Please read the following Flow Monitor license agreement terms and conditions carefully before downloading or using the Sqonk software and services. These terms and conditions constitute a legal agreement between you and Sqonk.
Last Updated: 13/03/2019
If you access or use our Flow Monitor software, it means you agree to be bound by all of the terms below. It is important that you read all of the terms prior to using the service. If you do not or cannot accept this agreement then you are not permitted to use the service. If a term does not make sense to you, please .
Sqonk Pty Ltd reserves the right to revise its policies and terms of service at any time without notice. This may be due, but not limited to, changes to laws, features we offer or other mitigating circumstances that require a change to the way we operate.
Whenever we make changes to these Terms, the changes are effective immediately after we post such revised Terms (indicated by revising the date at the top of these Terms) or upon your acceptance if we provide a mechanism for your immediate acceptance of the revised Terms (such as a click-through confirmation or acceptance button). It is your responsibility to check this document for changes to these Terms.
If you continue to use the Flow Monitor after the revised Terms go into effect, then you have accepted the changes to these Terms.
This Flow Monitor license agreement terms and conditions attempts to balance your rights (as a consumer) while limiting the scope of liability upon the operator (Sqonk Pty Ltd) that may arise from intentional or unintentional missuse of the provided service and services. As a small operator this is essential for both allowing us to operate and to provide these services at the price we do.
It attempts to do this by outlining what you can reasonably expect to receive as part of the service, our behaviour as a supplier and our expectations upon you as a subsriber to the service.
- Flow Monitor is specifically designed as a waste water monitoring service that both collects data, either via manual upload by a person or via live link to a PLC (Programmable Logic Controller). The information collected by the system is then used to provide data analysis and representation to the account holder, or agents of the account holder, to identify and isolate non-compliance through a web interface or PDF report generation. If the account permits, it may also live-detect such situations and emit warnings to authorised personel when required.
- Flow Monitor is not a critical emergency system. That is, while it is intended to monitor compliance of registered sites, it is not intended to be relied upon in such situations that may govern the direct threats to individual safety or lives.
- Flow Monitor and other related services provided by Sqonk may only be used for lawful purposes. As a customer you agree to indemnify and hold harmless Sqonk Pty Ltd from any claims from the use or misuse of our services.
- You also agree to use the service strictly for the purpose it was intended. You may not at any time attempt to gain unauthorised access to any other account or misuse or 'trick' the system into revealing any information outside of your own account. This includes any behaviour or actions that will or might compromise the service or the servers it runs upon.
- Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please with the information required.
Accounts found to be infringing these conditions may be terminated or suspended without refund.
- When you create an account, or request that we open one for you, or use another service to log in to the service, you agree to maintain the security of your password and accept all risks of unauthorized access to any data or other information you provide to the Service.
- You also accept full liability and reponsibility for all personel and authorised agents who have access to your account and information they are allowed to enter or modify.
- If you discover or suspect any service security breaches, please let us know as soon as possible.
- Flow Monitor allows you to submit, edit and delete data relevant to your business. You are responsible for the content that you make available to the service, including its legality, reliability, and appropriateness.
- The nature of the functionality Flow Monitor provides means the type of information you are uploading includes personal and organisational data. We take the privacy of our account holders' information very seriously.
- Depending on your business structure, you may choose to employ different staff members to manage and input data at different times or days. Flow Monitor provides facilities to make this possible. It is however your responsibility to ensure that any individual, who has access to your account, and is acting as an agent or on behalf of yourself or your business is properly trained to enter the required data in an accurate nature.
- While Sqonk makes no claims of ownership over the data you upload, you do however grant us the right to utilise this data to provide further features and insights to yourself, or your authorised agents thereof, within the constraint of your account. See sections titled 'How We Use Your Data' and 'Copyright Ownership' for more information.
- Unless we have been requested to and have undertaken the work on your behalf, it is your responsibility to ensure the integridy of your data. Customers are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password.
- If the data is being upload via live-link from a PLC then the accuracy of the data collected is dependant upon the quality of programing and the conditions under which any such PLC's are configured. If a misconfigured PLC incorrectly registers a value, that value may be interpreted by Flow Monitor as a non-compliance situation. Unless such PLC configuration has been understaken by ourselves then you assume full responsibily and cost for the correct setup of the hardware on your premesis.
If however, the PLC configuration was undertaken by ourselves and a fault is detected we will attempt to fix the problem at no further chage so long as:
- The data you submit, upload or otherwise input into Flow Monitor is used to provide you with the relevant services, features and benefits that you are paying for. This includes deriving calculations or otherwise manipulating your data to provide yourself or your agents with meaningful reports and information.
- We may at times also utilise your data in an anonymous and private way for internal R&D in order to provide you with additional features and to improve the service.
- Unless otherwise stated or agreed upon your data will be stored and only made available to yourself and Sqonk (the operator of Flow Monitor and relevant services).
- Exceptions to this include:
- To ensure the best possible reliability and audit-ability, systems such as Flow Monitor rarely delete infomation in the true sense of the word. While some information such as business details may be updated or overwritten in entirity by yourself, information such as the PLC data is merely flagged as 'deleted' to stop it from appearing in the interface or being included in any calculations. In this regard you accept that all information you upload or input into the system may (or may not) be kept for an indefinate period of time.
- We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice. Failure to respond to an email concerning abuse within 48 hours may result in the suspension or termination of your account.
- Full backups of the database that holds the PLC and account data are made at regular intervals throughout each day while backups of the Flow Monitor software are backed up daily. While every effort is made to ensure the reliability of these backups we cannot make any guarantees as to their currentness or integrity. Please read section 'Defects, Errors and Liability' for further information.
- If a mechanism has been provided for you to export your own data we recommend that you utilise it to keep your own backup of your data at regular intervals. Not only does it allow you to import this information into other compatible software programs but it provides a further failsafe.
- You agree to supply appropriate payment for the services received from Sqonk, in advance of the time period during which such services are provided. You agree that until and unless you notify Sqonk of your desire to cancel any or all services received, those services will be billed on a recurring basis.
- As a client of Sqonk, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time.
- If your subscription is handled by a credit card gateway facility provided by the software then you are responsible for ensuring your billing and credit card information is current.
- If you have entered into an agreement that involves paying by invoice, Sqonk provides a 7 day grace period from the time the invoice was originally issued and when it must be paid. Unless alternative payment schedules have been agreed upon between yourself and Sqonk the time frame indicated on the invoice is the limit upon which payment is due. We do our best to give our clients enough leeway to pay their bills and establish a payment cycle that best suits both parties. If we believe there is a discrepancy between the invoices issued to you and the payments received we will make all reasonable efforts to get in contact with you and resolve it. This may involve contacting you via phone or email if the need arises. If we believe all communications with you have not resolved the situation and we are beyond reasonable doubt that you are unwilling or unable to pay for your usage to date your account will be suspended until further notice.
- If your subscription is handled by a credit card gateway facility provided by the software then please note that this is an automated facility. It will notify us of any failed transactions that take place and may also attempt to notify you as well. Upon such notification Flow Monitor will attempt to provide you further notifcations of the problem and request prompt rectification of the situation. If the payment information is not corrected within a period of 30 days then access to your account may be restricted until payments are restored.
- Any service you have utilised and are invoiced for are separate from any other products or services you may purchase or receive an invoice for now or in the future. As a client you unconditionally agree that you will never intentionally withhold, partially or fully, payment for a service as leverage for any other agenda.
- From time to time prices and associated costs for various services will go up. When this happens we will make all reasonable efforts to notify affected customers (no one likes surprises) but Sqonk reserves the right to make such adjustments even if you do not provide any acknowledgement of having received and understood the indicated changes.
- For customers properly abiding by these terms and conditions Sqonk reserves the right to cancel your account at any time with reasonable written notice, except in extreme or other circumstances out of our control that may require the suspention or termination without prior written notice. Examples of such circumstances may be, but are not limited to:
Customers found to be in breach of these terms and conditions may also have their accounts suspended or terminated without prior or further notice. Please note: Being unable or unwilling to pay the required fees for the service constitutes a breach of these terms and conditions.
- Customers may cancel at any time with notification by email or phone. Once we receive your cancellation and have confirmed all necessary information your account will be cancelled. If you do not hear back from us via email or phone, please contact us. If we have provided a facility in the service for you to cancel your account, please read all information provided (including any additional terms and conditions) carefully.
- Upon cancellation Sqonk reserves the right to decide an amount, if any, is refundable to you. This will be calculated based on the service usage within the time frame the service is being billed for. Flow Monitor is a service that is billed on a monthly basis for the month ahead so refunds are generally not applicable.
- When an account is cancelled your data remains intact on the server but is otherwise inacessible once the current billing cycle has concluded.
- If you wish to re-activate your account at a later period you may do so by contacting us via email or phone.
- We generally aim to keep the service running 7 days a week during standard business hours. Standard business hours operate from 9am to 5pm (Australia/Melbourne EST). The data feed and alarm monitor aim to run continously with as little interuption as possible.
We have a reaonsable understanding of the times our customers operate within and in general the service remains online 24 hours per day (with exceptions, see below). This extends only to the reliability of the server and the software running on it. Although we have done our best to make sure the service is housed in a secure data centre with multiple redundancies and procedures in place we make no guarantees on their behalf and cannot be held responsible for outages caused by them or other associated third parties.
- Flow Monitor is currently designed and operated with the intention for use by Australian-based businesses, so the hours with which we keep the service running is optomised for the various time zones within Australia.
- From time to time we will need to make updates to the software which may involve temporarily taking it offline. The times in which this is likely to occur will be during evening hours but there may be some instances where emergency updates are required at any point in the day. While we do our best to notify all customers and users there may be times dictating that such updates happen without notice.
- Flow Monitor is a cloud-based service, which means you must have a reliable internet connection to be able to access it. You accept full responsibility for maintaining your own internet connection and ensuring your business can reliably access the world wide web. Sqonk cannot be held liable for any internet outages occuring from your own premises or associated internet providers. Likewise we cannot be held liable for any software running directly on your device, from within your local area network within your premisis (or locations from which you are operating), or that is running from your internet provider that may inhibit or restrict your ability to acccess the service.
- In the event of internet outages we recommend you either have an alternative access method to the intenernet on standby or have alernative/emergency proceedures for gaining access when it is necessary.
- Likewise, you also accept full responsibility in both time and cost for supplying and maintaining both any and all hardware and software used to access the service. Sqonk does not supply standard end-user personal computer hardware or provide computer technical support.
- Flow Monitor is a service that is designed to run within a web browser on either a standard desktop computer or a tablet computer. It is your responsibility to ensure the device or devices you access the service with meet all system requirements. Please see the relevant section of the Flow Monitor web site for clarifcation on system requirements and compatibility.
- Sqonk operates within the hours of 9am to 5pm on weekdays (Australia/Melbourne EST) and will endeavour to provide you with timely support to the best of our ability within these hours.
- The level of the support we can provide is limited in capacity. We will do our best to satisfy any requests you make. We may decline to process requests that are unreasonably repetitive, require disproportionate technical support, jeopardize the privacy of others or are highly impractical to undertake.
- If we deem the nature of any request to be outside of the scope of what we consider to be standard support we reserve the right to quote and charge additional fees before undertaking the request.
- You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you upload to the service are either owned by yourself, or that you have permission to use them.
- We make no claims of ownership over any data you upload or input into the service.
- We retain the ownership to all of the documents and computer programs that we have brought into existence or that have been produced/generated by the service and we license them to you for use under this agreement. This does not include documents and computer programs or services prepared and provided by third parties.
- We put a lot of effort into creating this service including, the logo and all designs, text, graphics, pictures, information and other content (excluding your content). This property is owned by Sqonk Pty Ltd and is protected by local and international copyright laws. We grant you the right to use it within the bounds stipulated in this license agreement.
- However, unless we expressly state otherwise, your rights do not include: (i) publicly performing or publicly displaying the Service; (ii) modifying or otherwise making any derivative uses of the Service or any portion thereof; (iii) using any data mining, robots or similar data gathering or extraction methods; (iv) downloading (other than page caching) of any portion of the Service or any information contained therein; (v) reverse engineering or accessing the Service in order to build a competitive product or service; or (vi) using the Service other than for its intended purposes. This extends to any staff, agents or personel accessing your account.
- You may create a hyperlink to the Service. This includes links and references on social media platforms. But, you may not use, frame or utilize framing techniques to enclose any of our trademarks, logos or other proprietary information without our express written consent.
- Sqonk Pty Ltd makes no claim or representation regarding, and accepts no responsibility for third party websites accessible by hyperlink from the Service or websites linking to the Service. When you leave the Service, you should be aware that these Terms and our policies no longer govern.
- While we take pride in the services and products we provide and take reasonable steps to ensure they are reliable we cannot guarantee that Flow Monitor or any other service provided by Sqonk will be fault or error free at any time so we cannot be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate the provided service or product, even if you have advised us of the possibilities of such damages.
- If there is any content on the Service from you and others, we don't review, verify or authenticate it, and it may include inaccuracies or false information. We make no representations, warranties, or guarantees relating to the quality, suitability, truth, accuracy or completeness of any content contained in the Service. You acknowledge sole responsibility for and assume all risk arising from your use of or reliance on any content.
- If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
- As a customer you agree that you shall defend, indemnify, save and hold Sqonk Pty Ltd harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Sqonk Pty Ltd, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns.
- Customer agrees to defend, indemnify and hold harmless Sqonk Pty Ltd against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Sqonk Pty Ltd; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Sqonk’s server.
- Sqonk Pty Ltd shall not be responsible for any damages your business may suffer. Sqonk Pty Ltd makes no warranties of any kind, expressed or implied for services we provide. Sqonk Pty Ltd disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Sqonk Pty Ltd and its employees.
- You expressly agree that exclusive jurisdiction for any dispute with the service or relating to your use of it, resides in the courts of Victoria, Australia and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the Victoria, Australia in connection with any such dispute including any claim involving Flow Monitor or other services provided by Sqonk. You further agree that you and Sqonk will not commence against the other a class action, class arbitration or other representative action or proceeding.
- If you breach any terms in this license agreement, we have the right to suspend or disable your access to or use of the Service.
- Please let us know what you think of the Service, these Terms and, in general, Flow Monitor. When you provide us with any feedback, comments or suggestions about the Service, these Terms and, in general, Flow Monitor, you irrevocably assign to us all of your right, title and interest in and to your feedback, comments and suggestions.
- These Terms constitute the entire agreement between you and Sqonk Pty Ltd regarding the use of the Service, superseding any prior agreements between you and Sqonk Pty Ltd relating to your use of the Service.
If you have any questions or concerns arising out of these terms of service please