Welcome to ezPSA, online service management software designed for small-to-medium
sized IT companies. These Terms of Service are intended to explain our obligations
as a service provider and your obligations as a customer. Please read them carefully.
1. EzPSA Liability Disclosure & Terms of Service
(i) By using EzPSA you are agreeing to be bound by the following terms and conditions
("Terms of Service”).
(ii) This agreement constitutes an agreement between you and EzPSA governing your
use of EzPSA ("the Service"), superseding any prior agreements between you and EzPSA
(including but not limited to any previous version of this agreement).
(iii) These Terms of Service are binding for any use of the Service and apply to
you from the time that ezPSA provides you with access to the Service.
(iv) EzPSA reserves the right to update and change the Terms of Service without
notice. Any new features that add to the current Service, including the release
of new tools and resources, shall be subject to the Terms of Service. Continued
use of EzPSA after any such changes shall constitute your consent to such changes.
You can review the most current version of the Terms of Service at any time on www.ezpsa.com.
(v) Whist EzPSA prohibits unauthorised conduct and content on the Service, you may
be exposed to such materials and you agree to use the Service at your own risk.
2. Account Terms
(i) Accounts registered or run through automated methods are not permitted.
(ii) You must provide your legal full name, a valid email address, and any other
information requested in order to complete the sign up process.
(iii) You are responsible for maintaining the security of your account and password.
EzPSA will not be liable for any loss or damage from your failure to comply with
this security obligation.
(iv) You are responsible for all content posted and activity that occurs under your
account.
(v) You will notify EzPSA immediately of any unauthorised use of any password or
account or any other known or suspected breach of security.
Violation of any of these terms will result in the termination of your account.
3. Your Conduct
(i) You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion
of EzPSA.
(ii) You may not use EzPSA for any illegal or unauthorised purpose. In your use
of EzPSA you must not violate any laws, including but not limited to all applicable
local, state, national and foreign laws, treaties and regulations, including those
related to copyright, data privacy, international communications and the transmission
of technical or personal data.
(i) You must not attempt to gain unauthorised access to the site, or another user’s
account on the site.
(ii) You must not falsely imply that any other website or service is associated
with EzPSA.
(iii) You may not create Internet "links" to the Service or "frame" or "mirror"
any content on any other server or wireless or Internet-based device.
(iv) You may not reverse engineer or access the Service in order to (a) build a
competitive product or Service, (b) build a product using similar ideas, features,
functions or graphics of the Service, or (c) copy any ideas, features, functions
or graphics of the Service.
(v) You agree not to send or store material, or otherwise make available to the
site, material in any format that contains software viruses, worms, Trojan horses
or other harmful computer code, files, scripts, agents or programs designed to interrupt,
interfere, intercept, expropriate, destroy or limit the functionality of any data,
personal information, computer software or hardware or telecommunications equipment.
(vi) Any and all code, including the look and feel is owned by EzPSA. You may not
duplicate, copy or reuse any portion of the HTML, CSS, visual design elements or
code without express written permission from EzPSA.
Violation of any of these terms will result in the termination of your account.
4. Payment and Refund Terms
(i) When you initially sign up for a EzPSA account, you are entitled to our 21 Day
Free Trial.
(ii) To continue to use the Service beyond the free trial period, we require either
a credit card (Mastercard or Visa) or a PayPal account and authorisation to charge
the EzPSA Service to your chosen payment option.
(iii) The use of EzPSA is billed in advance on a monthly basis and is non-refundable
after your initial free trial period expires. There will be no refunds or credits
for partial months of Service or refunds for months unused with an open account.
(iv) All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities,
and you shall be responsible for payment of all such taxes, levies, or duties.
5. Cancellation and Termination
(i) Cancellation of your account must be done in writing. You are solely responsible
for properly cancelling your account.
(ii) Upon cancellation of an account, payment is to be made up to the end of the
billing period you are in, no refunds will be given.
(iii) Cancelled accounts will have their data archived in a secure backup facility
for six months.
(iv) EzPSA, at its sole discretion, has the right to suspend or terminate your account
and refuse any and all current or future use of EzPSA, for any reason at any time.
Such termination will result in the deactivation or deletion of your account or
your access to your account, and the forfeiture and relinquishment of all content
in your account.
(v) Clauses 3, 4, 8, 9 and 10 survive the expiry or termination of these Terms.
6. Modifications to the Service and Prices
(i) EzPSA reserves the right at any time to modify or discontinue the Service (or
any part thereof) with or without notice.
(ii) EzPSA reserves the right to increase prices. Notice will be given of at least
30 days in advance of any price changes.
(iii) EzPSA shall not be liable to you or to any third party for any modification,
price change, suspension or discontinuance of the Service.
7. Service Availability and Support
(i) In the case of technical problems you must make all reasonable efforts to investigate
and diagnose problems before contacting EzPSA. If You still need technical help,
please use the support options provided online by EzPSA on www.ezpsa.com or email
us at support@ezpsa.com.
(ii) EzPSA Business Hours are Monday to Friday, 8 a.m. to 5 p.m., NZST, excluding
NZ public holidays.
(iii) Technical support is only provided to paying account holders.
(iv) EzPSA offers a 30-day money back guarantee on your paid Service. If you’re
not completely satisfied after your first month using EzPSA, we’ll give you a full
refund, no questions asked.
(v) While EzPSA makes all efforts to prevent any disruption to Service during any
update or upgrade, there may be times where EzPSA is inaccessible. Updates and upgrades
will be scheduled to avoid peak usage times.
8. Data Ownership and Security
(i) EzPSA does not own any data, information or material that you submit to the
Service in the course of using the Service ("Customer Data"). You shall have sole
responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness,
and intellectual property ownership or right to use of all Customer Data, and EzPSA
shall not be responsible or liable for the deletion, correction, destruction, damage,
loss or failure to store any Customer Data.
(ii) EzPSA has no obligation to monitor and access customer accounts, but may do
so if for any reason it believes there is just cause. (Reasons could include uploading
of virus infected files or for general customer support.)
(iii) Any data entered in your live account database or uploaded to the Service
remain yours and can be supplied as a digital file upon request.
(iv) EzPSA does not pre-screen any content, but reserves the right (but not the
obligation) to refuse or remove any content available via the Service.
(v) EzPSA will at all times be committed to ensuring privacy of information. Any
information submitted by the customer will only be used by EzPSA in the manner intended
by the customer or by the terms of this agreement.
(vi) Unless EzPSA has the prior written consent of the customer or unless required
to do so by law, EzPSA will never distribute your information to third parties,
and all EzPSA staff are under confidentiality and non-disclosure agreements.
(vii) Backup of data is the sole responsibility of the customer. However, EzPSA
will be responsible for ensuring regular backups of the subscription account data
and the server itself.
(viii) EzPSA will not accept under any circumstances the liability for the loss
of customer data through general use, hacking or server failure.
9. Intellectual Property Ownership
(i) Title to, and all Intellectual Property Rights in, the Customer Data remain
your property. However, your access to the Customer Data is contingent on full payment
of your account when due. You grant EzPSA a licence to use, copy, transmit, store,
and back-up your information and Customer Data for the purposes of enabling you
to access and use the Services and for any other purpose related to provision of
services to you.
(ii) Title to, and all Intellectual Property Rights in the Services, the EzPSA website
and any documentation relating to the Services remain the property of EzPSA (or
its licensors).
(iii) EzPSA alone shall own all right, title, and interest, including all related
Intellectual Property Rights, to any suggestions, ideas, feedback, recommendations
or other information provided by you relating to the Service.
10. General Conditions
(i) EzPSA gives no warranty about the Services. Without limiting the foregoing,
EzPSA does not warrant that the Services will meet your requirements or that it
will be suitable for any particular purpose. To avoid doubt, all implied conditions
or warranties are excluded in so far as is permitted by law, including (without
limitation) warranties of merchantability, fitness for purpose, title and non-infringement
(ii) The failure of EzPSA to exercise or enforce any right or provision of the Terms
of Service shall not constitute a waiver of such right or provision. The Terms of
Service constitutes the entire agreement between you and EzPSA and govern your use
of the Service, superseding any prior agreements between you and EzPSA (including,
but not limited to, any prior versions of the Terms of Service).
(iii) Questions about the Terms of Service should be sent to EzPSA via the Contact
form on www.EzPSA.com.