King Henry Terms of Service

Effective Date: 9 March 2026
Version: 1.0

1. Introduction and Acceptance

These Terms of Service ("Terms") constitute a legally binding agreement between King Henry Group Pty Ltd ABN 78 682 830 511 ("King Henry", "we", "us", or "our") and you ("Client", "Customer", "you", or "your") governing your use of our services, applications, software, products, and related offerings.

By accessing or using any King Henry service, installing any King Henry application from the HubSpot Marketplace or another distribution channel, purchasing or using any software, SaaS product, API service, digital product, or engaging us for professional services, or clicking "I Accept" or similar buttons, you acknowledge that you have read, understood, and agree to be bound by these Terms.

You represent that you are at least 18 years of age and have the legal authority to enter into this agreement on behalf of yourself or the organisation you represent. If you are accepting these Terms on behalf of an organisation, you warrant that you have the authority to bind that organisation to these Terms.

If you do not agree to these Terms, you must not use our services, products, or applications.

2. Definitions

For the purposes of these Terms:

"Services" means all services, software, applications, products, APIs, support, digital offerings, professional services, technical services, and related deliverables made available by King Henry.

"Apps" or "Applications" means any software application, SaaS product, API service, digital tool, integration, plugin, extension, or related software offering made available by King Henry through the HubSpot Marketplace, our website, or any other distribution channel.

"Client", "Customer", or "you" means the individual or entity using our Services or Apps.

"Agreement" or "Contract" means these Terms together with any Statement of Work, Order Form, proposal, quote, app listing terms, or other written agreement between you and King Henry.

"Professional Services" means consultancy, implementation, integration development, onboarding, training, technical support, advisory, and custom development services.

"Platform" means the HubSpot customer platform and ecosystem, including its APIs, marketplace, and related services, and may also include other third-party platforms integrated with or used in connection with our Services.

"Confidential Information" means non-public information disclosed by one party to the other, marked as confidential or reasonably understood to be confidential.

"Statement of Work" or "SOW" means a written document specifying the scope, timeline, deliverables, and pricing for Professional Services.

3. Services Offered

3.1 Professional Services

King Henry provides HubSpot-focused professional services including:

HubSpot Consultancy and Implementation: Strategic guidance, portal configuration, and deployment of HubSpot solutions tailored to your business requirements.
Integration Development: Custom integrations between HubSpot and third-party systems using APIs, middleware platforms, and custom code.
Onboarding and Training: Structured programmes to help your team effectively adopt and utilise HubSpot and related tools.
Technical Support: Ongoing assistance with HubSpot configuration, troubleshooting, and optimisation.
Custom Development: Bespoke solutions including workflow automation, custom properties, calculated fields, reporting, and related technical solutions.

Professional Services are delivered pursuant to a Statement of Work or engagement letter that specifies scope, deliverables, timeline, and fees.

3.2 Marketplace Applications and Software Products

King Henry develops and distributes Apps via the HubSpot Marketplace and potentially other platforms and channels. These Apps may extend HubSpot or other systems through integrations, automations, data processing, APIs, enhancements, or additional features.

We grant you a non-exclusive, non-transferable, revocable licence to use our Apps in accordance with these Terms and the specific functionality described in the applicable listing, documentation, product page, or order details. This licence is limited to your internal business purposes and may not be sublicensed, resold, or otherwise redistributed unless we expressly agree otherwise in writing.

Apps may be provided on a subscription, usage-based, one-off purchase, free, trial, beta, or other basis with pricing and billing details specified at the time of installation, purchase, or sign-up. We reserve the right to update, modify, or discontinue Apps with notice as set out in these Terms.

3.3 Support Services

Support for our Apps is provided through the channels and during the hours specified in each App's documentation, product page, or your service agreement. For Professional Services clients, support terms are defined in your SOW, retainer agreement, or other written agreement.

We commit to reasonable response times based on the severity of issues and your service level. Standard support includes:

Troubleshooting assistance for Apps and delivered solutions
Guidance on configuration and best practices
Bug fixes and critical updates
Access to documentation and knowledge resources

Support does not include training on basic HubSpot functionality, customisation beyond the original scope, issues caused by your systems or misconfiguration, or issues arising from third-party systems outside our control.

4. User Obligations and Acceptable Use

4.1 Account Security

You are responsible for maintaining the confidentiality of all credentials, API keys, passwords, and access tokens used to access our Services or Apps. You must:

Use strong, unique passwords and enable two-factor authentication where available
Restrict access to authorised personnel only
Immediately notify us at support@kinghenry.au if you suspect unauthorised access or security breaches
Accept responsibility for all activities conducted through your account

We are not liable for losses resulting from unauthorised use of your credentials unless caused by our negligence, willful misconduct, or breach of these Terms.

4.2 Acceptable Use

You agree to use our Services and Apps lawfully and in accordance with these Terms. You must not:

Use our Services or Apps for any illegal, fraudulent, abusive, or harmful purposes
Attempt to gain unauthorised access to our systems, other users' accounts, or connected platforms
Interfere with or disrupt the integrity, availability, or performance of our Services, Apps, or infrastructure
Reverse engineer, decompile, disassemble, or attempt to derive source code from our Apps except to the extent such restriction cannot lawfully be enforced
Remove, obscure, or alter any proprietary notices, labels, or marks
Use our Services to transmit malware, spam, or other malicious content
Exceed reasonable API usage limits or engage in activities that place excessive load on systems
Misrepresent your identity or affiliation
Use our Services or Apps in a way that violates any applicable law, regulation, third-party right, or platform terms, including HubSpot's terms and acceptable use rules
Use our Services or Apps to process or transmit data where you do not have the necessary rights, permissions, notices, or lawful basis to do so

We reserve the right to suspend or terminate access immediately if we reasonably believe you are in violation of these acceptable use provisions.

4.3 Client Responsibilities

To enable us to deliver Services effectively, you agree to:

Provide accurate, complete, and timely information necessary for service delivery
Respond promptly to requests for feedback, approvals, and decisions
Grant necessary access to your HubSpot portal, integrated systems, and relevant data
Maintain regular backups of your own data and configurations
Maintain an active, paid HubSpot subscription with appropriate permissions for Apps to function where required
Assign appropriately skilled personnel to work with our team
Comply with HubSpot's Terms of Service and Acceptable Use Policy, and the terms of any other platforms connected to our Services

Delays, failures, or additional costs resulting from failure to meet these responsibilities may be borne by you.

4.4 Customer-Configured Integrations and External Endpoints

Some Apps or Services may allow you to configure requests, workflows, integrations, or transmissions to third-party APIs, services, systems, or endpoints that are not operated or controlled by King Henry. You are solely responsible for selecting, configuring, validating, monitoring, and maintaining those third-party destinations and for reviewing their terms, privacy practices, security, performance, and availability.

King Henry does not control and is not responsible for the behaviour, content, functionality, uptime, security, legality, or data handling practices of any third-party API, endpoint, platform, or service configured by you or on your behalf.

4.5 Credentials, Secrets, and Authentication Data

You are solely responsible for any API keys, bearer tokens, passwords, client secrets, certificates, usernames, or other credentials that you provide, configure, transmit, or cause to be transmitted through our Apps or Services. You represent and warrant that you are authorised to use those credentials and to permit their use in connection with the relevant integration, request, workflow, or service.

King Henry is not liable for any loss, unauthorised access, or disclosure arising from credentials that are incorrectly configured by you, transmitted to insecure, incorrect, or unintended destinations, or exposed as a result of your systems, your chosen third-party services, or your instructions.

5. Pricing and Payment

5.1 Professional Services

Professional Services are priced according to one of the following models as specified in your SOW:

Hourly Rate: Services charged based on time spent at our prevailing hourly rates
Fixed Price: A set fee for defined deliverables and scope
Retainer: Pre-paid monthly allocation of hours or services

Invoices are issued according to the schedule in your SOW or other written agreement. Payment is due within 14 days of invoice date unless otherwise specified.

All fees are quoted and payable in Australian Dollars (AUD) unless otherwise agreed in writing.

5.2 App Pricing

App subscriptions or product charges are billed according to the pricing model displayed at the time of installation, purchase, or sign-up:

Monthly or annual subscription plans as offered
Usage-based pricing where applicable
Free trials, beta access, previews, or promotional pricing where offered, with terms clearly stated before activation
One-off purchase price where no ongoing subscription payment is required

Paid subscriptions automatically renew at the end of each billing period unless cancelled. You may cancel at any time, with cancellation taking effect at the end of the current billing period unless otherwise stated in writing or required by law.

We reserve the right to modify pricing with at least 30 days' written notice. Price changes will not affect your current billing period.

5.3 Taxes

All fees are exclusive of applicable taxes. For Australian clients, Goods and Services Tax (GST) will be added to invoices where applicable, and we will provide compliant tax invoices.

You are responsible for any taxes, duties, or levies imposed by your jurisdiction, excluding taxes on our net income. If you are required to withhold taxes from payments to us, you must pay any additional amounts necessary to ensure we receive the full invoiced amount unless prohibited by law.

5.4 Late Payment

Invoices not paid within the specified payment terms are subject to:

Interest charges at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower
Suspension of Services and App access until payment is received
Recovery of reasonable collection costs including legal fees where permitted by law

We will provide written notice before suspending Services for non-payment.

6. Intellectual Property

6.1 King Henry Intellectual Property

King Henry retains all rights, title, and interest in and to:

Our Apps, software, code, algorithms, APIs, infrastructure, and technology
Our methodologies, frameworks, processes, and best practices
Our pre-existing intellectual property and tools
Our branding, trademarks, and marketing materials
Templates, documentation, and knowledge resources

We grant you a limited, non-exclusive licence to use our Apps and deliverables solely for your internal business purposes in accordance with these Terms. This licence does not transfer ownership or permit you to create derivative works except to the extent expressly permitted in writing.

6.2 Client Intellectual Property

You retain all rights, title, and interest in:

Your business data, customer information, and proprietary content
Your business processes, strategies, and trade secrets
Your pre-existing intellectual property

You grant us a limited licence to access and use your data, materials, and systems solely to provide Services, support, security, maintenance, and service improvement in aggregated or anonymised form where lawful.

6.3 Work Product and Deliverables

For custom development work delivered under Professional Services:

Custom Configurations: Configurations specific to your HubSpot portal belong to you, but may incorporate our pre-existing components and methodologies, which remain our property.
Custom Code: Code written specifically for your requirements is licensed to you for perpetual internal use within your organisation unless otherwise agreed in writing. We retain the right to reuse generic functions, patterns, know-how, and non-proprietary components in other client work.
Documentation: Customised documentation created for your project is licensed to you for internal use.

Ownership terms for specific deliverables may be further detailed in your SOW or other written agreement.

6.4 Restrictions

You must not:

Reverse engineer, decompile, or disassemble our Apps or proprietary technology except to the extent such restriction cannot lawfully be enforced
Resell, sublicense, distribute, or provide access to our Apps or Services to third parties except as expressly authorised in writing
Remove or modify any proprietary notices or labels
Use our intellectual property to develop competing products or services using our confidential information or protected works
Extract or scrape data from our Apps for purposes beyond your licensed use

7. Data and Privacy

The collection, use, storage, and protection of personal information and data is governed by our Privacy Policy, available at https://kinghenry.au/privacy-policy. By using our Services or Apps, you acknowledge that you have read that policy and agree to it to the extent applicable.

We process data in accordance with:

Australian Privacy Principles under the Privacy Act 1988 (Cth)
HubSpot's Terms of Service and data processing requirements where applicable
Other applicable data protection laws and regulations

Key data principles:

Your Data Ownership: You retain ownership of all data you input into our Services or Apps.
Data Processing: We process your data solely to provide Services, support, security, maintenance, and related functionality as instructed by you and in compliance with applicable laws.
Data Security: We implement reasonable technical and organisational measures to protect data, but cannot guarantee absolute security.
Data Portability: Where applicable, you may export your data from our Apps during the period the relevant product or feature supports export. Upon termination, we will facilitate data export for a reasonable period where applicable.
Third-Party Access: Our Apps may require access to your HubSpot data and integrated third-party systems. You grant necessary permissions for us to deliver Services.

We will not sell or rent your data. We will not disclose your data to third parties except as necessary to provide Services, as required by law, as otherwise permitted by our Privacy Policy, or with your explicit consent.

7.1 Customer Responsibility for Data Transmissions

You are solely responsible for determining what data is submitted to, transmitted through, or made available via our Apps or Services, including whether any personal information, sensitive information, or regulated data is included. Where you configure an App or Service to send data to a third-party system, API, or endpoint, you are solely responsible for ensuring that you have all necessary rights, consents, notices, permissions, lawful bases, and contractual arrangements required under applicable privacy, data protection, and marketing laws.

You acknowledge that King Henry does not determine the content of customer-configured requests or the lawfulness of disclosures made by you through customer-configured integrations.

8. Warranties and Disclaimers

8.1 Service Warranties

We warrant that:

Professional Services will be performed in a professional and workmanlike manner consistent with industry standards
We will apply reasonable skill and care in delivering Services
We have the necessary rights and authorisations to provide the Services and licence the Apps

If Professional Services fail to meet these warranties, your sole remedy is for us to re-perform the affected Services at no additional charge or, if we cannot correct the issue, to refund fees paid for the non-conforming Services.

8.2 Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

Our Apps and Services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express, implied, or statutory.

We specifically disclaim all implied warranties including:

Warranties of merchantability, fitness for a particular purpose, and non-infringement
Warranties that Services will be uninterrupted, error-free, or completely secure
Warranties regarding the accuracy, reliability, or completeness of results
Warranties regarding third-party integrations, third-party endpoints, or platforms beyond our control

We do not guarantee:

Specific business results, outcomes, or return on investment
Compatibility with all third-party systems or future platform changes
That HubSpot, customer-configured endpoints, or integrated platforms will remain available, secure, or unchanged
That your use will meet all your requirements or expectations

Nothing in these Terms excludes, restricts, or modifies any guarantee, condition, warranty, right, or remedy implied or imposed by the Australian Consumer Law or any other applicable law that cannot lawfully be excluded, restricted, or modified.

8.3 Availability and Third-Party Dependencies

Our Apps and Services depend on third-party platforms, networks, hosting providers, internet connectivity, and customer-configured external services, including HubSpot and external APIs or endpoints configured by you. We do not guarantee uninterrupted availability, uptime, delivery, execution, or error-free operation. Temporary unavailability, delays, failed requests, failed workflow executions, data delivery failures, or degraded performance may occur due to maintenance, upgrades, platform changes, outages, third-party failures, internet disruptions, customer misconfiguration, or events beyond our reasonable control.

You are responsible for determining whether our Apps or Services are appropriate for your intended use case and for implementing fallback processes, monitoring, retries, and safeguards where service continuity, accuracy, or guaranteed delivery is important.

8.4 Beta, Preview, and Early Access Features

We may make available beta, preview, trial, pilot, or early access features, products, or Services. These offerings may be incomplete, unstable, subject to change, or discontinued at any time. Unless otherwise stated in writing, beta, preview, trial, pilot, or early access offerings are provided on an "as is" and "as available" basis and may not be subject to the same support commitments, documentation standards, or service levels as generally available offerings.

9. Liability and Indemnification

9.1 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

Our total aggregate liability to you for all claims arising out of or related to these Terms or the Services, whether in contract, tort, negligence, statute, or otherwise, shall not exceed:

For Professional Services: The total fees you paid to us in the 12 months immediately preceding the event giving rise to liability
For Apps or other paid products: The total fees you paid for the specific App, product, or Service in the 12 months immediately preceding the event giving rise to liability
For free Services or free Apps: AUD $100

Under no circumstances shall we be liable for:

Indirect, incidental, consequential, special, exemplary, or punitive damages
Loss of profits, revenue, business opportunities, data, or goodwill
Business interruption or loss of anticipated savings
Cost of substitute services or procurement
Damages arising from third-party claims, integrations, endpoints, or platforms
Damages resulting from your breach of these Terms, your instructions, or your misuse of Services

These limitations apply even if:

We have been advised of the possibility of such damages
A remedy fails of its essential purpose
The damages were reasonably foreseeable

9.2 Exceptions to Limitations

The limitations in Section 9.1 do not apply to:

Our gross negligence, willful misconduct, or fraud
Liabilities that cannot be limited or excluded under Australian Consumer Law or other applicable law
Death or personal injury caused by our negligence where liability cannot lawfully be excluded

For matters governed by Australian Consumer Law where liability cannot be excluded but may be limited, our liability is limited to, at our option:

For goods: Repair, replacement, or payment of the cost of repair or replacement
For services: Re-supply of the services or payment of the cost of re-supply

9.3 Indemnification

You agree to indemnify, defend, and hold harmless King Henry, its directors, officers, employees, contractors, and agents from and against all claims, damages, losses, liabilities, costs, and expenses, including reasonable legal fees, arising from or related to:

Your breach of these Terms or violation of applicable laws
Your misuse of Services or Apps
Your data, content, configured requests, workflows, or business processes
Your use of third-party APIs, platforms, endpoints, or credentials configured through our Services or Apps
Claims that your use infringes third-party rights or violates privacy, data protection, marketing, or confidentiality obligations
Your negligence or willful misconduct

We agree to indemnify you against third-party claims that our Apps or Services, when used by you in accordance with these Terms, infringe that third party's intellectual property rights, provided you:

Promptly notify us in writing of the claim
Grant us sole control of the defence and settlement
Provide reasonable cooperation in the defence

If an infringement claim is made or appears likely, we may at our option:

Obtain the right for you to continue using the affected Services or App
Modify the affected Services or App to be non-infringing
Replace the affected Services or App with non-infringing alternatives
Terminate the affected Services or App and refund prepaid, unused fees for the affected item

This states our entire liability and your sole remedy for intellectual property infringement claims.

10. Confidentiality

"Confidential Information" means all non-public information disclosed by one party ("Disclosing Party") to the other ("Receiving Party") that:

Is marked or identified as confidential or proprietary, or
Would reasonably be understood to be confidential given the nature of the information and circumstances of disclosure

Confidential Information includes technical specifications, business strategies, customer data, pricing, source code, and trade secrets.

Each party agrees to:

Maintain Confidential Information in strict confidence
Use Confidential Information only for purposes of performing under these Terms
Disclose Confidential Information only to employees, contractors, and advisors who need to know and are bound by similar confidentiality obligations
Protect Confidential Information with at least the same degree of care used for its own confidential information, but no less than reasonable care

Confidential Information does not include information that:

Is or becomes publicly available through no breach by the Receiving Party
Was rightfully known to the Receiving Party before disclosure
Is independently developed by the Receiving Party without use of Confidential Information
Is rightfully received from a third party without confidentiality restrictions
Is required to be disclosed by law or court order, with prompt notice to the Disclosing Party where legally permissible

These confidentiality obligations survive for three (3) years after the termination of these Terms, except for trade secrets which remain confidential for so long as they remain trade secrets under applicable law.

11. Term and Termination

11.1 Service Term

The term of this Agreement depends on the Services engaged:

Professional Services: Commences upon execution of a Statement of Work or other written agreement and continues until completion of deliverables or as otherwise specified
App Subscriptions: Commence upon installation, activation, or sign-up and continue on a monthly, annual, or other basis as selected, automatically renewing until cancelled
Support Services: Continue on an ongoing basis until terminated by either party

11.2 Termination Rights

Termination for Convenience:

For App subscriptions, either party may terminate at any time with termination effective at the end of the current billing period
For Professional Services, either party may terminate with 30 days' written notice, subject to payment for work performed and committed resources
For support retainers, either party may terminate with 30 days' written notice

Termination for Cause:

Either party may terminate immediately upon written notice if the other party:

Materially breaches these Terms and fails to cure within 14 days of written notice
Becomes insolvent, enters bankruptcy proceedings, or ceases business operations
Engages in fraudulent or illegal conduct

Additional Suspension or Termination Rights:

We may immediately suspend or terminate Services if:

Payment is overdue by more than 30 days
Your use violates Section 4.2
Your use poses security risks, compliance risks, or excessive load on our systems
Your use of third-party endpoints or workflows creates a risk to us, our infrastructure, third parties, or platform partners
Required by law or order of a governmental authority

11.3 Effect of Termination

Upon termination or expiration:

Payment Obligations:

You remain obligated to pay all fees incurred prior to termination
We are not obligated to refund prepaid fees except where expressly stated in these Terms, agreed in writing, or required by law
For fixed-price projects terminated for convenience, you pay for work completed and committed costs on a pro-rata basis or as otherwise agreed in the relevant SOW

Data and Confidential Information:

Where applicable, we will make reasonable efforts to facilitate export of your data from Apps for 30 days following termination
Each party will promptly return or destroy the other party's Confidential Information, except for archival copies retained for legal, compliance, backup, or record-keeping purposes
We may retain anonymised or aggregated data for analytics, security, and service improvement where lawful

Access:

Your access to Apps and Services may cease immediately or at the end of the applicable billing period, depending on the basis of termination
Any integrations, endpoints, or credentials we maintain on your behalf may be disabled

Survival:

The following sections survive termination: 2, 5.4, 6, 7 to the extent relevant to processing completed prior to termination, 9, 10, 11.3, 13, 14, and 15.

12. Changes to Services and Terms

12.1 Service Modifications

We reserve the right to modify, update, enhance, suspend, or discontinue any aspect of our Services or Apps at any time. We will provide you with:

30 days' notice for material adverse changes to paid App functionality where reasonably practicable
Reasonable notice for enhancements, updates, pricing changes, or non-material changes
Immediate changes for security patches, legal compliance, abuse prevention, or emergency fixes

If a material adverse change renders a paid App substantially less functional, you may terminate your subscription for that affected App and receive a pro-rata refund of prepaid fees for the unused portion of the affected billing period.

12.2 Terms Updates

We may update these Terms from time to time to reflect changes in our Services, business practices, or legal requirements. We will provide notice of material changes by one or more of the following methods:

Posting updated Terms on our website with a revised "Effective Date"
Sending notice to your registered email address at least 30 days before material changes take effect where reasonably practicable
Displaying a prominent notice within Services or Apps

Your continued use of Services or Apps after the effective date of updated Terms constitutes acceptance of the revised Terms. If you do not agree to the updated Terms, you may stop using the Services or terminate your use pursuant to Section 11.2.

For material changes that adversely affect your rights, we may require your affirmative consent before the changes take effect where required by law or platform rules.

13. Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any guarantee, condition, warranty, right, or remedy you may have under the Competition and Consumer Act 2010 (Cth), the Australian Consumer Law, or other applicable consumer protection laws that cannot lawfully be excluded, restricted, or modified ("Non-Excludable Rights").

If the Australian Consumer Law or other applicable law implies a guarantee or warranty into these Terms that cannot be excluded, our liability for breach of such Non-Excludable Right is limited to, at our option:

For goods: Repair, replacement, or payment of the cost of repair or replacement
For services: Re-supply of the services or payment of the cost of re-supply

This limitation does not apply where such limitation would be contrary to law.

Your Rights:

You may have rights under the Australian Consumer Law including guarantees that services will be rendered with due care and skill, be fit for purpose, and that goods are of acceptable quality. Nothing in these Terms is intended to mislead you about your consumer rights or limit them beyond what is permitted by law.

For more information about your rights as a consumer, visit the Australian Competition and Consumer Commission website at www.accc.gov.au.

14. Dispute Resolution

14.1 Informal Resolution

Before initiating formal proceedings, the parties agree to attempt to resolve disputes through good faith negotiation.

Process:

A party with a grievance must provide written notice to the other party describing the dispute
Senior representatives of both parties will meet, in person or virtually, within 14 days to attempt resolution
The parties will negotiate in good faith for at least 30 days before pursuing other remedies

This requirement does not prevent either party from seeking urgent injunctive or equitable relief or provisional remedies.

14.2 Mediation

If informal negotiation fails to resolve the dispute within 30 days, either party may require the dispute to be referred to mediation before commencing legal proceedings.

Mediation Process:

Mediation will be conducted by a single mediator agreed upon by both parties
If the parties cannot agree on a mediator within 14 days, either party may request appointment by the Australian Disputes Centre or equivalent body
Mediation will be conducted in accordance with the mediator's or appointing body's standard procedures
Each party will bear its own costs, with mediator fees split equally

Mediation is not required for disputes seeking urgent relief or matters under AUD $25,000.

14.3 Jurisdiction and Governing Law

These Terms are governed by the laws of New South Wales, Australia, and you submit to the exclusive jurisdiction of the courts of New South Wales and courts of appeal from them for resolution of disputes.

For international clients: If you are located outside Australia, the parties agree that Australian law applies and disputes will be resolved in Australian courts, except where this would be contrary to mandatory consumer protection laws in your jurisdiction.

The parties expressly exclude application of the United Nations Convention on Contracts for the International Sale of Goods.

15. General Provisions

15.1 Relationship of Parties

You and King Henry are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, franchise, employment, or fiduciary relationship between the parties. Neither party has authority to bind or obligate the other.

15.2 Force Majeure

Neither party will be liable for delays or failures in performance resulting from causes beyond their reasonable control, including:

Acts of God, natural disasters, pandemics, or severe weather
War, terrorism, civil unrest, or government actions
Labour disputes, strikes, or lockouts
Failure of telecommunications, internet, or utility providers
Failure or unavailability of third-party platforms including HubSpot
Cyberattacks or data breaches affecting third-party infrastructure

The affected party must provide prompt notice and use reasonable efforts to minimise delay. If the force majeure event continues for more than 60 days, either party may terminate the affected Services upon written notice.

15.3 Assignment

You may not assign, transfer, or delegate these Terms or any rights or obligations hereunder without our prior written consent. Any attempted assignment without consent is void.

We may assign these Terms in connection with a merger, acquisition, corporate reorganisation, or sale of all or substantially all of our assets upon notice to you. We may also assign or subcontract performance obligations to affiliates, contractors, or agents provided we remain responsible for their performance to the extent required by law.

15.4 Entire Agreement

These Terms, together with any Statement of Work, Order Form, proposal, quote, app listing terms, or other written agreement expressly referencing these Terms, constitute the entire agreement between you and King Henry regarding the subject matter and supersede all prior or contemporaneous understandings, agreements, representations, and warranties.

In the event of conflict between these Terms and a Statement of Work or other signed written agreement, that document prevails solely with respect to the specific Services covered by it.

15.5 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable while preserving the parties' original intent, or if modification is not possible, will be severed from these Terms.

15.6 Waiver

No waiver of any provision of these Terms will be deemed or will constitute a waiver of any other provision, nor will any waiver constitute a continuing waiver unless expressly stated in writing and signed by the waiving party.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights or provisions.

15.7 Notices

All legal notices required under these Terms must be in writing and delivered by email to the relevant address specified in Section 16.

Notices are deemed delivered when confirmation of receipt is received or 24 hours after sending, whichever is earlier, provided it is a business day.

Each party may update its contact details for notices by providing written notice to the other party.

16. Contact Information

King Henry Group Pty Ltd

Australian Business Number (ABN): 78 682 830 511

Support Email: support@kinghenry.au
General Enquiries: hello@kinghenry.au

Phone: 0489 075 532

Business Hours: Monday to Friday, 9:00 AM to 5:30 PM AEST/AEDT, excluding public holidays

Website: https://kinghenry.au

For urgent support matters outside business hours, please email support@kinghenry.au and we will respond as soon as practicable.

17. Acknowledgment and Acceptance

By installing a King Henry App, purchasing or using a King Henry product, engaging our Professional Services, or otherwise using our Services, you acknowledge that:

You have read and understood these Terms
You agree to be bound by these Terms
You have the authority to enter into this agreement
These Terms form a legally binding agreement between you and King Henry