Terms of service
The service
Cartejour ([legal entity name], New Zealand) builds and hosts websites for restaurants: we import your menu, set up your site with you, host it on your domain and keep it updated. These terms cover your account, your site and your use of the owner portal.
Business use
You're getting Cartejour for your restaurant, so this is a business-to-business agreement: both of us are acquiring and supplying these services in trade. We both agree that the Consumer Guarantees Act 1993 does not apply to this agreement, that we are contracting out of it as section 43 of that Act allows, and that it is fair and reasonable for us to do so. To the extent section 5D of the Fair Trading Act 1986 permits, we also agree to contract out of sections 9, 12A and 13 of that Act. [Confirm this wording with a lawyer - it must stay in writing in the agreed terms to be effective.]
Your account
Accounts are set up by us, for you. Keep your password to yourself and tell us straight away if you think someone else has it. You're responsible for what's done with your sign-in.
Your content
Your menu, photos, reviews and details stay yours. You give us permission to host and display them on your website and to store and back them up - that's the whole licence. You're responsible for having the rights to what you give us to publish, including photos, and for prices and descriptions being accurate.
Our side
We make reasonable efforts to keep your site up and its content current, but we don't promise uninterrupted availability. Your site is served as static pages precisely so that most problems with our tools can't take it down. We can decline or remove content that's unlawful or that we reasonably believe infringes someone's rights.
Fees
[Pricing to be set - amount, billing period, what happens on non-payment. Until then, arrangements are as agreed with you directly.]
Ending things
You can leave whenever you like: ask, and we'll hand you an export of your content and take your site down, or help point your domain somewhere new. We can end the service with [notice period] notice, or immediately if these terms are seriously broken.
Liability
[To review with a lawyer. Typical shape: the service is provided as-is; neither side is liable for indirect losses; our total liability is capped at the fees paid in the previous 12 months; nothing excludes liability that can't lawfully be excluded. Sits alongside the business-use clause above, which contracts out of the consumer guarantees for this in-trade supply.]
Changes and law
If these terms change in a way that matters, we'll tell account holders by email before the change takes effect. These terms are governed by New Zealand law.