Description of Services

eAdmin is a web-based business administration and accounting system including, payroll, quotations, stock control, order entry, purchase order entry, bank reconciliations, BAS reporting and timesheets developed by Lesley McMillan and marketed under license by Casbah Resources Pty. Ltd.
eAdmin provides services to Users whose principal place of business is in Australia.

Acceptance of Terms & Conditions

The following Terms and Conditions apply to the use of eAdmin. Your access to eAdmin is subject to and conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document. Your use of, and/or access to eAdmin constitutes your agreement to these Terms and Conditions and the Privacy Statement, Copyright and Trade Mark Notice, Pricing Notice and Statement of Minimum Requirements as amended from time to time.

Casbah Resources Pty. Ltd. reserves the right to amend the Terms and Conditions at any time. As these alterations occur, acceptance of new Terms and Conditions will be constituted by the Owner logging onto eAdmin. The most current version of the Terms and Conditions may be viewed by clicking on the "Terms & Conditions" hypertext link located at the bottom of any eAdmin page.

These terms and conditions are governed by the laws of Victoria, the relevant laws of the Commonwealth of Australia, and both parties submit to the non-exclusive jurisdiction of the courts of the State of Victoria.

Definitions

"Account" or "Set of Accounts" means the set of financial accounts registered by or on behalf of the Client.

"ATO" means the Australian Taxation Office and its successors.

"Authorised Access" means the specific level of access to the Client's Set of Accounts, defined by the User Profile.

"Client" or "You" or "Yourself" means the person or entity who is the Owner of the Set of Accounts.

"Content" means materials displayed on the Web Site, including without limitation all information, text, materials, graphics, software, tools, results derived from the use of software and tools, advertisements, names, logos and trade marks on the Web Site.

"CSV Files" means comma delimited text files that can be imported into a variety of applications.

"Home Page" means the first web page of the Web Site.

"Owner" means the person nominated by the Client who is authorised to register the Client's Set of Accounts.

"Password" means a unique Password that allows the Client to log on to eAdmin. Initially the Password is allocated and emailed to the Client by eAdmin.

"Payment Period" means or refers to the billing period used by Us which until further notice is thirty (30) days.

"Service" means the facility of having access to the eAdmin system and/or access to the Web Site and the services provided by Casbah Resources Pty Ltd to assist the Client in the administration of their business using the eAdmin Web Site.

"Service Fee" means the fee (s) charged by Us for the Service.

"Support Plan" means the method of support as set out in the Pricing Structure that you choose to receive whilst using eAdmin. Email support is included free of charge with all plans. "Blue Plan" means all telephone support included in the Service Fee. "Red Plan" means pay as you go telephone support. "Green Plan" means email support.

"User" means an employee, client, authorised agent, advisor or registered taxation practitioner/accountant granted Authorised Access by the Owner to the Client's Set of Accounts via the Web site pursuant to the Terms and Conditions set out herein.

"User Name" means a unique name that allows the Client to log on to eAdmin™. The User Name is selected by the Client.

"User Profile" means the individual User's level(s) of access to the Client's Set of Accounts.

"You", "Yourself" or "Your Company" refers to the Client of Casbah Resources Pty. Ltd. whether it is a company, trust or other entity or organisation, a partnership or an individual.

"We", "Us" or "Our" means Casbah Resources Pty. Ltd. ACN 006 782 770 and its succesors. Casbah Resources Pty Ltd can be contacted as follows:

"Web Site" means the Web Site located at www.eadmin.com.au

Web Requirements

All equipment necessary for a World Wide Web connection including all hardware together with all maintenance costs, fees or other software costs incurred or required to maintain World Wide Web connection will be supplied or paid for by You.

Register a New Set of Accounts

Once you have obtained access to the World Wide Web, you must Register a new Set of Accounts in order to obtain Authorised Access to eAdmin (as the owner of your Set of Accounts). This is accomplished by clicking on the Register hypertext link located on eAdmin's home page. You will be required to agree to provide accurate and complete information about yourself (or your company), to maintain and update such information and to keep it accurate and complete at all times.

Users, Passwords & Security

The registration process requires that you choose a User Name and Password if registering for the first time or that you supply your existing User Name and Password to register an additional set of accounts.

You must also agree to specify a number of Users (within a range) to have Authorised Access to eAdmin. Once you have successfully registered your new Set of Accounts, you may provide Authorised Access to eAdmin by supplying a legitimate email address and assigning a User Profile to all users. eAdmin provides each User with a Password and notifies them via email.

As a User of eAdmin, you will be responsible for maintaining confidentiality of your password and account access. You are entirely responsible for all activities that occur within the limits of your Authorised Access.

You agree to use your best endeavours to safeguard your password and those of your Users granted Authorised Access in order to prevent unauthorised access to, copying of, or collection of your information. You agree to notify Casbah Resources Pty. Ltd. / Us immediately of any unauthorised use of your Account or any other breach of security.

You acknowledge that the Internet is an open system and Casbah Resources Pty. Ltd. cannot and does not warrant or guarantee that third parties or unauthorised users cannot intercept or access information or data from your Account. Casbah Resources Pty. Ltd. will not be liable for any loss or damage that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may not use anyone else's Account at any time, without the permission of the Client or account holder concerned.

Customer Communication

Casbah Resources Pty. Ltd. may need to contact You regarding the use of eAdmin via email, telephone or by post. This may be to inform You about system updates or other critical information as Casbah Resources Pty. Ltd. may wish to communicate to Users from time to time.

Other information such as eAdmin News or special offers will only be emailed to You providing You agree to receive these items as part of the registration process.

Your contact details will remain confidential - please refer to our Privacy Statement for further information.

Payment of Service Fees

You agree to pay all Service Fees Casbah Resources Pty. Ltd. charges you for the use of eAdmin once you have registered a new Set of Accounts. Extra fees may be charged for additional services provided by our staff as requested by You.

If payment is not made within sixty (60) days of the date of an invoice rendered to You, Casbah Resources Pty. Ltd. shall be entitled to immediately cease to provide services for the use of eAdmin to the User and You shall indemnify and keep indemnified Casbah Resources Pty. Ltd. from any loss and or damage suffered by Casbah Resources Pty. Ltd., you or any other party as a result of Casbah Resources Pty. Ltd. disabling your Authorised Access to eAdmin.

In the event that Casbah Resources Pty. Ltd. is required to collect overdue fees from you, you agree to pay all costs (including legal costs on a solicitor-own-client basis or late fees), if any, incurred by Casbah Resources Pty. Ltd. in collecting overdue fees.

Use of eAdmin

Completion of Statements, Forms and Reports required by ATO

According to Section 251(L) of the Commonwealth Government's Income Tax Assessment Act, BAS activity statements necessary must be lodged, filed or filed electronically under the direction of or by a Registered Taxation Practitioner. The use of eAdmin alone for the preparation of ATO statements, forms and reports such as BAS, IAS, PAYG does not guarantee their accuracy. You must refer your statements, forms or reports to a Registered Taxation Practitioner prior to their lodgement with ATO.

The submission of all statements, forms and reports required by ATO is entirely your responsibility. Casbah Resources Pty. Ltd. accepts no responsibility for:

1. information you enter into eAdmin or the Account for the administration of your business
2. errors or omissions resulting from incorrect or inadequate information supplied by You or any User or Owner
3. any financial loss or damage whatsoever resulting from information provided by You or any User or Owner or processed within eAdmin
4. The eAdmin Web Site contains information as a guide only and does not constitute legal, taxation, financial or investment advice and is not a substitute for or suitable to be relied on by You or any User or Owner as advice. You should obtain professional legal, financial and/or investment advice before lodging documents with ATO or otherwise relying on any information contained within the Web Site.

General

You may not upload files that contain viruses, Trojans, worms, time bombs, corrupted files or any other similar program/s that may damage the operation of eAdmin.

You must not use any spider, screen scraper, robot or other automated similar software or device (prohibited device) to use or access the site in any way whatsoever. Nor can you use any prohibited device or a similar process to copy, download or monitor the Content without prior written permission from Casbah Resources Pty. Ltd.

You may not publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.

You may not use any material or information including attachments, images or photographs in any manner that infringes any copyright, trade mark, patent, design, license or other proprietary right of any person.

You may not knowingly violate any applicable laws or regulations.

You may not create a false identity for the purpose of misleading others or use eAdmin for any purpose that is unlawful or in any manner that violates any right of Casbah Resources Pty. Ltd. or that is prohibited by these Terms and Conditions.

Limitations

Casbah Resources Pty. Ltd. may establish general practices and limitations that apply to the use of the service. You acknowledge that We reserve the right to change these general practices and limits at any time, at Our discretion.

Non-Transferable License

Casbah Resources Pty. Ltd. grants you a non-transferable, non-exclusive and terminable and revocable licence to use eAdmin under these Terms and Conditions, Copyright and Trademark Notice, Pricing Structure and the Privacy Statement. You are licensed for the number of users and employees specified when you registered a new Set of Accounts. During the normal operation of your business, You may alter the number of authorised Users and/or employees on the payroll. Casbah Resources Pty. Ltd. will automatically adjust your license for additional (or fewer) Users and/or employees when the next Service Fee is payable.

Upon any additions, modifications or improvements made to the eAdmin software by Casbah Resources Pty Ltd, the License hereby granted shall automatically transfer to the new software and these Terms and Conditions shall apply to the use by You and any User of the new eAdmin software.

The right to use eAdmin is subject to the payment of service fees and your agreement to these Terms and Conditions. This licence is valid until suspended or terminated by You or the User ceasing payment of service Fees.

Intellectual Property Rights

Title and ownership

You acknowledge that all title, ownership and all associated copyrights ("rights") in eAdmin such as source code, photographs, images, animations and content created by Us, remain the property of Casbah Resources Pty. Ltd. and/or Lesley McMillan Computing. These rights include, but are not limited to, patent, copyright, trade mark and design layouts and other information and intellectual property used to create the eAdmin software and the Web Site.

You may not copy, or allow a third party to copy, modify, enhance, create derivative works from, reverse engineer or reverse assemble, disassemble, or decompile the software, or any other action to allow its whole or partial re-use by You or by others.

Transferability

You may not distribute, transmit, display, publish, license or sell information from all or any part of the software. You may not rent, lease, lend, transfer assign or provide eAdmin services to third parties unless with express written permission of Casbah Resources Pty. Ltd. first obtained.

Ownership of Data

Title to and ownership of the data You enter into eAdmin remains your property. In the event You choose to terminate your eAdmin Account, You may export your data into a number of CSV files using eAdmin's "Processes" page.

Termination of Services

Casbah Resources Pty. Ltd. may suspend or terminate your access to eAdmin at any time after giving not less than thirty (30) days written notice, unless otherwise directed by legislation or court order, of the date upon which it is intended to disable the User's Authorised Access to the User's Set of Accounts if You provide any information that is not true, inaccurate, not current or incomplete, or if Casbah Resources Pty. Ltd. has reason to believe that information provided by You is not true, inaccurate, not current or incomplete.

Casbah Resources Pty. Ltd. will immediately terminate access to your account if You fail to pay any amount billed and payable pursuant to these Terms and Conditions within sixty (60) days of the date of the invoice.

You may terminate services provided by eAdmin by giving Us thirty (30) days written notice. Where termination occurs part way through the billing period, the Service Fee is non-refundable and the service is terminated by not renewing for the following period.

Web Site Disclaimer

Casbah Resources Pty. Ltd. will make every effort to ascertain and maintain the accuracy of information within the Web Site however You assume all risks concerning the content and accuracy of the data and information from within the Web Site or entered via the Web Site, created by, imported, provided by or relied upon by You in any way whatsoever. All content on the Web Site is provided "as is" and without warranties of any kind, either express or implied.

To the extent permissible by law, Casbah Resources Pty. Ltd. expressly disclaim all warranties of any kind including but not limited to:

• liability for inaccuracies, errors or omissions within the web site.
• that functions contained in eAdmin will be uninterrupted or error-free.
• that any defects will be corrected.
• the server which stores and transmits the web site to You is free of viruses or any other harmful components.
• the content in terms of correctness, accuracy, reliability, completeness, timeliness or otherwise.
• communication failures and unauthorised access.
• loss, damages or injury of any kind caused by any failure of performance.

Neither Casbah Resources Pty. Ltd. nor its directors, officers, agents, employees, contractors or associates shall be liable in any way for any loss or damage, howsoever arising (whether in negligence or otherwise) out of or in connection with the Account. Access by any User whether Authorised Access or not, the Service, the Content and/or any omissions from the Content, except where liability is made non-excludable by law.

eAdmin reserves the right to and will, from time to time, alter information in the Web Site which contains pricing, market information, and/or product specifications, and these product offerings may not be relevant to, or available in, your country.

Links to Other Websites

The Web Site may contain links to other third-party sites, that are not under the control or responsibility of Casbah Resources Pty. Ltd. Casbah Resources Pty. Ltd. is not responsible for the content on any linked web sites and access to third-party sites from this Web Site is entirely at your own risk.

The inclusion of any link does not imply that Casbah Resources Pty. Ltd. is endorsing or is accepting any responsibility for the content on those third-party sites - they are included only as a convenience.

Indemnities

You must indemnify and hold harmless Casbah Resources Pty. Ltd. and Casbah Resources Pty. Ltd. Personnel and keep them indemnified, against all loss, damage, actions, proceedings, liability and costs, expenses (including legal fees), claims or any indirect, incidental, special and/or consequential damages arising from:

1. any use or access of, or any inability to use or access the Web Site or any Content
2. any breach by You of the Terms and Conditions , Copyright and Trademark Notice, Pricing Structure and the Privacy Statement.
3. reliance by You or by any other person on any information obtained in connection with the Web Site or eAdmin services
4. your violation of State or Commonwealth laws or regulations
5. any third party's rights including but not limited to infringement of copyright, violation of any proprietary right and invasion of privacy rights

You acknowledge that Casbah Resources Pty. Ltd. has no control over Users and is not liable either for their opinions or their behaviour including any information and/or advice and any defamatory statements or offensive conduct.

These obligations survive termination of the Service.

Casbah Resources Pty. Ltd. will not accept liability for failures in providing services which are outside normal usage or which occur due to force majeure, matters outside our control or which are not reasonably foreseeable including an act of God, war, terrorism and civil disobedience.

Confidentiality

Casbah Resources Pty. Ltd. agrees to keep all your data and other information which You enter into eAdmin confidential. Casbah Resources Pty. Ltd. will not disclose your information (as above) to 3rd parties unless You consent or in other circumstances where such disclosure is required or authorised by law.

eAdmin and Kennedy Fox Pty Ltd Trademarks

Acceptance of these Terms and Conditions does not grant any rights to or in any trademarks, logos, or products and services contained within or in connection with eAdmin or Casbah Resources Pty. Ltd. without written approval.

Support Services

Support is available for eAdmin via Help pages, FAQ's, email and telephone support. eAdmin support is intended solely for the use and functionality of eAdmin. Support does not include technical, internet connectivity, computer hardware or other 3rd party software-related issues. Nor does Casbah Resources Pty. Ltd. offer advice on any accounting, financial, taxation, investment or legal matters. You acknowledge that any assistance provided by Casbah Resources Pty. Ltd. can only be construed as educational information that may or may not meet your requirements.

FAQ's and Help

eAdmin FAQ's and Help pages cover most situations that occur within the normal running of eAdmin. Help pages will be continually updated and improved based on client's enquiries and comments.

Emails

Email support is available at any time when using eAdmin. Casbah Resources Pty. Ltd. will endeavour to reply within 24 hours of receipt of your email.

Telephone

Telephone support is available free of charge for one month following your date of registration, regardless of the Support Plan you select. Support for the Blue Plan is available providing your service fees have been paid in full. Telephone calls for the Red Plan following the first month's free support, will be charged at a fixed rate per call.

Limitations

Availability and response times may be effected by telephone calls or email volumes, server maintenance or modifications to eAdmin. Casbah Resources Pty. Ltd. will make every effort to respond to your enquiries in a timely manner. Casbah Resources Pty. Ltd. reserves the right to limit an email or telephone support enquiry to thirty (30) minutes.

Casbah Resources Pty. Ltd. will monitor and log enquiries for training purposes and also to keep statistics regarding customer usage and call topics. Casbah Resources Pty. Ltd. may terminate the support service if we deem client use of the service to be abusive, unethical, fraudulent or for enquiries that become repetitive or where reasonable care is not taken to use the Help system.

Should you wish to upgrade your support plan, please email us your request.