Shop agreement

01

Who we are

Custeum is operated by Organikode (ABN 88 490 922 768), of Melbourne, Australia. On this page “Custeum”, “we” and “us” mean Organikode.

“You” means the business named on your order, and everyone it lets into its shop portal.

02

Your shop and its people

• We create your shop and invite its owner. The owner invites managers and staff. Nobody joins a shop any other way.
• A manager does what an owner does, except removing the owner and inviting owners or managers. Staff do the day-to-day work and invite no one.
• One email address holds one role, and a login belongs to one shop. Someone who works at two shops uses a separate work address for each.
• The first sign-in is by a link we email; each person then sets their own password. We never set, see or send one.
• You answer for what your people do in the portal. Remove a member when they leave.

03

What we provide

The shop portal, the records you publish and the pages your clients read them on, the emails that carry them, the client book and Exclusives. Email about a record leaves under your shop’s name and replies come to you; it is sent from Custeum’s address so that nothing has to be set up on your side.

We provide Custeum with due care and skill. We aim for it to be available at all times and will tell you ahead of planned work, but we do not promise it will never be interrupted.

04

Your clients and their details

• Your client book is yours. You decide who is in it and what is written there, and you must have the right to hold each person’s details and to email them.
• The email address is the only check on who receives a record. Confirm it when you create a commission; a wrong address sends the record to a stranger.
• Tell your clients, in your own privacy notice or in conversation, that you keep their record with Custeum.
• The same holds for anyone you record who is not a client, such as a partner, an adviser or whoever made an introduction: have a lawful reason to hold their details, and tell them where the law requires it.
• Keep sensitive information out of notes and tags: health, beliefs, politics, sexuality, criminal history, and identity or payment card numbers.
• The contact details you hold are yours and we never overwrite them. The details a client registers are the client’s; you can read them and cannot change them.
• You are never told whether a client holds records from another shop or already has a Custeum account, and you must not try to find out.

05

What you publish

The photographs, captions, documents and films you publish remain yours. You give us the right to store them and to show them to your client, and to whoever your client shows them to, for the life of the record.

You confirm that you have the right to publish each one, including the consent of anyone who can be recognised in a photograph, and that nothing you publish is unlawful or infringes anyone’s rights. Put no more personal information into a record than the record needs.

06

Publishing is permanent

Nothing reaches a client until someone at your desk has kept it and published it. Once a stage is published it cannot be edited or withdrawn by you, and sealing a record is final. That permanence is what the client is being given.

If something was published by genuine mistake, write to us and we will put it right.

07

The record stays with the client

A client takes custody of their record from the day the commission begins. From then it is theirs to hold. The record, its link, its certificate and its downloads keep working for the client whatever happens to this agreement, including after it ends and while your shop is suspended, for as long as Custeum operates. We never charge your client.

We may take down or restrict a record, or part of one, where the law requires it, including on a valid request from a person it identifies. We tell you when we do.

08

What you learn about a client, and Exclusives

• You see whether stage emails were opened and which documents were downloaded only where the client has consented. You are not told who declined, and an empty line is not to be read as a refusal.
• Exclusives go to people who hold a record with you, and are only about your own goods, services and events. Tell each client at the outset that you may send them occasional invitations and news, and that they can turn these off.
• Each email carries a one-click unsubscribe, and a client may quiet your shop entirely. You must not work around either.
• You are the sender of your shop’s emails. You are responsible for complying with the Spam Act 2003 and with the marketing law of the places your clients live.

09

Support access

Our own people may sign into your shop as support, to help you, to investigate a fault or a complaint, or to keep Custeum secure. A support session sees what you see and can change nothing. Every session is logged by us.

10

Fees

There are no plans and no card on file. Each month we send the shop’s owner an invoice for the amount your order sets out, plus GST where it applies, and you pay it by the date on the invoice by the means it names.

If an invoice is unpaid fourteen days after its due date and after a reminder from us, we may suspend your shop until it is paid.

11

Suspension

We may suspend a shop for an unpaid invoice, for a serious breach of this agreement, or where its use puts clients or Custeum at risk. We give you seven days’ notice and the chance to put it right first, unless clients or security are at urgent risk, and we lift the suspension promptly once the cause is fixed. While a shop is suspended its people cannot sign in and it sends no email. Its clients’ records, links, certificates and custody carry on untouched.

12

Data protection

For your client book and for what you put into a record, you are the controller and we are your processor. We are separately responsible for your clients’ Custeum accounts and for keeping the records they hold.

• We handle that information only on your instructions, which are this agreement and what you do in the portal.
• Our people who can reach it are bound to confidence.
• We keep it secure, and each shop’s information is kept apart from every other shop’s in the database itself.
• We use the kinds of company the privacy policy describes to run Custeum, on terms that protect the information. We give you the current list with your order, and email the shop’s owner before adding or replacing one.
• We help you answer a client who asks to see, correct or remove what you hold about them.
• If we learn of a breach affecting your information, we tell you without undue delay and give you what you need to meet your own duties.
• Where information leaves the country it came from, we rely on the transfer terms the applicable law approves.
• On request we give you the information reasonably needed to show that we keep these promises.

13

Confidence

Each of us keeps the other’s confidential information to itself and uses it only for this agreement. Your client book is confidential to you; your order is confidential to both of us.

14

What is ours and what is yours

Custeum, its software and its design are ours. Your name, your logo, your photographs and your words are yours. We show your name and logo on your records and your emails. We do not name you as a client of ours without asking.

15

Ending the agreement

The agreement runs month to month unless your order says otherwise. Either of us may end it with thirty days’ written notice. Either may end it at once if the other is in serious breach and has not put it right within fourteen days of being asked.

• Your people can no longer sign in, and your shop sends no further email.
• Published records stay with your clients, as above.
• If you ask within thirty days, we give you a copy of your client book. Ninety days after the end we delete it, apart from what a record itself contains and what the law requires us to keep.
• Fees already due remain due.

16

Our responsibility to each other

Nothing here excludes a guarantee under the Australian Consumer Law that cannot be excluded. Where such a guarantee applies and the law allows, our liability is limited to supplying the service again or paying the cost of having it supplied again.

Otherwise, neither of us is liable to the other for indirect loss or for lost profit, and the total liability of each of us to the other in any twelve months is limited to the fees you paid us in that time. Fees you owe, and the next paragraph, sit outside that limit.

You are responsible for the work, the piece, and everything you publish or send. If someone else brings a claim against us because of something you published, or because you added or emailed a person without the right to, you will cover our loss from it, less whatever part of it we caused or added to. We will tell you of the claim promptly and take reasonable steps to keep the loss down.

17

Changes to this agreement

We may change this agreement by emailing the shop’s owner at least thirty days before the change takes effect; a change the law requires may take effect sooner. If you do not accept a change, you may end the agreement before it does, at no cost. Your fees are never changed this way: they are in your order, and change only by agreement.

18

General

This agreement is governed by the law of Victoria, Australia, and its courts hear any dispute. Notices go by email: to your shop’s owner, and to us at contact@custeum.com. Neither of us may transfer the agreement without the other’s consent, except that we may transfer it with the business behind Custeum. This page, your order and the privacy policy are the whole of what we have agreed.