ContactSuite

Terms of Use

Last updated: 19 February 2021

1. Application of Terms

By accessing the Service, you agree to be bound by these Terms. If you are entering into these Terms on behalf of another person, you confirm that you are authorised to bind that person. If you do not agree to these Terms, you must immediately cease using the Service.

2. Changes

ContactSuite may change these Terms at any time by notifying you of the change by email or by posting a notice on the Website. Changes take effect on the date specified in any such notice. Continued use of the Service after that date constitutes acceptance of the updated Terms. Last updated: 19 February 2021.

3. Interpretation

Key definitions used in these Terms include:

  • ContactSuite Software: Software owned by ContactSuite and its licensors providing the Service
  • Data: Information stored in or inputted to the Service
  • Fees: Charges listed on our pricing pages or agreed in writing
  • Force Majeure: Events outside a party's reasonable control
  • Service: The core functionality described on our Website
  • We/Us/Our: ContactSuite Limited (company number 1125659)
  • You/Your: The user or authorised representative

4. Provision of the Service

ContactSuite will provide the Service with reasonable care, skill, and diligence. While we target 24×7 availability, maintenance windows and Force Majeure events may cause downtime. We will provide advance notice of planned downtime where possible. Third-party service features integrated via APIs are not warranted for availability.

5. Your Obligations

You must use the Service only for lawful, internal business purposes and comply with all applicable laws, including the Unsolicited Electronic Messages Act 2007. You must not resell or commercially exploit the Service, or attempt to undermine the security or integrity of our systems.

6. Data

ContactSuite may access your Data to provide the Service. We may generate anonymised, aggregated statistical data from your usage for product development and research purposes. Your Data may be stored in AWS Availability Zones in Australia, the United States, or New Zealand. While we maintain standard industry backup measures, you are responsible for maintaining your own backup copies.

7. Fees

You must pay Fees as specified on our pricing pages or in your written agreement. Fees are invoiced via email or through the Website, inclusive of GST. Overdue amounts accrue interest at our primary bank's corporate overdraft reference rate plus 2% per annum. ContactSuite may increase Fees with 30 days' written notice; you may terminate within 10 days prior to the increase taking effect.

8. Intellectual Property

ContactSuite and its licensors retain ownership of the Service, Website, and all underlying systems. You retain ownership of your Data, but grant us a worldwide, non-exclusive, fully paid, transferable, irrevocable licence to use, store, copy, modify, and communicate your Data as necessary to provide the Service. Any feedback you provide becomes solely owned by ContactSuite.

9. Confidentiality

Each party must keep the other's Confidential Information confidential and disclose it only to personnel on a need-to-know basis. These obligations do not apply to information that is publicly available, rightfully received from third parties, or required to be disclosed by law.

10. Warranties

Each party warrants they have full authority to enter these Terms. ContactSuite's warranties are limited to those expressly stated. The Service is provided "as is" without warranties of fitness for a particular purpose, security, or freedom from errors. The Consumer Guarantees Act 1993 does not apply as the Service is acquired for trade purposes.

11. Liability

ContactSuite's maximum aggregate liability in any year is limited to the Fees paid in the previous year. Neither party is liable for loss of profit, revenue, savings, business, data, goodwill, or consequential damages. These limitations do not apply to liability for personal injury, death, fraud, or confidentiality breaches.

12. Term, Termination and Suspension

These Terms continue until either party provides 10 days' written notice. Either party may immediately terminate upon material breach that is not remedied within 10 days of notice, or upon insolvency. Upon termination, all outstanding Fees become immediately due. Within one month of termination you may request a copy of your Data or request its deletion.

13. General

These Terms are governed by New Zealand law. ContactSuite is an independent contractor — no joint venture, agency, or partnership is created. These Terms are the entire agreement between the parties and supersede all prior discussions and agreements. You may not assign your rights without ContactSuite's prior written consent.

Questions? Contact us at contracts@contactsuite.com