At a glance
MotorMinder helps businesses manage vehicle reminders and customer responses. It does not inspect vehicles, certify compliance, or guarantee that a message will arrive or that a customer will act on it. Our 30-day trial does not require a payment card and does not automatically become a paid subscription. A paid subscription begins only when an authorised account administrator expressly activates it. SMS and other usage charges are separate unless your selected plan expressly includes them.
This overview helps you find the important points. The full terms below explain our commitments, your responsibilities, cancellation, data handling and liability. Nothing in these terms removes rights that cannot lawfully be excluded.
1. Who we are and how to contact us
MotorMinder is operated by Smart Limited, New Zealand, referred to in these terms as "MotorMinder", "we", "us" or "our". Our website is motorminder.co.nz.
For account, billing, cancellation or other service enquiries, email accounts@motorminder.co.nz. For privacy matters, email accounts@motorminder.co.nz and address your message to the Privacy Officer. Our contact address is 163 West Street | PO Box 270 | Ashburton | 7700.
The operator identified above is your service provider. A reference to a related company, a discounted customer group or a third-party supplier does not make that organisation a party to your MotorMinder subscription.
2. Meaning of key terms
"Account" means a business's MotorMinder workspace, including its authorised users and settings. "Account administrator" means someone authorised by that business to administer the account. "Business customer", "you" and "your" mean the business subscribing to or trialling the service, except where a section expressly addresses visitors or message recipients.
"Customer data" means information you or your authorised users submit to the service, information customers submit to you through it, and records generated on your behalf, including customer and vehicle records, due dates, messages, replies and booking requests.
"Recipient" means a person receiving a message or using a customer-facing link provided through MotorMinder. "Service" means the MotorMinder website, application and features actually made available under your plan. "Plan" means the subscription, trial or written order you accept, including its stated price, limits and billing arrangements.
A "working day" means a New Zealand working day. Where legislation defines working days for a particular obligation, that statutory definition applies. Other references to days mean calendar days. Account schedules use the time zone shown in your account, normally Pacific/Auckland.
3. Scope, business use and acceptance
MotorMinder subscriptions are intended for New Zealand businesses and organisations. An account administrator accepting these terms must be at least 18 and have authority to bind the subscribing business. Accepting on behalf of a business does not, by itself, make an employee or contractor personally guarantee that business's fees.
Your subscription agreement consists of these terms, the plan or order you expressly accept, and any written variation agreed by authorised representatives of both parties. A specifically agreed written variation prevails over inconsistent standard terms. Plan details prevail for the particular price, allowances and subscription period expressly agreed, but cannot remove non-excludable rights.
We present these terms before account creation or activation and record affirmative acceptance. Merely visiting the website, receiving a reminder, exercising a privacy right or unsubscribing does not make a person a paying subscriber or bind them to the business customer's payment, indemnity or liability obligations.
Sections 13 and 14 explain how customer-facing links and requests work. Any conditions for a particular recipient action must be displayed before that action. The Privacy Policy explains information handling; acknowledging it is not blanket consent to marketing or unrelated data use.
4. What the service does, and what it does not do
Depending on the features enabled for your account, MotorMinder can help maintain customer and vehicle records, schedule WoF, CoF, service, vehicle licensing or "rego" and custom reminders, send communications, record delivery information and replies, receive booking requests, import data and display activity history.
Feature availability depends on your plan and the service's current release. A planned feature, demonstration, roadmap item or reference to optional AI or an integration is not a promise that it is currently available or will be delivered by a particular date.
MotorMinder is an administrative aid, not a vehicle inspection service, official vehicle register, emergency service, professional adviser, insurer or guarantee of compliance. Unless a specifically identified and authorised source is actually connected and displayed, recorded due dates are not represented as having been verified against an official source.
A reminder, delivery report, customer reply or completed action is not evidence that a vehicle has passed an inspection, is roadworthy, is licensed, is insured or may lawfully be used. Vehicle owners, operators and the relevant service business remain responsible for checking requirements and arranging the necessary work. These limitations do not excuse a failure by us to meet an express obligation in these terms.
5. Account administration and security
You must give accurate business and billing details, keep a monitored contact email, and appoint appropriate account administrators. Each user should use their own authorised access and only the permissions needed for their role. You are responsible for promptly removing access that is no longer authorised and protecting credentials and devices within your control.
You must promptly tell us about suspected unauthorised access or a compromised customer link. We may verify authority before disclosing records, changing an administrator, exporting an account or closing it. An individual user's authority to access data does not automatically include authority to transfer ownership of the entire account.
You are responsible for authorised use of your account and for misuse to the extent caused by your breach of these terms or failure to take reasonable precautions. You are not automatically responsible for every action performed with a compromised account irrespective of fault, or for loss caused by our breach of our own obligations.
6. Free trial and moving to a paid subscription
The standard trial lasts 30 days from the trial start date displayed in your account. No payment card is required to start that trial. The trial does not automatically convert to a paid subscription, and we do not charge a subscription fee merely because the trial ends.
Any trial allowances, restrictions or separately chargeable options must be clearly shown before you use them. A free software trial does not imply unlimited free SMS. Chargeable messaging must not be enabled without separately disclosed pricing and your express authorisation.
To continue paid use, an authorised account administrator must select a plan and expressly approve its price, billing frequency, payment method and any recurring-payment authority. Entering card details alone is not consent to unspecified charges. Paid fees start on the activation date shown at checkout, not retrospectively for the free trial.
If no paid plan is activated, paid features and outgoing reminder automation pause when the trial expires. We do not automatically delete your records on that day. The restricted-access and retention arrangements in section 23 apply. Privacy requests and unsubscribe requests remain available even when an account cannot send messages.
7. Plans, prices, GST and customer-group discounts
The applicable subscription price, billing frequency, included features and usage limits are those clearly shown when you activate your plan. Prices are in New Zealand dollars. Where prices exclude GST, that exclusion must be clearly stated, and the amount payable including GST must be shown before payment is authorised.
A Panel Quote customer discount, where offered, is conditional on the eligibility requirements disclosed with the offer. We may request reasonable evidence of eligibility through MotorMinder's own onboarding or support process. A discount does not authorise access to Panel Quote's software or customer records and does not create a data integration.
If eligibility ends, we will give at least 30 days' notice before applying the then-disclosed standard rate at a subsequent renewal. There is no retrospective repricing solely because eligibility ends. You may cancel before the new rate takes effect.
We will give at least 30 days' notice of a subscription price increase or material reduction in an included allowance. It will take effect no earlier than the first renewal after that notice period. You may cancel before it applies without an early-termination charge. We do not retroactively change the price of usage already incurred.
8. SMS and other usage charges
SMS, messaging numbers, email overages, optional AI usage or other metered services are charged only where their price and charging basis have been disclosed and expressly accepted. Unless your plan expressly includes an allowance, the software subscription does not include those charges. We do not treat a provider's wholesale rate as an agreed retail rate.
The accepted rate information must explain what is chargeable, including whether an SMS is billed by message segment, whether inbound replies or dedicated numbers are charged, whether GST is additional, and whether submitted but undelivered messages incur a charge. Any spending cap, credit balance, automatic top-up or overage arrangement requires clear disclosure and authorisation.
Some message content can occupy more than one billable segment. Where the service calculates an estimate, the estimate must be presented before approval where reasonably practicable; the provider's final accepted usage record determines the actual quantity, subject to correction of errors. You may query an unexplained or apparently duplicated charge.
We do not charge recipients to unsubscribe. You must not use a messaging route that charges recipients to use the required unsubscribe facility. Business-side network or processing charges, where applicable, must be disclosed to you separately.
A later delivery failure does not automatically reverse a valid provider submission charge. However, we will correct charges for duplicate submissions caused by our service, messages we did not submit, unauthorised usage attributable to our breach, or other billing errors. Ordinary opt-out processing must never depend on the account having available credit.
9. Billing, renewals and payment problems
Unless your accepted order expressly states otherwise, paid subscriptions renew monthly and subscription fees are payable in advance. Usage charges are billed in the manner you expressly approve. Recurring charges apply only after an administrator authorises recurring billing; the payment screen must identify the next charge date and amount or calculation basis.
You can cancel renewal using the available account controls or by emailing support. If the account controls are unavailable, an email from an authorised administrator sent before renewal is sufficient to request cancellation; you do not have to complete an unnecessary telephone process.
If a payment fails, we will notify the account's billing contact and provide a reasonable opportunity to resolve it. Except for a reasonable fraud, security or legal concern, we will give at least seven days' written warning before suspending an established paid service for an overdue, undisputed amount. We will not suspend solely for a genuinely disputed portion while you cooperate promptly and pay other undisputed amounts.
Tell us promptly about a billing concern and provide available details. No short query deadline removes a statutory right or makes an incorrect charge valid. We may recover reasonable, actually incurred collection costs for an undisputed overdue debt after notice; we do not impose unspecified penalty fees. Any interest or other charge must be separately disclosed and lawfully agreed before it is incurred.
10. Your records, due dates and reminder settings
You are responsible for having authority to enter and use the records you provide, checking customer-to-vehicle associations, keeping contact details and due dates current, and selecting appropriate schedules and message content. You must correct known errors, review delivery failures and unresolved replies, and stop reminders when their purpose no longer applies.
You must take reasonable care when importing or updating records, particularly where a number may have been reassigned or a vehicle sold. Duplicate detection, date parsing, suggested mappings and other validation aids do not guarantee that source data is correct.
We are responsible for performing the functions we expressly provide with reasonable care and skill. Responsibility for inaccurate source information does not automatically transfer to you where an error was introduced by our service rather than supplied or approved by you.
Keep independent records and a suitable follow-up process for important deadlines. Do not make MotorMinder the sole safeguard for a safety-critical or legally significant obligation. The service does not replace your duties to your customers or the vehicle owner's or operator's obligations.
11. Lawful collection, customer notices and messaging permission
You must have a lawful basis to collect, hold, use and share personal information and to instruct us to process it. A customer relationship, an imported CSV, a publicly available number or a previous message does not automatically authorise every later use or commercial communication.
You must provide an appropriate privacy notice when collecting information directly. Where you collect information indirectly, you must assess the collection basis and meet any applicable notification requirements, including Information Privacy Principle 3A. For indirect collections covered by that principle, required notification must occur as soon as reasonably practicable unless a valid exception applies. A historic direct collection is not automatically a fresh indirect collection merely because you move your own records into a service provider acting solely for you.
For commercial electronic messages, you must obtain and be able to demonstrate the consent required by the Unsolicited Electronic Messages Act 2007, accurately identify the authorising sender, provide usable contact information and include a compliant unsubscribe facility. The legal classification depends on the actual message and context, not simply its label as a "reminder". You must not rely on an exemption merely because your message relates to a vehicle.
You must preserve reasonable evidence of consent and notification, including its source, date and scope. You must not use harvested addresses, purchased lists without a verified lawful basis, misleading sender identities or another business's records without authority. Importing a record or agreeing to these terms is not consent from the person described in that record.
We remain responsible for obligations applying to our own collection, use, disclosure, systems and conduct. This section does not transfer all privacy or electronic-messaging responsibility to you.
12. Opt-outs, suppression and message delivery
Commercial-message unsubscribe instructions must be clear, free to the recipient and available through the same communication medium. The facility must remain functional for at least 30 days after the message is sent. Requests must be honoured as soon as practicable and within the applicable five-working-day limit. MotorMinder's operating standard is to suppress matching queued and future reminders promptly on receipt of a clear opt-out.
You must not override, delete or bypass a suppression to continue sending messages without a lawful basis. A fresh import, changed vehicle, new campaign or altered spelling must not silently re-subscribe someone. A broader request to stop all contact must not be narrowed to one message type without justification.
A STOP reply normally suppresses SMS reminders from the identified business to that number. A clear request covering other channels must be applied to that wider scope. A recipient may have separate relationships with other businesses; we do not disclose one business's customer information to another to resolve that situation. Shared-number or uncertain routing must be handled conservatively while the request is clarified.
A message already passed to a telecommunications or email network may not be recallable. Delivery depends on networks, provider filtering, device settings, connectivity and the accuracy of the recipient's details. A status such as "sent" or "delivered" does not prove that the intended person read, understood or acted on the message.
We will use reasonable care in submitting messages, processing delivery information and applying opt-outs. We do not guarantee a particular arrival time, recipient response or booking outcome. You must use another contact method when a matter is urgent or the service shows that delivery is uncertain.
13. Customer links, replies and booking requests
A recipient does not owe a MotorMinder subscription fee simply for receiving a reminder, replying or using a customer link. Any fee for vehicle work, a booking or a cancellation must be agreed separately with the workshop or other relevant business. Ordinary replies or data use may incur a charge under the recipient's telecommunications plan where applicable; the required unsubscribe facility must be free to the recipient.
A BOOK reply or submitted booking request records a request; it is not a confirmed appointment unless the relevant business expressly confirms it. Availability, quotations, repair authorisation, deposits, workmanship and workshop cancellation terms are matters between that business and the customer, subject to applicable law.
A DONE reply or completion action records the person's statement or selected action. It is not independent verification that an inspection, service, renewal or other legal requirement has been completed. A SOLD reply records that the recipient reports no longer owning or being responsible for the vehicle; it does not update a government register or authorise collection of a new owner's information.
A request to cancel reminders is different from a request to cancel an appointment. Customer-facing pages must identify which action will occur. Unclear replies should be reviewed by the business rather than treated as confirmed appointments, repair instructions or verified changes to compliance dates.
Customer links may provide limited access without a password. Recipients should not forward them unnecessarily and should tell the business if a link reaches the wrong person. We will restrict the information and actions available through such links and apply suitable expiry, validation and access protections. No link should expose an account's full customer database.
14. Imports, automation and optional AI assistance
You must review import previews and material suggested changes before approving them. Unless a specific function expressly provides otherwise, imported values are source records, not verified facts. We will not knowingly convert uncertain data into a statement of verified vehicle compliance.
Where enabled, AI-assisted functions may suggest column mappings, identify possible duplicates, interpret replies or assist with text. Suggestions can be incorrect or incomplete. They are not professional advice or a replacement for human review where a booking, ownership change, due date or other significant record may be affected.
Clear opt-outs must not wait for AI classification or discretionary staff approval. Ambiguous or low-confidence replies must not be used to fabricate consent, authorise repairs or confirm an appointment. You remain responsible for reviewing actions that the service presents for your approval; we remain responsible for the design and operation of our own automation.
Our permitted use of personal information in optional AI features is described in the Privacy Policy. We will not use identifiable customer data to train general-purpose AI models or permit a supplier to do so as a condition of ordinary MotorMinder use. An AI function must not be enabled until its data handling, supplier terms and relevant notice are suitable for that function.
15. Permitted use and restrictions
You may use MotorMinder for your business's lawful, authorised reminder and customer-administration activities within your accepted plan. You must not use it to send spam, impersonate another person, harass recipients, distribute malware, obtain data through deception, infringe intellectual property, or process information unrelated or excessive for the service's purpose.
You must not bypass authentication, tenant separation, spending limits or security controls; access another customer's records; disrupt the service; or use automated extraction outside a documented export facility or expressly authorised interface. Approved accessibility tools and authorised exports are not prohibited merely because they involve automation.
Do not conduct intrusive security testing against a live service without prior written authorisation. You may report a suspected vulnerability through support without including unnecessary personal information. Nothing in these terms prevents a lawful complaint, protected disclosure, honest review or report to a regulator.
16. Customer data, confidentiality and our processing commitments
You retain the rights you have in your customer data. Personal information is also subject to the rights of the individuals concerned; a statement about business ownership does not override those rights. We do not acquire ownership of your customer database by hosting or processing it.
You authorise us to access, host, copy, transmit and otherwise process customer data only to provide the service on your lawful instructions, maintain and secure it, provide requested support, and meet applicable legal obligations. We do not obtain a general right to sell it, use it to solicit your customers, disclose it to competitors or reuse it for unrelated advertising.
For customer records processed solely on your behalf, you determine the relevant business purposes and we act as your service provider. We handle our own account administration, billing, security and business records for the purposes explained in the Privacy Policy. The actual activity determines our legal responsibilities; describing us as a service provider does not remove obligations that otherwise apply to us.
Both parties must protect the other's confidential information with reasonable care, restrict access to people who need it and are subject to confidentiality obligations, and use it only for the agreement's purposes. This does not restrict information that is lawfully public, independently developed, already lawfully known, or lawfully received without confidentiality restrictions. Necessary legal disclosures must be limited to what is required, with notice where lawful and practicable.
We will take reasonable steps to protect customer data, limit staff and contractor access, maintain account separation, and assist with access, correction, deletion and other lawful requests. We may refuse an instruction that is unlawful and will explain the concern where permitted. We do not disclose one customer's records merely because someone is a customer of a related product or company.
17. Suppliers, integrations and international processing
We may use specialist hosting, backup, communications, payment, support, security and, where enabled, AI providers to perform the service. We will assess relevant providers, limit information to what they need, and use appropriate contractual and operational safeguards for providers acting on our behalf.
Using a supplier does not remove our responsibility for performing obligations we owe you. Providers acting independently, such as a payment provider carrying out its own fraud or legal checks, may have their own information-handling responsibilities, which must be explained at the relevant interaction.
MotorMinder is a standalone product. A common owner, similar branding or a Panel Quote customer discount does not create automatic access to, or sharing with, Panel Quote or another business system. Any future data integration requires separate implementation, clearly described data flows and appropriate authorisation; these terms are not advance authority for an undisclosed integration.
International processing must follow the Privacy Policy and applicable New Zealand requirements. Before introducing a material new use, materially different destination or provider arrangement affecting customer personal information, we will provide appropriate notice and any required choice or authorisation. For a material provider change affecting processing on your behalf, we will normally give at least 30 days' notice and consider a reasonable, specific privacy or security objection. If no reasonable alternative resolves the issue, you may stop the affected feature or terminate it before the change, with a proportionate refund for the unused prepaid affected service. Urgent changes required for security or law may occur sooner, with notice as soon as practicable.
18. Availability, support, maintenance and incidents
We will provide the service with reasonable care and skill and take reasonable steps to maintain its availability and security. We do not promise uninterrupted access, fault-free software, a specific uptime percentage or around-the-clock human support unless separately agreed in writing.
We may perform maintenance, address vulnerabilities and make operational improvements. We will give reasonable advance notice of material planned interruptions where practicable and explain significant known incidents through the contact or status channels available for MotorMinder.
We maintain backup and recovery arrangements appropriate to the service, but a backup is not a guarantee that every recent change can be recovered. You should retain an independent copy of records you must keep. That recommendation does not release us from our backup, security or other express obligations.
On becoming aware of a privacy or security incident affecting data processed for you, we will notify you as soon as reasonably practicable with the information then available, take reasonable containment steps, and cooperate on investigation and any required notifications. We will provide material updates as they become available. Each party remains responsible for statutory notifications that apply to it; neither may unreasonably delay the other's lawful response.
19. Intellectual property
We and our licensors retain rights in the MotorMinder software, branding, documentation and other material we provide. Subject to your plan and these terms, you receive a limited, non-exclusive right to access and use the service for your business during your subscription or trial. You do not acquire the software's source code or a right to resell it merely by subscribing.
You retain rights in your own content, branding and data. You grant only the rights reasonably needed for us to display and process them for the service. Use of your name or logo as a testimonial or customer endorsement requires separate permission.
We may use voluntarily supplied feedback to improve the product, but feedback does not authorise disclosure of confidential information or personal information outside the Privacy Policy.
20. Legal rights, service remedies and refunds
Nothing in these terms excludes a guarantee, remedy, responsibility or liability that cannot lawfully be excluded. Calling a service "business use" does not automatically remove every statutory protection.
Where you acquire the service in trade, both parties are in trade, and all requirements of section 43 of the Consumer Guarantees Act 1993 are satisfied, the parties agree in writing that that Act does not apply to that business supply, but only to the extent that contracting out is fair and reasonable and legally effective. Otherwise, applicable Consumer Guarantees Act rights remain. This exclusion does not apply to a motorist merely receiving a message or using a customer link.
These standard terms do not separately contract out of sections 9, 12A, 13 or 14(1) of the Fair Trading Act 1986. The restrictions on unfair contract terms and other non-excludable protections remain applicable where the law provides.
If we materially fail to provide the agreed service, tell us and give us a reasonable opportunity to put it right where that is appropriate. If the failure is substantial or cannot reasonably be remedied, you may have rights to cancel, obtain a refund or seek another remedy. We will provide the remedy required by law and any additional remedy expressly agreed.
An ordinary change-of-mind cancellation takes effect under section 22, without a refund for the part of a monthly period during which access remains available. That does not limit a refund due to our breach, a billing error, an adverse change covered by these terms, or another legal entitlement. We do not apply a blanket "no refunds" rule.
21. Liability and third-party claims
This section applies only to the extent permitted by law and is subject to section 20. Responsibility is allocated according to the loss actually caused by each party. Each party must take reasonable steps to reduce avoidable loss.
Neither party is liable to the other for loss that is too remote to be recoverable under the applicable law. Subject to the exceptions below, neither is liable for indirect or consequential loss, or loss of anticipated profit, anticipated savings, goodwill or a business opportunity. Reasonable direct costs of restoring or reconstructing affected data are not excluded merely because the loss involves data.
For ordinary claims arising from this agreement, each party's total liability for events first occurring in a rolling 12-month period is limited to the greater of NZ$1,000 and the service fees, excluding GST, paid or payable under this agreement for the 12 months immediately preceding the first event giving rise to the claim. Related events arising from substantially the same cause are treated as one event. The NZ$1,000 floor also applies during a free trial.
For claims arising from a breach of confidentiality, privacy or information-security obligations, a higher combined cap applies: the greater of NZ$10,000 and three times the ordinary cap. This higher cap replaces, and does not add to, the ordinary cap for the same event. All claims from an event count towards the applicable combined cap; different labels for the same loss do not create additional limits.
The caps and exclusions do not limit fraud, deliberate wrongdoing, liability that cannot legally be limited, or payment of properly incurred agreed fees. They do not restrict an individual's statutory privacy rights or the powers of a regulator. Neither party is liable to the extent a loss was caused by the other party's conduct rather than its own breach.
Each party will reimburse the other for reasonable, direct amounts finally awarded to an independent third party, or included in a settlement approved in advance, to the extent caused by the reimbursing party's breach of this agreement or unlawful conduct. For you, this can include an unauthorised customer-data disclosure or unlawful messaging you instructed. For us, this can include an infringement caused by our own software or an unlawful disclosure caused by us. Reimbursement is subject to the same applicable caps, exclusions and allocation of fault above, and does not include a penalty that cannot lawfully be indemnified.
The party facing a claim must give prompt notice, permit reasonable participation in its defence, mitigate loss and not agree to an admission or settlement imposing obligations on the other without consent, not to be unreasonably withheld. Late notice reduces responsibility only to the extent it causes actual prejudice. There is no double recovery for the same loss.
22. Suspension, cancellation and termination
You may cancel a monthly subscription at any time through the account controls or support. Unless you request earlier closure, cancellation takes effect at the end of the current paid period, prevents the next subscription renewal and permits ordinary access until that period ends. Valid usage incurred before sending is stopped remains payable. There is no standard early-termination fee.
We may restrict the affected functionality or suspend an account where reasonably necessary to address a material security risk, unlawful messaging, unauthorised access, a legal requirement or a material breach. We will use a proportionate response, explain the reason where lawful and safe, and restore access when the issue is resolved. Immediate action is reserved for a risk that reasonably requires it; ordinary payment issues follow section 9.
Either party may terminate for a material breach that is not remedied within 14 days after written notice, or immediately where the breach cannot reasonably be remedied or continuing would be unlawful. A notice must describe the breach sufficiently to allow a response.
We may discontinue the service or end an otherwise compliant subscription on at least 30 days' notice. We will provide a proportionate refund of unused prepaid subscription fees and reasonable opportunity to export data. An insolvency event may justify termination where lawful, but a disputed allegation or minor technical breach is not automatically grounds to remove an account without a reasonable process.
Termination does not erase accrued lawful debts, an existing booking agreement with a workshop or obligations that reasonably survive, including confidentiality, lawful retention, accrued remedies and dispute resolution. Opt-outs and privacy requests remain actionable after suspension or termination.
23. Export, closure, retention and deletion
During an active account, you may use available export tools or request a standard machine-readable export of the customer data we can lawfully provide to you. We may verify your authority and protect other people's information. We will not make access to an individual's personal information depend on payment of an account debt.
After a paid subscription ends, we will normally provide at least 30 days to retrieve your customer data through restricted access or a support-assisted export. We will delete or de-identify remaining customer data in active service systems within 90 days of termination, unless you request earlier deletion, agree to a lawful limited extension, or a legal obligation or specific dispute justifies retaining identified records.
An expired free trial is retained in a restricted state for 90 days after expiry to allow activation or retrieval. We will give at least 14 days' notice before the scheduled final deletion. Trial expiry alone is not an instruction to activate billing or an immediate deletion event.
The same 14-day advance deletion notice will normally be given before deleting a closed paid account's remaining active records. It is unnecessary where an authorised person requests immediate deletion or law or security requires earlier action. Notices go to the account's last recorded administrator email.
Routine backups are not used as live accounts. Deleted information may remain in protected backup copies until those copies expire under the retention schedule stated in the Privacy Policy. If a backup is restored, applicable deletion and suppression instructions must be reapplied before ordinary processing resumes.
We may retain limited billing, consent, suppression, legal, security and dispute records for a justified period. That does not authorise indefinite retention of the complete customer database. We do not promise to retain or recover data after the disclosed deletion period. Standard account exports are included; a bespoke reconstruction or conversion requires a separately agreed scope and fee and does not displace statutory access rights.
24. Changes, notices and events outside reasonable control
We may update these terms for changes to the service, law or genuine operational requirements. For a materially adverse change to an existing subscription, we will provide at least 30 days' notice explaining the change and when it takes effect. You may cancel before that date and receive a proportionate refund for unused prepaid service that extends beyond termination. Where law or an urgent security issue requires a shorter period, we will give as much notice as reasonably possible.
We will not treat a silent website edit as retroactive authority to charge a new fee or use personal information for an incompatible purpose. A new charge or materially different data use requiring specific authorisation must receive that authorisation. We will keep a record of the terms applicable to your acceptance and provide it on request.
Routine notices may be sent to the current administrator or billing email and displayed in the account. You must keep those details current. For an important adverse notice, a known delivery failure requires reasonable follow-up rather than an assumption that the notice was received.
Neither party is responsible for a failure caused by an event genuinely beyond its reasonable control, to the extent reasonable precautions could not have prevented it. The affected party must notify the other, mitigate the effect and resume performance promptly. This does not automatically excuse avoidable supplier failures, deficient security, payment for a service not supplied, or obligations that the law requires regardless. If a material interruption continues for 30 days, you may cancel the affected service and receive a proportionate refund of unused prepaid fees.
25. Disputes, applicable law and other provisions
Contact support with enough information to identify a service or billing concern. We will acknowledge it and seek a practical resolution. If it is unresolved after 20 working days, either party may propose mediation; mediation requires mutual agreement and is not a compulsory barrier to a lawful claim.
New Zealand law governs this agreement. Subject to any mandatory rights or jurisdiction, disputes may be brought in New Zealand courts or a tribunal with jurisdiction. Either party may seek urgent relief. Nothing prevents a complaint to the Privacy Commissioner, the Department of Internal Affairs, the Commerce Commission or another competent authority.
Neither party may transfer this agreement in a way that materially reduces the other's protections. We may transfer it with a genuine business transfer if the successor can perform the obligations, remains bound by the privacy and confidentiality commitments, and we provide reasonable notice. If that change materially disadvantages you and cannot reasonably be addressed, you may cancel with a proportionate refund of unused prepaid fees.
If a provision is unlawful or unenforceable, it is ineffective to that extent; the remaining agreement continues where it can fairly operate. Not enforcing a right immediately does not waive it. These terms do not create a partnership, employment relationship or general agency between the parties.
This agreement records the agreed service arrangements but does not exclude liability for misleading statements or remove a statutory remedy. No person other than the parties receives a contractual right to enforce it unless an express written provision or applicable law provides otherwise.
Related page: Privacy Policy at /privacy.