Terms of Service

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the Kea Automate website and services operated by BC2 IT Limited.

1. Introduction

Welcome to Kea Automate. By accessing our website at https://keaautomate.com, using our services, or engaging us to build automation solutions, you agree to be bound by these Terms of Service. These Terms apply to all visitors, users, and clients of our service.

2. Definitions

Throughout these Terms:

• "We", "us", "our", and "Kea Automate" refer to BC2 IT Limited, a company registered in New Zealand.
• "You" and "your" refer to the individual or entity accessing our website or using our services.
• "Services" refers to the automation solutions, consultation, and other related services we provide.
• "Client" refers to a person or entity that has engaged us to provide services.

3. Services

Kea Automate provides business process automation services. Our services include:

• Consultation and assessment of automation opportunities
• Design and implementation of custom automation solutions
• Integration with client software systems
• Ongoing support and maintenance of automation solutions

The specific services to be provided to you will be detailed in a separate service agreement or statement of work.

4. Pricing and Payment

Our standard pricing is based on the time saved by our automation solutions. Details of our pricing structure are available on our website and will be confirmed in your service agreement.

Unless otherwise agreed in writing:

• Payment terms are monthly in arrears, with invoices due 7 days from the issue date
• All fees are in New Zealand Dollars (NZD) and exclude GST
• Late payments may incur additional fees and/or service suspension

5. Client Responsibilities

As a client, you are responsible for:

• Providing accurate and complete information about your business processes
• Ensuring you have proper authorisation to allow us to access and integrate with your software systems
• Reviewing and testing automation solutions before they go live
• Using our services in compliance with all applicable laws and regulations
• Maintaining the security of any access credentials we provide to you

6. Intellectual Property

Unless explicitly stated otherwise in a specific service agreement:

• We retain ownership of all intellectual property in our automation solutions, including code, workflows, and methodologies
• You are granted a non-exclusive, non-transferable license to use our solutions for your internal business purposes while you are a paying client
• You retain all rights to your own data and content

7. Confidentiality

We treat client information as confidential and will not disclose it to third parties except as necessary to provide our services or as required by law. Similarly, you agree to keep confidential any non-public information about our services, methodology, or business.

8. Data Protection and Privacy

We comply with the Privacy Act 2020 and other applicable data protection laws in New Zealand. Please refer to our Privacy Policy for details on how we collect, use, and protect your personal information.

9. Service Level and Support

We strive to ensure our automation solutions function as intended. Response times and support levels will be defined in your service agreement. We do not guarantee uninterrupted service and are not responsible for downtime caused by third-party systems outside our control.

10. Term and Termination

Unless otherwise specified in your service agreement:

• Our services are provided on a month-to-month basis with no minimum term
• Either party may terminate the service with 30 days' written notice
• We may terminate immediately if you breach these Terms
• Upon termination, you must cease using our automation solutions and pay any outstanding fees

11. Limitation of Liability

To the maximum extent permitted by applicable law:

• Our total liability arising out of or related to these Terms or our services will not exceed the amount you have paid us in the past 12 months
• We are not liable for indirect, consequential, special, or punitive damages
• We do not warrant that our services will meet all your requirements or operate error-free

These limitations apply to any theory of liability, including breach of contract, tort, or negligence.

12. Indemnification

You agree to indemnify and hold harmless Kea Automate, its employees, contractors, and affiliates from any claims, damages, liabilities, costs, or expenses (including reasonable attorney fees) arising from your use of our services, your violation of these Terms, or your violation of any rights of a third party.

13. Modifications to Terms

We may modify these Terms at any time by posting the updated terms on our website. Your continued use of our services after such changes constitutes your acceptance of the new Terms.

14. Governing Law

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

15. Consumer Guarantees Act

If you are acquiring our services for business purposes, you agree that the Consumer Guarantees Act 1993 does not apply to the services provided by us.

16. General Provisions

• Entire Agreement: These Terms, together with your service agreement, constitute the entire agreement between you and Kea Automate regarding our services.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in effect.
• No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
• Assignment: You may not assign your rights under these Terms without our prior written consent.

17. Contact Us

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

BC2 IT Limited Ltd
Email: contact@keaautomate.com
Phone: 027 277 4497