Please read these terms and conditions carefully, as they set out our and your legal rights and obligations in relation our EZEMobile© platform and services. You will be asked to agree to these terms and conditions before becoming a customer.
If these terms and conditions are presented to you in electronic form then You should print a copy of these terms and conditions for future reference. For Customers in New Zealand, Australia and United Kingdom, the current electronic version of Our terms and conditions are published on our website and Your continued use of Our EZEMobile© platform and services constitutes your electronic signature accepting the current terms and conditions.
For Customers in New Zealand and Australian You consent to the accessing and receiving of information in electronic form.
For Customers in New Zealand, Australian and the United Kingdom We will not file a copy specifically in relation to you and they may not be accessible on our website in future.
These terms and conditions are available in the English language only.
These terms and conditions are generic terms and conditions that apply to all Software as Service Services provide by Ablaze Software. Certain Software as a Service Services may have additional or altered terms and conditions specific to those services in which case if there is any conflict between these terms and conditions and the other Services terms and conditions the other Services terms and conditions will prevail only to the extent of the conflict.
If you have any questions or complaints about our services, please contact us by writing to Ablaze Software Complaints at PO Box 12 594 Auckland 1642 New Zealand or by email to email@example.com.
Definitions and interpretation
In the Agreement:
“Affiliate” means an entity that Controls, is Controlled by, or is under common Control with the relevant entity;
“Agreement” means the agreement between the Provider and the Customer for the provision of the Platform as a service, incorporating these terms and conditions (including the Schedules) and the Statement of Services, and any amendments to the Agreement from time to time;
“Anniversary Date” means the day 1 month after the Effective Date
“Business Day” means any week day, other than a public holiday in New Zealand;
“Business Hours” means between 09:00 and 17:30 Auckland New Zealand time on a Business Day;
“Charges” means the amounts payable by the Customer to the Provider under or in relation to the Agreement (as set out in Schedule );
“Control” means the legal power to control (directly or indirectly) the management of an entity (and “Controlled” will be construed accordingly);
“Customer” means the customer specified in the Statement of Services or Order Form;
“Customer Confidential Information” means
any information disclosed (whether disclosed in writing, orally or otherwise) by the Customer to the Provider [during the Term] that is marked as “confidential”, described as “confidential” or should have been understood by the Provider at the time of disclosure to be confidential;
the financial terms and conditions of the Agreement;
the Customer Materials; and
other confidential information;
"Customer Materials" all works and materials and data:
uploaded to, stored on, processed using or transmitted via the Platform by or on behalf of the Customer or by any person or application or automated system using the Customer's account; and
otherwise provided by the Customer to the Provider in connection with the Agreement;
“Defect” means a defect, error or bug having an / a materially adverse effect on the appearance, operation or functionality of the Platform, but excluding any defect, error or bug caused by or arising as a result of:
an act or omission of the Customer, or an act or omission of one of the Customer's employees, officers, agents, suppliers or sub-contractors; or
an incompatibility between the Platform and any other system, application, program or software not specified as compatible in the Statement of Services];
"Documentation" means the documentation produced by the Provider and supplied / made available on the Platform to the Customer specifying how the Platform should be used;
“Effective Date” means the date that the Agreement comes into force as specified in Clause  / or if the Agreement is made off-line then the date of execution of the Agreement;
“Force Majeure Event” means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of or problems with the internet or a part of the internet,[ hacker attacks, virus or other malicious software attacks or infections,] power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars);
“Intellectual Property Rights” means all intellectual property rights wherever in the world, whether registered or unregistered, including any application or right of application for such rights (and the “intellectual property rights” referred to above include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trade marks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs);
“Minimum Term” means the period specified as such in the Statement of Services;
“Order Form” means the off-line document that incorporates the Statement of Services.
"Permitted Purpose" means use of the Platform in a manner consistent with the EZEMobile© Software Service being provided under the Agreement;
“Personal Data” has the meaning given to it in the Privacy Act 1993;
“Platform” means the software platform prefixed with the word EZEMobile© (e.g. EZEMobile© Sales) that is owned and operated by the Provider, and that will be made available to the Customer as a service via the internet under the Agreement;
“Provider” means Ablaze Software Limited, a company incorporated in New Zealand registration number 1544390 having its registered office at 32 Greenpark Road Auckland New Zealand;
“Schedule” means a schedule attached to the Agreement;
“Services” means all the services provided or to be provided by the Provider to the Customer under the Agreement, including the Support Services;
"Statement of Services" means the online document made available by the Provider to the Customer during the order process / agreed between the parties that specifies the identity of the Customer, and other matters relating to the Agreement or if the online document is made available off-line by the Provider to the Customer during the order process / agreed between the parties that specifies the identity of the Customer, and other matters relating to the Agreement
"Support Services" means support and maintenance services provided or to be provided by the Provider to the Customer in accordance with Schedule ;
“Term” means the term of the Agreement; and
“Upgrades” means new versions of, and updates to, the Platform, whether for the purpose of fixing an error, bug or other issue in the Platform or enhancing the functionality of the Platform.
In the Agreement, a reference to a statute or statutory provision includes a reference to:
Agreement and Term
For off-line agreements the Agreement will come into force on the Effective Date and will continue in force for the Minimum Term and indefinitely thereafter until unless terminated earlier in accordance with Clause .
For online agreements the advertising of the Platform and the Services on the Provider's website constitutes an “invitation to treat”; and the Customer's order for the Platform and the Services constitutes a contractual offer. No contract will come into force between the Provider and the Customer unless and until the Provider accepts the Customer's order in accordance with the procedure detailed in this Clause .
In the event that the Platform will automatically generate an account for the Customer then promptly following the Effective Date, enabling the Customer to access the Platform.
The licence granted by the Provider to the Customer under Clause [3.2] is subject to the following limitations:
Support Services and Upgrades
in each case in the applicable jurisdiction of the Customer and under any applicable law and in each case jurisdiction of the Provider in New Zealand and under New Zealand law.
The first 14 days of the Term shall be a trial period, during which all of the provisions of this Agreement shall apply, save as follows:
Limitations and exclusions of liability
Effects of termination
Any notice given under the Agreement must be in writing (whether or not described as “written notice” in the Agreement) and must be delivered personally or by post, or fax or sent by email (except in the case of the Provider giving Notice of upgrades to the Platform), for the attention of the relevant person, and to the relevant address, fax number or email address given below (or as notified by one party to the other in accordance with this Clause).
PO Box 12 594 Auckland 1642 New Zealand
The addressee, address, email and fax set out in the Statement of Services.
Force Majeure Event
Acceptance of Agreement
In this Schedule:
"New Functionality" means new functionality that is introduced to the Platform by an Upgrade; and
"Protected Functionality" means the interoperability of the minimum necessary functions of the Service required to ensure continued service.
Response and resolution timesaving
|Severity||Examples||Response Time||Resolution Time|
|Critical||Service(s) completely unavailable as a result of The Providers servers being down||Less than 1 hour||Between 15 minutes but less than 6 hours depending on nature of the outage|
|Serious||Services operating but data errors occurring as a result of The Providers servers not operating correctly.||Less than 1 hour||Between 15 minutes but less than 1/2 day depending on nature of the outage|
|Moderate||Services operating at significantly reduced speed as a result of The Providers servers not operating correctly but no data errors occurring||Less than 90 minutes||Between 1 hour minutes but less than 1/2 day depending on nature of the outage|
|Minor||Minor bug identified that does not cause data issues or use of the Platform||Less than ½ day||Between 1 and 7 days.|
Limits on Support Services
service credits = ((100 - a) / 100) x b
a = the actual percentage availability of the Platform during the relevant calendar month where the Platform availability is less than 85% excluding downtime resulting from upgrades; and
b = the Charges payable in respect of access to the Platform during the relevant calendar month (exclusive of GST/VAT and other taxes).
Back-up and restoration
the Provider shall invoice the Customer for a fixed Charge plus GST/VAT in respect of Support Services provided or to be provided under Schedule  during that month. The Support Charge is built into the Access Charges.
This Acceptable Use Policy (the “Policy”) sets out the rules governing the use of our web services available via the URL You have been provided with (the “Service”) and any content that you may submit to the Service (“Content”).
By using the Service, you agree to the rules set out in this Policy / We will ask you to expressly agree to the rules set out in this Policy.]
You must not use the Service in any way that causes, or may cause, damage to the Service or impairment of the availability or accessibility of the Service, or any of the areas of, or services on, the Service.
You must not use the Service:
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, publish, [adapt, translate] and distribute your Content on and in relation to the Service / in any existing and future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Unlawful and illegal material
You must not use the Service to store, host, copy, distribute, display, publish, transmit or send Content that is illegal or unlawful, or that will or may infringe a third party's legal rights, or that could give rise to legal action whether against you or us or a third party (in each case in any jurisdiction and under any applicable law).
Content and its publication on the Service must not:
You must not submit any Content that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Service without our express written consent.
Content must not depict violence in an explicit, graphic or gratuitous manner.
Content must not be pornographic or sexually explicit, or consist of or include explicit, graphic or gratuitous material of a sexual nature.
You must not use the Service to promote or distribute any viruses, Trojans, worms, root kits, spyware, [adware] or any other harmful software, programs, routines, applications or technologies.
You must not use the Service to promote or distribute any software, programs, routines, applications or technologies that will or may negatively affect the performance of a computer or introduce significant security risks to a computer.
Content must not be untrue, false, inaccurate or misleading.
Statements of fact contained in the Content must be true[; and statements of opinion contained on the Content must be truly held and where possible based upon facts that are true
Content must not consist of or contain any instructions, advice or other information that may be acted upon and could, if acted upon, cause:ing.
Marketing and spam
You must not use the Service for any purposes related to marketing, advertising, promotion, or the supply and/or sale of goods and/or services.
Content must not constitute spam.
You must not use the Service to transmit or send unsolicited commercial communications.
You must not use the Service for any purpose related to gambling, gaming, betting, lotteries, sweepstakes, prize competitions or any gambling-related activity.
You must not use the Service to provide any legal, financial, investment, taxation, accountancy, medical or other professional advice or advisory services.
Content must be appropriate, civil, tasteful and accord with generally accepted standards of etiquette and behaviour on the internet.
Content must not be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory.
Content should not cause annoyance, inconvenience or needless anxiety.
Do not flame or conduct flame wars on the Service (“flaming” is the sending hostile messages intended to insult, in particular where the message is directed at a particular person or group of people).
Do not troll on the Service (“trolling” is the practice of deliberately upsetting or offending other users).
You must submit Content to the appropriate part of the Service.
Do not unnecessarily submit textual content in CAPITAL LETTERS.
You should use appropriate and informative titles for all Content.
You must at all times be courteous and polite to other Service users.
You must not link to any website or web page containing material that would, were it posted on the Service, breach the preceding terms of this Policy.
Breaches of this Policy
We reserve the right to edit or remove any Content in our sole discretion for any reason, without notice or explanation.
Without prejudice to this general right and our other legal rights, if you breach this Policy in any way, or if we reasonably suspect that you have breached this Policy in any way, we may:
Where we suspend or prohibit your access to the Service or a part of the Service, you must not take any action to circumvent such suspension or prohibition (including without limitation using a different account).
Notwithstanding the provisions of this Policy, we do not actively monitor Content.
If you become aware of any material on the Service that contravenes this Policy, please] notify us by email.