Terms of Service

These Terms of Service (“Terms”) form a binding agreement between On&On Limited (“On&On”, “we”, “us”) and the organisation or individual (“Customer”, “you”) accessing or using the On&On platform at onon.work. By accessing the platform, creating an account, or accepting a trial, you agree to these Terms.

If you are accepting on behalf of an organisation, you represent that you have authority to bind that organisation.

On&On provides a cloud-based people operations platform that may include: timesheet and attendance tracking, document signing and acknowledgement, leave management, employee records, and integrations with third-party payroll providers. Features available to your organisation depend on your subscription or trial plan.

On&On may offer a free trial period as agreed between the parties. During a trial:

• The platform is provided “as is” without warranty or service level commitments
• On&On may discontinue or modify the trial at any time with reasonable notice
• These Terms apply in full during the trial period
• No payment is required unless explicitly agreed in writing

You agree to:

• Use the platform only for lawful business purposes
• Ensure that employees whose data is submitted to the platform are informed of its use, consistent with your obligations under the Privacy Act 2020
• Maintain the confidentiality of your account credentials
• Not attempt to reverse engineer, copy, resell, or sublicense the platform
• Not submit data that you do not have lawful authority to process
• Promptly notify us of any suspected security breach or unauthorised account access

You must not use the platform to:

• Violate any applicable law or regulation
• Transmit harmful, defamatory, or unlawful content
• Attempt to gain unauthorised access to any system or data
• Introduce malware, viruses, or other harmful code

We reserve the right to suspend or terminate access if we reasonably believe these obligations are being breached.

Our collection and handling of personal information is governed by our Privacy Policy, available at onon.work/privacy. You are responsible for ensuring your use of the platform complies with applicable privacy laws, including the New Zealand Privacy Act 2020.

You retain ownership of all data your organisation submits to the platform (“Customer Data”). You grant On&On a limited licence to process Customer Data solely to provide the platform services. We do not use Customer Data for any other purpose.

On account termination, Customer Data will be deleted within 30 days unless retention is required by law.

On&On retains all intellectual property rights in the platform, including software, design, branding, and documentation. Nothing in these Terms transfers any IP rights to you.

You retain all rights to Customer Data submitted to the platform.

The platform is provided free during any agreed trial period. Following the trial, continued access requires a paid subscription as communicated by On&On. Pricing, billing frequency, and payment terms will be set out in a separate order or quote. All prices are in New Zealand dollars and exclusive of GST unless stated otherwise.

On&On reserves the right to change pricing with 30 days’ written notice. Continued use after the effective date of a price change constitutes acceptance.

On&On warrants that it will provide the platform with reasonable care and skill. Except as expressly stated:

• The platform is provided “as is” and “as available”
• We do not warrant that the platform will be uninterrupted, error-free, or free from security vulnerabilities
• We make no warranty regarding the accuracy of outputs, integrations with third-party systems, or fitness for any particular purpose

Nothing in these Terms limits any rights you may have under the New Zealand Consumer Guarantees Act 1993 or the Fair Trading Act 1986 where those Acts apply.

To the maximum extent permitted by law:

• On&On’s total liability to you for any claim arising out of or in connection with the platform is limited to the fees paid by you in the 12 months preceding the claim (or NZD $500 during a free trial period)
• On&On is not liable for indirect, consequential, incidental, or special loss or damage, including loss of data, loss of profit, or business interruption

These limitations apply regardless of the form of action and even if advised of the possibility of such damages.

Each party agrees to keep confidential any non-public information of the other party disclosed in connection with the platform (“Confidential Information”). Each party will use Confidential Information only as necessary to perform its obligations and will not disclose it to third parties without prior written consent, except as required by law.

Customer Data is treated as your Confidential Information.

These Terms commence on the date you first access the platform and continue until terminated.

Either party may terminate:

• During a trial: at any time with 5 business days’ written notice
• On a paid plan: with 30 days’ written notice, or as specified in your subscription agreement

On&On may terminate immediately if you materially breach these Terms and fail to remedy the breach within 10 business days of written notice. On termination, your access will cease and Customer Data will be deleted in accordance with clause 6.

On&On may update, modify, or discontinue features of the platform at any time with reasonable notice. We may also update these Terms from time to time. Material changes will be communicated by email. Continued use of the platform after the effective date constitutes acceptance.

These Terms are governed by the laws of New Zealand. The parties submit to the non-exclusive jurisdiction of the New Zealand courts. Where a dispute arises, the parties agree to first attempt resolution in good faith through direct negotiation before commencing formal proceedings.

Entire agreement:

These Terms, together with the Privacy Policy and any applicable order or quote, constitute the entire agreement between the parties.

Severability:

If any provision is unenforceable, the remaining provisions continue in full force.

Waiver:

Failure to enforce any provision does not constitute a waiver of that provision.

Assignment:

You may not assign your rights under these Terms without written consent. On&On may assign its rights to a successor entity.

Notices:

Notices may be sent by email to your registered account address or to legal@onon.work.