This Services Agreement (“Agreement”) governs the use of the Hamlet platform and related services provided by Vicinia Pty Ltd (ABN 70 653 966 637) trading as Hamlet (“Hamlet“, “we“, “us“, or “our“).
By signing an Order Form, accepting a proposal, creating an account, using the Services, or otherwise accessing the Platform, the customer identified on the applicable Order Form (“Customer“, “you“, or “your“) agrees to be bound by this Agreement.
If you are accepting this Agreement on behalf of a company or other legal entity, you warrant that you have authority to bind that entity. If you do not have that authority, you must not access or use the Services.
Order of precedence. In the event of any inconsistency between documents forming part of this Agreement, the following order of precedence applies (highest first): (a) any signed Order Form, MSA or addendum (such as a Data Processing Addendum or bespoke SLA); (b) this Agreement; (c) the Privacy Policy, Acceptable Use Policy, and standard SLA published on Hamlet’s website from time to time.
1. Overview of the Services
Hamlet provides cloud-based software and related services designed to support the management and operation of flexible workspaces, coworking spaces, serviced offices, hospitality environments, shared facilities, and related businesses.
The Services may include:
- workspace and resource booking tools;
- membership and customer management;
- invoicing and billing automation;
- payment processing integrations;
- reporting and analytics;
- communication and community tools;
- APIs, integrations, and automation tools;
- AI-assisted features;
- mobile and web applications;
- onboarding, implementation, migration, training, and support services.
The specific services, pricing, usage limits, and commercial terms applicable to the Customer are set out in the applicable Order Form, proposal, subscription plan, or pricing schedule.
2. Term
2.1 Initial Term
This Agreement begins on the earlier of:
- the date the Customer first accepts an Order Form;
- the date the Customer first accesses the Services; or
- the commencement date specified in an Order Form,
and continues for the initial subscription term stated in the applicable Order Form (“Initial Term”).
2.2 Renewal
Unless otherwise specified in writing, subscriptions automatically renew for successive renewal periods equal to the Initial Term (each a “Renewal Term”).
Hamlet will provide the Customer with a renewal reminder at least 30 days before the end of the then-current term (sent to the nominated billing or administrative contact).
Either party may elect not to renew by providing at least 30 days’ written notice before the end of the then-current term.
2.3 Month-to-Month Plans
3. Fees and Payment
3.1 Fees
The Customer must pay all fees specified in the applicable Order Form or pricing schedule.
Unless otherwise stated:
- all fees are in Australian Dollars (AUD);
- fees are exclusive of GST and other applicable taxes, which the Customer must pay in addition to the fees where applicable;
- invoices are payable within 14 days of the invoice date;
- recurring subscription fees are payable in advance;
- the Customer must not withhold, set off, or deduct any amount from fees payable except as required by law or as expressly agreed in writing.
3.2 Payment Methods
The Customer authorises Hamlet to charge the nominated payment method for all subscription fees, usage charges, implementation fees, and other agreed charges.
The Customer is responsible for keeping payment details current and notifying Hamlet of any change to billing contacts.
3.3 Usage-Based Charges
Some subscriptions may include usage limits such as:
- active members;
- locations;
- bookings;
- communications;
- storage;
- AI usage;
- integrations;
- SMS or email volumes.
Where usage exceeds the included limits, Hamlet may charge additional fees in accordance with the applicable pricing schedule. Hamlet will use reasonable efforts to notify the Customer where usage is materially approaching or exceeding included limits.
3.4 Pricing Changes
Hamlet may change pricing, introduce new charges, or modify subscription plans upon at least 30 days’ written notice.
Pricing changes will apply from the next Renewal Term unless otherwise agreed in writing.
If a pricing change for a Renewal Term increases the Customer’s annual fees by more than 10% (excluding usage-based overages and statutory tax changes), the Customer may terminate the affected subscription, without further liability beyond fees accrued to the effective date of termination, by giving written notice no later than 14 days before the start of the Renewal Term.
3.5 Late Payments and Recovery Costs
Overdue amounts may incur interest at the lower of: (a) 1.5% per month, calculated daily; or (b) the maximum rate permitted by law.
The Customer is responsible for reasonable recovery costs associated with overdue accounts, including external collection agency fees, dishonour fees, and reasonable legal costs incurred by Hamlet in recovering the debt.
3.6 Suspension for Non-Payment
Where an invoice remains unpaid for more than 14 days past its due date, Hamlet may suspend access to the Services after giving the Customer at least 7 days’ prior written notice and an opportunity to pay.
Suspension does not relieve the Customer of any payment obligation, and amounts continue to accrue during suspension unless otherwise agreed.
4. Customer Responsibilities
The Customer is responsible for:
- ensuring users comply with this Agreement and the Acceptable Use Policy;
- maintaining the confidentiality of login credentials and use of multi-factor authentication where available;
- ensuring all Customer Data is lawful, accurate, and collected with appropriate authority and consents;
- complying with applicable laws and regulations (including privacy, consumer, anti-spam, and tax laws);
- obtaining any required consents from members, customers, guests, staff, or other end users whose personal information is processed through the Platform;
- maintaining appropriate independent backups of Customer Data where the Customer’s risk profile or compliance obligations require it;
- ensuring integrations and connected systems are appropriately configured and secured.
The Customer must not, and must not permit any user to:
- use the Services unlawfully or in breach of the Acceptable Use Policy;
- interfere with or disrupt the Platform or other customers’ use of the Platform;
- attempt to gain unauthorised access to systems, accounts, or data;
- reverse engineer, decompile, or copy the Platform except as expressly permitted by law;
- upload malicious code, viruses, or harmful material;
- use the Platform to send spam, unsolicited commercial messages, or unlawful communications;
- use the Platform to process highly sensitive categories of data (such as health, biometric, or government identifier data) without prior written agreement from Hamlet;
- resell, sublicense, or commercially exploit the Services without Hamlet’s prior written approval.
The Customer warrants that it has the right to collect, use, and provide to Hamlet all Customer Data uploaded to or processed through the Platform.
5. User Accounts and Access
The Customer is responsible for managing user permissions and access levels within the Platform.
Hamlet may suspend or disable individual accounts where:
- there is suspected unauthorised access or compromise of credentials;
- the Customer or the relevant user breaches this Agreement;
- continued access may pose security, operational, or legal risks.
Where suspension is not security-driven or required by law, Hamlet will use reasonable efforts to notify the Customer in advance and to limit the scope of suspension to what is necessary.
Hamlet may require password resets, multi-factor authentication, or additional security measures from time to time as part of its security obligations.
6. Customer Data and Privacy
6.1 Ownership of Customer Data
As between the parties, the Customer retains ownership of Customer Data.
The Customer grants Hamlet a non-exclusive, royalty-free, worldwide licence to host, process, transmit, copy, analyse, and use Customer Data as reasonably necessary to:
- provide and operate the Services;
- maintain, secure, and improve the Platform;
- provide support;
- perform analytics, monitoring, and incident response;
- comply with legal obligations.
6.2 Privacy Compliance
Each party must comply with applicable privacy laws, including (where applicable) the Privacy Act 1988 (Cth) and the Australian Privacy Principles.
Hamlet’s collection, use and disclosure of personal information is governed by its Privacy Policy, available at hamletco.space/privacy. Where the Customer requires more detailed processing terms (for example, for enterprise procurement, or where the Customer is subject to GDPR or similar regimes), a separate Data Processing Addendum (DPA) is available on request.
6.3 Cross-Border Disclosure
The Customer acknowledges that Customer Data and personal information may be hosted, accessed, or processed in jurisdictions outside Australia (including by cloud infrastructure providers and sub-processors). Hamlet will take reasonable steps to ensure that any overseas recipient handles such information consistently with the Australian Privacy Principles, as required by APP 8.
A current list of material sub-processors is available on request.
6.4 Notifiable Data Breaches
Each party must promptly notify the other in writing on becoming aware of any actual or reasonably suspected unauthorised access to, loss of, or disclosure of personal information processed under this Agreement.
The parties will cooperate in good faith to assess and respond to any such incident, including in relation to obligations under Part IIIC of the Privacy Act 1988 (Cth) (Notifiable Data Breaches scheme).
6.5 Aggregated and De-Identified Data
Hamlet may collect, generate, and use aggregated and irreversibly de-identified data derived from Platform usage for:
- benchmarking;
- analytics;
- machine learning model training;
- service improvements;
- industry insights;
- product development.
Such data will not identify the Customer, its end users, or any individual, and Hamlet will not attempt to re-identify it.
6.6 Data Retention and Deletion
Following termination or expiry of this Agreement, Hamlet will make Customer Data reasonably available for export, in a commercially standard format, for 30 days, unless otherwise required by law.
After that period, Hamlet may permanently delete Customer Data, subject to retention of backups and records as required by law or Hamlet’s reasonable business continuity policies (which will not be used for any active operational purpose).
7. AI and Automated Features
Hamlet may provide AI-assisted tools, automations, recommendations, summaries, communications, or workflow functionality (“AI Features”).
The Customer acknowledges that:
- AI-generated outputs may contain inaccuracies, omissions, or errors;
- AI functionality may rely on third-party providers;
- human review may be required and is recommended for any material decision;
- Hamlet does not guarantee specific outcomes, accuracy levels, or business results from AI Features.
The Customer remains responsible for reviewing and approving any operational, financial, legal, regulatory, or customer-facing decisions generated or assisted by AI Features.
The Customer must not use AI Features in a way that:
- breaches applicable laws (including privacy, consumer, anti-discrimination, or AI-specific regulation);
- generates content the Customer does not have the right to use; or
- exposes individuals to material harm without appropriate human oversight.
8. Integrations and Third-Party Services
The Services may integrate with third-party providers including payment gateways, accounting platforms, access control systems, communications platforms, and other external services (“Third-Party Services”).
Hamlet is not responsible for:
- the performance, availability, or quality of Third-Party Services;
- outages or failures caused by third parties;
- changes to third-party APIs, pricing, or functionality;
- data loss caused by third-party systems;
- third-party fees or charges.
Use of any Third-Party Service is subject to the relevant third-party terms and policies, which the Customer is responsible for reviewing and accepting.
9. Availability and Support
Hamlet will use commercially reasonable efforts to provide reliable access to the Services.
Service availability targets, scheduled maintenance windows, and support response times (where offered) are set out in the applicable Service Level Agreement (SLA), where one applies.
The Customer acknowledges that:
- the Services may occasionally be unavailable due to maintenance, updates, third-party issues, or unforeseen events;
- uninterrupted or error-free operation cannot be guaranteed;
- Hamlet may modify, improve, or discontinue non-core features from time to time, provided that any such change does not materially reduce the core functionality of the Services during an active subscription term.
10. Intellectual Property
Hamlet and its licensors retain all rights, title, and interest in:
- the Platform;
- software;
- APIs;
- documentation;
- workflows;
- interfaces;
- branding;
- designs;
- content;
- AI models, prompts, and tooling;
- improvements and derivative works.
No ownership rights in the foregoing are transferred to the Customer. The Customer is granted only a non-exclusive, non-transferable, revocable right to use the Services in accordance with this Agreement during the subscription term.
The Customer may not copy, reproduce, modify, distribute, or create derivative works from the Platform except as expressly permitted under this Agreement or by law.
Feedback. Where the Customer or its users provide feedback, suggestions, ideas, or improvement requests in respect of the Services, Hamlet may use such feedback for any business purpose without restriction or compensation. The Customer assigns any rights in such feedback to Hamlet to the extent necessary to give effect to this clause.
Customer trademarks. Subject to the Customer’s prior approval of first use (which will not be unreasonably withheld), the Customer grants Hamlet a limited, non-exclusive licence to use the Customer’s trademarks and logos for reasonable customer identification purposes (such as customer lists and case studies). The Customer may withdraw this licence by written notice at any time, in which case Hamlet will cease use of the marks within a reasonable period.
11. Confidentiality
Each party (“Receiving Party”) must:
- keep the Confidential Information of the other party (“Disclosing Party”) confidential;
- only use it for purposes related to this Agreement;
- protect it using at least the same standard of care as it uses for its own confidential information, and in any case no less than a reasonable standard.
Confidential Information does not include information that:
- is or becomes publicly available other than through breach of this Agreement;
- was already known to the Receiving Party without confidentiality obligations;
- is independently developed without reference to the Disclosing Party’s information;
- is lawfully obtained from a third party not under a confidentiality obligation.
A party may disclose Confidential Information where required by law, court order, or applicable regulatory authority, provided that, where lawful, it gives the Disclosing Party reasonable advance notice.
This clause survives termination of this Agreement for a period of 3 years, except in respect of trade secrets and personal information, where the obligations survive indefinitely.
12. Security
Hamlet will maintain commercially reasonable administrative, technical, and organisational safeguards designed to protect Customer Data against accidental or unlawful loss, alteration, disclosure, or access. A summary of Hamlet’s security practices is available on request or via Hamlet’s Security & Data Practices page.
The Customer acknowledges that:
- internet-based services carry inherent security risks;
- the Customer is responsible for appropriate internal security practices (including password hygiene, role-based access, and security training of its users);
- no online platform or transmission method is completely secure;
- Hamlet does not guarantee absolute security.
Each party must promptly notify the other of any suspected unauthorised access, security incident, or compromise of credentials affecting the Services or Customer Data, in accordance with clause 6.4.
13. Warranties and Australian Consumer Law
13.1 Hamlet's express warranty
13.2 Disclaimers
Except as expressly stated in this Agreement, and subject always to clause 13.3, to the maximum extent permitted by law:
- the Services are provided on an “as is” and “as available” basis;
- Hamlet disclaims all other warranties, conditions, and representations, whether express or implied, including any implied warranty of fitness for a particular purpose, merchantability, uninterrupted availability, or non-infringement;
- Hamlet does not warrant that the Services will meet every Customer requirement, operate without interruption, or be error-free.
13.3 Australian Consumer Law
Nothing in this Agreement excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Competition and Consumer Act 2010 (Cth) (including the Australian Consumer Law) or any other law that cannot lawfully be excluded, restricted, or modified (“Non-Excludable Rights”).
Where the Customer is a “consumer” under section 3 of the Australian Consumer Law and the Services are not of a kind ordinarily acquired for personal, domestic, or household use or consumption, Hamlet’s liability for failure to comply with a consumer guarantee in respect of the Services is limited, at Hamlet’s option, to:
- supplying the Services again; or
- payment of the cost of having the Services supplied again,
to the extent permitted by section 64A of the Australian Consumer Law and provided that such limitation is fair and reasonable in the circumstances.
14. Limitation of Liability
14.1 Exclusion of indirect loss
14.2 Aggregate cap
14.3 Exceptions to the cap
The limitations and exclusions in clauses 14.1 and 14.2 do not apply to:
- the Customer’s obligation to pay fees properly due under this Agreement;
- a party’s liability for breach of clause 11 (Confidentiality);
- a party’s liability arising from fraud, wilful misconduct, or gross negligence;
- liability for death or personal injury caused by negligence;
- liability under clause 15 (Indemnities), to the extent such indemnity covers third-party claims;
- any Non-Excludable Rights under clause 13.3.
14.4 Customer responsibility
15. Indemnities
15.1 Customer indemnity
The Customer indemnifies Hamlet against third-party claims, losses, damages, liabilities, and reasonable expenses (including reasonable legal costs) arising from:
- Customer Data, including any claim that Customer Data infringes the rights of a third party or breaches applicable law;
- misuse of the Services by the Customer or its users;
- the Customer’s breach of this Agreement;
- breaches of law by the Customer or its users;
- disputes between the Customer and its own members, end users, employees, or contractors.
15.2 Conditions
The indemnified party must:
- promptly notify the indemnifying party of any claim;
- not make any admission or settlement without prior written consent (not to be unreasonably withheld);
- provide reasonable cooperation in the defence of the claim.
16. Suspension and Termination
16.1 Suspension
In addition to clause 3.6, Hamlet may suspend access to the Services (in whole or in part) where:
- there is a security concern or suspected compromise;
- the Customer materially breaches this Agreement and (where the breach is capable of remedy) fails to remedy the breach following reasonable notice;
- required by law, court order, or regulatory authority;
- necessary to protect the Platform, other customers, or third parties from material harm.
Where suspension is not urgent or security-driven, Hamlet will use reasonable efforts to give prior notice and to limit the scope and duration of suspension to what is necessary.
16.2 Termination for cause
Either party may terminate this Agreement (or any affected Order Form) immediately by written notice if the other party:
- commits a material breach of this Agreement and, where the breach is capable of remedy, fails to remedy the breach within 14 days of receiving written notice requiring it to do so;
- becomes insolvent, has a controller, administrator, receiver, or liquidator appointed, becomes unable to pay its debts as and when they fall due, or takes any step toward winding up; or
- ceases, or threatens to cease, to carry on business.
16.3 Termination for convenience by Hamlet
16.4 Effect of termination
On termination or expiry of this Agreement:
- all outstanding fees properly accrued to the termination effective date become immediately payable;
- the Customer’s right to access and use the Services ceases;
- the Customer must stop using the Platform and any Hamlet Confidential Information;
- Customer Data export rights apply under clause 6.6;
- any clause that by its nature is intended to survive termination (including clauses 3.5, 6.6, 10, 11, 13, 14, 15, 20, and 22) survives.
17. Service Changes and Beta Features
Hamlet may introduce beta, trial, experimental, or early-access features (“Beta Features”).
Beta Features:
- may change, be modified, or be discontinued at any time;
- may contain bugs, incomplete functionality, or limited support;
- are provided on an “as is” basis without warranties of any kind, to the maximum extent permitted by law and subject to clause 13.3.
Hamlet may modify the Services from time to time, provided that any such change does not materially reduce the core functionality of the Services during an active subscription term.
18. Publicity
Subject to the Customer’s prior approval of first use (which will not be unreasonably withheld or delayed), Hamlet may identify the Customer as a customer of Hamlet in:
- customer lists;
- website materials;
- proposals;
- case studies;
- presentations.
The Customer may withdraw this permission at any time by written notice, in which case Hamlet will cease the relevant use within a reasonable period and will not be required to recall already-distributed materials.
19. Force Majeure
Neither party is liable for delay or failure to perform (other than an obligation to pay money) caused by events beyond its reasonable control, including:
- internet, telecommunications, or infrastructure failures;
- natural disasters, fire, flood, or extreme weather;
- pandemics, epidemics, or public health emergencies;
- acts or restrictions of government or regulators;
- cyber attacks, denial of service attacks, or malicious third-party acts;
- labour disputes affecting third parties;
- failures of upstream suppliers, hosting providers, or sub-processors.
The affected party must use reasonable efforts to mitigate the impact and resume performance as soon as reasonably practicable. If a force majeure event continues for more than 60 days, either party may terminate the affected Services on written notice.
20. Governing Law and Disputes
This Agreement is governed by the laws of Queensland, Australia.
The parties submit to the exclusive jurisdiction of the courts of Queensland and the Commonwealth of Australia.
20.1 Escalation
Before commencing formal legal proceedings (other than for urgent injunctive or equitable relief, or recovery of overdue fees), the parties must attempt in good faith to resolve any dispute as follows:
- the disputing party must notify the other in writing, setting out the nature of the dispute;
- the parties’ nominated representatives must meet (in person or remotely) within 14 days of the notice to attempt to resolve the dispute;
- if the dispute is not resolved within a further 14 days, the parties may agree to mediation through an accredited mediator before commencing proceedings.
21. General
21.1 Entire Agreement
This Agreement, together with any applicable Order Form, DPA, SLA, Privacy Policy, Acceptable Use Policy, or written commercial terms, constitutes the entire agreement between the parties in respect of its subject matter and supersedes all prior representations and agreements.
The Customer acknowledges it has not relied on any representation not expressly set out in this Agreement.
21.2 Assignment
The Customer may not assign or novate this Agreement, in whole or in part, without Hamlet’s prior written consent (not to be unreasonably withheld).
Hamlet may assign or transfer this Agreement, in whole or in part, in connection with a business restructure, merger, acquisition, or sale of substantially all of its business or assets, on written notice to the Customer.
21.3 Sub-contracting
21.4 Severability
21.5 Waiver
21.6 Notices
Notices under this Agreement must be in writing and may be sent:
- by email to the nominated contact addresses of each party (and in Hamlet’s case, to legal@hamletco.space for legal notices); or
- by registered post to the registered office of the receiving party.
Email notices are deemed received on the day of transmission unless the sender receives a bounce-back or delivery failure.
21.7 Relationship
21.8 Counterparts
22. Definitions
Acceptable Use Policy means the policy published by Hamlet at hamletco.space/acceptable-use, as updated from time to time.
Agreement has the meaning given in the introduction.
Beta Features has the meaning given in clause 17.
Confidential Information means non-public information of a party that is identified as confidential or that, by its nature, ought reasonably to be treated as confidential, including business plans, customer information, pricing, technical information, and Customer Data.
Customer Data means data, information, content, records, and materials uploaded to, generated by, or processed through the Platform by the Customer or its users, including personal information.
Material breach means a breach that is of a serious nature, has a material adverse effect on the non-breaching party, or relates to payment, confidentiality, intellectual property, security, or compliance with law.
Non-Excludable Rights has the meaning given in clause 13.3.
Order Form means any signed proposal, quotation, subscription form, pricing agreement, online checkout confirmation, or other document signed or accepted by the Customer that describes the Services, fees, and commercial terms.
Personal information has the meaning given in the Privacy Act 1988 (Cth).
Platform means Hamlet’s software platform, applications, APIs, interfaces, and related systems.
Services means the products and services provided by Hamlet under this Agreement, as more particularly described in the applicable Order Form.
Sub-processor means a third party engaged by Hamlet to process Customer Data on its behalf.
Third-Party Services has the meaning given in clause 8.
Contact Information
Plain-English Summary (Non-Binding)
This summary is provided for convenience only. It is not a legal document and does not replace the terms above. If there is any inconsistency between this summary and the rest of the Agreement, the Agreement prevails.
- You pay for access to Hamlet under your selected plan.
- We provide the software and support, but no software is perfect or guaranteed uninterrupted.
- You own your data. We use it to run and improve the service.
- You’re responsible for how your team uses the system, including making sure you have the right to share the data you upload.
- AI features are helpful tools, not decision-makers — keep a human in the loop for anything that matters.
- Third-party integrations are useful but outside our direct control.
- Either side can end the agreement for the reasons set out in the contract.
- We limit our liability to keep pricing fair and sustainable, but we don’t try to exclude rights you have under Australian Consumer Law.
- We’ll tell you before we auto-renew, and you can opt out of meaningful price increases without penalty.
- Australian law applies. Queensland courts.
Annex 1 Service Levels
This Service Level Agreement (SLA) forms part of the Services Agreement entered into between Vicinia Pty Ltd (ACN 653 966 637) trading as Hamlet Co (Hamlet Co, Us or We) and you as a customer of Hamlet Co (You or Customer) and governs the use of the Support Services under the Services Agreement.
1. Definitions and Interpretation
1.1. For the purpose of this SLA:
“Business Days” means Australian business days.
“Business Hours” means between the hours of 9.00am and 5.30pm AEST in Australia on a Business Day.
“Customer Data” means any data provided by the Customer to Hamlet Co to facilitate the provision of the Services.
“Order Form” means the online order form completed by the Customer on or about the date of Services Agreement.
“Platform” means the Hamlet Co web-based software-as-a-service platform.
“Response Time” means the average time in which Hamlet Co will respond to Your request and provide You with information and/or steps to resolve the request.
“Resolution Time” means the average time in which Hamlet Co will fully resolve Your support request after it has been raised.
“Services” means the associated services provided by Hamlet Co to manage the coworking and flexible workspace of the Customer on the Platform.
“Services Agreement” means the SaaS Services Agreement entered into between Hamlet Co and the Customer pursuant to which Hamlet Co has agreed to provide the Services to the Customer.
“Severity” means the severity levels in this SLA which reflect the business impact of the support request.
“Support Services” means the technical support services to be provided by Hamlet Co to the Customer in relation to the Services.
“Term” has the meaning given in paragraph [11].
“Unavailability” means that the Services or the Platform are unresponsive or respond with an error.
“Upgrades” means updates, corrections and revisions of the Services or the Platform by Hamlet Co whether to fix an error or bug or enhance the functionality of the Platform.
1.2. If there is any inconsistency between the terms of the Services Agreement and this SLA, the terms of this SLA shall prevail to the extent that relevant matter is covered by this SLA. In relation to any matter not expressly covered in this SLA, the provisions of the Services Agreement will apply.
1.3. Capitalised terms that are not otherwise defined in this SLA have the same meaning given to those terms in the Services Agreement or Order Form (as applicable).
2. Support Services
2.1 Hamlet Co will make available a help desk support facility, which is provided in English only for the purposes of:
- assisting the Customer with the onboarding as agreed between the parties in the
applicable Order Form (specific onboarding fees may apply depending on the complexity
of the individual Customer’s requirements and will be noted on the Order Form); - assisting the Customer with the proper use of the Services and Platform; and/or
- determining the causes of errors and fixing errors in the Services and/or the Platform.
2.2 The specific support communication channels provided are dependent on the subscription purchased by the Customer. Detailed information is available at https://hamletco.space/pricing/ and on the Order Form.
2.3. The help desk support facility is available as follows:
| Support communication channel | Availability on Business Days |
| Email and in-Platform Support Function (ability to raise and receive requests) | 24 hours |
| Video Calls (for onboarding and training only) | 9:00am to 6:00pm AEST |
| Telephone (for onboarding and training only) | 9:00am to 6:00pm AEST |
3. Support Request Procedure
3.1 All support requests should be submitted via the support function on the Platform or by email if the Platform is not available. Customers should categorise the Severity level of the request into one of the following categories:
| Severity | Description |
| Urgent | A problem is preventing the Service or the Platform from functioning normally and is severely affecting the Customer’s use. Third-party integrations and connected services are not covered by this level. |
| High | A less severe problem that may restrict the usage of the Service or the Platform but does not prevent it from operating/is not adversely affecting Customer’s use. |
| Normal | Questions and feedback on the Service or the Platform features and functionality. |
3.2 Notwithstanding the above, Hamlet Co will determine the Severity level of the request taking into consideration the categorisation made by You, however, Hamlet Co will not be bound by Your categorisation.
4. First Response and Resolution Times
4.1 Hamlet Co will use reasonable efforts to:
- respond to requests for Support Services made in accordance with paragraph [3.1] of this SLA; and
- resolve issues raised by the Customer promptly in accordance with the following Response Time matrix:
| Severity | Response Time | Resolution Time |
| Urgent | 2 Business Hours | Most Urgent issues will be resolved within 5 Business Hours of notification. However it may take up to 5 Business Days depending on the complexity of the issue. |
| High | 24 Business Hours | Up to 7 Business Days. |
| Normal | 24 Business Hours | It is at the discretion of Hamlet Co when Normal requests will be addressed, as some requests may not be able to be resolved until an upcoming feature release |
4.2 All Support Services will be provided remotely unless expressly agreed otherwise by Hamlet Co.
5. Limits on Support Services
5.1 If a Customer requests additional support (such as increased priority of service or custom development or training), such support will be provided at an additional charge as agreed between the parties.
5.2 Hamlet Co has no obligation under this SLA to provide Support Services in respect of any fault or error caused by the improper use of the Services or the Platform.
6. Upgrades
6.1 The Customer acknowledges that from time to time during the Term Hamlet Co may apply Upgrades to the Services or the Platform and that such Upgrades may result in changes in the appearance and/or functionality of the Services or the Platform.
6.2 The Customer will not be subject to any additional charges arising out of the application of the Upgrade, unless:
- that new functionality does not serve the same purpose as legacy functionality that ceases or has ceased to be available as a result of any Upgrade;
- access to or use of the new functionality is chargeable to customers of Hamlet Co using the Services or the Platform generally; and
- any decision by the Customer not to pay the additional charges for the new functionality will not prejudice the Customer’s access to and use of the rest of the Services or the Platform.
7. Uptime commitment
7.1 Hamlet Co will use all reasonable endeavours to ensure that the Platform is available 99% of the time during each calendar month.
8. Back-up and restoration
8.1 Hamlet Co will make back-ups of the Customer Data stored on the Platform on a daily basis.
8.2 If any Customer Data stored on the Platform is lost or corrupted, upon being notified promptly by the Customer, Hamlet Co will, if so directed by the Customer, use reasonable efforts to promptly restore the Customer Data from the most recent available backup copy.
9. Scheduled maintenance
9.1 Hamlet Co may suspend access to the Services or the Platform to carry out scheduled maintenance. This suspension will not be for more than 5 hours in each calendar month.
9.2 The Platform downtime during scheduled maintenance carried out in accordance with Paragraph [9.1] shall not be counted as Unavailability for the purpose of Paragraph [7.1].
10. Support Service Fees
10.1. Support Services may be subject to specific fees as agreed between the parties and outlined in the Order Form. Payment of such fees will be in accordance with the payment terms in the Services Agreement and the Order Form.