2.Non-compliance with these Terms
If a User does not comply with these Terms, Reboot Enterprise Limited may, at its sole discretion and with or without notice, cancel or suspend that User’s account and refuse to provide Services to that User.
Reboot Enterprise Limited reserves the right to amend or update these Terms and the Application, Website, and/or Services it provides at any time with or without notice to Users, and may also add new features that will be subject to the Terms. Any User who continues to use the Application, Website, or Services after any changes have been made will be taken to have agreed to those changes. Users should, therefore, check these Terms regularly. New versions of these Terms will be dated according to the date on which they took effect.
The Application, Website, and Services are provided on an “as is” and “as available” basis, and you acknowledge that the use of the Services is at your sole risk. Reboot Enterprise Limited disclaims any responsibility and liability for the availability, timeliness, security, or reliability of the Application.
Reboot Enterprise Limited reserves the right to modify, suspend or discontinue the Application, Website, or Services (or any part thereof) with or without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Application, Website, or Service.
Reboot Enterprise Limited does not warrant that:
(a) the Services will meet your specific requirements;
(b) the Services will be uninterrupted, timely, secure, or error-free;
(c) the results that may be obtained from the use of the Services will be accurate or reliable;
(d) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations; or
(e) any errors in the Services will be corrected.
You acknowledge that Reboot Enterprise Limited may use third party suppliers to provide the necessary hardware, software, networking, connectivity, storage, and related technology required to provide the Services. The acts and omissions of those third-party suppliers may be outside of Reboot Tech Support’s control, and Reboot Enterprise Limited does not accept any liability for any loss or damage suffered as a result of any act or omission of any third-party supplier.
On behalf of itself and such third-party suppliers, Reboot Enterprise Limited excludes any other warranties that may be implied or otherwise apply under statute or otherwise under applicable law, to the maximum extent permitted by law.
5. Account information
To access and use the Application, Website, and/or Services, Users will need to:
provide certain information about themselves, including a full legal name and email address (as prompted by the Website) (“Account Information”); and be a natural person, as accounts and User logins may not be registered or accessed via automated methods.
All Users agree to provide true, accurate, current, and complete Account Information, and to maintain and promptly update their Account Information to ensure that it remains true, accurate, current, and complete.
Each User will be responsible for all activity that results from its use of the Services. Reboot Enterprise Limited disclaims any liability to each Users’ use of the Services, and will not be held accountable if a User suffers any loss or damage as a result of its use of the Services, including (but not limited to) any loss or damage resulting from:
any downgrade of the Services that Users may opt for through the Website; and the cancellation of any User’s account.
7. No illegal use
No User may use the Applications, Website, or Services for any illegal or unauthorized purpose, or upload any information that is in breach of any confidentiality obligation, copyright, trademark, or other intellectual property or proprietary rights of any person, entity, or organization.
Reboot Enterprise Limited reserves the right but shall have no obligation, to investigate your use of the Application, Website, or Services to determine whether a violation of these Terms has occurred or to comply with any applicable law, regulation, legal process, or governmental request.
There must be no sharing of User Licenses between any staff member, contractor, or persons external to your organization.
8. No malicious use
Users may only access the Application, Website, and Services through the interface provided by Reboot Tech Support, and must not use the Application, Website, or Services for any malicious means, or abuse, harass, threaten, intimidate or impersonate any other User of the Applications, Website or Services.
9. Fair use
Reboot Enterprise Limited reserves the right to monitor and enforces the terms of its fair use policy at all times. Reboot Enterprise Limited reserves the right to cancel or suspend any User’s account at any time if it feels Reboot Tech Support’s fair use policy has been breached.
All users agree that the below “User Definition” are fair and correct;
“User Licence” – an Active user in RTS, Licences can be a staff member, contractor, truck, or asset, as desired by you. All Active users can access RTS via the Application and/or Website, and receive SMS messages via RTS; however, access to features & functions in RTS will be determined by their assigned ‘Role’.
All Services are charged in advance on a monthly or annual basis and are non-refundable, including for any part period of Services, Service upgrades or downgrades, or unused Services in an open account. The value of any used subscription or other credit to your account is non-refundable.
Reboot Enterprise Limited will not be held liable in any way for any lack of refunds in connection with the Services. A valid credit card number is required for paying User accounts unless otherwise agreed to by Reboot Enterprise Limited.
Payments terms, if not made by credit card, are stipulated in a custom proposal to you, as the Customer.
If a user is carrying out a free trial of the Services (as offered on the Application, Website), the free trial will begin on the day that the User’s account is opened and end 30 days later. At the end of the free trial period, Users will need to provide an agreement to a paid subscription to further use the Services.
Reboot Enterprise Limited will charge a User’s credit card or provide an invoice for any upgrade that a User opts for in respect of the Services from the date of the upgrade.
Reboot Enterprise Limited charges on a per-user basis or as specified in the terms notified to a user for any additional features or services. Monthly paying subscribers to Reboot Enterprise Limited will be charged monthly automatically via their nominated card. The monthly payments will be based on the usage of the previous month.
Yearly billing charges will be based on the number of users when the yearly billing payment option is made. Invoice amounts are due and payable within the period noted on the invoice. If a deduction of the Charges payable is unsuccessful, we have the right to suspend service until full payment has been made. We are not responsible for pricing, typographical or other errors in any offer by us and we reserve the unilateral right to cancel any subscriptions resulting from such errors.
Reboot Enterprise Limited is a New Zealand business. Pricing for New Zealand-based customers is in New Zealand Dollars and exclusive of GST.
The fees charged for the Services (“Fees”) are subject at all times to change by Reboot Enterprise Limited giving 30 days’ notice, which will be communicated in writing. Reboot Enterprise Limited shall not be liable to Users or any third party for any modification to the Fees.
All Fees are exclusive of all taxes GST, and the User indemnifies and holds Reboot Enterprise Limited harmless against any claims by any tax authority for any underpayment of any sales, use, goods, and services, value-added, or other tax or levy, and any penalties and/or interest.
13. Cancellation of accounts
Reboot Enterprise Limited reserves the right to cancel or suspend any User’s RTS account at any time in its sole discretion, and all Users are entitled to cancel their account with Reboot Enterprise Limited at any time. All cancellations will result in the deactivation of the User’s account.
An email request from an authorized User to Reboot Enterprise Limited to cancel an RTS User account is required to cancel a User’s RTS account. If a User elects to cancel its account, the cancellation will not become effective unless and until no money is owing on that User’s account. If you cancel the Services before the end of your current paid up period, your cancellation will take effect immediately and you will not be charged again.
Your data and content will not be deleted from our systems upon cancellation of your account. This content can be recovered upon your account being reactivated. Reboot Enterprise Limited is not liable for any loss or damage following, or as a result of, cancellation of your account, and it is your responsibility to ensure that any content or data which you require is backed-up or replicated before cancellation.
14. Account downgrades
Users may downgrade their accounts (for example, from 15 User Licences to 5 User Licences) at any time via an email request from an authorized User to Reboot Tech Support. The downgrade will become effective on your next billing date. No refunds will be paid in respect of any unused portion of any higher account offering.
Reboot Enterprise Limited shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Reboot Enterprise Limited has been advised of the possibility of such damages), resulting from
(a) the use or the inability to use the Service;
(b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services;
(c) unauthorized access to or alteration of your transmissions or data;
(d) statements or conduct of any third party regarding the Services; or
(e) any other matter relating to the Services.
Reboot Tech Support’s maximum aggregate liability under or in connection with this Agreement shall be limited to the number of Fees paid to Reboot Enterprise Limited by the relevant User during the last twelve months.
Each User indemnifies and will keep indemnified, Reboot Enterprise Limited against all forms of liability, actions, proceedings, demands, costs, charges, and expenses which Reboot Enterprise Limited may incur or be subject to or suffer as a result of the relevant User’s use of the Services.
17. Intellectual property
All Users agree that Reboot Enterprise Limited owns all of the intellectual property rights existing in the Application, Website, and Services. However, Reboot Enterprise Limited claims no intellectual property rights to the information or content uploaded to the Application or Website by Users.
18. Reboot Enterprise Limited branding
No User may publish or use Reboot Tech Support’s brand, branding, or logos except with Reboot Tech Support’s prior written consent.
19. Technical support and malfunctions
Reboot Enterprise Limited is committed to providing excellent customer service. Reboot Enterprise Limited will try to promptly address (during normal business hours) all technical issues that arise on the Application, Website, or in connection with the Services. However, Reboot Enterprise Limited will not be liable for any loss suffered as a result of any partial or total inability to use the Services (either in whole or in part). You agree that Reboot Tech Support’s support team may access your account from time to time to diagnose and fix any problems.
Users are responsible for maintaining the security of their account and password on the Application and/or Website. Reboot Enterprise Limited will not be liable for any loss or damage that may result from any failure to keep User names and passwords secure.
Reboot Enterprise Limited makes efforts to keep content uploaded by Users secure, but will not be liable for any loss or damage that may result from any breach of security, or any unauthorized access or use of that content.
21. General provisions
These Terms represent the entire agreement between Reboot Enterprise Limited and you to the use of the Services and supersede any prior agreement, understanding, or arrangement between the Parties to such matters, whether oral or in writing.
You may not assign or transfer, or agree to assign or transfer, any of your rights and obligations to the Services and/or these Terms to any other person without Reboot Tech Support’s prior written consent.
If any part or provision of these Terms is found by a court or other competent authority to be invalid, unenforceable, or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision, the remainder of the Terms will be binding on the Parties.
If Reboot Enterprise Limited waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
A person who is not a party to these Terms has no right to benefit under or to enforce any of the provisions of these Terms.
22. Governing law and jurisdiction
These Terms shall be governed by New Zealand law, and all Users submit to the exclusive jurisdiction of the New Zealand courts for any matter or dispute arising from these Terms.
The individual accepting this quote personally indemnifies the payment of all monies to Reboot Enterprise Limited.
Payment terms are 7 days from the date of invoice.
Reboot Enterprise Limited reserves the right to pass any unpaid account to its collection agency and any costs or expenses, as a result, shall become the responsibility of the client.
Interest on overdue payments may be charged at a compound rate of 2% per month commencing from the date of demand.
The client understands that if it defaults in its payment obligations to Reboot Enterprise Limited, information about that default may be given to debt collection agencies, who may, in turn, give the information about its default to customers and public debt advice information services.