Terms of use

These terms are the agreement between The Workshop est 1924 Ltd (“we”, “us”) and the business that subscribes to Spanner (“you”). Spanner is workshop management software that we provide over the internet. By signing up for or using Spanner, you agree to these terms on behalf of your business.

1. Who Spanner is for

Spanner is supplied to businesses, for business purposes. Because of that, you and we agree that the Consumer Guarantees Act 1993 does not apply, and that sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 do not apply, to the extent the law allows. We both agree this is fair and reasonable. Nothing in these terms limits any right that cannot be excluded by law.

2. Your subscription

• The subscription is per workshop, charged monthly in advance. The price and what it includes (such as the number of office users) are shown on our pricing or in your quote. Prices exclude GST.
• Some things are charged as you use them, such as text messages and NZTA vehicle lookups. These are charged monthly in arrears at the rates we tell you.
• Moving your records across from Mechanics Desk is free. From other software, it is quoted separately before any work starts.
• We may change our prices by giving you at least 30 days' notice by email.
• Invoices are due within 20 days. If an invoice is unpaid 14 days after it is due, we may suspend access after telling you. Your data is kept safe while access is suspended.

3. Cancelling

There is no fixed term. Either of us can end the subscription with 30 days' notice by email. We don't refund part months. Before your subscription ends, you can ask us for a copy of your data (see section 6).

4. Using Spanner properly

You are responsible for:

• your users: who you give logins to, keeping logins to the person they belong to, and removing people who leave;
• the information you put into Spanner being accurate and collected lawfully, including your customers' details;
• having your customers' consent before sending them marketing emails or texts, as the Unsolicited Electronic Messages Act 2007 requires, and acting on unsubscribe requests;
• checking documents before they go out: invoices, estimates and purchase orders are produced from what you enter.

You must not use Spanner for anything unlawful, try to get into another workshop's data, interfere with how Spanner runs, or copy, resell or take apart the software.

5. Xero and other services

Spanner can connect to other services you choose, such as Xero, a text message provider and NZTA vehicle information. Those services have their own terms, and we are not responsible for them. Spanner sends your finished invoices and supplier bills to Xero and reads payments back; Xero remains your accounting system. Spanner does not give accounting, tax or legal advice, and you remain responsible for your GST returns and your books.

6. Your data

• Your business data stays yours: your customers, vehicles, jobs, invoices and everything else you put in.
• We use it only to provide and support Spanner for you. We don't sell it and don't use it for anyone else.
• When your subscription ends, we will give you a copy of your main records in a common format if you ask within 30 days. After 90 days we delete your data, apart from anything we must keep by law.
• How we handle personal information is explained in our privacy policy.

7. Our software

We own Spanner and everything in it, other than your data. While you subscribe, you have the right to use it for your workshop. If you send us ideas or feedback, we may use them to improve Spanner.

8. Keeping Spanner running

We work to keep Spanner available, secure and backed up, and to fix problems promptly. We can't promise it will never be interrupted: there may be maintenance, and outages of the internet or of services we rely on. We may improve and change Spanner over time; if we remove something important to you, we will tell you first.

9. Liability

To the extent the law allows, we are not liable for indirect or consequential loss, or for loss of profit, revenue, data or business, however it arises. Our total liability to you for anything to do with Spanner is limited to the subscription fees you paid us in the 12 months before the claim arose.

10. Confidentiality

Each of us keeps the other's confidential information private and uses it only for the purposes of this agreement, unless the law requires otherwise.

11. Changes to these terms

We may update these terms. If a change matters, we will email you at least 30 days before it takes effect. Carrying on using Spanner after that means you accept the change.

12. General

These terms are governed by New Zealand law, and the New Zealand courts deal with any dispute. If we disagree about something, we will both try to sort it out in good faith first. If any part of these terms can't be enforced, the rest still applies.

Contact

The Workshop est 1924 Ltd, Pukekohe, New Zealand. Email hello@spanner.nz.