Terms of Business

BlueArc Technologies · Last updated 20 August 2026

These terms govern the supply of software and services by BlueArc Technologies Pty Ltd to a client. They apply from the date a client accepts a BlueArc proposal or order, and they apply to every BlueArc product and service unless a signed agreement between the parties says otherwise.

They should be read together with the accepted proposal, which sets out the scope, the fees and the payment schedule for that engagement. Where the proposal and these terms conflict, the proposal prevails for that engagement.

BlueArc is a software company. It licenses and operates its own software. It does not resell third party software or hardware.

1. Intellectual property

The BlueArc platform, its source code, architecture, configurations, workflows and methodologies are and remain the property of BlueArc Technologies Pty Ltd.

A client is granted a non exclusive, non transferable right to use the platform for its own business purposes for as long as the client holds a current subscription and its account is not in arrears. That right is not a sale, an assignment or a perpetual licence. It ends when the subscription ends.

The client may not resell, sublicense, distribute, copy, decompile or reverse engineer the platform, and may not permit a third party to do so.

2. Your data

The client owns its data at all times. BlueArc holds it to deliver the service and for no other purpose.

Client data is not used to train any artificial intelligence model, whether BlueArc's or a third party's.

Client data is stored on Australian infrastructure in the Sydney region. Where BlueArc engages a third party service provider, including cloud hosting, communications and artificial intelligence providers, those services are also located in Australia. If that ever changes, BlueArc will notify affected clients in advance and will take reasonable steps to ensure the recipient handles the data in a manner consistent with the Australian Privacy Principles.

BlueArc will implement and maintain appropriate technical and organisational measures to protect client data in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles. How BlueArc handles personal information is set out in the Privacy Policy.

3. Confidentiality

Both parties will treat information shared during the engagement as confidential and will not disclose it to a third party without prior written consent, unless required by law.

4. Technical warranty

BlueArc warrants that the platform, as configured for the client, will be free of material technical defects for 30 days after launch. A defect means the platform failing to do its documented job because of a coding, integration or configuration fault. Defects reported in that window are fixed at no extra cost.

An enhancement or change request is a change to scope beyond what the proposal describes, and is quoted and approved separately.

This warranty is in addition to, and does not limit, any guarantee, right or remedy the client has under the Australian Consumer Law or any other law that cannot lawfully be excluded.

5. Responsibility for professional judgement

BlueArc software evaluates readings, records and documents against the standards, rules and limits configured in the platform, and produces an auditable record of what it did.

Responsibility for the underlying judgement, the certification or compliance decision, and the final position of any asset, worker, product or lodgement remains with the client and its qualified personnel. The platform supports that work. It does not replace professional judgement.

6. Scope and change orders

The scope of an engagement is the implementation and platform described in the accepted proposal. If additional complexity, requirements or opportunities emerge during discovery or implementation, BlueArc will document the change, provide a written estimate of the extra time and cost, and obtain the client's written approval before doing the work.

7. Fees and payment

Fees, the payment schedule and the currency are set out in the accepted proposal. All amounts are in Australian dollars and exclusive of GST unless stated otherwise.

Invoices are payable within 14 days of the invoice date.

BlueArc will give at least 60 days' written notice of any change to an ongoing fee. A client who does not accept the change may terminate on written notice within that 60 day period, and the change will not apply to them before termination takes effect.

Where an account remains unpaid, BlueArc may suspend access to the platform after giving the client written notice and a reasonable opportunity to bring the account up to date. Suspension does not affect the client's right to an export of its data under clause 9.

8. Term and termination

An ongoing service runs month to month unless the proposal states otherwise. Either party may end the engagement on 90 days' written notice.

On early termination BlueArc will invoice for work completed to that date and refund any pre paid fees for undelivered services on a pro rata basis.

Either party may terminate immediately by written notice if the other commits a material breach and does not remedy it within 30 days of being asked to, or becomes insolvent.

9. Your data on termination

The client's data belongs to the client and BlueArc will return it.

On termination, and on request at any time during the engagement, BlueArc will provide the client with a complete export of its data in a common, machine readable format, at no charge. BlueArc will provide that export within 30 days of the request.

BlueArc will retain the client's data for 90 days after termination so that a late export request can still be met, and will then delete it, other than records BlueArc is required by law to keep. BlueArc will confirm deletion in writing on request.

For clarity, the right in this clause is a right to the client's own data. It is not a licence to the platform, the configuration, the source code or any other BlueArc intellectual property, and no such licence survives termination.

10. Optional perpetual licence after termination

Termination does not require a client to buy anything. A client may terminate under clause 8, take the export under clause 9, and owe BlueArc nothing further.

Separately, and entirely at the client's option, a client whose engagement has ended may purchase a perpetual licence to continue running the instance as configured for it at the termination date. This is an option, not an obligation. A client who declines it is in no worse position than clause 9 already leaves them.

The fee for that licence is 60 months of the client's then current monthly service fee, exclusive of GST. BlueArc sets that fee and it is not negotiable. A client who does not accept it does not receive the licence.

Where a client purchases the licence, BlueArc will grant a perpetual, non exclusive, non transferable licence to run that instance as configured at the termination date, and will provide the configuration and workflow definitions for the instance, the integration specifications, the operating documentation reasonably required for a competent third party to host and support it, and up to twenty hours of handover assistance at no additional cost.

The client may appoint a third party of its choosing to host, support and maintain the licensed instance, provided that party first enters into a written confidentiality and intellectual property protection undertaking with BlueArc on reasonable terms. BlueArc will not unreasonably withhold or delay approval, although approval may be withheld where the proposed party is a direct competitor of BlueArc in the same software market.

For clarity, this does not transfer ownership of the BlueArc platform, its source code, its architecture or any other BlueArc intellectual property. The licence is limited to the client's instance as configured at the termination date, and the client may not resell, sublicense or distribute it. BlueArc has no obligation to provide updates, enhancements, security patches or support after the termination date, and gives no warranty in respect of the instance once it is hosted or modified by a party other than BlueArc.

11. Free and trial services

Some BlueArc services are offered without charge, including assessment tools, walkthroughs and demonstrations. Those services are provided as they are. BlueArc gives no warranty in respect of them beyond what the law requires and may change or withdraw them at any time.

12. Limitation of liability

Nothing in these terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy that the client has under the Australian Consumer Law or any other law, to the extent it cannot lawfully be excluded, restricted or modified.

Subject to the paragraph above, BlueArc's total liability under an engagement is capped at the total fees paid by the client in the 12 months before the claim, and neither party is liable to the other for indirect, consequential or incidental loss.

Where BlueArc is liable for a failure to comply with a consumer guarantee in relation to services, and the services are not of a kind ordinarily acquired for personal, domestic or household use, BlueArc's liability is limited, at BlueArc's option, to supplying the services again or paying the cost of having them supplied again.

13. Dispute resolution

Disputes will first be addressed through good faith negotiation between the parties. If a dispute is unresolved after 30 days, the matter goes to mediation before either party commences court proceedings. This clause does not prevent either party seeking urgent relief from a court.

14. Governing law

These terms are governed by the laws of New South Wales, Australia. The parties submit to the non exclusive jurisdiction of the courts of New South Wales.

15. Changes to these terms

BlueArc may update these terms from time to time. The terms that apply to an engagement are those published at the date the client accepted the proposal for that engagement, unless both parties agree a change in writing. BlueArc will give clients at least 30 days' written notice before any change takes effect for their engagement.

16. Contact

BlueArc Technologies Pty Ltd, ABN 61 690 034 121. Questions about these terms can be sent to [email protected].