1. About these terms
1.1AssessDesk is an online platform for resilience and readiness consultancies to run assessments, reports, actions and training with their clients. It is provided by ResponseRise Ltd, a New Zealand company (“we”, “us”).
1.2These terms form an agreement between us and the business that subscribes (“you”). By signing up, starting a trial or using AssessDesk, you agree to them on behalf of your business, and you confirm you have authority to do so.
1.3AssessDesk is for businesses only. You confirm you are acquiring it for the purposes of a business.
2. Definitions
Service: the AssessDesk website, apps, emails and related support.
Your Data: everything you, your team or your clients put into the Service, including information about your clients, their staff, facilities, assessments, reports, findings, actions, training records, documents and photos.
Users: your team members, and the people at your clients you invite to the client portal.
Plan: the subscription level you choose, with its features and number of team seats.
3. Accounts and users
3.1You are responsible for everything done through your account and by your Users, and for keeping sign-in details secure. Team members must use two-step sign-in.
3.2You decide who is invited, what roles they have, and what your clients can see. You must remove access promptly for anyone who should no longer have it.
3.3People at your clients who use the portal are your invitees. You are responsible for your relationship with them, including telling them how their information is handled.
3.4Each team seat is for one named person and may not be shared.
4. Trial, fees and billing
4.1Trial. New subscriptions may start with a 14-day free trial. If you don't cancel before it ends, your paid subscription starts.
4.2Fees. Fees are as shown on our pricing page or in your account, in New Zealand dollars unless stated otherwise, and exclude GST (or other taxes), which is added where it applies.
4.3Billing. You can pay monthly or yearly, in advance. Subscriptions renew automatically for the same period unless cancelled. Payments are processed by Stripe; we don't store your card details.
4.4No refunds. You can cancel at any time and keep access until the end of the period you've paid for. We don't give refunds or credits for partial periods, unused seats or downgrades, except where the law requires it.
4.5Late payment. If a payment fails, we'll tell you and try again. If it remains unpaid 14 days after we tell you, we may suspend the Service until it's paid.
4.6Price changes. We'll give you at least 30 days' notice by email of any price change. It applies from your next billing period after the notice ends.
5. Your data
5.1You own Your Data. We claim no ownership of it.
5.2You give us permission to store, copy, process and display Your Data only as needed to provide, secure, back up, support and maintain the Service for you.
5.3We never use Your Data for anything else. We don't sell it, share it for advertising, market to your clients, or use it to train artificial intelligence models.
5.4We act on your behalf when we hold Your Data. Under the New Zealand Privacy Act 2020 you remain the agency responsible for personal information in Your Data, and we hold it as your service provider.
5.5You can export Your Data from the Service at any time while your subscription is active (for example as CSV files, PDF reports and documents).
5.6We may access Your Data only to provide support you ask for, to keep the Service secure and working, or where the law requires it. Access is limited to the people who need it, and is recorded.
6. Your responsibilities
6.1You must have the right to put Your Data into the Service, including any notices or consents needed under privacy law from your clients and their staff.
6.2You must use the Service lawfully and must not:
upload malware, or anything unlawful, defamatory or that infringes someone else's rights;
try to get around security, access other customers' data, or test the Service's security without our written permission;
resell, sublicense or provide the Service to anyone other than your own business and its clients;
copy, reverse engineer or build a competing product from the Service;
overload the Service, for example with automated scraping or excessive requests.
6.3You are responsible for the advice, findings and reports you give your clients. AssessDesk is a tool; it doesn't provide professional advice.
7. Security, backups and breaches
7.1We take reasonable steps to protect Your Data against loss and against unauthorised access, use or disclosure. These include:
encryption in transit and at rest;
strict separation between customers, checked on every request and covered by automated tests;
two-step sign-in for team accounts, and on every account we use to run the Service;
continuous database backups that let us restore to any point in at least the previous 7 days, and daily backups of uploaded files kept for 30 days;
monitoring and alerts for errors and suspicious sign-in activity;
a record of sign-ins, changes, downloads and exports.
7.2Our current measures are described in our security overview, which we keep up to date.
7.3If we become aware of a security incident that affects Your Data, we'll tell you without undue delay, explain what we know, and work with you so you can meet your own obligations, including notifying the Privacy Commissioner (New Zealand) or the Office of the Australian Information Commissioner where required.
7.4No online service is completely secure. You are responsible for the security of your own devices, networks and sign-in details.
8. Suppliers and data location
8.1We use trusted suppliers to run the Service. They are listed in our Privacy Policy, with where they process data.
8.2Your Data is stored in Sydney, Australia. Some suppliers process limited information elsewhere, for example email delivery and payments in the United States.
8.3We'll keep the supplier list up to date and give you at least 30 days' notice before adding a supplier that will store Your Data.
9. Availability and support
9.1The Service runs on commercial-grade hosting and we aim to keep it available at all times, but we don't guarantee it will be uninterrupted or error-free. We may need to carry out maintenance, which we'll try to do outside New Zealand business hours.
9.2Support is by email at support@assessdesk.co.nz during New Zealand business hours.
9.3We may improve, change or remove features. We won't remove a core feature of your Plan during a paid period without giving you notice and, if it materially reduces the Service, the option to cancel with a refund for the unused period.
10. Intellectual property
10.1We own the Service and everything in it other than Your Data, including the software, design and our template content. You get a non-exclusive, non-transferable right to use it during your subscription.
10.2Templates, reports and content you create are part of Your Data.
10.3If you send us ideas or feedback, we may use them without obligation to you.
11. Confidentiality
Each of us will keep the other's confidential information confidential and use it only for this agreement, except where it is already public, independently developed, or must be disclosed by law. Your Data is your confidential information.
12. Consumer law and warranties
12.1Because you are acquiring the Service for business purposes, to the extent the law allows: the Consumer Guarantees Act 1993 does not apply, and you agree it is fair and reasonable that sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 do not apply.
12.2If the Australian Consumer Law applies, nothing in these terms excludes rights that can't be excluded. Where our liability for a failure to meet a consumer guarantee can be limited, it is limited, at our option, to supplying the services again or paying the cost of having them supplied again.
12.3Otherwise, the Service is provided “as is”, and we make no promises beyond those in these terms.
13. Liability
13.1Neither of us is liable to the other for indirect or consequential loss, or for loss of profit, revenue, business, goodwill or anticipated savings.
13.2Our total liability to you under or in connection with this agreement, however arising (including negligence), is limited to the fees you paid us in the 12 months before the event that gave rise to the claim.
13.3These limits don't apply to liability that can't be limited by law, to your obligation to pay fees, or to either party's fraud.
14. Indemnity
You will cover our reasonable costs and losses from any claim by a third party (including your clients, their staff, or a regulator) arising from Your Data, your use of the Service in breach of these terms, or the advice and reports you provide to your clients.
15. Suspension and ending
15.1You can cancel at any time in Settings → Subscription. Cancellation takes effect at the end of your paid period.
15.2We may suspend or end your access if you seriously or repeatedly breach these terms, if fees remain unpaid as set out in clause 4.5, or if needed to protect the Service or other customers. Where reasonable, we'll warn you first and give you a chance to fix the problem.
15.3Your data when you leave. For 30 days after your subscription ends, your team can still sign in to the Service, read-only, to view and export Your Data. We'll email your administrators when your subscription ends, and again a week before your data is deleted. After that we permanently delete it from the Service. Copies in our backups are deleted as those backups expire, within a further 30 days. We may keep limited records the law requires us to keep (for example invoices).
15.4Clauses that by their nature should continue (including 5, 11, 13, 14 and 17) survive the end of this agreement.
16. Changes to these terms
We may update these terms. We'll give you at least 30 days' notice by email of any change that materially affects you; it takes effect from your next billing period after the notice. If you don't agree, you can cancel before it takes effect. Minor changes (such as clarifications) take effect when published.
17. General
17.1These terms are governed by New Zealand law, and the courts of New Zealand have jurisdiction.
17.2Neither of us is liable for delays or failures caused by events beyond our reasonable control.
17.3You may not transfer this agreement without our consent. We may transfer it to a buyer of our business, and will tell you if we do.
17.4Notices may be given by email: to the account owner's email address for you, and to support@assessdesk.co.nz for us.
17.5These terms (with our Privacy Policy) are the whole agreement between us about the Service. If any part is unenforceable, the rest still applies.