RosterIt Terms of Service
1. Who we are and key definitions
1.1 RosterIt is an online rostering service owned and operated by Rostering Systems Limited, a New Zealand company (company number 1940480, registered office Unit 1, 1st Floor Carlton Building, 183 Victoria Avenue, Whanganui 4500, New Zealand), trading as RosterIt. In these terms, “we”, “us” and “our” mean Rostering Systems Limited.
1.2 These terms are an agreement between us and the business or person that signs up for the Service (“you” or the “Client”).
1.3 In these terms:
- Service
- means the RosterIt web application, website and database, including employee scheduling, time and attendance, reporting and employee communications, and any API we make available.
- Client Data
- means all information entered into or generated through the Service by or for you, including employee details, rosters, clock-in and clock-out records, and messages.
- Users
- means your employees, contractors and anyone else you or your administrators give access to the Service.
- Fees
- means the subscription and other charges set out on our pricing page or in your order, as updated under these terms.
- Onboarding Package
- means the optional paid package described in clause 3.4.
- Personal Information
- has the meaning given in the Privacy Act 2020.
- Business Day
- means a day other than a Saturday, Sunday or New Zealand public holiday.
1.4 Each term of these terms is separately binding. If a term cannot be enforced, the other terms still apply.
2. Acceptance and eligibility
2.1 You accept these terms when you tick the acceptance box at sign-up or first use the Service, whichever is first. We keep a record of when you accepted, which shows the version of the terms that applied at that time.
2.2 If you sign up for a business, you confirm you have authority to bind that business to these terms.
2.3 The Service is for businesses and their staff in New Zealand and Australia. You must not use it for employees located elsewhere unless we have agreed to this in writing.
2.4 You are responsible for the lawful employment and supervision of any Users under 18 whose details you add. The Service is not designed for children, and you must not add anyone under 13.
2.5 We may refuse to provide the Service to anyone who has previously been removed from it for breaching these terms.
3. The Service, onboarding and support
3.1 We will provide the Service to you in accordance with these terms, using reasonable skill and care.
3.2 We grant you a non-exclusive, non-transferable right for your Users to use the Service for your internal business purposes while these terms are in force.
3.3 Included with every subscription. Every customer gets a comprehensive help centre, guided walkthroughs in the app, and free email support from our New Zealand-based team (see clause 10 for support hours).
3.4 Onboarding package. If you would like hands-on help, you can buy our onboarding package for $500 + GST. It covers initial set-up, data migration and three 1-hour guided training calls. We invoice it separately when you sign up.
3.5 Additional support. Any ongoing or additional support beyond what is described in clauses 3.3 and 3.4 is charged at our hourly rate of $160 + GST per hour. We will tell you the rate, and get your agreement, before we start chargeable work.
4. Fees, GST and payment
4.1 You must pay the Fees. We invoice monthly in advance on the first day of each month. You can pay in one of two ways: by credit card, in which case the invoice amount is charged to your card on the invoice date; or by bank transfer against our invoice, in which case payment is due by the 20th of the month in which the invoice is issued. We may ask for credit card payment if an invoice is paid late. Other payment methods may be agreed in writing.
4.2 Fees are in New Zealand dollars and exclude GST and any other taxes or duties, which you must also pay where they apply. We will issue a valid tax invoice for each payment.
4.3 If an amount is not paid by its due date, we may charge interest at 6% per year on the overdue amount, calculated daily from the due date until it is paid in full. You must also pay our reasonable costs of recovering overdue amounts, including debt collection and legal costs.
4.4 If you dispute an invoice, tell us in writing within 30 days of the invoice date, explaining what you dispute and why. You must still pay any part of the invoice that is not in dispute. We will work with you in good faith to resolve the dispute. Nothing in this clause removes any right you have under law.
4.5 We may change the Fees by giving you at least 30 days’ written notice by email. If you do not agree to a change, you may cancel under clause 5.5.
4.6 Text messages sent from the Service to a mobile phone are charged at 10 cents (plus GST) per message. Replies sent from a phone to the Service are free. SMS charges are shown on your invoice.
5. Term, 30 days’ notice to cancel, and refunds
5.1 Term. There is no minimum term. These terms start when you accept them and continue month to month until ended under this clause or clause 14.
5.2 Cancelling. You may cancel at any time by giving us at least 30 days’ written notice, by email to accounts@rosterit.co.nz. The notice period starts on the day we receive your notice. You must pay the Fees in full for the month in which your notice period ends, and the Service stays available to you until the end of that month. We do not charge or refund part-months pro rata. For example, if we receive your notice on 15 March, your notice period ends on 14 April, you pay the full Fees for April, and you can keep using the Service until 30 April. If you have already paid for any month after the one in which your notice period ends, we will refund it.
5.3 No other refunds. Fees are billed in advance and, except as set out in clauses 5.2, 5.5 and 14.4 or where the law requires otherwise, are non-refundable. This includes refunds or credits for unused features, downgrades, part-months, or periods before the end of your notice period.
5.4 After cancellation. Your access ends at the end of the month in which your notice period ends. Clause 7.6 explains how you can get your Client Data back.
5.5 Changes you do not accept. If we change the Fees or make a change to these terms that is materially adverse to you, and you tell us in writing within the 30-day notice period that you do not accept it, you may cancel with effect from the day the change would start. You will not need to give 30 days’ notice and will owe no Fees for any period after that day.
5.6 Our rights to end or suspend the Service are in clause 14.
6. Client responsibilities and acceptable use
6.1 You are responsible for your Users’ use of the Service, for keeping login details secure, and for telling us promptly if you suspect unauthorised access.
6.2 You are responsible for the accuracy and completeness of Client Data. We process Client Data as you enter or confirm it, and we are not responsible for errors in it.
6.3 You must use the Service only for managing staff rosters, time and attendance, and related workplace communications.
6.4 You must not, and must not let anyone else:
- use the Service unlawfully, or to send content that is offensive, demeaning, defamatory or unlawful
- send marketing, spam or other unsolicited messages through the Service
- interfere with, overload or attempt to gain unauthorised access to the Service or its security
- copy, resell, sublicense or commercially exploit the Service, or reverse engineer it except as the law allows
- upload malicious code, or Client Data you have no right to use
6.5 If you breach this clause, we may act under clause 14.
7. Client Data, privacy and security
7.1 Ownership. You own your Client Data. You give us a licence to host, copy, process and display it as needed to provide the Service to you.
7.2 How we use it. We use Client Data to create employee schedules, manage time and attendance, send messages to your Users by email and text, check a User’s identity at clock-in if you turn on facial recognition, provide support, keep the Service secure, and meet legal obligations. We do not sell Client Data.
7.3 Privacy Act 2020. Each of us will comply with the Privacy Act 2020 and any code issued under it, including the Biometric Processing Privacy Code 2025 if you use facial recognition. We hold the Personal Information in Client Data on your behalf, and you remain responsible for having a lawful basis to collect it and for telling your employees what you collect and why. We will help you respond to any access or correction request from one of your employees. Our Privacy Policy, available on our website, explains how we handle Personal Information we hold for our own purposes.
7.4 Security and backups. We use reasonable security safeguards and back up Client Data daily to separate secure storage. Client Data is hosted in Australia, with Amazon Web Services in Sydney. We may use service providers outside New Zealand, and we will take reasonable steps to make sure they protect Personal Information to a comparable standard.
7.5 Privacy breaches. If we become aware of a privacy breach affecting your Client Data, we will tell you as soon as reasonably practicable and give you the information you need to decide whether it must be reported to the Privacy Commissioner and affected people.
7.6 Getting your data back. During your notice period and for 30 days after the Service ends, you may ask us to export your Client Data in a standard format such as CSV, at no charge. After that we will delete or de-identify it within 90 days, apart from backups that roll off in the normal cycle and anything we must keep by law. Employers must keep wage, time and holiday records for at least 6 years, so please export what you need before your account closes.
8. Text and email messaging
8.1 The Service sends rostering messages by text and email on your behalf, such as shift notifications, roster changes and welcome messages when you add a new employee. Text messages sent from the Service to a mobile phone are “mobile terminating” messages, and messages sent from a phone to the Service are “mobile originating” messages.
8.2 You confirm that each person you add to the Service has been told their details will be used to send them rostering messages by text and email, and has agreed to receive them or is otherwise able to be sent them lawfully. You must remove anyone who asks to stop receiving messages.
8.3 You must make sure all messages you send through the Service comply with the Unsolicited Electronic Messages Act 2007, and in Australia the Spam Act 2003, and with other privacy and telecommunications laws. Each message must identify the sender and include a way to opt out where the law requires it.
8.4 Messages must relate to staff rostering and work placement. You must not use the Service for marketing or any other purpose unless we have agreed in writing.
8.5 We are not responsible for messages that are delayed, blocked or not delivered because of mobile networks, carriers or devices.
9. Employment law and payroll responsibility
9.1 The Service is a scheduling and time-recording tool. You remain solely responsible for complying with employment and workplace laws, including the Employment Relations Act 2000, Holidays Act 2003, Minimum Wage Act 1983, Wages Protection Act 1983 and Health and Safety at Work Act 2015 (and, in Australia, the Fair Work Act 2009 and applicable awards and agreements), and any law that replaces them.
9.2 Rosters, timesheets, reports and any calculations produced by the Service are tools to help you. They are not legal, payroll or employment advice. You must check them, and settings such as pay rules, break rules and leave rules, before relying on them to pay or manage staff.
9.3 We are not your employer, payroll provider or adviser, and we are not responsible for how you use roster or attendance data in employment decisions.
10. Availability, support and backups
10.1 We will use reasonable endeavours to keep the Service available and to fix faults promptly. We do not guarantee that it will be uninterrupted or error-free, because availability can be affected by things outside our control, such as network problems, third-party providers, and maintenance.
10.2 Where we can, we will do planned maintenance outside normal business hours and give you notice of it.
10.3 Email support is available from 7am to 7pm New Zealand time, seven days a week, at support@rosterit.co.nz. We aim to respond within 24 hours.
10.4 We back up Client Data daily as described in clause 7.4. Backups are for our disaster recovery. You should export your own records regularly if you need them for legal or business purposes.
11. Third party services and the API
11.1 We use third-party providers, such as hosting, payment and messaging providers, to deliver the Service. We will take reasonable care in choosing them, but we are not responsible for their acts or omissions beyond what the law requires.
11.2 You may access your account data through our API, subject to these terms and any API documentation we publish. You must not use the API to access data that is not yours, or to build a competing service.
11.3 If a third-party product that you connect to the Service accesses your data, you are responsible for that product and for what it does with your data.
11.4 We may limit, suspend or change API access if use is excessive or abusive or threatens the Service. We will try to warn you by email first, but we are not required to where urgent action is needed to protect the Service or other customers.
12. Intellectual property
12.1 We (or our licensors) own all intellectual property in the Service, including its software, design, trade marks, tools, forms and user guides. Nothing in these terms transfers any of it to you.
12.2 You must not copy, modify, distribute or commercially exploit the Service or our materials except as these terms allow, and you must keep our copyright notices in place.
12.3 You confirm that you have the right to use the Client Data and any other content you put into the Service. You are responsible for any claim that it infringes someone else’s rights, and you will compensate us for loss we suffer from such a claim to the extent it arises from your content.
12.4 If you give us feedback or suggestions about the Service, we may use them without restriction or payment.
13. Warranties, liability and consumer law
13.1 Business use. You confirm that you acquire the Service for the purposes of a business. The parties agree that the Consumer Guarantees Act 1993 does not apply (section 43(2) of that Act) and that sections 9, 12A and 13 of the Fair Trading Act 1986 do not apply (section 5D of that Act), and that it is fair and reasonable for the parties to be bound by this clause.
13.2 Rights that cannot be excluded. Nothing in these terms limits any right or remedy that the law does not allow to be excluded, or limits liability for fraud or wilful misconduct.
13.3 No other warranties. Except as set out in these terms, we give no warranties, and we do not promise that the Service will meet your particular needs or be free of errors.
13.4 Excluded loss. To the fullest extent the law permits, we are not liable for loss of profit, revenue, goodwill or anticipated savings, or for indirect or consequential loss, arising from these terms or the Service.
13.5 Liability cap. To the fullest extent the law permits, our total liability to you for all claims arising from these terms or the Service in any 12-month period is limited to the Fees you paid us in the 12 months before the event that gave rise to the claim.
13.6 Events beyond our control. We are not liable for failure or delay caused by events beyond our reasonable control, including natural disaster, fire, earthquake, war, terrorism, civil unrest, pandemic, government action, and failure of power or telecommunications networks. This does not excuse us from the security obligations in clause 7.4.
13.7 Your responsibility. You will compensate us for loss we suffer from third-party claims arising from your breach of clause 6.4 or clause 8.
14. Suspension and termination by us
14.1 Suspension. We may suspend your access immediately if an invoice is more than 14 days overdue, if your use threatens the security or stability of the Service, or if we reasonably believe you are using it unlawfully. We will tell you why and restore access once the problem is fixed.
14.2 Termination for breach. We may end these terms by written notice if you materially breach them and, where the breach can be fixed, you have not fixed it within 14 days of our written notice. We may end these terms immediately if the breach cannot be fixed or you become insolvent.
14.3 Termination on notice. We may also end these terms for any other reason by giving you at least one month’s written notice.
14.4 Refunds. If we end these terms under clause 14.3, we will refund any Fees you have paid for the period after the termination date.
14.5 Effect. When these terms end, your right to use the Service stops. Clause 7.6 (getting your data back) and any clauses that by their nature should continue, such as payment, intellectual property, liability and disputes, remain in force.
15. Changes to these terms
15.1 We may update these terms from time to time, for example because of changes in the law, our Service or our business practices.
15.2 We will give you at least 30 days’ written notice of any change that is materially adverse to you, by email to your account contact. We may make other changes, such as corrections or changes that are neutral or in your favour, by posting the updated terms on our website.
15.3 Changes take effect at the end of the notice period. If you do not accept a change that is materially adverse to you, you may cancel under clause 5.5. If you keep using the Service after the change takes effect, you accept the updated terms.
15.4 The version of the terms you accepted, and each later version, is kept on file and available to you on request.
16. Notices, disputes and governing law
16.1 Notices. Notices under these terms must be in writing. We may send notices to the email address on your account or post them in the Service. You may send notices to accounts@rosterit.co.nz. An email is treated as received on the next Business Day after it is sent, unless the sender receives a delivery failure message. Verbal communications are not notices.
16.2 Electronic communications. You agree we may communicate with you electronically, and that electronic notices meet any legal requirement for writing.
16.3 Disputes. If a dispute arises, the party raising it must give the other written notice describing the dispute and the outcome sought. The parties will try in good faith to resolve it within 20 Business Days. If they cannot, either party may refer it to mediation or go to court.
16.4 Governing law. These terms are governed by New Zealand law. The parties submit to the exclusive jurisdiction of the New Zealand courts.
17. General
17.1 Entire agreement. These terms, together with your order and our Privacy Policy, are the whole agreement between us about the Service. They replace earlier discussions and statements about it.
17.2 Assignment. You may not transfer your rights under these terms without our written consent. We may transfer ours to a related company or to a buyer of our business, and we will give you notice if we do. We remain responsible to you for our obligations unless the transferee takes them over in writing.
17.3 No waiver. If we do not enforce a right straight away, we have not given it up.
17.4 Relationship. We are independent contractors. Nothing in these terms makes either of us the other’s partner, employee or agent, except as set out in clause 7.3.
17.5 Third parties. Only you and we can enforce these terms. The Contract and Commercial Law Act 2017 does not give third parties rights under them.
17.6 Contact. Questions about these terms can be sent to accounts@rosterit.co.nz.