Terms of Service

These Terms of Service ("Terms") are an agreement between you and [LEGAL ENTITY NAME] (NZBN [NZBN]), trading as CertMate ("CertMate", "we", "us", "our"). They govern your access to and use of the CertMate website and application (the "Service"). By creating an account or using the Service, you agree to these Terms. If you are agreeing on behalf of a company or other organisation, you confirm you have authority to bind that organisation, and "you" includes that organisation. If you do not agree to these Terms, do not use the Service.

1. Agreement

These Terms of Service ("Terms") are an agreement between you and [LEGAL ENTITY NAME] (NZBN [NZBN]), trading as CertMate ("CertMate", "we", "us", "our"). They govern your access to and use of the CertMate website and application (the "Service"). By creating an account or using the Service, you agree to these Terms. If you are agreeing on behalf of a company or other organisation, you confirm you have authority to bind that organisation, and "you" includes that organisation. If you do not agree to these Terms, do not use the Service.

2. Definitions

Account means your registered CertMate account.

Certifying electrician means a user who holds the relevant electrical registration and creates certificates.

Content means any data, text, certificates, signatures and other information you create, upload or store using the Service.

Subscription means a paid plan for use of the Service.

3. Eligibility

You must be at least 18 years old to use the Service. Some features are intended only for people who hold current electrical registration in New Zealand. You are responsible for ensuring you hold the registration and authority required for the work you certify.

4. Your account

To use the Service you must create an account with accurate and complete information and keep it up to date. You are responsible for keeping your login details secure and for all activity that occurs under your account, including activity by any staff or apprentice users you add. Notify us promptly if you believe your account has been accessed without authorisation.

5. Free trial

We may offer a free trial. At the end of the trial period your access to paid features will stop unless you start a paid subscription. We may change or withdraw trial offers at any time. Any Content you created during a trial may be deleted if you do not subscribe, so export anything you need before the trial ends.

6. Subscriptions, fees and billing

Subscription fees are charged per certifying electrician, as set out on our pricing page. Prices are in New Zealand dollars and exclude GST unless stated otherwise.

Subscriptions are billed in advance on a recurring basis and renew automatically for the same period unless cancelled. Payment is processed by our payment provider, and by subscribing you authorise us to charge your nominated payment method for each billing period.

We may change our prices. If we do, we will give you reasonable advance notice, and the new price will apply from your next billing period after the notice.

7. Cancellation and refunds

You can cancel your subscription at any time, effective at the end of your current billing period. Unless required by law, fees already paid are not refundable for partial periods. Cancelling stops future billing but does not delete your Content immediately. See section 16 for what happens to your data after cancellation.

8. Acceptable use

You agree not to:

• Use the Service for any unlawful purpose or in breach of these Terms
• Create false, misleading or fraudulent certificates
• Attempt to gain unauthorised access to the Service or other accounts
• Interfere with or disrupt the Service or its security
• Copy, modify, reverse engineer or resell the Service except as allowed by law
• Use the Service to store or transmit anything unlawful, harmful or infringing

We may suspend or terminate accounts that breach this section.

9. Your compliance responsibility

CertMate is a tool that helps you produce, sign, send and store compliance certificates. It does not check, verify or guarantee the accuracy, completeness or legal compliance of any certificate you create, and it does not provide legal, regulatory or electrical compliance advice.

You, as the certifying electrician, remain solely responsible for:

• The correctness and completeness of every certificate you issue
• Ensuring the work and the certificate comply with all applicable laws, regulations and standards
• Holding the registration and authority required to do the work and issue the certificate
• Retaining certificates for any period required by law

You must not rely on the Service as a substitute for your own professional judgement or legal obligations.

10. Your Content

You own your Content. You grant us a limited licence to host, store, process and display your Content only as needed to provide the Service to you and as described in our Privacy Policy. You are responsible for the accuracy of your Content and for having the right to collect and use any third party information you enter, including your clients' information.

11. Availability

We work to keep the Service available and reliable, but we do not guarantee it will be uninterrupted or error free. We may carry out maintenance, updates and changes, and may need to suspend access from time to time. Where practical we will give notice of planned downtime.

12. Liability

Nothing in these Terms limits your rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 where those rights apply and cannot lawfully be excluded.

Where you acquire the Service for the purposes of a business, you agree that the Consumer Guarantees Act does not apply, to the extent permitted by section 43 of that Act.

To the maximum extent permitted by law:

• The Service is provided on an "as is" and "as available" basis without warranties of any kind.
• We are not liable for any indirect, consequential or special loss, or for any loss of profit, revenue, data, goodwill, or any loss arising from the content of certificates you create or your compliance obligations.
• Our total liability to you for any claim connected with the Service is limited to the amount you paid us for the Service in the three months before the event giving rise to the claim.

13. Indemnity

You agree to indemnify us against claims, losses and costs arising from your breach of these Terms, your misuse of the Service, or the content of certificates you create.

14. Intellectual property

We own all rights in the Service, including the software, design, and branding. These Terms do not transfer any of those rights to you. You may use the Service only as permitted by these Terms.

15. Suspension and termination

We may suspend or terminate your access if you breach these Terms, fail to pay, or use the Service in a way that creates risk for us or others. You may stop using the Service and close your account at any time.

16. Your data after termination

After your account ends, we will give you a reasonable opportunity to export your Content. After that period we may delete your Content, subject to any legal retention obligations and as described in our Privacy Policy. We recommend you keep your own copies of certificates you are required to retain.

17. Changes to these Terms

We may update these Terms from time to time. When we make material changes we will update the effective date and, where appropriate, notify you. Continuing to use the Service after changes take effect means you accept the updated Terms.

18. Governing law

These Terms are governed by the laws of New Zealand, and you submit to the non-exclusive jurisdiction of the New Zealand courts.

19. Contact

[LEGAL ENTITY NAME] trading as CertMate

[REGISTERED ADDRESS]

Email: [SUPPORT EMAIL]