Business Boost Terms and Conditions

Term

1.1. A legally binding agreement will be formed on the date you accept the Terms of Service by marking “Accept T&C’s” during sign up and will remain in full force and effect until the agreement is terminated in accordance with these Terms of Service.

Accepting the terms

2.1. By engaging us to provide the Service and registering for access to the Platform, you accept and agree to be bound by these Terms of Service between you and Business Boost eCommerce Limited of Auckland, New Zealand (“we”, “us”, “our” and other similar expressions).
2.2. You acknowledge that these Terms of Service are between you and us only.

Variation

4.1. We may at any time vary the Terms of Service by publishing the varied Terms of Service on our Website and/or Platform. You accept that by doing this, we have provided you with sufficient notice of the variation and agree to be bound by the most current version of the Terms of Service published on the Website and/or Platform.

Fees and Payment

6.1. Your subscription may be subject to a minimum initial subscription period and/or we may make available various subscription period options (e.g. 12 or 24 month subscriptions). The fees payable for the Platform and your subscription period are set out under the My Account > Usage & Plan or the provided proposal document.
6.2. The fees payable may vary from time to time by notice being published on our website. Changes to the fees will take effect immediately following the expiry of the subscription period in which we notify the change to you.
6.3. Unless otherwise agreed, if you are subscribed to a monthly subscription, payment terms are that our fees will be billed monthly in advance to the credit card on file on your monthly anniversary date.
6.4. If your subscription is subject to a minimum initial subscription period and/or you have selected a subscription period other than monthly:
(a) unless otherwise agreed, our fees will be billed in advance of the relevant subscription period to the credit card on file; and
(b) at the end of the subscription period, your subscription will automatically renew for successive subscription periods of the same length, unless you notify us at least 30 days prior to the end of the then-current subscription period that you wish to change to an alternative subscription period.
6.5. For the avoidance of doubt, you must still pay the subscription fees in accordance with this clause even if you have chosen not to use data provided by the platform.
6.6. All pricing excludes applicable Tax and will be charged in USD/AUD/NZD depending on your currency selection (Tax includes sales tax, VAT, GST and taxes of a similar nature). You must pay all our fees without deduction or set off.

Support Services

13.1. We will supply the Support Services to you in consideration for payment of the subscription fees in accordance with clause 6.
13.2. If you do not pay the subscription fees, we will immediately??? cease providing the Support Services.
13.3. The nature of the Support Services will vary depending on the plan that you choose.

Your obligations

14.1. You must provide us with such co-operation and support as we may reasonably request to perform the Service including by:
(a) providing accurate and prompt responses to our requests for any information or documentation reasonably required by us to perform the Service.
(b) ensuring that all information that you provide to us including, without limitation, when creating any account must be accurate, current and complete.
23. Suspension
23.1. We may without notice block and/or suspend or in ? days your access to and use of the Platform and/or the Service if:
(a) you breach these Terms of Service
(b) we reasonably believe that your access and use of the Platform and/or the Service will cause technical incapacity to the Platform and/or the Service which will continue unless access or use is suspended.
23.2. You must not object to any delay in restoring access to the Platform or the Service when a suspension is lifted. We will act promptly to restore access when we are satisfied that the reason for suspension has been removed.

Termination

25.1. In addition and without prejudice to any other rights or remedies, we may terminate the agreement and your access to the Platform at any time for any reason at our sole discretion with or without notice to you, including if we in good faith believe you have violated any other provision of these Terms of Service.
25.2. You may terminate this agreement at any time on written notice to us
25.3. This agreement will automatically terminate and your access to the Platform and Support Services will immediately cease should you fail to pay any of the fees that become due and payable to us under these Terms of Service.
25.3. This agreement will automatically terminate and your access to the Platform and Support Services will immediately cease should you fail to pay any of the fees that become due and payable to us under these Terms of Service.
25.4. On termination of this agreement:
(a) you will not be entitled to any refund of any fees already paid.
(b) if the termination occurs part way through a subscription period for which the subscription fees have not been fully paid in advance:
(i) you must pay the subscription fees for the remainder of the subscription period left to run as at the date of termination; or
(ii) alternatively, where you have selected an optional extended subscription period (e.g. an optional 12 or 24 month subscription), we may, at our sole discretion, elect to charge you the difference between the subscription fees paid by you and the subscription fees that would have been payable to the date of termination had you selected a monthly subscription. You must pay any amount payable under this clause 25.4(b) immediately following the date of termination or, where clause 25.4(b)(ii) applies, immediately following receipt of our invoice.
(c) your right to use the Platform will automatically terminate immediately.
(d) ongoing support services supplied by us will cease immediately;
(e) all licences granted to you under these Terms of Services will be terminated immediately.
25.5. Termination of the agreement does not affect any accrued rights or liabilities either you or we have under the agreement nor does it affect any provision of these Terms of Service which is expressly or by implication intended to operate after termination.
25.6. In addition to any other obligation in these service terms, on cancellation or termination of this agreement, we may delete all data including any content, files (including without limitation email files if applicable) from our systems (including any storage media) without any liability to you whatsoever.

Notices

26.1. Notices given under these Terms of Service must be in writing and delivered by email. The address for delivery of a notice to you is the email address linked to your account. The address for delivery of a notice to us is: Business Boost eCommerce Limited Email:

[email protected]

13.3. The nature of the Support Services will vary depending on the plan that you choose.