In short
- Mighty Dig keeps permits to dig, and the records that go with them, for the organisations that use it.
- Your organisation owns its permits and records. We keep them for it, and you can take a full copy at any time.
- Mighty Dig helps people run permits well. It does not make a dig safe: the people doing the work, and the law, still decide that.
Who these terms are between
These terms are between Mighty Spatial Pty Ltd ("we") and the organisation that uses Mighty Dig ("your organisation"), and they also apply to each person your organisation invites ("you"). They cover Mighty Dig at dig.mightyspatial.com, its Console, its apps and its widgets.
Where your organisation has signed an agreement with us for Mighty Dig, that agreement applies, and wins over these terms where the two differ.
Accounts and sign-in
- Each person uses their own account. A login several people share can read and comment, but never signs.
- Your organisation's permit admins decide who is on each project and in which role, and can remove people at any time.
- Keep your passkeys and recovery codes to yourself. Tell your permit admin at once if you think someone else has used your account.
- Where your organisation signs in through its own ArcGIS portal, the portal decides who you are, and your organisation looks after those accounts.
Your organisation's records
- Your organisation owns its permits, records, photos, plans and files. We hold them for it, and use them only to run Mighty Dig, as the privacy policy says.
- Each step is signed and kept in a history that cannot be changed. A correction is added as a new entry.
- Your organisation can export everything at any time, as files it can keep.
- Records are kept in Australia, for the life of the project plus 7 years, then deleted on your organisation's instruction, unless the law or a claim needs them kept longer.
What Mighty Dig does, and what it does not
- Mighty Dig checks a drawn area against the layers your organisation gives it, prepares dial before you dig, and keeps each permit's steps and records under your organisation's rules.
- It does not find buried services, judge ground conditions or make a dig safe. Locate and expose services on site, and follow your safe work method, your organisation's procedures and the law.
- Its checks are only as good as the layers, plans and answers it is given. The section along a dig is a guide, not a survey.
- A permit demo is never a real permit. Never work under one.
- Your organisation sets its permit rules. A rule pack for a place is a starting point taken from that place's published rules; your organisation checks it fits its work before using it.
Other services
Some parts of Mighty Dig use other services: BYDA for dial before you dig enquiries, your organisation's ArcGIS portal and maps, and an email provider for codes and notices. Each has its own terms. Plans from asset owners belong to them and are used under their terms.
Using Mighty Dig fairly
- Use it for your organisation's work, and within the law.
- Do not try to get into accounts, projects or data that are not yours, test its security without our written agreement, or overload it.
- Do not copy, take apart or rebuild Mighty Dig or its software. It remains ours: your organisation gets the right to use it while its subscription runs, and owns what it puts in and gets out.
Trials and fees
- A trial project is free for 30 days.
- Fees are as set out in your organisation's order or our price list when it subscribes, billed monthly in advance, plus GST.
- We tell your organisation's admins at least 30 days before a fee changes.
Keeping it running
We run Mighty Dig in Sydney, back it up every hour to a second place in Australia, and test our restores every week. We aim to keep it available at all times, and give notice of planned work where we can. Where a signed agreement sets a service level, that agreement applies.
Ending
- Your organisation can end its subscription with 30 days' notice. We can too, with 30 days' notice.
- We can suspend an account straight away to stop misuse or a security risk, and tell your organisation why.
- After the subscription ends, your organisation has 60 days to export its records. We then keep them for the period above, read only, unless your organisation tells us to delete them sooner and the law allows it.
Liability
- Nothing in these terms takes away rights your organisation has under the Australian Consumer Law that cannot be excluded.
- As far as the law allows, our total liability under these terms is limited to the fees your organisation paid in the 12 months before the claim, and we are not liable for indirect or consequential loss.
Changes and the law
We post changes to these terms here with the date, and tell admins about any significant change at least 30 days before it applies. These terms are governed by the law of New South Wales, Australia.
Mighty Spatial Pty Ltd, ABN 41 698 343 556 · support@mightyspatial.com