Terms & Conditions

This Terms of Services Agreement (“Agreement”) is between QuickAML (“QuickAML”), and the Customer identified in the Proposal (“Customer”), and is effective as of the Commencement Date. This Agreement allows the Customer access to the Services under one or more Proposal documents. Certain capitalised terms are defined in clause 1 (Definitions and Interpretation) and others are defined contextually in this Agreement.

By informing us that you accept the Proposal, you:

Agree to the QuickAML Services and setting up an account with QuickAML;
Agree to the terms set out in this Agreement;
Agree to our Privacy Policy; and
Confirm, where your access and use is on behalf of another Person (e.g., a company), that you are authorised to agree to this Agreement on that Person’s behalf and that, by doing so, that Person is bound by this Agreement.

If you do not agree to this Agreement, you are not authorised to access and use QuickAML Services, and must immediately stop doing so.

1. Definitions and Interpretation

1.1 Definitions

Agreement: means this Agreement, including all order forms, sections, schedules, and documents incorporated by reference.
AML/CTF Act: means the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 (Cth), as well as any regulations or rules made under such act.
AML/CTF Jurisdiction: means the jurisdiction indicated as such in the applicable Proposal.
QuickAML: means the software as a service platform delivered via the online platform and mobile application, having the core functionality described on the QuickAML website.
QuickAML Australia Pty Ltd or QuickAML: means QuickAML Australia Pty Ltd, being the company providing the Service to the Customer.
Analytical Data: means anonymised and aggregated statistical and analytical data derived from Data and information in relation to your use of QuickAML Services.
Australian Consumer Law: means the Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Business Days: means any day (other than a Saturday, Sunday, or public holiday) on which registered banks are open for normal banking business in the AML/CTF Jurisdiction. A business day starts at 8:30 am and ends at 5:00 pm.
Commencement Date: means the date the signed Proposal for the software and services is signed and returned.
Confidential Information: means any information that is not public knowledge and that is obtained from the other party in the course of, or in connection with, the provision and use of QuickAML Services. Our Confidential Information includes Intellectual Property owned by us (or our licensors), including the Software. Your Confidential Information includes the Data.
Customer or you: means the Reporting Entity entering this Agreement (and your has a corresponding meaning).
Data: means all data, content, materials, documents, and information (including Personal Information) owned, held, collected, stored, used, created, or otherwise handled by you or on your behalf that is stored using, inputted into, or processed by QuickAML Services, including any Personal Information of a Subject.
Dispute: means a claim or dispute which has arisen from or in connection with this Agreement or the QuickAML Services, save for any claim regarding a failure to pay Fees.
Documentation: means the user and technical documentation designed to enable you and your Personnel to properly access and use QuickAML Services (if any) and includes any update of the documentation.
Electronic Check: means any checks that may be conducted by us or our clients with respect to a Subject against:
Politically exposed persons (PEP) lists;
Sanctions lists;
Publicly available media/press to obtain further information about an individual’s background;
Electronic Identity and proof of address verification; and
Other checks required by our software or enabled for our clients to facilitate meeting their AML obligations.
Feedback: has the meaning given to it in clause 7.6.
Fees: means the applicable fees set out in any signed Proposal or as agreed otherwise in writing between you and us, as may be updated from time to time in accordance with clause 6.
Force Majeure: means an event or circumstance which is beyond the reasonable control of a party, whether or not it was reasonably foreseeable when entering into this Agreement, including:
Natural catastrophes, strikes, accidents, power failures, acts of war, terrorism, civil or military disturbances; and
Epidemics, pandemics, and government-sanctioned restrictions and orders;
But excluding an event to the extent that it could have been avoided by a party taking reasonable steps or care, or a lack of funds for any reason.
Government Verification Services: means an identity or document verification service provided by or on behalf of a government or government agency.
GST: means Goods and Services Tax payable under the applicable law of the AML/CTF Jurisdiction.
Identity Check: means an attempt to verify a Subject’s identity.
Individual: means any natural person, wherever resident.
Intellectual Property Rights: includes copyright and all rights existing anywhere in the world conferred under statute, common law, or equity relating to inventions (including patents), registered and unregistered trademarks and designs, circuit layouts, data and databases, confidential information, know-how, and all other rights resulting from intellectual activity.
Intellectual Property: has a consistent meaning, and includes any enhancement, modification, or derivative work of the Intellectual Property.
IP Claim: means a claim that alleges QuickAML infringes a third party’s Intellectual Property Rights.
KYC: means the know-your-customer, know-your-client, or identification procedure carried out by QuickAML or by our client on a Subject, including any Identity Check and Screening Check.
Loss: means any liability, claim, proceeding, cost, expense, and loss of any kind.
Objectionable: includes being defamatory, obscene, harassing, threatening, harmful, or unlawful in any way.
Order: means an order for access to the Services, Support, Technical Services, or related services that is executed by Customer and references this Agreement.
Outsourcing: means the provision by QuickAML of know-your-customer procedures on behalf of our client.
Party: means the parties to the Agreement, and Parties has a corresponding meaning.
Payment Terms: refers to the payment schedule, method, currency, and tax terms set out in this Agreement or a Proposal.
Permitted Users: means any employee or contractor of the Customer or an authorised affiliate in accordance with clause 4.5.
Person: includes an individual, a body corporate, an association of persons, a trust, a government agency, or any other entity.
Personal Information: has the meaning given to it in the Privacy Act.
Personnel: includes officers, employees, contractors, and agents (a reference to your Personnel does not include QuickAML).
Privacy Act: means the Privacy Act 1988 (Cth).
Privacy Policy: means our privacy policy available on our Website, as updated from time to time.
Proposal: means any document or agreement executed by both parties describing the Services, applicable fees, milestones, and technical specifications.
Reporting Entity: means an entity captured by the AML/CTF Act and required to meet legislated AML/CTF obligations.
Services: means any service elected by you from those listed in the signed Proposal, including QuickAML SaaS, outsourcing, consultancy, AML audit/review, KYC verification, and training. Services exclude obligations the Customer must perform itself under the AML/CTF Act.
Software: means the software owned by us (and our licensors) used to provide QuickAML Services.
Start Date: means the date you accept the Proposal, register an account, or first access the QuickAML Services, whichever is earlier.
Subjects: means your clients/customers on whom KYC is conducted, including beneficial owners and individuals acting on their behalf.
Term: means the initial term of an Agreement as set out in any Proposal.
Third Party Services: means any third-party database, feed, or interface used to deliver the Services (including Government Verification Services).
Underlying Systems: means the Software, IT infrastructure, systems, and networks used to host and run QuickAML Services.
User ID: means a unique identification credential assigned to each user accessing QuickAML.
Verification Services: means identity, document, business, screening, monitoring, and compliance verification services provided by QuickAML.
We, us, or our: means QuickAML Australia Pty Ltd (QuickAML).
Website: means the internet site at quickaml.com.au (or such other domain notified to you).

1.2 Interpretation

Words in the singular include the plural and vice versa.
A reference to a statute includes all regulations, amendments, and replacements made under it.

2. Changes

2.1 Updates to Terms:QuickAML may amend this Agreement by publishing an updated version on its Website. Amendments not materially reducing your rights take effect the next Business Day. For material adverse changes, QuickAML will give at least 30 days’ prior notice. If you do not agree, you may opt out of affected Services prior to the effective date.

2.2 Non-Fee Disputes on Changes: If you object in writing within 14 days of a posted update, the prior terms continue for 3 months or until the current term renewal (whichever is earlier), after which the updated terms apply. If QuickAML cannot reasonably support the prior terms due to legal or product constraints, the affected Services may be terminated upon written notice.

3. Provision of QuickAML Services

3.1 Service Standards: QuickAML will provide the Services exercising reasonable care, skill, and diligence, complying with applicable Australian laws, maintaining standard security and privacy protocols, and providing necessary verification information required for AML/CTF compliance.

3.2 Agency Appointment: Under section 37 of the AML/CTF Act, the Customer appoints QuickAML as its agent for collecting and verifying KYC information in respect of Subjects, and QuickAML accepts this appointment.

3.3 Non-Exclusivity: QuickAML provides Services on a non-exclusive basis.

3.4 Availability: QuickAML aims for 24/7 availability, subject to planned maintenance, unexpected downtime, or Force Majeure events.

3.5 Operational Hours: Certain manual or managed services (such as outsourced KYC reviews) operate strictly during standard Business Days.

3.6 Third-Party Dependencies: If a third-party data provider terminates or alters its service terms, QuickAML will attempt to source an equivalent alternative. If no alternative is available, affected services may be terminated or associated fees adjusted pro-rata.

3.7 Third-Party Sourcing: QuickAML is not liable for performance delays caused directly by third-party data providers outside its reasonable control.

3.8 Professional Advice Limitations: Interim, oral, or draft reports do not represent final advice. Final deliverables may not be shared with third parties without written consent, except when provided directly to your AML/CTF regulator upon statutory request.

3.9 Customer Responsibility Under AML/CTF Act:

Statutory obligations under the AML/CTF Act remain solely with the Customer as the Reporting Entity.
QuickAML’s role under section 37 is limited to assisting with data collection and verification; ultimate regulatory liability remains with the Customer.
The Customer is exclusively responsible for onboarding decisions, Ongoing Customer Due Diligence (OCDD), and lodging Suspicious Matter Reports (SMRs) or Threshold Transaction Reports (TTRs).

4. Your Obligations

4.1 Permitted Use: You and your Personnel must use QuickAML Services solely for lawful, internal business operations.

4.2 No Reselling: You must not resell, sub-licence, or commercially exploit QuickAML data or access without explicit written authorization.

4.3 System Integrity: You must not compromise the security, integrity, or operational performance of the Underlying Systems, nor attempt unauthorized access to other accounts or data.

4.4 Application Usage: You must:

Use the QuickAML app and platform solely alongside the agreed Services;
Refrain from reverse engineering, decompiling, or modifying the Software;
Maintain adequate access controls and protect credentials;
Ensure all data and Subject information provided is accurate, complete, and legally collected with proper Subject consent.

4.5 Indemnity: You indemnify QuickAML against any Losses resulting from:

Breach of this Agreement or privacy legislation;
Inaccurate, fraudulent, or missing Subject data;
Third-party IP or privacy infringement claims arising from your Data;

Except to the extent caused by QuickAML’s direct negligence or wilful misconduct.

4.6 User Credentials: User IDs and passwords must remain confidential. You must immediately report any credential compromise to support@quickaml.com.au.

4.7 Consents & Authorisations: You are responsible for securing all necessary consents from Subjects prior to initiating Electronic Checks or KYC processing.

5. Data

5.1 Data Access: QuickAML access to Data is strictly limited to providing and maintaining the Services.

5.2 Data Ownership: All customer-provided Data remains your exclusive property and Confidential Information. QuickAML will not sell or commercialise raw Data.

5.3 Analytical Data: Subject to prior agreement, QuickAML may generate anonymised, aggregated Analytical Data for product improvement and statistical reporting. Title to Analytical Data belongs to QuickAML.

5.4 Privacy Compliance: To the extent Data contains Personal Information, you warrant that all required statutory disclosures and privacy collection statements have been made to the Subject.

5.5 Backups: While QuickAML maintains robust backup protocols, you are advised to maintain independent business records.

5.6 Hosting & Security: Data is stored and processed across enterprise-grade, secure cloud infrastructure. QuickAML exercises due care in vendor selection.

5.7 Retention Period: Data will be retained in accordance with statutory requirements under the AML/CTF Act.

6. Fees & Payment

6.1 Invoicing & Payment: Fees must be paid electronically in cleared funds by the 20th day of the month following invoice issue date.

6.2 Taxes: All quoted Fees are exclusive of GST unless stated otherwise.

6.3 Overdue Amounts: Overdue balances accrue interest at the corporate overdraft rate of our primary trading bank plus 2% per annum.

6.4 Suspension for Non-Payment: Accounts overdue by more than 20 days may face immediate service suspension, debt collection escalation, and recovery fees.

6.5 Payment Inquiries: For billing support or arrangements, contact info@quickaml.com.au.

6.6 Fee Adjustments:QuickAML may adjust Fees by providing at least 30 days’ written notice. If you do not accept the increase, you may terminate within 5 days of notice; otherwise, updated rates apply.

6.7 Data Retention Fees: Extended statutory data storage requested post-termination is billed at 50% of the annualised subscription rate, payable annually in advance.

7. Intellectual Property

7.1 Platform IP: All Intellectual Property Rights in QuickAML, the Website, Software, and Underlying Systems remain the exclusive property of QuickAML and its licensors.

7.2 IP Indemnity: QuickAML will defend and indemnify you against third-party claims alleging that your authorised use of QuickAML infringes third-party IP rights, provided you notify us within 14 days and give us conduct of the defense.

7.3 Exclusions: Indemnity does not apply if the claim arises from your breach, unauthorised modifications, or combination with non-approved software.

7.4 Customer Data Licence: You grant QuickAML a non-exclusive licence to host, process, and transfer Data solely to deliver the agreed Services.

7.5 Feedback: Any suggestions or feature requests provided regarding QuickAML become the exclusive property of QuickAML without compensation obligations.

8. Confidentiality

8.1 Obligations: Both parties agree to protect Confidential Information using reasonable care and disclose it only to Personnel or advisors requiring access on a need-to-know basis.

8.2 Exceptions: Confidentiality does not apply to information that is public knowledge through no breach, independently developed, required to be disclosed by law, or shared with regulatory authorities.

9. Warranties & Disclaimers

9.1 Authority: Both parties warrant that they hold the legal power and authority to enter into this Agreement.

9.2 Disclaimer:To the maximum extent permitted by Australian Consumer Law, Services are provided on an “as is” basis without warranties of uninterrupted uptime or error-free outputs.

9.3 Regulatory Consents: You warrant that all necessary consents have been obtained from Subjects before submitting verification requests.

10. Liability

10.1 Liability Cap:QuickAML’s total aggregate liability under or in connection with this Agreement is strictly limited to the total Fees paid by you in the 12 months preceding the claim.

10.2 Consequential Loss: Neither party is liable for indirect, incidental, special, or consequential loss, loss of profit, loss of revenue, or business interruption.

10.3 Mitigation: Both parties must take reasonable steps to mitigate any losses.

10.4 Insurance:QuickAML maintains Professional Indemnity & Cyber Liability insurance coverage.

11. Term, Termination & Suspension

11.1 Term & Renewal:This Agreement starts on the Start Date and automatically renews for successive 12-month periods unless either party gives at least 60 days’ written notice prior to term expiry.

11.2 Termination for Cause: Either party may terminate immediately if the other party commits a material breach not remedied within 10 days of written notice, or enters into insolvency/administration.

11.3 Post-Termination Data: Data will be deleted within 31 days following termination unless you elect for ongoing statutory archiving under clause 11.10 or request a data export beforehand.

11.4 Emergency Suspension: QuickAML reserves the right to immediately suspend access if system security is threatened, unauthorized activity is detected, or misuse occurs.

12. Electronic Communication

12.1 Notices: Communication and legal notices will be delivered electronically via email or platform notifications.

12.2 Contact Information: Official notices to QuickAML should be directed to support@quickaml.com.au.

13. General Provisions

13.1 Independent Contractors: QuickAML acts as an independent contractor; nothing creates a partnership or joint venture, except for the agency appointment in clause 3.2.

13.2 Severability: If any provision is deemed unenforceable, the remaining terms remain fully enforceable.

13.3 Entire Agreement: This Agreement and the Proposal constitute the entire understanding between the parties.

14. Governing Law & Dispute Resolution

14.1 Jurisdiction: This Agreement is governed by the laws of New South Wales, Australia (or your specified AML/CTF Jurisdiction).

14.2 Mediation: Before initiating formal legal proceedings (except for urgent interlocutory relief), parties must attempt dispute resolution in good faith via mediation under Resolution Institute Mediation Rules.

15. Non-Solicitation

15.1 Restrictions: During the Term and for six (6) months following termination, neither party may directly solicit or hire any employee or contractor of the other party who was involved in the delivery or receipt of Services without written consent.

Schedule 1: Supplementary Terms for Third-Party Verification Services

Authorisation: You authorise QuickAML to submit Verification Transactions on your behalf to third-party providers and Responsible Government Agencies.

Permitted Purpose: You must use Verification Services exclusively for lawful identity verification, fraud prevention, and statutory AML/CTF compliance.

Subject Consent: You warrant that informed, explicit consent has been collected from each individual Subject prior to executing identity or document checks.

Third-Party Data Accuracy: QuickAML is not liable for data inaccuracy or system downtime arising directly from third-party credit bureaus, government document databases, or global screening feeds.

QuickAML Terms & Conditions