Terms of Service

1. Agreement to Terms

By accessing or using JobNest ("the Service"), operated by JobNest ("we", "us", "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

These Terms apply to all users, including business account holders, team members, and any person who accesses the Service.

2. Description of Service

JobNest is a cloud-based platform for managing service businesses. Features include job scheduling, client management, invoicing, quoting, team coordination, photo documentation, and third-party integrations. The Service is provided on a subscription basis with multiple plan tiers.

3. Calculations, Estimates & Compliance

3.1 Travel Time Estimates

The Service provides estimated travel times between job locations using third-party mapping services (Google Maps). These estimates are approximations based on distance data and configurable adjustments. They do not account for real-time traffic conditions, road closures, detours, or other variables that may affect actual travel time. You acknowledge that travel time estimates may differ from actual travel times and should be verified before use in payroll or other financial calculations.

3.2 Paid Break Calculations

The Service provides configurable paid break calculations. Default values are based on our understanding of minimum entitlements under the Employment Relations Act 2000 (New Zealand) at the time of implementation. However, legislation may change, and these defaults may not reflect the most current legal requirements. You are responsible for verifying that your break pay settings comply with all applicable laws, employment agreements, and collective agreements.

3.3 No Legal, Employment, or Accounting Advice

The Service is a business management tool, not a legal, employment, or accounting advisory service. Any calculations, estimates, defaults, or suggested values provided by the Service (including but not limited to travel time, paid breaks, payroll summaries, invoice amounts, and GST calculations) are provided as tools for your convenience only. They do not constitute professional advice.

You are solely responsible for:

• Ensuring compliance with New Zealand employment law, including the Employment Relations Act 2000, Holidays Act 2003, and Minimum Wage Act 1983
• Verifying the accuracy of all calculations before using them for payroll, tax filings, or other official purposes
• Obtaining independent legal or accounting advice where appropriate
• Configuring the Service correctly for your specific business requirements

3.4 Configurable Settings

Certain features allow you to customise calculation parameters (e.g. break rules, travel adjustment percentages, tracking modes). You are responsible for reviewing and maintaining these settings. We do not monitor whether your custom settings comply with applicable laws or employment agreements.

4. Account Registration

• You must provide accurate and complete information when creating an account.
• You are responsible for maintaining the security of your account credentials.
• You must notify us immediately if you suspect unauthorised access to your account.
• You must be at least 16 years old to use the Service.
• One person or business entity may not maintain more than one free (Starter) account.

5. Subscriptions & Payments

5.1 Plans

The Service is offered under multiple subscription plans (Starter, Growth, Business, Enterprise). Plan features, limits, and pricing are described on our Pricing page. All prices are in New Zealand Dollars (NZD) and are exclusive of GST unless stated otherwise.

5.2 Billing

Paid subscriptions are billed monthly in advance. Payment is processed by Stripe. By subscribing to a paid plan, you authorise us to charge your payment method on a recurring basis. All prices are in New Zealand Dollars (NZD) and exclude GST (15%) unless stated otherwise.

5.3 Free Trial

Paid plans may include a free trial period. At the end of the trial, your payment method will be charged unless you cancel before the trial expires.

5.4 Cancellation

You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period. No refunds are provided for partial billing periods.

5.5 Plan Changes

You may upgrade or downgrade your plan at any time. Upgrades take effect immediately; downgrades take effect at the next billing cycle. Downgrading may result in loss of access to features or data limits associated with higher plans.

5.6 Failed Payments

If a payment fails, we will notify you and may retry the charge. If payment remains unsuccessful after a reasonable period, we may suspend or downgrade your account.

6. Your Data

6.1 Ownership

You retain full ownership of all data you enter into JobNest, including client information, job records, invoices, photos, and team data. We do not claim any intellectual property rights over your data.

6.2 Licence to Operate

You grant us a limited licence to store, process, and transmit your data solely for the purpose of providing the Service. This licence terminates when you delete your data or close your account.

6.3 Multi-Tenant Isolation

Your data is logically isolated from other tenants on the platform. We implement strict access controls to ensure your data is not accessible to other users or businesses.

6.4 Data Export

You may export your data at any time using the export features provided within the Service.

6.5 Data Deletion

Upon account closure, we will delete your data within 90 days, subject to any legal retention requirements (e.g. tax records).

7. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of New Zealand law
• Upload content that is defamatory, obscene, or infringes third-party rights
• Attempt to gain unauthorised access to the Service, other accounts, or our systems
• Interfere with or disrupt the Service or its infrastructure
• Use the Service to send unsolicited bulk messages (spam)
• Reverse-engineer, decompile, or attempt to extract the source code of the Service
• Resell or redistribute the Service without our written consent
• Use automated means (bots, scrapers) to access the Service except through our official API

We reserve the right to suspend or terminate accounts that violate these terms.

8. Third-Party Integrations

The Service allows you to connect third-party services such as Xero, Stripe, and WhatsApp. When you enable an integration:

• You authorise us to exchange data with the third-party service as necessary to provide the integration
• You are responsible for complying with the third party's terms of service
• We are not responsible for the availability, accuracy, or security of third-party services
• You may disconnect integrations at any time from your account settings

9. Client Communications

JobNest enables you to send communications (email, SMS, WhatsApp) to your clients. When using these features:

• You are responsible for ensuring you have appropriate consent to contact your clients
• You must comply with the Unsolicited Electronic Messages Act 2007 (NZ)
• We are a conduit for your messages and are not responsible for their content
• Message delivery depends on third-party providers and is not guaranteed

10. Intellectual Property

The Service, including its design, code, features, and documentation, is owned by JobNest and protected by copyright and intellectual property laws. Your subscription grants you a non-exclusive, non-transferable, revocable licence to use the Service for your business operations.

11. Availability & Support

We strive to maintain high availability but do not guarantee uninterrupted service. Planned maintenance will be communicated in advance. We provide support via email at [email protected]. Response times may vary by plan.

12. Limitation of Liability

To the maximum extent permitted by New Zealand law, including the Consumer Guarantees Act 1993 (where applicable):

• The Service is provided "as is" without warranties of any kind, whether express or implied
• We are not liable for any indirect, incidental, special, or consequential damages arising from your use of the Service
• Our total liability for any claim arising from these Terms shall not exceed the amount you paid us in the 12 months preceding the claim
• We are not liable for losses caused by third-party service outages, data breaches at third-party providers, or force majeure events

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under New Zealand law.

If you are acquiring the Service for business purposes, you agree that the Consumer Guarantees Act 1993 does not apply to the supply of the Service, to the fullest extent permitted by section 43(2) of that Act.

13. Indemnification

You agree to indemnify and hold harmless JobNest from any claims, damages, or expenses arising from your use of the Service, your violation of these Terms, or your violation of any third party's rights.

14. Termination

• By you: You may close your account at any time. Active subscriptions will continue until the end of the billing period.
• By us: We may suspend or terminate your account if you breach these Terms, fail to pay, or engage in conduct that is harmful to the Service or other users. We will provide reasonable notice where practicable.

Upon termination, your right to use the Service ceases. We will retain your data for 90 days to allow recovery, after which it will be permanently deleted.

15. Changes to These Terms

We may modify these Terms at any time. Material changes will be communicated via email or a notice within the platform at least 14 days before taking effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

16. Governing Law & Disputes

These Terms are governed by the laws of New Zealand. Any disputes arising from these Terms or the Service will be subject to the exclusive jurisdiction of the courts of New Zealand.

Before initiating legal proceedings, you agree to attempt to resolve any dispute informally by contacting us at [email protected].

17. Force Majeure

Neither party will be liable for any delay or failure to perform obligations under these Terms caused by events beyond reasonable control, including but not limited to: natural disasters, power outages, internet disruptions, cloud provider outages, pandemics, government actions, or acts of war or terrorism.

18. General

• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force.
• Entire agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and JobNest.
• No waiver: Failure to enforce any right or provision does not constitute a waiver of that right.
• Assignment: You may not assign your rights under these Terms without our prior written consent.

19. Contact

If you have questions about these Terms, please contact us:

• Email: [email protected]
• Website: jobnest.co.nz