Terms of Service
Effective Date: 23/03/2026
1. About these Terms
These SaaS Terms of Service (“Terms”) govern the access and use of software platforms and hosted services provided by IONYX Pty Ltd (ABN 22 605 061 327) and its controlled entities (“IONYX”, “we”, “us”, or “our”).
These Terms apply to all users, customers, and organisations that access or use our Software-as-a-Service platforms (“Services”).
By accessing or using the Services, you agree to be bound by these Terms.
2. Scope of Services
IONYX provides subscription-based SaaS platforms, including but not limited to:
- Local Suppliers Portal (LSP)
- Cost Tracker
- Other hosted digital systems developed and operated by IONYX
Services may include:
- Web-based platform access
- Hosting and infrastructure management
- Maintenance and updates
- Technical support (as agreed)
Services are provided remotely via secure hosting environments.
3. Additional Services
IONYX may introduce new features, modules, or additional SaaS products from time to time. Unless expressly agreed otherwise in writing, such services will be governed by these Terms.
4. Eligibility
You warrant that:
- You are authorised to enter into a binding agreement.
- You are at least 18 years of age.
- If entering on behalf of an organisation, you are authorised to bind that organisation.
5. Account Registration and Security
You are responsible for:
- Maintaining accurate account information
- Protecting login credentials
- All activities conducted under your account
You must notify IONYX immediately of any unauthorised access or security breach.
IONYX reserves the right to suspend accounts where security risks are identified.
6. Subscriptions and Fees
6.1. Subscription Model
Services are provided on a recurring subscription basis as set out in the applicable Quote, Invoice, or Subscription issued by IONYX.
Subscriptions may be billed monthly or annually, as agreed in writing.
6.2. Automatic Renewal
Subscriptions renew automatically at the end of each billing cycle unless cancelled prior to renewal.
6.3. Fee Changes
IONYX may adjust fees with reasonable prior notice. Updated fees apply at the next billing cycle.
6.4. Late Payments
Failure to pay fees may result in:
- Suspension of access
- Restricted functionality
- Termination if unpaid after reasonable notice
6.5. Trial Access
IONYX may, at its discretion, provide trial or evaluation access to the Services.
Trial access may be limited in functionality or duration and may be withdrawn at any time.
Unless otherwise agreed in writing, trial access does not create any ongoing service obligation.
7. Acceptable Use
You must not use the Services to:
- Violate any applicable law
- Infringe intellectual property rights
- Transmit malicious code or harmful content
- Attempt unauthorised system access
- Distribute spam or unsolicited communications
- Host unlawful, defamatory, or discriminatory content
IONYX may suspend access where misuse is identified.
8. Customer Data
8.1. Ownership
You retain ownership of all data uploaded or entered into the Services (“Customer Data”).
8.2. Licence to Operate the Service
You grant IONYX a limited licence to host, process, and store Customer Data solely for the purpose of providing the Services.
8.3. Responsibility
You are responsible for:
- The legality and accuracy of Customer Data
- Ensuring appropriate user permissions within your organisation
- Entering, uploading, and maintaining the accuracy of all data within the platform
IONYX is responsible for platform configuration and system setup but does not verify the accuracy of Customer Data.
9. Data Security
IONYX implements technical and organisational safeguards aligned with industry standards, including:
- Role-based access controls
- Encryption in transit
- Secure hosting environments
- Multi-factor authentication (where applicable)
However, no system can guarantee absolute security.
Customers are responsible for:
- Managing internal user access
- Maintaining endpoint security
- Backing up exported data where required
10. Data Backup and Recovery
IONYX implements backup and recovery processes within its hosting environment in accordance with its operational practices.
However, Customers are responsible for maintaining their own records and exporting data where required.
IONYX does not guarantee that data loss will never occur.
11. Intellectual Property
All intellectual property in the SaaS platform, including:
- Source code
- System architecture
- Interface design
- Branding
Remains the exclusive property of IONYX or its licensors.
Customers are granted a non-exclusive, non-transferable licence to use the Services during the subscription term.
12. Service Availability
IONYX aims to maintain reliable service availability but does not guarantee uninterrupted or error-free operation.
Planned maintenance may occur from time to time with reasonable notice where practicable.
IONYX is not responsible for outages caused by:
- Third-party hosting providers
- Internet service providers
- Force majeure events
- Customer system failures
13. Service Level Agreement
IONYX will provide support services in accordance with Appendix A – Service Level Agreement (SLA).
The Service Level Agreement sets out target response times and support hours. The Service Level Agreement does not constitute a guarantee of uninterrupted or error-free service.
14. Term and Termination
14.1. Term
These Terms remain in effect while you maintain an active subscription.
14.2. Termination by Customer
You may cancel your subscription in accordance with your agreed billing cycle.
14.3. Termination by IONYX
IONYX may suspend or terminate access if:
- You breach these Terms
- Fees remain unpaid
- Use presents security or legal risk
Upon termination, access to the Services will cease.
15. Limitation of Liability
To the extent permitted by law:
- IONYX is not liable for indirect, incidental, special, or consequential damages.
- Total liability is limited to the fees paid in the 12 months preceding the claim.
Nothing in these Terms excludes liability that cannot be excluded under Australian law.
16. Indemnity
You agree to indemnify IONYX against claims arising from:
- Your misuse of the Services
- Your breach of these Terms
- Your unlawful or infringing Customer Data
17. Force Majeure
IONYX is not liable for any delay or failure to perform its obligations under these Terms where such delay or failure results from events beyond its reasonable control, including but not limited to natural disasters, government actions, internet outages, cloud infrastructure failures, cyber incidents, labour disputes, or third-party service disruptions.
Where a Force Majeure event occurs, IONYX will use reasonable efforts to resume performance as soon as practicable.
18. Governing Law
These Terms are governed by the laws of Queensland, Australia.
The parties submit to the non-exclusive jurisdiction of Queensland courts.
19. Changes to Terms
IONYX may update these Terms from time to time.
Material changes will be communicated with reasonable notice.
Continued use of the Services constitutes acceptance of updated Terms.
20. Contact
For enquiries:
Email:
Address: Level 6/200 Adelaide St, Brisbane City QLD 4000
Appendix A – Service Level Agreement (SLA)
This Service Level Agreement (SLA) sets out IONYX’s general support response and resolution targets for issues relating to the Services.
Ticket priority is determined by IONYX acting reasonably, considering the severity, impact and urgency of the reported issue.
Response and resolution times set out below are targets only and do not constitute guaranteed service levels or warranties.
1. Priority Levels and Target Timeframes
| Ticket Priority | First Response | Resolution |
| P1 – Critical | 1 hour | 4 hours |
| P2 – High | 2 hours | 8 hours |
| P3 – Medium | 24 hours | 72 hours |
| P4 – Low | 48 hours | 96 hours |
2. Support Hours
Standard support hours are 9:00 a.m. to 5:00 p.m. AEST, Monday to Friday (excluding Queensland public holidays).
Requests received outside of support hours will be deemed received at the commencement of the next Business Day.
3. Scope of SLA
This SLA applies solely to IONYX’s customer support services in relation to the Services.
This SLA does not apply to:
- Third-party systems or integrations
- Infrastructure or services outside IONYX’s direct control
- Issues caused by customer configuration, misuse or unauthorised modifications
Any third-party services are subject to the applicable third party’s terms and service levels.
4. Service Levels and Variations
This SLA forms part of the Terms and may be updated in accordance with the Changes to Terms clause. Any material change will not reduce service levels during an active subscription term without notice.
Specific service levels may vary where expressly agreed in a separate written agreement.