the Customer.
Accounts & access
Access is granted to the Customer’s authorised users within the Customer’s tenant. The Customer is responsible for keeping login credentials secure, for the activity of its users, and for ensuring only authorised people have access. You must notify us promptly of any suspected unauthorised access.
Your responsibilities
The Customer is responsible for:
- having the right and authority to connect each Connected System and to allow us to access and process the Customer Data — including any necessary consents from, and arrangements with, End Clients;
- the accuracy of the data in its Connected Systems and the reports produced from it;
- its own privacy obligations to End Clients, including maintaining its own privacy policy;
- using the Service in line with these terms and the Acceptable Use Policy.
Acceptable use
Use of the Service is subject to our Acceptable Use Policy, which forms part of these terms. We may suspend access where use breaches that policy or poses a risk to the Service or others.
Fees & billing
Pricing is tailored to each Customer based on factors such as stack, client count, and reporting volume, and is set out in the applicable quote or order form. Unless stated otherwise, fees are in Australian dollars and exclusive of GST. Fees are invoiced monthly in advance and payable within 14 days of the invoice date, and we may suspend access where fees remain unpaid after a reasonable reminder. Subscriptions renew automatically for successive terms unless cancelled, and we will give at least 30 days’ notice of any change to fees before it takes effect.
Customer data
As between the parties, the Customer owns its Customer Data. The Customer grants us a limited licence to host, process, and use the Customer Data solely to provide and support the Service. We handle personal information within Customer Data in accordance with our Privacy Policy. On termination, we will delete or return Customer Data as described in that policy and any signed agreement.
Third-party integrations
The Service connects to third-party tools that the Customer chooses to use. Those tools are governed by their own terms, and their availability and behaviour are outside our control. We are not responsible for any third-party system, or for data that is inaccurate or unavailable at its source.
Intellectual property
We (and our licensors) own all intellectual property rights in the Service, including its software, design, and the report templates we provide. The Customer may apply its own branding to reports as the Service allows. Nothing in these terms transfers ownership of the Service to the Customer.
Confidentiality
Each party may receive confidential information of the other. Each party agrees to protect the other’s confidential information and to use it only as needed to perform under these terms, except where disclosure is required by law.
Availability & warranties
We aim to keep the Service available and reliable but do not guarantee it will be uninterrupted or error-free, and no specific uptime or service-level commitment applies unless agreed in writing in an order form. Except as required by law and as set out under Australian Consumer Law below, the Service is provided “as is” without warranties of any kind.
Liability
To the maximum extent permitted by law, neither party is liable for indirect, incidental, or consequential loss, or for loss of profits, revenue, or data, and our total liability arising out of or in connection with the Service is limited to the fees paid by the Customer in the 12 months before the event giving rise to the liability. Nothing in these terms excludes liability that cannot be excluded by law.
Australian Consumer Law
Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms limits or excludes those statutory rights. Where permitted, our liability for breach of a consumer guarantee is limited to re-supplying the Service or paying the cost of having it re-supplied.
Term & termination
These terms apply for as long as the Customer uses the Service or as set out in the applicable order form. Either party may terminate for material breach that is not remedied within 30 days of written notice. Any minimum term or commitment is as set out in the applicable order form. We may suspend or terminate access where required by law or where continued use poses a security or legal risk. On termination, the Customer’s right to use the Service ends.
Governing law
These terms are governed by the laws of Queensland, Australia, and each party submits to the non-exclusive jurisdiction of the courts of that place.
Changes
We may update these terms from time to time. The “last updated” date above shows when they last changed. Continued use of the Service after changes take effect means you accept the updated terms.
Contact
Questions about these terms? Reach us via our contact page or at josh@athenanetworks.com.au.