Terms of Service

Terms of Service

Last Updated: 24 September 2025

These Terms of Service ("Terms") govern your use of Chargetree's payment automation platform and services ("Services") provided by Chargetree Pty Ltd ("Chargetree", "we", "us", or "our"). By accessing or using our Services, you agree to be bound by these Terms.

1. Service Description

Chargetree provides an automated accounts receivable platform that helps Australian small businesses manage their payment collection process. Our Services include:

  • Automated payment reminders and follow-up

  • Integration with Xero accounting software and Stripe payment processing

  • Partial payment collection and management

  • Automated payment reconciliation

  • Branded customer payment portals

  • Real-time payment tracking and reporting

2. Eligibility and Account Registration

2.1 Eligibility You must be at least 18 years old and have the legal capacity to enter into these Terms. If you are registering on behalf of a business, you represent that you have the authority to bind that entity to these Terms.

2.2 Account Information You agree to provide accurate, current, and complete information during registration and to update such information as necessary to maintain its accuracy.

2.3 Account Security You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3. Use of Services

3.1 Permitted Use You may use our Services only for legitimate business purposes and in accordance with these Terms and applicable laws.

3.2 Prohibited Activities You agree not to use our Services for any activities prohibited by Stripe's Prohibited and Restricted Businesses list (available at https://stripe.com/legal/prohibited-businesses), including but not limited to:

  • Any illegal products or services

  • Adult content and services

  • Gambling and gaming

  • High-risk financial services

  • Counterfeit or unauthorised goods

  • Multi-level marketing

  • Cryptocurrency services (where restricted)

Additional Chargetree Restrictions:

  • Circumventing or attempting to bypass our security measures

  • Interfering with or disrupting our Services or servers

  • Using our Services to send spam or unsolicited communications

  • Violating any applicable laws, regulations, or third-party rights

  • Creating multiple accounts to avoid suspension or fees

The complete list of prohibited activities is referenced from Stripe's current prohibited businesses policy, which may be updated from time to time.

4. Payment Terms and Pricing

4.1 Subscription Fees Our Services are provided on a subscription basis with pricing tiers based on transaction volume as outlined on our pricing page. All fees are in Australian dollars and exclude GST unless otherwise stated.

4.2 Trial Period New customers receive a 30-day trial period, after which subscription fees will apply automatically unless you cancel your subscription.

4.3 Payment Processing Chargetree does not process, hold, or handle customer payments directly. We provide integration functionality that connects your Stripe account to automate payment collection through your existing payment infrastructure. All payment processing, dispute resolution, chargebacks, and payment-related issues are handled directly between you and Stripe according to Stripe's Terms of Service. Chargetree is not responsible for any payment processing failures, disputes, or issues arising from Stripe's services. You acknowledge and assume all risks associated with data transfers between Chargetree and third-party payment processors.

4.4 Refund Policy Subscription fees are non-refundable except as required by Australian Consumer Law. We may, at our discretion, provide pro-rated refunds in exceptional circumstances.

4.5 Cancellation and Subscription Management

How to Cancel

  • Email cancellation requests to support@chargetree.co

Cancellation Timing

  • Cancellations take effect at the end of your current billing period

  • No partial refunds for unused subscription time

  • Full access maintained until subscription period ends

  • No cancellation fees

Data Retention After Cancellation

  • Account data retained for 90 days after cancellation

  • Reactivation available during this period with full data restoration

  • Automatic data deletion after 90-day retention period

  • Export your data anytime before deletion

Confirmation Process

  • Email confirmation sent within reasonable time of cancellation request

  • Confirmation includes final billing date and data retention timeline

  • Contact support@chargetree.co if confirmation not received

Reactivation

  • Reactivate cancelled accounts anytime during 90-day retention period

  • Same subscription terms apply unless you choose a different plan

  • No setup fees for reactivation

Annual Subscription Cancellation

  • Annual subscriptions can be cancelled anytime

  • No refund for unused annual subscription time

  • Service continues until annual term expires

  • Convert to monthly billing available (price difference applies)

5. Service Availability

5.1 Service Provision We will use commercially reasonable endeavours to make our Services available to you, targeting 99% monthly uptime. We will respond to critical issues within 48 hours and general inquiries within 5 business days during business hours (9 AM - 5 PM AEST, Monday - Friday).

5.2 Maintenance and Changes We may perform planned maintenance with 24 hours advance notice where practicable. Emergency maintenance may be performed without advance notice. We may change, suspend, or disable access to Service features with reasonable notice.

5.3 Response Times We will respond to support requests within reasonable timeframes, but do not guarantee specific response times.

5.4 No Service Credits We do not provide service credits, refunds, or other compensation for service interruptions, downtime, or performance issues.

6. Account Suspension and Termination

6.1 Termination for Convenience Either party may terminate this agreement at any time by providing 30 days' written notice to the other party.

6.2 Termination for Cause We may suspend or terminate your account immediately without notice for material breaches of these Terms, including but not limited to:

  • Non-payment of subscription fees after 14 days written notice

  • Violation of prohibited activities under Section 3.2

  • Fraudulent or illegal activities

  • Activities that pose a security risk to our Services or other users

  • Repeated violations of these Terms after warnings

6.3 Termination Process for Non-Material Breaches For breaches that are not material or immediately harmful, we will:

  • Provide written notice of the breach

  • Allow 14 days to remedy the breach

  • Terminate only if the breach remains uncured after the notice period

6.4 Termination by You You may terminate your subscription at any time using the cancellation process outlined in Section 4.5.

6.5 Effect of Termination Upon termination, your access to the Services will cease, and you remain liable for any unpaid fees. We will provide access to export your data for 90 days as outlined in our cancellation policy.

7. Third-Party Integrations

7.1 Xero Integration Our Services integrate with Xero accounting software. You must have a valid Xero subscription and agree to Xero's terms of service to use this integration.

7.2 Stripe Integration Payment processing requires a valid Stripe account. You agree to comply with Stripe's terms of service and acknowledge that Stripe's fees apply separately to payment transactions.

7.3 Third-Party Responsibility We are not responsible for the availability, functionality, or terms of third-party services. You assume all risks associated with third-party integrations, including data transfer risks, service failures, and any resulting losses. Any disputes with third-party providers must be resolved directly with them.

8. Data and Privacy

8.1 Data Collection We collect and process your data in accordance with our Privacy Policy, which forms part of these Terms.

8.2 Customer Data You grant us permission to access and process your customer data solely to provide our Services. We will not use your customer data for any other purpose without your consent.

8.3 Data Security While we implement reasonable security measures to protect your data, no system can guarantee absolute security. You acknowledge and assume all risks associated with data storage, transmission, and processing, including the risk of data loss, breach, or unauthorised access.

8.4 Data Transfer Risks You acknowledge and assume all risks associated with data transfers between Chargetree, Xero, Stripe, and any other third-party services, including risks of data loss, corruption, or unauthorised access during transmission.

9. Intellectual Property

9.1 Chargetree IP All intellectual property rights in our Services, including software, content, and trademarks, remain our exclusive property.

9.2 Limited Licence We grant you a limited, non-exclusive, non-transferable licence to use our Services during your subscription term, subject to these Terms.

9.3 User Content You retain ownership of any content you provide through our Services but grant us a licence to use such content solely to provide our Services.

10. Warranties and Disclaimers

10.1 Disclaimer of Warranties TO THE FULLEST EXTENT PERMITTED BY LAW, WE PROVIDE OUR SERVICES ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. SUBJECT TO THE AUSTRALIAN CONSUMER LAW AND OTHER APPLICABLE LAWS THAT CANNOT BE EXCLUDED, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE (TO THE EXTENT THEY CAN BE EXCLUDED)

  • WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR AVAILABILITY OF THE SERVICES

  • WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE

  • WARRANTIES REGARDING DATA INTEGRITY, BACKUP, OR RECOVERY

10.2 Consumer Rights If you are a consumer under the Australian Consumer Law:

  • We cannot exclude certain consumer guarantees that apply to our Services

  • If we breach a consumer guarantee, your remedies may include compensation, repair, replacement, or refund

  • Our liability for breach of a consumer guarantee is limited to the extent permitted by the Australian Consumer Law

10.3 Business Customers If you are acquiring our Services for business purposes, we exclude all conditions and warranties that may be implied by law, to the fullest extent permitted.

10.4 No Guarantees Subject to your rights under Australian Consumer Law, we make no representations or warranties regarding:

  • The performance, reliability, or availability of our Services

  • The accuracy or completeness of any data processed through our Services

  • The compatibility of our Services with your systems or third-party services

  • The results you may achieve through use of our Services

11. Limitation of Liability

11.1 Exclusions To the extent permitted by law, we exclude all warranties and conditions except those that cannot be excluded under Australian Consumer Law.

11.2 Liability Limits Our total liability to you for any claims arising from these Terms or your use of our Services is limited to the fees you have paid us in the 6 months preceding the claim.

11.3 Consequential Damages We are not liable for any indirect, incidental, consequential, or special damages, including lost profits, data loss, business interruption, or any other commercial damages or losses.

11.4 Service Interruptions We shall not be liable for any losses arising from service interruptions, downtime, maintenance, system failures, or any unavailability of our Services.

12. Indemnification

You agree to indemnify, defend, and hold harmless Chargetree, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or relating to:

  • Your breach of these Terms

  • Your violation of any laws or third-party rights

  • Your misuse of our Services or use in violation of these Terms

  • Content or data you provide through our Services that infringes third-party rights

  • Your negligent acts or omissions in connection with the Services

Exclusions from Indemnification: This indemnification obligation does not apply to claims arising from:

  • Our gross negligence or wilful misconduct

  • Our breach of these Terms

  • Defects in our Services not caused by your actions

  • Our violation of applicable laws

This indemnification obligation will survive termination of these Terms.

13. Dispute Resolution

13.1 Governing Law These Terms are governed by the laws of Australia and the state or territory where our principal place of business is located.

13.2 Jurisdiction Any disputes will be subject to the exclusive jurisdiction of the courts of Australia.

13.3 Alternative Dispute Resolution Before initiating court proceedings, we encourage you to contact us directly to resolve any disputes. We may also suggest mediation through a recognised Australian mediation service.

14. General Provisions

14.1 Entire Agreement These Terms, together with our Privacy Policy, constitute the entire agreement between you and Chargetree regarding our Services.

14.2 Amendments We may update these Terms from time to time without prior notice. Your continued use of our Services after any changes constitutes acceptance of the updated Terms.

14.3 Severability If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

14.4 Assignment You may not assign these Terms without our written consent. We may assign these Terms without restriction.

14.5 Force Majeure We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control.

15. Contact Information

If you have questions about these Terms, please contact us at:

Chargetree Pty Ltd

support@chargetree.co

chargetree.co

16. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer guarantees, warranties, or other rights that you may have under the Australian Consumer Law or other applicable laws that cannot be excluded, restricted, or modified by agreement.

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