These terms are an agreement between Espalier Limited (company number 9467247, NZBN 9429054041158) (“we”, “us”) and the organisation that signs up (“you”). By ticking “I agree” when you sign up, or when you accept an updated version, you confirm you have authority to agree to them for your organisation. Section 5 also applies to everyone who signs in, including staff and families.
1. The service
Espalier is a set of online tools for early childhood education services: the staff app, Espalier Policies, Espalier Family, Espalier Operations and Espalier Growth (the Professional Growth Cycle app) (the “Service”). Your plan sets the limits on centres, children and staff seats.
2. Free trial
- New organisations get a free trial (currently 14 days).
- To start the trial you need to add a Visa or Mastercard (credit or debit), or a New Zealand bank account for direct debit. We don’t charge it during the trial.
- When the trial ends, your subscription continues on the plan you chose and we charge you for the first billing period, unless you have cancelled.
3. Fees and payment
- Fees are in New Zealand dollars and exclude GST, which we add at the current rate.
- We invoice monthly (or annually, if agreed) in advance, and charge the card or bank account you have saved. You authorise us, through our payment provider Stripe, to charge it for each invoice.
- If a payment fails, we’ll tell you and try again. If an invoice is still unpaid 30 days after its due date, we may make your account read-only until it’s paid. Families can keep using the family app.
- Plan changes part-way through a billing period are prorated on your next invoice.
- We may change our prices with at least 30 days’ notice. A new price applies from your first billing period after the notice ends.
4. Your account and your people
- You’re responsible for who you give access to and what their roles allow, and for the accuracy of the information you put into the Service.
- Only invite staff, families and others who are entitled to see the information they’ll have access to, and remove people who leave.
- You’re responsible for having the consents and giving the notices you need to share information about children, families and staff with us.
5. Using Espalier (everyone who signs in)
- Keep your sign-in to yourself. If you sign in with Google or Facebook, keep that account secure too.
- Use what you see only for the care and education of the children concerned. Don’t copy, share or post children’s information or photos elsewhere unless your centre allows it.
- Don’t use the Service for anything unlawful, harmful or abusive. Don’t try to reach information that isn’t yours, or to disrupt, probe or overload the Service.
- AI drafts are suggestions. Check them before you keep or share them.
- We may suspend a sign-in that breaks these rules, and will tell the centre when we do.
6. Your data and privacy
- You own the information you and your people put into the Service (“Your Data”). We use it only to provide, support and improve the Service, and as the law requires.
- We handle personal information under the Privacy Act 2020 and our Privacy Policy.
- We store data with Amazon Web Services in Sydney, Australia, back it up, and use reasonable security measures to protect it.
- If we become aware of a privacy breach affecting Your Data, we’ll tell you promptly and help you meet your obligations.
7. Availability and support
We aim to keep the Service available at all times, but there will be planned maintenance and occasional outages. Support is by email at admin@espalier.co.nz during New Zealand business hours.
8. Changes to the Service and these terms
We improve the Service over time and may change or remove features. If we change these terms, we’ll publish the new version and ask you to accept it. Material changes take effect 30 days after we tell you, unless you accept them sooner.
9. Cancelling and ending
- You can cancel at any time by emailing us. Cancellation takes effect at the end of the current billing period, and we don’t refund part periods unless the law requires it.
- We may suspend or end your access if you seriously breach these terms and don’t fix the breach within 14 days of us telling you.
- When your subscription ends, you can ask for an export of Your Data within 60 days. After that we may archive and then delete it.
10. Liability
- Nothing in these terms limits rights you have under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 where they apply. Because you are acquiring the Service for business purposes, you agree the Consumer Guarantees Act does not apply, to the extent the law allows.
- We aren’t liable for indirect or consequential loss, or for loss of profit, revenue or data you could reasonably have prevented.
- Our total liability in any 12 months is limited to the fees you paid us in that period.
11. General
These terms are governed by New Zealand law, and the New Zealand courts have jurisdiction. If any part of them is unenforceable, the rest still applies. Questions? Email admin@espalier.co.nz.