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Customer resources · Draft

Terms of service

This is a plain-English working draft, not legal advice and not ready for signature. It exists so both sides can agree on the commercial shape before a lawyer drafts the final wording. An Australian lawyer must review the completed agreement — in particular privacy roles, liability, consumer guarantees, GST, insurance and governing law. The signed order form and service agreement prevail over this page.

Last internally reviewed: 1 August 2026 · applies to PWE Studio v10.20.0 and later.

1 · Parties and the order form

The provider is PWE GROUP PTY LTD, ABN 55 606 664 546, ACN 606 664 546, of Caulfield North, Melbourne, Victoria, Australia, trading as PWE Studio. Notices to us may be sent to info@pwestudio.site, attention Lee L. The customer is the studio named on the signed order form.

The order form records the plan, fees and GST treatment, start date, initial term, campus and tenant count, authorised contacts, implementation scope and any agreed variation. Where the order form and these terms conflict, the order form controls for the commercial item it expressly names.

2 · What the subscription includes

We grant a non-exclusive, non-transferable right, during the term, to use PWE Studio for the studio’s own operations. The service includes only the capabilities, limits and support described in the order form and in current customer documentation.

Preview and demonstration capabilities are not production commitments. Reserved interfaces — payments, accounting sync, provider email or SMS, calendar sync, webhooks, per-studio custom domains — are not described to you as working integrations and are not included unless a signed order specifically covers implementation and acceptance. The FAQ and release evidence state the current boundary.

3 · What the studio is responsible for

The studio remains responsible for its own teaching services, child-safety obligations, class decisions, refunds to families, accounting, tax, employment matters, and any message sent from a staff member’s own device.

4 · Fees

Fees and taxes are those stated in the order form. Implementation, migration clean-up, customisation, third-party charges and usage above plan limits are separately scoped and not part of the recurring subscription.

A recurring price may change only on at least 30 days’ written notice. If you do not accept the change you may end the affected subscription before the new price takes effect, without a price-change cancellation penalty. Nothing in these terms excludes a right or remedy that cannot lawfully be excluded, including any applicable consumer guarantee.

5 · Data migration

We provide a standard CSV and Excel template, review the structure you supply and identify mapping exceptions. We do not promise that an arbitrary legacy file is complete, consistent, correctly authorised or ready to import.

No production migration happens until both sides approve the source and scope, the field mapping, the treatment of rejected or ambiguous records, the cut-off window, and the backup, rehearsal, reconciliation and rollback evidence. Your approval of the reconciliation report is acceptance of the migrated dataset, subject to defects notified within the period stated in the order form.

6 · Privacy and security

Each party complies with the privacy, data-breach, records and child-safety obligations that apply to it. You decide what student and family information is collected and why; we process it to provide, secure and support the service. The controls we operate, and the gaps we have not closed, are set out in the privacy policy — read it as part of these terms.

If either party becomes aware of an incident affecting your data, it notifies the other without unreasonable delay, cooperates in containment and preserves evidence. The parties agree who leads any legally required notification, taking into account who holds the direct relationship with the affected families.

Multi-factor authentication for privileged accounts, an off-instance backup copy, uptime monitoring and a contractual availability target are open items. They are disclosed here rather than assumed, and only become commitments when a signed order form says so.

7 · Data ownership and intellectual property

You retain your rights in your data and in the brand material you supply. You grant us a limited right to host, process, back up and transmit that material solely to provide, secure and support the service. We retain our rights in the software, templates, documentation, designs and general know-how.

We will not use your student media in demonstrations or marketing without specific recorded authority. The professional demonstration tenant uses fictional records and synthetic artwork for exactly this reason.

8 · Third-party services

Hosting, DNS, certificate issuance, email, messaging, accounting, calendar and payment services may be provided by third parties under their own terms and availability. We configure included integrations with reasonable care, but we do not control a third party’s network or service. The device-native Mail and Messages feature opens your own application and you decide whether to send; it is not automated provider delivery.

9 · Availability, maintenance and support

The service runs on AWS in the Sydney region with TLS at the edge and daily backups whose restore has been rehearsed. There is nonetheless no availability commitment unless the order form states one, because uptime monitoring, backup-failure alerting and an on-call roster are not yet in place. An upgrade briefly restarts the application and serves a maintenance page.

When an availability target is agreed, the order form should state service hours, the target, planned-maintenance notice, support severity and response targets, backup frequency and retention, recovery objectives, incident communication channels, and exclusions for your own systems, third-party outages and force majeure. Support priorities and draft initial-response targets are in the support policy. A response target is not a resolution guarantee.

10 · Suspension

We may restrict an account only where reasonably necessary to protect the service or people, investigate suspected misuse, comply with law, or address material unpaid fees after notice. Where practicable we give notice, limit the restriction to what is necessary, and restore access promptly once the reason is resolved.

11 · Term, ending and what happens to your data

The initial term and renewal method are on the order form. Either party may end the agreement for an uncured material breach after written notice and a remedy period stated in the order form, unless urgent action is reasonably necessary to prevent harm. A monthly subscription may be ended on the notice period stated in the order form. Any fixed-term early-termination amount must reflect reasonable committed costs and must be reviewed for fairness before use.

After termination we make a standard export available for the window stated in the order form, subject to payment and lawful retention. After that we delete or de-identify your data according to the deletion schedule, except where a law requires retention. Backup expiry takes longer than live deletion and must be documented in the production backup schedule.

12 · Warranties and liability

Each party warrants it has authority to enter the agreement. To the maximum extent permitted by law, we do not warrant uninterrupted operation, nor that the service will correct incomplete, inconsistent or unlawfully obtained data you supply. Nothing excludes statutory rights that cannot be excluded.

Deliberately left open. The liability cap, indirect-loss exclusion, indemnities and insurance requirements must be completed by an Australian lawyer. The commercial intent is a balanced allocation that reflects fees, control, insurance, data sensitivity and each party’s contribution — not an automatic one-sided exclusion.

13 · Disputes and governing law

Before starting court proceedings, an authorised representative of each party will set out the issue in writing, meet in good faith within 10 business days, and attempt mediation if the matter is not resolved within a further 15 business days. This does not prevent urgent injunctive relief or the exercise of a statutory right.

This agreement is governed by the law of Victoria, Australia, and any mediation takes place in Victoria — consistent with the provider’s location and with the draft service agreement. Court jurisdiction differs between Australian states and territories, so this clause is still subject to legal review, and nothing in it excludes a non-excludable law.

14 · Changes

Material changes to service scope, fees or these terms require written notice. Where a change materially disadvantages you, you may end the affected service before the change takes effect without a change-related penalty.

Before you sign

Ask us for the current order form and security schedule. Read the public support policy and privacy policy alongside these terms — the documents are written to be consistent with each other and with what the product actually does.