Rightnow Ltd

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RightNow Terms of Service
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1. These Terms and Conditions

These terms and conditions apply when RightNow provides any service or any goods to its customers. In these terms 'RightNow', 'we', 'our' or 'us' refers to RightNow Limited. 'You' or 'Your' means you, our customer. 'Service' means any goods or services of any kind that form a part of our business relationship with you.

2. Other Terms, Conditions and Policies

Our general site policy sets out our expectations in terms of conduct for anyone visiting our website whether a RightNow customer or not. Other separate policies may be applied at any time for other RightNow services or products. If our services are used in contravention of these policies, we reserve the right to withhold, restrict, suspend or cancel your use of them. Our site policy can be viewed on our homepage http://www.rightnow.co.nz.

3. Our Contact Details

If you need to contact us you can either:

. Ring us on +64 7 576 0247
. Fax us on +64 7 576 4143
. Email us at info@rightnow.co.nz
. Snail-mail us at P.O. Box 14106, Tauranga, New Zealand
. Visit us at 102 Maxwells Road, Tauranga, New Zealand

4. Our Commitments to You

In providing services to you we will:

. Provide our services with care and skill to the best of our ability
. Begin providing you with services within a reasonable time or in accordance with any agreement we may have with you
. Make sure to the best of our ability that the services we provide do everything we say they will do 
. Do our very best to provide our services but at no time will we guarantee that any service will be continuous or fault-free
. Restore any interrupted or faulty service as soon as we reasonably can

5. Your Responsibilities to Us

When we supply a service or product to you it is your responsibility to:

. Make sure all the information you provide us with is accurate and complete
. Follow all policies applying to your use of our product or services and any instructions about using them
. Use our products or services in a responsible way so as not to annoy anyone else
. Never introduce anything harmful or destructive (like a virus) nor gain access to, or interfere in any way with our, or anyone else's computer system, website or computer service
. Comply with all the appropriate New Zealand Laws including but not limited to the Privacy Act 1993, the Fair Trading Act 1986, the Copyright Act 1994, the Defamation Act 1992 and any relevant advertising codes of practice and any acts or codes that succeed them
. Make sure that everyone else who uses the products or services we supply to you, or who does anything in relationship with them, also meets these responsibilities

6. Website Hosting

RightNow can host your site on the World Wide Web. This brings additional legal and ethical responsibilities to us and you, our customer. However, we will not always be hosting your website. In the event that your website is hosted by a third party, it is your responsibility to review that company's terms and conditions. We will advise you if we are not hosting your website.

Where we are hosting your website we will do our reasonable best to:

. To allow uninterrupted access to your website by internet users 
. In the event of equipment failure, to restore online access by internet users as fast as possible
. To make safe the data that makes up your website by performing regular and timely backups of your website
. Protect the security of your website from illegal intrusion or attack 
. Advise you in advance if our servers need to be shut down for routine maintenance and to keep maintenance time as short as possible

Your responsibilities to us are:

. Maintain, and accept full responsibility for the content of your website in accordance with the New Zealand laws that relate to operation of any business, promotion or advertisement or public offer of any kind
. To refrain from any act or practice that is considered by us as likely to cause harm to our equipment or the operation of our equipment 
. To refrain from any act or practice that is regarded by us an unacceptable practice

Unacceptable practices relating to your website include but are not limited to the following:

. Introducing any virus, script or any other thing to your website that is likely to cause harm to us, our equipment or anyone else's website or equipment 
. Unauthorised use or attempt to use other customer's account or website including 'tricking' others into releasing their passwords
. Any attempt to gain access to someone else's website or computer system whether they are a RightNow customer or not. Hacking in any form will not be tolerated
. Inclusion of any website content that is considered by us to be offensive or inappropriate to the general internet community. This includes but is not limited to pornography, bigotry, racism, hatred, instructions or information about illegal activities, promotion of physical harm or injury against any group or individual, any act of copyright infringement including offering pirated computer programmes or links to such programmes or utilities, information used to circumvent manufacturer-installed copy-protect devices including serial or registration cracking utilities and key generators
. Spamming (unsolicited, repeated bulk emailing) in any form

You may choose to include in your website a Bulletin Board System or Chat Room. RightNow accepts no responsibility for the content of any material posted by the users of these services. It is your responsibility to monitor or moderate BBS and Chat Room content.

If your Website includes a BBS or Chat Room you may not allow users to distribute, upload or publish anything that is defamatory, libellous, pornographic, obscene or abusive; promotes hatred, violence or any illegal conduct or other illegal activity or in any way violates any law or the rights of others.

7. Services From Suppliers Other Than RightNow

You are responsible for your relationship with anyone who does anything else for you; for example, a photographer, a graphic artist, a software supplier or your internet service provider. If there is a problem with a service or product provided to you by someone other than us, you need to contact these suppliers and not us if there is a problem.

8. Responsibility for Equipment or Software

If someone other than us has supplied you with software or equipment/hardware and there is a problem, you need to contact the supplier or manufacturer rather than us.

9. Our Charges and Credit Arrangements

You must pay for the services or products we provide for you regardless of who actually uses them. Most charges are payable monthly. We may change our charges from time to time.

We will tell you about our charges for any product you request before we supply or start providing that service.

At any time you may be required to:

. Provide satisfactory evidence that you will be able to pay the charges for our services
. Arrange a 'fair' bond, guarantee or other security

10. Billing

Most of our services require that you lodge an Automatic Payment with your bank for the monthly payment of your account. In turn, we will invoice you each month with a certified GST invoice for the amount of the Automatic Payment.

The bill which we send you will be based on our records. If you think there has been a mistake on your bill, please contact the numbers shown on your bill and we will investigate the matter for you.

Some of the products or services we supply to you require you to pay three months in advance plus any part month. This payment will generally be a credit card transaction. After receipt of your initial payment, we will forward to you an Automatic Payment form which is to be deposited with your bank in time for processing the payment due on the fourth month. Our Bank details, payment details and the date the payments are to commence will be entered on the Automatic Payment form. Any adjustments to your monthly account will require that a new Automatic Payment from be sent to you and then lodged with your bank.

If you do not pay a bill by the due date for payment:

. You may be charged interest on the unpaid amount from that date until you pay it; the interest rate is fixed at 14% pa and will be charged on unpaid amounts on a daily basis
. You may be required to pay any costs that are incurred by anyone (including debt recovery agents) in recovering the money you owe or in exercising any other rights, including commissions and the legal costs of a solicitor
. We may withhold, suspend, restrict or terminate any service we have provided you

11. Privacy and Security

RightNow is committed to protecting the privacy and security of our online visitors.
The RightNow Ltd online store uses technology called SSL  Secure Sockets Layer. This means at the checkout, our servers and your PC encrypt (scramble) everything you enter into your computer such as credit card details, billing and delivery address. Other computers are unable to make sense of the encrypted message and therefore the information is kept private. There are visual cues on screen that tell you when you are entering a secure site. The key or padlock icon, which is normally open or absent, appears as a solid icon. There are secure processes built in to the engine used by the Internet Store. It ensures that:
 
. Every order has a unique number.
. No credit card details are included in e-mailed order details.
. All credit card payment details are retrieved by RightNow in an SSL encrypted session. 
. Order confirmation details are sent to you, the customer.

RightNow does not pass on any of your information to anyone else. In accordance with the Privacy Act 1993, RightNow will only use the personal information provided by you for the purposes of fulfilling your order, or other services requested by you.

12. Your Right To Cancel Or Give Up Any Service Or Product

You may cancel any service simply by notifying us in writing either by email, snail-mail or fax. Where you have agreed to take the service for a minimum period or on a month to month basis, charges for that service will continue to the end of that period or month. Otherwise they will stop immediately. The initial three month payment is non-refundable.

13. Our Right To Suspend Any Product Or Service

If you do not meet any responsibilities you have to us, or if we reasonably believe you are unable to pay our charges, we may withhold, suspend, restrict or terminate any service at any time.

We may require you to edit and/or delete material we consider to be unauthorized, defamatory, misleading, objectionable, offensive, illegal or detrimental to the reputation of RightNow and its products or services. If you do not do so to our satisfaction we may edit that material ourselves and may withhold, suspend, restrict or terminate any service or product we supply you without further notice.

Where we suspend or terminate a service for any of the above reasons we may require you to pay a set-up fee to have your services restored before you can use them again.

We may also withhold, suspend, restrict or terminate any product or service if we think it reasonable or necessary, for example, if the equipment to provide services to you is unavailable or we need to take steps to protect it.

We may filter, delete or restrict access to material posted on any website under our control or transmitted via our equipment if you or anyone else does not comply with these terms or any other terms and policies that apply to the use of our products or services.

Normal charges will continue where any service has been suspended or restricted.

14. Our Right To Stop Providing Any Services

We may stop providing any service or product to you. We may do this at any time if you do not pay the charges for the products or services or meet your other responsibilities under any agreement you may have with us. Otherwise:

. We will give you one month's notice before we stop providing the service; except,
. Where we have agreed to provide a service for a minimum period or you have paid for it in advance, we will continue to provide that service to you until the end of that period, which may be for more or less than a month.

15. Identification Codes, Usernames and Passwords

We may allocate identification codes, usernames and passwords for your use depending on which product or service you want. We may change any code or username but will allocate you a new code and/or username. We will always give you as much advance notice as we reasonably can before we make any change.

You are responsible for keeping confidential your account number, identification code or codes, username and passwords used by or allocated to you. We may assume that any request or instruction we receive is authorised by you if it is received along with suitable verification (for example, you account number, identification code, username or password).

16. Your Rights to Compensation from Us

Where we do not meet our responsibilities to you, we will make a refund limited to an amount equal to our average monthly charge to you for the period of the affected service. We will take the six month period leading up to the affected service to calculate the average monthly charge.

A refund is not available where we did not meet our responsibilities to you because we were not given correct information or through other causes beyond our reasonable control, or where we have withheld, suspended, restricted or terminated our service.

17. The Consumer Guarantees Act 1993

The Consumer Guarantees Act 1993 contains consumer safeguards which may apply to services we provide for you. Any rights you may have under that Act apply in addition to the rights set out above.

18. Exclusion of All Other Liability

We have set out your rights to claim compensation from us. We now exclude all other liability we may have to you. This exclusion applies (but is not limited to) for the benefit of the following people:

. RightNow Limited
. Network operators whose networks may used to provide our service
. All companies directly or indirectly owned, partly owned or controlled by any of the people listed above
. All officers, employees, contractors, agents or representatives of all the people listed above
. Anyone else any of the people listed above is responsible for.

None of these people is liable to you or has to pay you for anything else caused by or resulting from anything any of them does or does not do, or delays in doing whether or not it is contemplated or authorised by any agreement you have with us. This exclusion applies:
. Whatever you are claiming for (including loss of profits or business)
. However liability arises or might arise if it were not for this clause

This exclusion does not prevent you getting a court order requiring us to do anything we have agreed to do for you and does not limit any rights you may have under the Consumer Guarantees Act 1993.

19. Limitation of Our Liability

We have set out your rights to claim compensation from us and excluded all other liability we or any of the people listed above may have to you. If we or any of the people listed above are ever liable to you and, for any reason, cannot rely on the exclusion above, then this clause applies.

Where this clause applies, the maximum combined amount we and all the other people listed above will have to pay you and anyone else who uses the products or services we provide we provide for you (together) is:
. $1.50 for any event or any series of related events
. A total of $4.50 in any twelve month period

20. Our Rights to Compensation From You

Where you do not meet your responsibilities to us, you must pay any reasonable expenses we incur in collecting any money you owe us or in exercising any of our other legal rights.

We recommend you talk to your insurer about arranging suitable cover for risks of loss or liability arising from these terms.

21. Using Information About You

In any relationship you have with us, we may collect information about you. The information may be obtained from you and others or generated within the equipment used to provide our services when you or anyone else uses our products or services. You may decide not to provide any of the information any of us seeks from you. However, if you do not provide it , we may not be able to provide services to you.

You may ask to see information any of us holds about you, and we will provide it to you as long as we can readily retrieve it, and you may ask that any details that are wrong and ask for them to be corrected.

We may hold the information and share it with employees, contractors, credit reference agencies and with collection agencies. This enables us to:

. Provide services to you and others
. Send you bills and recover money you owe
. Keep you informed of updated or new services available to you from us and other people
. Exercise any lawful right any of us has.

We may share with network operators any information required to enable you to use any of our products or services; this does not include your name and address.

We may disclose information about you to law enforcement authorities (such as the Police or the Department of Internal Affairs) if we think it is necessary; for example, to help maintain the law.

22. Intellectual Property Rights

We may have intellectual property rights in the products or services we provide to you, in our website and in our services including for example, copyright, trade mark and design rights. We retain all our rights when we provide a product or service to you.

We acknowledge that our clients own the 'Intellectual Property Rights' to all of the data displayed or contained within their website however we retain all rights to the 'source code' that we have developed for the purpose of displaying that data at all times.

23. Meeting Our Responsibilities Through Agents or Representatives

We may have any RightNow approved agent or representative perform and have the benefit of all or any part of our side of any agreement you may have with us.

24. Transferring Rights and Responsibilities

You may transfer and have someone else perform all or any part of your side of any agreement you have with us so long as you get our written approval first. We may transfer to someone else all or any part of our side of any agreement you have with us. We will tell you if we do this.

25. More Than One Customer

Every person named as a customer in any agreement with us must meet all the customers responsibilities under that agreement.

26. Sending Bills and Notices

Bills or other notices will be sent to the last physical or electronic address you have given us. We, our agents or representatives, and anyone to whom we have assigned the amounts you owe us, can assume any bill or notice sent by physical post has been delivered five days after it has been posted and any bill or notice sent electronically has been delivered on sending unless we receive a 'failed to deliver' message. Please advise us promptly of any changes to you physical or electronic addresses.

27. Responsibilities Under Other Agreements

We must meet all our responsibilities to you under every agreement we have with you. You must meet all your responsibilities to us under every agreement you have with us.

28. Each Term Separately Binding

Each term of every agreement you have with us is separately binding. If for any reason we, you or any of the people listed in clause 15 cannot rely on any term, all other terms remain binding.

29. Changing These Terms

We reserve the right to change these terms. We may do this by changing or removing existing existing terms or by adding new terms.

We must always tell you about any changes at least one month before they come into effect. We will never change this requirement.

We will tell you by emailing you, writing to you or by putting a notice on our website. The notice will set out the actual changes or will simply explain their general nature. A copy of our current terms is available at our website. Please contact us if you cannot find them.

Any other changes to the terms of any agreement you may have with us must be accepted by us in writing.

30. New Zealand Law Applies

All our products and services are provided under New Zealand Law. You may take action against us only in a New Zealand court.