Digital Operational Resilience Addendum (DORA)

Important: This Addendum is not a standard customer-facing document. It is available on request only for enterprise customers that are financial-sector entities subject to Regulation (EU) 2022/2554 on digital operational resilience for the financial sector (“DORA”), or that otherwise require equivalent contractual terms.

Standard Australian trade, construction and service-business customers are not subject to DORA. This Addendum does not apply to them unless it is expressly incorporated into a signed Statement of Work (SOW).

1. Application and Interpretation

1.1 This Addendum applies only where:

(a) the Customer is a financial-sector entity (or otherwise requires contractual terms addressing DORA or equivalent digital operational resilience obligations); and
(b) this Addendum is expressly incorporated into the applicable SOW.

1.2 This Addendum does not apply to standard Australian trade, construction or service-business customers unless expressly incorporated into an SOW.

1.3 The Customer must promptly notify Tradie View Pty Ltd in writing if it considers itself subject to DORA or similar digital operational resilience obligations, and must state whether the relevant ICT services support a critical or important function of the Customer.

1.4 Capitalised terms used but not defined in this Addendum (including “Customer Data”, “Fees”, “SOW” and “Agreement”) have the meaning given in the Agreement, including the Terms & Conditions, Data Processing Addendum and Product Terms.

2. Relationship with the Agreement

2.1 This Addendum supplements the Terms & Conditions, Data Processing Addendum, Product Terms, Security Statement and the applicable SOW.

2.2 If there is a conflict, this Addendum prevails only to the extent necessary to satisfy the applicable DORA-related obligation, and only for the relevant ICT services expressly identified in the SOW.

3. ICT Services, Location and Subcontracting

3.1 The SOW must identify the relevant ICT services, service locations, data processing locations, material subcontractors and any criticality assessment required by the Customer.

3.2 Tradie View Pty Ltd will give the Customer at least 30 days’ prior written notice of any material change to processing locations or subcontractors used to provide the relevant ICT services, or such other period as is required by the SOW or applicable law.

3.3 Where the relevant ICT services support a critical or important function of the Customer, Tradie View Pty Ltd will not engage a new subcontractor to perform a material part of those services without first giving the Customer a reasonable opportunity to object on reasonable data-protection or operational-resilience grounds. If a reasonable objection cannot be resolved, the Customer may terminate the affected ICT services without penalty for the remainder of any committed term, and TradieView will refund a pro-rata portion of any prepaid Fees for the unused remainder of the term.

4. Security and Resilience

4.1 Tradie View Pty Ltd will maintain reasonable technical and organisational measures designed to support the availability, authenticity, integrity and confidentiality of Customer Data.

4.2 Measures include access controls, encryption in transit (TLS/HTTPS) and at rest, monitoring, backups, logging, incident response, provider controls and recovery processes, as further described in the Security Statement and Data Processing Addendum.

4.3 The service levels applicable to the relevant ICT services (including any availability or performance targets) are as set out in the SOW or, if none are stated, the indicative levels in the Support & Service Levels document. Tradie View Pty Ltd will notify the Customer of any material revision to applicable service levels.

5. Audit and Access Rights

5.1 On reasonable prior written notice, and no more than once in any 12-month period (except following a security incident affecting Customer Data or where required by a competent authority), the Customer or its appointed auditor may audit Tradie View Pty Ltd’s compliance with this Addendum in respect of the relevant ICT services. This may include requesting relevant documentation, security certifications and independent audit reports (for example SOC 2 or ISO 27001, if and when obtained).

5.2 Where the relevant ICT services support a critical or important function of the Customer, Tradie View Pty Ltd will also provide the access, information and cooperation reasonably necessary to enable a competent authority or resolution authority to exercise its inspection and audit rights under DORA in respect of those services.

5.3 Audits under this Section 5 must be conducted during business hours, in a manner that minimises disruption to Tradie View Pty Ltd’s operations and other customers, and subject to reasonable confidentiality and security restrictions. The Customer bears its own costs of an audit under Section 5.1. Tradie View Pty Ltd may charge reasonable costs of providing assistance beyond standard documentation and certifications.

6. ICT Incident Assistance and Testing

6.1 Tradie View Pty Ltd will provide reasonable assistance for ICT-related incidents affecting the relevant ICT services supplied to the Customer, including reasonable support for the Customer’s own incident classification and regulatory notification obligations.

6.2 Where the relevant ICT services support a critical or important function of the Customer, Tradie View Pty Ltd will provide reasonable cooperation and participation in relation to threat-led penetration testing and other digital operational resilience testing required of the Customer under DORA, on terms to be agreed in the applicable SOW.

6.3 Assistance beyond the included support plan, or beyond that described in Sections 6.1 and 6.2, may be charged at then-current rates unless the SOW states otherwise.

7. Data Recovery, Return and Exit Assistance

7.1 On termination, insolvency, discontinuation of the relevant ICT services or other exit event, Tradie View Pty Ltd will use reasonable efforts to make available Customer Data in an accessible export format for 30 days, subject to technical limitations, payment of outstanding Fees and applicable law. Tradie View Pty Ltd will not withhold export of Customer Data solely on the basis of a genuine, good-faith dispute over Fees, but may separately pursue recovery of any undisputed Fees owing.

7.2 Where the relevant ICT services support a critical or important function of the Customer, Tradie View Pty Ltd will provide reasonable transition assistance for an agreed exit period to support the Customer’s exit strategy, on terms (including as to cost and scope) to be agreed in the applicable SOW.

7.3 On written request made within a reasonable time after the export period, Tradie View Pty Ltd will use reasonable efforts to delete or de-identify Customer Data from active production systems, subject to legal retention requirements, backup cycles and technical limitations, and will provide written confirmation of deletion from active systems on request (noting that residual copies may remain in backups until overwritten in the ordinary cycle).

8. Cooperation with Competent Authorities

8.1 Where legally required and within reasonable scope, Tradie View Pty Ltd will cooperate with competent regulators or resolution authorities of the Customer in relation to the relevant ICT services supplied to the Customer.

8.2 Cooperation under this Section may be subject to confidentiality, security, legal privilege, third-party provider restrictions and reasonable cost recovery, except to the extent such restrictions are inconsistent with a mandatory requirement of DORA.

9. Training and Information Assistance

9.1 Where reasonably required by the Customer’s resilience training program, Tradie View Pty Ltd may provide subject-matter expertise about the relevant ICT services.

9.2 Unless the SOW states otherwise, such sessions are virtual, available no more than once every two years, limited to three hours, and charged at then-current rates.

10. Termination Rights

10.1 The Customer may terminate the relevant ICT services if:

(a) Tradie View Pty Ltd is in significant breach of applicable law or the Agreement and fails to remedy within the applicable cure period;
(b) a material impediment arises that substantially prevents performance of the relevant ICT services;
(c) an evidenced weakness materially affects the protection of Customer Data; or
(d) a competent authority requires termination.

10.2 Except where immediate termination is legally required, or the relevant weakness or breach poses a material and continuing risk to the confidentiality, integrity or availability of Customer Data, the Customer must give Tradie View Pty Ltd a 30-day period to remediate before terminating under Section 10.1.

10.3 Termination under this Section does not release the Customer from Fees already accrued, or Fees payable for the committed term, unless required by law or agreed in writing. Where termination is due to TradieView’s significant unremedied breach or a competent authority requirement, TradieView will refund a pro-rata portion of any prepaid Fees for the unused remainder of the term.

11. Request Process

11.1 To request this DORA Addendum, and to confirm whether it applies to a particular enterprise engagement, contact support@tradieview.com.

12. General

12.1 This Addendum is governed by the laws of Queensland, Australia, unless the SOW expressly states otherwise for DORA-related provisions.

12.2 Liability arising under or in connection with this Addendum remains subject to the limitations and exclusions of liability in the Terms & Conditions, except to the extent mandatory DORA or other applicable law requires otherwise.