Terms of Use

Last revised and effective as of: May 31st, 2016

Company Information

Trading Name

The business trading name that will appear on your invoices will be "SuiteFiles". Our legal name is "The Full Suite Limited".

Trading address

We are located in Wellington, New Zealand.

Our physical address is:

   
                        Level 17, 
                        157 Lambton Quay,
                        Wellington.
                        

We are a NZ based business

We are a NZ owned business.

Terms of Use

SuiteFiles’ Terms of Service

Agreement

By registering and continuing to use your account, you agree that you are bound by these Terms of Service (the “Terms”) in your use of this website and all Services provided to you by SuiteFiles (“Us”, “We” and “Our”).

These Terms may be changed by Us from time to time. SuiteFiles will endeavour to keep you updated on changes to the Terms via notifications on Our blog. Your continued use of the service after the update will be deemed to be with your consent to the new Terms.

You confirm that you are over the age of 18. If you are under age 18, you may not open an account with Us, (but may have a parent or guardian open an account under their name on your behalf, but these terms and conditions will apply to them).

You may not access the Services if You are Our direct competitor, except with Our prior written consent. In addition, you may not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

Definitions

"Beta Services” means SuiteFiles Services or functionality that may be made available to Customer to try at its option which is clearly designated as beta, pilot, limited release, developer preview, non-production, evaluation, or by a similar description.

"Customer” means the person who subscribes to use the services, or the entity on whose behalf the person subscribes.

“Data” means data input by You into the services. It includes anything you upload to, store on or transmit through the services, including documents, photos, email.

“End user” means the customer or any person who is authorised by the customer to use the services.

“Services” means any service provided by The Full Suite, including SuiteFiles™, SuiteGenerator™, SuiteMoves™, SuiteFiles Mobile™, SuiteFiles Outlook™, SuiteFiles Drive™, SuiteBackups™ migration tasks or other services detailed.

“Software” means all of the SuiteFiles applications that access Your Data, including but not limited to SuiteMoves™, SuiteFiles™, SuiteFiles Outlook™, SuiteFiles Drive™, SuiteFiles Mobile™ and SuiteGenerator™.

“Subscription fee” means the monthly fee payable to access SuiteFiles™. The subscription fee excludes taxes and duties, and excludes your Office 365 subscription fee.

“SuiteBackups™” is The Full Suite’s web based backup solution for your files.

“SuiteFiles Drive™” is Our document management service available through Windows Explorer and Mac Finder.

“SuiteFiles” is the trading name of The Full Suite Limited.

“SuiteFiles™” is Suite’s document management service available through the web.

"SuiteFiles Mobile™" is Our iOS application.

"SuiteFiles Outlook™" is Our document management service available through the Microsoft Outlook platform.

“SuiteGenerator™” is Our content store.

“SuiteMoves™” is Our cloud computing migration service.

“You” are the customer, who subscribes to or uses the services. Where appropriate, “You” may also refer to the end user of the services.

Communication

We will communicate with you through the contact details you provide during registration. You are responsible for ensuring that We have your latest contact details; you can update your details by contacting Us. You may communicate with Us through the contact details provided on this website.

License

SuiteFiles grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Software provided to you by Us as part of the service, for the sole purpose of enabling you to use and enjoy the benefit of the Service as permitted in these Terms until this agreement is terminated.

Beta services

From time to time, We may make Beta Services available to You. You may choose to try such Beta Services or not in Your sole discretion. Beta Services are intended for evaluation purposes and not for production use, are not supported, and may be subject to additional terms. Beta Services are not considered “Services” under this Agreement, however, all restrictions, Our reservation of rights and Your obligations concerning the Services shall apply equally to Your use of Beta Services. Unless otherwise stated, any Beta Services trial period will expire upon the earlier of one year from the trial start date or the date that a version of the Beta Services becomes generally available without the applicable Beta Services designation. We may discontinue Beta Services at any time in Our sole discretion and may never make them generally available. We will have no liability for any harm or damage arising out of or in connection with a Beta Service.

To access any Beta Services you must have the appropriate SuiteFiles subscription in place plus also be using the SuiteBackups™ Service.

Your obligations

You must only use SuiteFiles’ services for Your own lawful business purposes.

You are responsible for keeping your Microsoft Office 365 usernames and passwords secure. If there is any breach of security, You must contact Microsoft.

You remain solely responsible for complying with all applicable accounting, tax and other laws. It is Your responsibility to check that storage of and access to Your Data via the Software will comply with laws applicable to You (including any laws requiring you to retain records).

Payment

Services

You are required to pay for any non-subscription based services work carried out by Us within 14 days of the invoice date.

SuiteFiles™

You are required to pay for the SuiteFiles™ subscription by making a payment on Your credit card on the first working day of each month. The payment made will be taken automatically. The amount payable depends on the type of subscription you have registered for as advised in "pricing details". Your price level may be adjusted if Your number of users is increased or decreased during the month.

In the event Your payment is reversed for any reason, You must still pay SuiteFiles for the one month block you have applied for, and the following may apply:

  1. We may suspend any services You have requested until full account fees and any other sums owing are paid;
  2. We may charge interest on any outstanding sums at the rate of 5% per month;
  3. Any collection or legal costs incurred by Us must be paid in full by You, including any debt collection company costs and any solicitor’s costs on a solicitor/client basis.

SuiteBackups™

Payments are made as either part of a SuiteFiles™ subscription or covered under a separate agreement. If you begin a subscription part way through a month, you will be invoiced for the used part of the month at the beginning of the next month.

SuiteGenerator™

Payment terms will be covered in a separate agreement. If you begin a subscription part way through a month, you will be invoiced for the used part of the month at the beginning of the next month.

SuiteMoves™

This service involves a one-off payment that is dependent on the size of the migration. More details can be viewed under "pricing details".

Refunds

All transactions are final, and no refunds will be issued.

Delivery policy

Upon payment of any charges owed, our intention is to activate your account by the end of the following business day.

Requirements

To access the Services, You will need a Microsoft Office 365 subscription. You are responsible for maintaining this subscription; We will not be liable for any inability to access the Services due to your failure to maintain your Microsoft Office 365 subscription. If Your Microsoft Office 365 subscription is terminated, You will not be refunded for any remaining access to the Services.

You are responsible for ensuring you have sufficient system requirements for (optimal) performance of the Services. Minimum system requirements can be found at www.suitefiles.com/topics/technical-specs.

No unlawful or improper conduct

You are responsible for your own conduct and all conduct by anyone else using Your account. Your account may only be used for legal and proper purposes, including, without limitation, that You will comply with all laws and regulations relating to copyright, privacy and the storage and transmission of data and technology of all relevant jurisdictions.

You will not:

  1. Upload or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
  2. Interfere with or disrupt SuiteFiles’ services, servers, or networks connected to Our service.
  3. Allow usage by others in such a way as to violate these Terms.
  4. Access or attempt to access any of SuiteFiles’ services by any means other than through the interface that is provided by Us.
  5. Reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Service unless You have been specifically permitted to do so in a separate written agreement.
  6. Sell, resell, license, sublicense, distribute, make available, rent or lease any Service, or include any Service in a service bureau or outsourcing offering,
  7. Permit direct or indirect access to or use of any Service in a way that circumvents a contractual usage limit, or use any of Our Services to access or use any of Our intellectual property except as permitted under this Agreement,
  8. Copy a Service or any part, feature, function or user interface thereof,
  9. Access any Service in order to build a competitive product or service or to benchmark with a non-SuiteFiles product or service, or
  10. Reverse engineer any Service (to the extent such restriction is permitted by law).

Any use of the Services in breach of this Agreement, by You or Users that in Our judgment threatens the security, integrity or availability of Our services, may result in Our immediate suspension of the Services, however We will use commercially reasonable efforts under the circumstances to provide You with notice and an opportunity to remedy such violation or threat prior to such suspension.

Termination

Trial offer

You have no obligation to continue Your subscription past the trial period. At the end of Your trial period Your subscription will terminate; You may commence using your account by paying for a subscription.

Termination by user

SuiteFiles™

You may terminate your SuiteFiles™ account at any time, by explicitly notifying Us that you wish to terminate. Your subscription will continue until the end of the subscription period; you will not be refunded for any time remaining on your subscription. If you stop payment without notifying Us, You will be invoiced until you notify Us that you wish to terminate Your subscription.

SuiteBackups™

You may terminate your SuiteFiles™ account at any time, by explicitly notifying Us that you wish to terminate. Your subscription will continue until the end of the subscription period; you will not be refunded for any time remaining on your subscription. If you stop payment without notifying Us, You will be invoiced until you notify Us that you wish to terminate Your subscription.

SuiteGenerator™

You may terminate your SuiteFiles™ account at any time, by explicitly notifying Us that you wish to terminate. Your subscription will continue until the end of the subscription period; you will not be refunded for any time remaining on your subscription. If you stop payment without notifying Us, You will be invoiced until you notify Us that you wish to terminate Your subscription.

Termination by SuiteFiles

We may suspend or terminate this agreement and Your use of the services if you breach these Terms.

Effects of termination

SuiteFiles™

Upon termination of Your account, You will lose access to SuiteFiles™. Your Data will remain available via Microsoft SharePoint Online, provided You have maintained Your subscription to that service. You will remain liable for any unpaid SuiteFiles™ Subscription Fees.

SuiteBackups™

Upon termination of your user account, you will lose access to SuiteBackups™ and your backup data.

SuiteGenerator™

If You are subscribed to any content under SuiteGenerator™, You will lose access to these subscriptions upon termination of SuiteFiles™.

Intellectual Property

You do not obtain any ownership or intellectual property rights from Us by opening and using your account with SuiteFiles. We and/or any licensors to SuiteFiles own all legal right, title and interest in and will retain all legal right, title and interest in the services, including (without limitation):

  1. All software comprising a part of the Services whether hosted on Our servers or deployed by you or a third party to enable use of the services.
  2. All intellectual property in the website itself and any software running the website.

You retain all intellectual property rights in Your Data. These Terms do not give Us any rights to your Data, other than the limited rights necessary for provision of the Service. You grant Us a licence to use, copy, transmit, store and back-up Your Data for the purposes of enabling you access to Your Data, and for any purpose related to provision of the Services to You. For more information on how We may use Your Data, please see Our Privacy Policy.

Please note that access to Your Data is contingent on payment of Subscription Fees due to Us.

Privacy and Confidentiality

The privacy of Your Data is important to Us. The Services and SuiteFiles' website are subject to our Privacy Policy, which can be found at www.suitefiles.com/about/privacy.

SuiteFiles™ enables you to share Your Data with others; you are responsible for what You choose to share.

Your Data is considered confidential information. You and SuiteFiles agree to preserve confidentiality in each other’s confidential information. Neither You nor SuiteFiles will disclose each other’s confidential information or use it for Your own benefit, unless permitted in these Terms.

No Liability

The use of the SuiteFiles Service is at Your own risk. To the maximum extent permitted by law, We expressly disclaim all warranties and conditions of any kind, either express or implied, including (but not limited to) the implied warranties of merchantability, fitness for a particular purpose and non-infringement of any third party intellectual property rights.

In addition, SuiteFiles does not warrant that;

  1. The Service will meet all of Your requirements
  2. The Service will be secure, timely, error-free or uninterrupted
  3. Any errors in the software will be corrected

Any material that You download, use or obtain through the use of the Service is at Your own risk. You are solely responsible for any damage to Your computer, or any other device, or for loss of Data that results from the download of any such material.

We will not be liable to You for any direct, indirect, consequential or special damages to You, including (but not limited to) damages for loss of profits, damages for loss of goodwill, loss of use, Data or other intangible losses, even if We has been advised of the possibility of those damages, resulting from Your use of Our Services.

Your hosted Data is stored with Microsoft Office 365, not with Us. Any loss or damage to your Data will be governed by your agreement with Microsoft.

Beta Services are provided “as is,” exclusive of any warranty whatsoever.

Indemnity

You agree to indemnify Us from and against liability for all claims, liabilities, damages (actual and consequential) losses and expenses (including full legal and other professional fees on a solicitor/client basis) arising from or in any way related to any third party claims relating to Your use of any of the Services, or the use of Your account by any party to whom you have passed your account authentication details.

Additional terms for SuiteGenerator™

Individual subscriptions to content in SuiteGenerator™ will be subject to individual Service Licence Agreements. These will cover:

  • Intellectual property rights in any Data in SuiteGenerator™ or customer data submitted to SuiteGenerator™
  • The term of agreement
  • Termination of the subscription
  • Payment obligations and methods

To access SuiteGenerator™ content, You must have a SuiteFiles™ subscription. You are responsible for maintaining this subscription; We will not be liable for any inability to access the Services due to your failure to maintain Your SuiteFiles subscription. If Your SuiteFiles™ subscription is terminated, You will remain liable for any SuiteGenerator™ fees incurred.

Liability

We are not liable for the content in SuiteGenerator™. Each subscription will be subject to its own terms.

Privacy

Your information (including personal information, usage, statistics, and feedback) may be provided to content providers so they can provide the service to You (for example, in order to generate documents). Your Data may be accessed to ensure compliance with their terms.

We do not guarantee access to SuiteGenerator™ content past the minimum subscription period (found in the individual Service Level Agreement). We reserve the right to contact You to tell You if content will no longer be available. If a product is cancelled, it will remain available to current subscribers to access for three months. Current subscribers will no longer be bound by the minimum subscription period, and their subscription will roll over into a monthly subscription at the current cost. No new subscriptions will be started during this three-month period.

Additional terms for SuiteMoves™

Your obligations

You grant SuiteMoves™ access to Your systems and Data as required to provide the service.

Payment

If You have purchased SuiteMoves™ directly from Us, you are required to pay the fees for the services directly to Us, in the amount shown in your order form.

Privacy

Personal information about authors and files will be collected during the SuiteMoves™ migration process. It will only be used by Us to provide the service to You.

By logging in with your Microsoft Office 365 user identification, We will gain some of your personal information, which will be governed by Our Privacy Policy (www.suitefiles.com/about/privacy).

General Terms

This agreement is to be construed according to the laws of New Zealand. You submit to the exclusive jurisdiction of the High Court of New Zealand.

If You utilise or obtain any product or service from a third party while using the Service, You may also be subject to that party’s terms and conditions of use. Where this is the case, Your legal relationship with that third party will not be affected by these terms of use.