ESdat Online Terms and Conditions: (1 Jan 2024)

1. Applicability:

2. Grant:

    Payment of fees for the usage of ESdat Online grants the purchasing Organisation (the Licensee) the right to :

  • use ESdat Online in accordance with the fees paid in respect to an authorised Price List or Quote and in accordance with these Terms
  • expect the system will perform as described in any authorised marketing material produced by EarthScience Information Systems Pty Ltd
  • expect a 24 hour, 7 days a week service uptime of 99.0%.
3. Software Ownership:
  • No title to the intellectual property in ESdat Online is transferred as a result of payment of fees for usage of ESdat Online. Title and full ownership rights to ESdat Online will remain the exclusive property of EarthScience Information Systems and the Licensee will not acquire any rights to ESdat Online except as expressly set forth in these Terms and Conditions.
4. Logins:
  • All logins are for "Named Users". A Named User is one person. Multiple people using a single login is not permitted.
  • Named Users can be transferred to another user if the former user no longer requires access to the Software.
  • Users are required to only use their own ESdat login to retrieve data from ESdat, whether through the web interface or other software that is retrieving live data from ESdat via an API, OData or other connection. An API subscription is available if a generic connection is needed to retrieve live data for use by non-ESdat users.
5. Per Operation/Site usage for Site Owners/Managers:
  • The ESdat Annual Subscription pricing for Site Managers is for one Operation/Site or the number indicated on the Subscription (does not apply to independent environmental consultants subscriptions)
  • A Site is considered a single Operation at a single Address
  • Additional Sites/Operations may be added to the Licensee's account. Additional fees apply.
6. Limitation of Liability:

    Whilst all care has been taken with the provision of ESdat Online, neither EScIS nor its suppliers or other related entities are able to accept financial or other liability incurred by the Licensee, users or organisations as a result of using or storing data in ESdat Online. This may include, but is not limited to the following:

  • Service unavailability caused by circumstances beyond EScIS's reasonable control, including, for example, an act of God, act of government, flood, fire, earthquake, civil unrest, act of terror, Internet service provider failure or delay, or denial of service attack
  • Accuracy of the data received into, or provided by ESdat Online. ESdat Online presents the data as provided to ESdat Online by laboratories. It is the responsibility of the laboratory or end user to confirm the accuracy and completeness of the data uploaded to ESdat Online.
  • Flagging or other indication of exceedances of Environmental Standards (Guidelines), that are not in actuality, Exceedances; nor the failure to Flag or Indicate Exceedances in any dataset. It is the responsibility of the end user to confirm the accuracy and completeness of comparisons with Environmental Standards (Guidelines) as applied against the data they are reporting.
  • Laboratories being unable to upload into ESdat Online. Compatibility of a specific laboratory should be checked with the laboratory.
  • Defects or Bugs. It is not guaranteed that the software is completely free of defects or bugs. If any issue is identified in the software, EScIS will undertake to correct it as soon as practically possible.
  • Security Breach: Unauthorised access to data, such as via obtaining a users password.
  • Consequential, special, incidental or indirect damages of any kind.

    • In no event will liability by EarthScience Information Systems Pty Ltd for any claim, whether in contract, tort or any other theory of liability, exceed the fee paid for usage of ESdat Online. Where the Licensee believes circumstances warrant a refund (partial or in whole) the Dispute Resolution Process (Below) should be followed.

7. Data Ownership:
  • All data stored in ESdat Online is considered to be owned by the Licensee associated with the data.
  • The Licensee shall not upload data it does not own or have permissions to posses.
  • Users can continue to maintain copies of the data outside of ESdat Online.
  • Users can export data from ESdat online using the functionality provided, or exports in other formats can be provided by support, for a fee.
8. Data Access and Confidentiality:
  • Data loaded into ESdat Online is confidential to the Licensee
  • Data loaded into ESdat Online will not be provided to third parties unless as required by Law
  • The Licensee will be responsible for managing users and permissions to access data within the Licensee's account.
  • ESdat Online support staff may need to view data in ESdat Online for the purpose of providing support services to users or addressing unit conversion or other data issues.
  • Data stored in ESdat Online will only be stored in ESdat Online so long as access or archive fees are maintained.
9. Data Limitation

Standard ESdat Online is intended for small to medium usage levels. Licences whose usage requires any of the following will need to upgrade to a higher teir.

  • Enterprise API Access
  • Storage of > 5 Million Chemistry Result records (includes Chemistry QA results)
10. Backups:
  • ESdat Online is backed up daily using a Microsoft Azure Cloud Backup.
  • In the unlikely case of an exceptional event (Act of God or Force Majeure) and data is lost, EScIS will take all reasonable steps to recover data, but cannot be held liable for consequent losses.
  • Backups are of the entire system and cannot be used to reverse user edits or deletions. If data needs to be recovered through user edits or deletions additional fees will apply.
11. Payment:
  • Usage of ESdat Online is based on advance payment of Usage Fees.
  • Credit in ESdat Online cannot be refunded.
  • Usage Fees are invoiced to a single entity; invoices cannot be split.
  • Processing of Purchase Orders is not provided for Basic ESdat Online Subscriptions. Processing of Purchase Orders require an Enterprise Subscription.
  • Invoices for the renewal of Annual Subscriptions will be automatically emailed to your nominated Accounts email for payment by EFT, for a self-service renewal. Assistance with bespoke renewal requirements (such as completion of portals or similar) require an Enterprise Subscription.
12. Fit for Purpose:
  • The system is provided "as is" and the user must determine it's suitability for any particular purpose.
13. Support:
  • A User Forum, Videos and online manuals are available for all users to use to seek clarification about the software.
  • An ESdat Helpdesk is available to Licensees with an Annual Subscription.
    • The ESdat Helpdesk is the mechanism for the Licensees Power Users to report any Incidents or resolve any problems related to the Software.
    • Usage of ESdat requires the Licensee to maintain staff (Power Users) who are trained or skilled in the basic operation of the software, who will be able to engage with Support, if required, for the resolution of incidents raised by the Licensee’s staff
    • The Licensee shall nominate a Primary Power User, as well as Backup Power Users. The Primary Power User will be the normal contact point with the HelpDesk. Backup Power Users may also contact the HelpDesk if the Primary Power User is not contactable.
    • Helpdesk Response Times are:
      • Target: 2 hours
      • Upper Target: 8 hours
    • The above Helpdesk Response Target Times represent targets, not contractual deadlines and are measured in Business Hours where the Licencee is based.
    • A Helpdesk request consists of receipt, sent by a Licensee Power User to support@escis.com.au and fully describing the issue/question and including screenshots where appropriate. Phone support may be additional to receipt of a ticket.
    • Helpdesk Support does also not include provision of Power User services for the Licensee (unless support is specifically engaged to perform these services). Power User Services include: Management of Users or Permissions; Site specific Environmental Standards; configuration of preferences; any other function that can be performed by Power Users from within the software.
    • If the Licensee is not satisfied with the resolution of Helpdesk request the Licensee can request a Review to be performed by EScIS.
14. Laboratory Integration:
  • Integration with participating commercial laboratories in the same jurisdiction as the ESdat Online instance is included with your ESdat Online subscription.
  • Laboratory Reports issued by laboratories should be loaded individually. Historical or consolidated data is to be loaded via the Data Migration Manager.
  • Integration with other laboratories is not included in standard pricing, contact Support for options.
15. Logger Data Integration:
  • Logger Data Integration requires a seperate subscription "LoggerSync"
  • Logger Data is only supported if provided the csv format that most logger data providers use.
  • If Logger Data needs to be imported in a format is not supported by the software an additional fee will apply.
  • LoggerSync is limited to storage of up to 10 Million Logger Data records unless otherwise indicated in the Purchase Documentation.
  • LoggerSync is limited to a maximum of 1 reading every 10 minutes per device unless otherwise indicated in the Purchase Documentation.
16. Dispute Resolution:
  • Any dispute will initially be addressed via consultation and negotiation in good faith and a spirit of mutual cooperation.
  • Governing Law: Usage of the software and any related disputes will be governed by the laws of the jurisdiction indicated below. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.
    • USA: This license will be governed by the laws of the State of Delaware, USA.
    • Canada: This license will be governed by the laws of the Province of British Columbia, Canada.
    • For all other Locations: This license will be governed by the laws of the State of NSW, Australia.
17. Modifications:
  • We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account). By continuing to use or access ESdat Online after the revisions come into effect, you agree to be bound by the revised Terms.
18. Security Assessments
  • ESdat Online has been subject to a suite of security tests, including Penetration Tests, Denial of Service tests and others.
  • Azure Security Best Practices has been implemented for ESdat Online.
  • If the Licensees IT staff require completion of their own specified security assessments additional fees will apply to cover time and expenses.
  • Should it be determined ESdat Online is the target of a security threat it will be temporarily taken offline. The duration of the security threat is not included in system uptime calculations.
  • The Licensee will be contacted and kept informed in the case a security threat is identified.
19. Other Modules

These additional products are separate subscriptions and are not included in the standard subscription

  • ESdat Field App or PLog.
  • ESdat Field Management.
  • DataSync
  • LoggerSync.
  • Any other additional products added to the system that require a seperate subscription.
20. Communications

In signing up to ESdat all users will be included in communication lists, which will include content related to software updates, newsletters and similar content that is relevant to their usage of ESdat. On receiving the first communication users will be able to choose to opt out as desired.

21. Entire Agreement:
  • In conjunction with approved price lists and/or quotes provided by EScIS or a reseller these Terms form the entire agreement for usage of ESdat Online.