Subscription Terms & Conditions

SOFTWARE SUBSCRIPTION TERMS AND CONDITIONS 

All online prices exclude GST. Minimum contract term of 24 months, then agreements continue on a month to month basis.  *Online monitored cloud backup must be setup by our support team and has a one-off set up fee of $99. Cloud backup is compulsory with HB Pay features. # Education is subject to availability and bookings are essential, hours expire at the end of each calendar year. Hairware Beautyware Elite, Mini or Micro Software licences are included within the subscription packages, Each licence is limited to one location. Ongoing software updates and unlimited phone support is also included, Up to 4 Additional Network connections at the single location are included. Up to 2 remote or iPad licences are included. Additional remote connection software Licence maybe purchased at a once off cost of $199. Support opening hours are AEST/AEDST.

If the subscription price increases after the initial 24 months, we will automatically update your payments. We won’t increase the price unless we have provided you with at least 30 Days’ notice in writing to the email account provided by you. 30 Days notice is required to cancel after the initial 24 months.

1. Background:

1.1 Distribution Rights:

To the extent the Licencee has already entered into an agreement with Salon Software Pty Ltd, this Agreement will override that agreement and incorporate any terms and conditions embedded in the Software except to the extent varied by this Agreement, including the obligation to pay the Licence Fees to Salon Software Ltd.

1.3 Definitions:

• Software: Refers to the Hairware Beautyware software products and related services, including the HB GO application.
• Term: Refers to the Initial Period commencing on the Commencement Date and continuing thereafter on a monthly basis until terminated in accordance with this Agreement.

2. Grant of Licence

2.1 Licence:

For the duration of this Agreement, Salon Software Ltd. grants the Licencee a non-exclusive, non-transferable licence to use the Software for the sole purpose of carrying on its business.

2.2 Restrictions:

• The Licencee must not modify, adapt, reverse engineer, decompile, or otherwise disassemble the Software.
• The Licencee may not transfer or sublicence the Software to any third party.

2.3 Ownership:

The Licencee acknowledges that Salon Software Pty Ltd retains all right, title, and interest in and to the Software, including all trade secrets, trademarks, and copyright. This Agreement only provides a licence to use the Software and does not transfer ownership.

3. Fees and Payment Terms

3.1 Subscription Fees:

• The subscription fee includes the software licence, software updates, bug fixes, and phone support.
• Fees are payable monthly in advance and are subject to GST in New Zealand.
• Payment must be made via a direct debit.

3.2 Cloud Backup:

For Licencees using HB Pay features, monitored cloud backup is compulsory and must be set up by Hairware Beautyware support team for a one-time fee of $99 NZD.

4. Use of Software and Equipment

4.1 Use of Software:

The Licencee agrees to use the Software in accordance with this Agreement and acknowledges that misuse may lead to termination of the licence.

5. Support Services

5.1 Phone Support:

Salon Software Ltd provides phone support Monday to Friday from 9:00 am to 9:00pm, and Saturday from 9:00am to 3:00pm New Zealand Time. Support hours may be reduced or not available on public holidays. The Customer can contact phone support by calling 0800 644 655.

5.2 Email Support:

Email support is available by contacting support@hbsoftware.co.nz

5.3 Remote Support:

With the Customer’s permission, Hairware Beautyware or licensed technicians can provide remote support by logging into the Customer’s computer(s) using Teamviewer or similar remote software to troubleshoot and resolve issues with the Software.

5.4 Included Services:

The subscription fee includes the software licence, software updates, bug fixes, and phone support. Additional services, such as installation or extensive on-site support, may incur additional fees.

5.5 Education and Training:

Education may include scheduled phone walkthroughs, online training modules, or in-person sessions where applicable. Charges may apply for extended or additional training beyond the included hours, with fees disclosed in advance. Education services are subject to availability and must be booked in advance. Any unused education hours will expire at the end of the calendar year.

6. Term and Renewal

6.1 Initial Period:

The term of this Agreement will be for the initial period of 24 months, and then continue on a month-to-month basis unless terminated with 30 days’ written notice by either party.

6.2 Renewal:

At the end of the Initial Period, the Agreement will automatically renew for one-month periods unless terminated by either party upon 30 days’ notice.

6.3 Price Adjustments:

This Agreement may be terminated by either party if the other party is in material breach and fails to cure such breach within seven (7) days after receiving written notice. In the event of such a breach, the terminating party may seek remedies in accordance with the Contractual Remedies Act 1979, including but not limited to cancellation or damages.

7.2 Early Termination by Licencee:

If the Licencee wishes to terminate the Agreement prior to the end of the Initial Period, they must pay the balance of the remaining Licence Fees for the entire term.

8. Suspension and Service Interruption

8.1 Suspension:

If any Licence Fee is more than 21 days overdue, Salon Software Ltd. may suspend the Licencee’s access to the Software, subject to a reconnection fee of $55.

8.2 Service Interruptions:

The Licencee acknowledges that service interruptions may occur due to updates or circumstances beyond Salon Software Ltd control, such as system or power failures. Salon Software Ltd will not be liable for any damages resulting from such interruptions.

9. Limitation of Liability

9.1 Indirect Damages:

Salon Software Ltd shall not be liable for any indirect, special, incidental, or consequential damages, including loss of profits, arising out of the use of the Software, including but not limited to damages caused by software bugs, defects, or incorrect calculations.

9.2 Maximum Liability:

Salon Software Ltd maximum liability shall not exceed the actual amount paid for the Software in the preceding 12 months, regardless of the cause, including any claims related to bugs, software performance issues, or calculation errors.

10. Warranties and Disclaimers

10.1 Bugs and Defects Disclaimer:

The Software is provided “as is.” While Salon Software Ltd will make commercially reasonable efforts to fix bugs and issues that are reported, Salon Software Ltd does not warrant that the Software will be error-free, uninterrupted, or that any bugs, errors, or defects will be corrected promptly or at all.

10.2 Limitations of Liability for Bugs:

Salon Software Ltd will not be liable for any damages, including direct or indirect, arising from errors, bugs, or miscalculations in the Software. The Licencee is solely responsible for verifying the accuracy of any data or calculations produced by the Software.

11. Software Performance Disclaimer

The Software is a tool to assist the Licencee in managing business operations. Salon Software Ltd makes no warranties or representations regarding the accuracy, completeness, or reliability of any data or calculations generated by the Software. The Licencee acknowledges that they must independently verify any results, calculations, or reports generated by the Software and should not rely solely on the Software for critical business decisions.

12. Confidentiality

12.1 Confidentiality:

The Licencee shall not disclose any terms of this Agreement or any confidential information relating to the Software during or for 24 months following the termination of this Agreement.

13. End User Licence Agreement (EULA)

13.1 Link to EULA: The EULA is available at: https://hbsoftware.co.nz/ignite-eula

The use of the Software is also subject to the terms of the End User Licence Agreement (EULA). However, in the event of any inconsistency between the EULA and this Agreement, the terms of this Agreement will prevail to the extent of the inconsistency.

14. Notices

14.1 Email Notices:

All notices under this Agreement must be sent via email. Notices sent to Salon Software Ltd must be sent to accounts@hbsoftware.co.nz. Notices sent to the Customer must be sent to the email address provided by the Customer to Salon Software Ltd. Written notice is considered given upon receipt of the email by the recipient.

14.2 Clarity of Communications:

Salon Software Ltd. agrees that all communications under this Agreement will be clear and comply with the provisions of the Fair Trading Act 1986.

14.3 Privacy-Related Notices:

Any notices related to the collection, use, or handling of personal information will be made in accordance with the Privacy Act 2020, and the Customer will be notified of any changes to how their personal information is processed.

15. Miscellaneous

15.1 Entire Agreement:

This Agreement constitutes the entire agreement between the parties concerning the use of the Software and supersedes all prior agreements.

15.2 Modifications:

This Agreement may only be amended in writing, signed by both parties.

15.3 Severability:

If any provision of this Agreement is found to be invalid or unenforceable, it shall be severed from the Agreement, and the remainder shall continue in full force and effect.

15.4 Governing Law:

This Agreement shall be governed by and construed in accordance with the laws of New Zealand, and the parties submit to the exclusive jurisdiction of the courts of New Zealand.

16. Assignment and Transfer

16.1 Transfer by Salon Software Ltd:

Salon Software Ltd. may assign, transfer, or novate this Agreement, in whole or in part, to any third party without the Customer’s consent, provided that such transfer does not materially affect the Customer’s rights under this Agreement. Salon Software Ltd. will notify the Customer of such a transfer in writing at least 30 days in advance.

16.2 Transfer by Customer:

The Customer may not assign, transfer, or novate this Agreement or any of its rights or obligations under it without the prior written consent of Salon Software Ltd, which will not be unreasonably withheld by Salon Software Ltd.

17. Consumer Guarantees Act Exclusion

17.1 Business Use Only:

The Customer acknowledges and agrees that the Software is being acquired for business purposes. As such, the provisions of the Consumer Guarantees Act 1993 do not apply to this Agreement. The Customer agrees that the provisions of this Agreement are made for the purposes of section 43(2) of the Consumer Guarantees Act, and all guarantees, warranties, or conditions implied by the Act are excluded to the fullest extent permitted by law.

18. Fair Trading Act

18.1 Transparency:

The Customer acknowledges that all terms of this Agreement have been clearly explained and that they are not misleading or deceptive. The parties agree that any claims regarding the performance, functionality, or quality of the Software have been reasonably substantiated, in accordance with the Fair Trading Act 1986.

19. Privacy and Data Protection

19.1 Compliance with Privacy Act:

Salon Software Ltd. shall comply with the Privacy Act 2020 regarding the collection, use, and storage of any personal information related to the Customer or its users. Personal information collected during the use of the Software will only be used for purposes directly related to the provision of the services and as permitted by law.

19.2 Privacy Policy:

The Customer agrees to the terms of Salon Software Privacy Policy, available at https://hbsoftware.co.nz/privacy-policy which explains how personal information will be handled and stored in compliance with the Privacy Act.

19.3 Data Ownership:

The Customer retains full ownership and control of all data entered into or generated through the use of the Software. Salon Software Ltd shall not claim any ownership rights over Customer Data and will only access such data to the extent necessary to provide support services or as required by law.

19.4 Data Backup Responsibility:

The Customer is solely responsible for regularly backing up its data. Salon Software Ltd is not liable for any data loss unless due to its gross negligence or willful misconduct.

20. Electronic Transactions

20.1 Electronic Consent:

The Customer acknowledges that this Agreement may be entered into electronically and agrees to accept and provide all notices and communications electronically. This Agreement is legally binding when the Customer consents by [clicking “I agree” or similar action], in accordance with the Electronic Transactions Act 2002.