AxIT Outright Customer Agreement

Customer Agreement

1. Background

• SBN Technology Pty Ltd ACN 624 009 598 (Supplier, we, us, our) provides education, technology and other services designed to assist fitness professionals.
• {{CustomerName}} (Customer, you, your) wishes to engage us to provide the services and deliverables set out in this Customer Agreement.
• We agree to provide the services and deliverables on the terms of this Customer Agreement and the AxIT Service Terms and Conditions.
• Both parties have recorded the terms of their agreement as set out below.

2. Agreement

• By signing this agreement, you’ll be entering into a service agreement with us made up of this Customer Agreement (including the Customer Terms below) and the AxIT Service Terms and Conditions (Service Terms), available here as amended from time to time.
• To the extent of any inconsistency between this Customer Agreement and the Service Terms, this Customer Agreement will prevail.
• This Agreement is governed by and is to be construed in accordance with the laws applicable in the State of Victoria, Australia. The parties submit all matters arising out of or in connection with this Agreement to the State of Victoria, Australia.

3. Date of Agreement: 

The date of the agreement starts upon signing up on this website.

4. Parties: 

SBN Technology Pty Ltd ACN 624 009 598  - 4/158 Chesterville Rd, Cheltenham, Vic, 3192 and <CUSTOMER NAME> as provided upon signing up via this website.

5. Initial Term: 

The term will commence on the date the Equipment is delivered and will continue for 24 months.

6. Further Term: 

After the Initial Term, the Agreement will automatically renew and continue on a month-to-month basis until it is terminated by either party, providing 60 days’ notice in accordance with clause 2 of the Service Terms.

7. Services: 

We agree to provide one Standard AxIT System package, which includes:

• 2x AxIT 500kg Stomp-It;
• 1x AxIT 75kg Push-It;
• 1x AxIT 150kg Pull-It;
• 1x Tablet; and
• Charging equipment (1x multi-charger; 2x USB cables). 

(collectively, Equipment). All Equipment is provided with a 24-month repair or replace warranty, whereby we will determine the appropriate remedy. For any damage deemed by us, in our sole discretion, to be outside of ordinary use of the Equipment, we may charge a repair or replacement fee, loan equipment fee and/or shipping charges.

8. Equipment Ownership:

The Equipment becomes the property of the Customer upon receipt of full payment of the upfront fee by the Customer. 

9. Software: 

Included in the Equipment is a Tablet which will have the AxIT Assessment Software (Software) installed on it when it is delivered. The Customer warrants that it will use the Software in accordance with this clause 9.

9.1. Software license (for the term of the Agreement):

In accordance with this Agreement, you are provided with a license to use the Software (pre-installed on the provided Tablet) for the duration of the Initial Term and any Further Term, as provided for in clause 4 of the Service Terms and subject to the license terms agreed between you and us or any other licensor of that software. For the avoidance of doubt, the Software cannot be used on any other tablet or hardware device, other than the provided Tablet.

9.2. Software updates (for the term of the Agreement):

We will provide Updates throughout the Term to the Software in accordance with clause 4.4 of the Service Terms, and the Supplier’s update program, as advised to you. Where we have determined an Update is a Major Update, an additional fee may apply.

10. Fees:

An upfront payment of $20,000 (excluding GST), is payable on the Agreement Commencement Date. We may elect not to deliver the Equipment until this amount has been received in full. When utilising our finance partners for financing the fees, there may be additional fees and interest payable directly to the financing company for their services. 

11. Payment method: 

All payments are to be made using our online payment portal at www.strengthbynumbers.com, via our finance partners or in accordance with the payment terms and method stipulated on any invoice issued by SBN Technology Pty Ltd.

12. Installation and Training Services

Upon delivery of the Equipment, you will be given access to the online AxIT Training Portal. In addition to this, we will provide an introductory onboarding service to teach you and your team how to use the Equipment and the Software.

Throughout the duration of the Agreement Term, you will also have access to the SBN online community (AxIT Allies) and the AxIT training and promo portals, as updated from time to time and available at www.strengthbynumbers.com/login.

13. Support and Maintenance Services

We will provide the following support and maintenance services throughout the duration of the Agreement Term:

1. Access to the AxIT Allies Community for Frequently Asked Questions;
2. The AxIT Help Centre at strengthbynumbers.com/products/axit-help-centre; and 
3. online support via email.

14. Specifications: 

AxIT Stomp-IT: 200Hz measurement rate, 2000mAh lithium battery capacity (charged via micro-USB), 450Kg maximum load, communication via Bluetooth 4.2. 

AxIT Push-IT: 200Hz measurement rate, 800mAh lithium battery capacity (charged via micro-USB), 75Kg maximum load, communication via Bluetooth 4.2. 

AxIT Pull-IT: 200Hz measurement rate, 800mAh lithium battery capacity (charged via micro-USB), 150Kg maximum load, communication via Bluetooth 4.2. 

Samsung Tab A WiFi Tablet

15. Customer Material: 

You must provide us with the following information, documents and/or materials on or before the Agreement Commencement Date:

Registered Business Name, ABN, Registered Address, email, phone number and responsible authorised person.

16. Insurance Policies

1. Public Liability Insurance in the amount of $20,000,000; and
2. Professional Indemnity Insurance in the amount of $1,000,000

17. Liability Cap Amount: 

1. The amount equal to the Fees paid for the Services from which the liability arose in the 24 months prior to the liability arising; or
2. In the event that the liability arose prior to the 24-month term having been reached, the annual Fees which are reasonably expected to be paid under this Agreement for the Services from which the liability arose.

18. Website: www.strengthbynumbers.com 

We agree to perform the Services and you agree to pay the Fees, and the parties agree to accept certain other rights and obligations on the Strength By Numbers Service Terms and Conditions available here and forming part of this Agreement upon selecting the agree to terms and conditions tick box on the sign-up page.