FERGUS SOFTWARE TERMS OF SERVICE

This website is owned by Fergus Software Limited. These terms and conditions govern your access to and use of all Fergus Software Limited owned and operated websites, software programs, and any mobile applications made available by Fergus Software Limited for download.

By accessing this website or by downloading and/or using a Fergus Software Limited program and/or mobile app you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions then you should not use this website or programs or download and/or use our mobile applications.

1. Definitions
  • 1.1 “Site” or “Fergus Site” means the Fergus website, fergus.com, or any other such website that may supersede it in the future.
  • 1.2 “Fergus” means the Company, any holding company or companies for the time being of the Company (including but not limited to Fergus Software Limited (NZBN 9429031078085) and Fergus Software Pty Limited (ACN 605 226 417)) and any subsidiary or subsidiaries for the time being of the Company or of any such holding company or companies.
  • 1.3 “Fergus Software” or “Software” means all and any software as developed by Fergus, including but not limited to the Site, the Customer Retention Management and the Work management software.
  • 1.4 “Fees” means all fees payable to Fergus including but not limited to subscription fees, training fees, licensing fees, or service based fees.
  • 1.5 “Users” means any person who makes use of any Fergus Software or the Fergus Site.
  • 1.6 “Confidential Information” means all information provided by one party to the other in connection with this Agreement where such information is identified as confidential at the time of its disclosure or ought reasonably be considered confidential based on its content, nature or the manner of its disclosure, but excluding:
    • 1.6.1 information that enters the public domain or is disclosed to a party by a third party, other than through a breach of this Agreement, and
    • 1.6.2 information developed independently by a party.
  • 1.7 “Documentation” means any and all proprietary documentation made available to you by Fergus for use with the Licensed Software, including any documentation available online.
  • 1.8 “Force Majeure Event” means any event beyond the control of the relevant party.
  • 1.9 “Intellectual Property Rights” means all intellectual property rights, including all copyright, patents, trademarks, design rights, trade secrets, domain names, know how and other rights of a similar nature, whether registrable or not and whether registered or not, and any applications for registration or rights to make such an application.
  • 1.10 “Moral Rights” has the meaning given under the Copyright Act 1994 and includes any similar rights existing in other countries.
    • Unless the context requires otherwise –
    • a) a reference to a person includes a corporation or any other legal entity;
    • b) the singular includes the plural and vice versa;
    • c) headings are for convenience and do not form part of this Agreement or otherwise affect the interpretation of this Agreement;
    • d) the term “includes” (or any similar term) means “includes without limitation”; and
    • e) a reference to any statute includes references to any subsequently amended, consolidated or re-enacted version of that statute and all delegated legislation or other statutory instruments made under it.
2. Acknowledge and Acceptance of Terms of Service

Your access to, use of, linking to the Fergus Site, use of Software or use of content on the Site is confirmation that you have understood these general terms and conditions of access and use and constitutes your agreement to be bound by them. You also agree to be bound by Fergus’ Privacy Policy which is located at https://fergus.com/privacy-policy/.

If you do not agree to these terms and conditions then you should not use this website or programs or download and/or use our mobile applications.

Fergus reserves the right to amend the Terms at any time and users are deemed to be aware of and bound by the amendments to the Terms upon publication on the Fergus Site. Accordingly, we recommend that you review the Terms periodically and before giving or confirming to Fergus any personal information.

3. Account Fees

It is the user’s responsibility to make payments for Fees in a timely manner. All Fees are invoiced on the first day of the month, and payment should be made within 14 days. Fees are subject to change, Users will be given advance notice of any impending fee changes. Fergus recommends setting up via a recurring payment method.

Accounts that are not paid for within 14 days of being invoiced are subject to account suspension. Suspended accounts may be reactivated upon payment of all outstanding Fees on the account.

4. Ownership of Content on the Fergus Site

The material displayed on the Fergus Site, including without limitation, all real time or other information, text, materials, graphics, software, tools, results derived from the use of software and tools, advertisements, names, logos and trademarks on the Fergus Site (“Content”) are protected by intellectual property laws unless expressly indicated otherwise. All rights, title and interest in and to the Content are owned, licensed or controlled by Fergus or the party credited.

5. Access To and Use Of Content of the Fergus Software

You agree not to access or use the Software in any manner that could damage, disable, overburden, or impair any Fergus accounts, programs, computer systems or networks. You agree not to attempt to gain unauthorised access to any parts of the Software or any Fergus accounts, programs, computer systems or networks. You agree not to interfere or attempt to interfere with the proper working of the Software or any Fergus accounts, programs, computer systems or networks. You agree not to use any robot, spider, scraper or other automated means to access the Software or any Fergus accounts, programs computer systems or networks without express written permission from Fergus.

It is prohibited to link directly to individual resources on Fergus servers without prior written consent. Framing of any Content available through the Site without Fergus’ prior written consent is also prohibited. Fergus reserves the right to disable any unauthorised links or frames and disclaims any responsibility for the content available on any other web site reached by links to or from the NZX Site.

Access to and use of password protected or secure areas of the Software is restricted to authorised users only. You agree not to share your password(s), account information, or access to the Software. You are responsible for maintaining the confidentiality of password(s) and account information, and you are responsible for all activities that occur under your password(s) or account(s) or as a result of your access to Software. You agree to notify Fergus immediately of any unauthorized use of your password(s) or account(s).

These Terms do not grant you a licence under any patent, trademark or copyright of Fergus or any third party.

6. Third Party Websites, Content, Products and Services

The Site provides links to Web sites and access to Content, products and services of third parties, including users, advertisers, affiliates and sponsors of the Site. Fergus is not responsible for third party Content provided on or through the Site and you bear all risks associated with the access and use of such Web sites and third party Content, products and services.

7. No Unlawful or Prohibited Use

You agree not to use the Fergus Software or Content provided on or through the Site or Software for any purpose that is unlawful or prohibited by these Terms of Service.

8. Termination of Use

Fergus may, in its sole discretion, at any time discontinue providing or limit access to the Software, any areas of the Software or Content provided on or through the Site. You agree that Fergus may, in its sole discretion, at any time, terminate or limit your access to or use of the Software or any Content. You agree that Fergus shall not be liable to you or any third-party for any termination or limitation of your access to or use of the Software or any Content.

9. Disclaimer

The Fergus Software, and all content provided on or through the Software, are provided on an “as is” and “as available” basis. Fergus expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the Software and all Content provided on or through the Site.

Fergus makes no warranty that: the Fergus Software or Content will meet your requirements; the Software will be available on an uninterrupted error-free basis; the quality of any purchases or transactions made through the Software will meet your expectations.

Any content accessed, downloaded or otherwise obtained on or through the use of the Fergus Software is used at your own discretion and risk. Fergus shall have no responsibility for any damage to your computer system or loss of data that results from the download or use of content.

Fergus reserves the right to make changes or updates to, and monitor the use of the Fergus Software and Content provided on or through the Site at any time without notice.

10. Limitation of Liability

To the full extent permitted by law, Fergus excludes all liability in respect of any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or use, incurred by you or any third party, whether in action in contract or tort, arising from your access to, or use of, the Fergus Software or any Content provided on or through the Software.

To the full extent permitted by law, Fergus excludes all representations, warranties or terms (whether express or implied) other than those expressly set out in this Agreement.

Fergus’ total aggregate liability for all claims relating to this Agreement is limited to the Fees payable under this Agreement.

Either party’s liability for any claim relating to this Agreement will be reduced to the extent to which the other party contributed to the damage arising from the claim.

This Agreement is to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, Fergus limits its liability in respect of any claim to, at Fergus’ option -

  • a) in the case of services -
    • i) the supply of the services again; or
    • ii) the payment of the cost of having the services supplied again.
11. Indemnity

You agree to indemnify and hold harmless Fergus, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable legal fees and costs, due to or arising out of your use or misuse of the Software.

12. Intellectual Property Rights

Nothing in this Agreement constitutes a transfer of any Intellectual Property Rights.

You acknowledge that Fergus owns all Intellectual Property Rights in the Software.

You must not directly or indirectly do anything that would or might invalidate or put in dispute the Fergus title in the Software or any of the Fergus registered or unregistered Trademarks.

You must comply with the Fergus reasonable usage guidelines and directions with respect to the Licensed Software and the Trade Marks as notified to you from time to time.

13. Confidentiality

A party must not, without the prior written consent of the other, use or disclose the other party’s Confidential Information unless expressly permitted by this Agreement or required to do so by law or any regulatory authority.

A party may –

a) use the Confidential Information of the other party solely for the purposes of complying with its obligations and exercising its rights under this Agreement; and

b) disclose the Confidential Information to its personnel or advisers to the extent necessary for them to know the information for purposes related to this Agreement, but only if reasonable steps are taken to ensure that the confidentiality of the information is retained.

c) each party must implement and maintain effective security measures to prevent unauthorised use and disclosure of the other party’s Confidential Information whilst it is in the receiving party’s possession or control.

d) each party must return, or at the other party’s option destroy, all Confidential Information of the disclosing party in the receiving party’s possession or control, on the earlier of Fergus’ request or on termination of this Agreement for any reason.

14. Governing Law and Jurisdiction

The use of the Fergus Software and these Terms shall be governed by the laws of New Zealand and users submit to the exclusive jurisdiction of the courts of New Zealand.

15. Media Content Ownership

You own all of the content and information you add to your Fergus account. In addition:

For content that is covered by intellectual property rights, such as but not limited to documents, photos and videos (IP Content), you specifically grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP Content that you upload, add or include on your account. This grant ends when you delete your IP content or close your account with Fergus.

When you delete IP Content, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

16. Payment Terms

Advertised prices are in New Zealand dollars excluding GST for companies residing in New Zealand, unless otherwise noted. For companies residing in Australia, advertised prices are in Australian dollars excluding any applicable taxes, unless otherwise noted. For companies not residing within New Zealand or Australia, the advertised prices are in United States dollars excluding any applicable taxes, unless otherwise noted.

17. Charging and Subscriptions

Fergus charges on a per user basis with a package pricing base. We reserve the right to cancel any subscription in part or whole at any time.

Paying subscribers to the Fergus Software will be charged monthly automatically via a secure credit card payment system. The name that will appear on your statement will be Fergus Software Ltd. The monthly payments will be based on the usage of the previous month as per the billing plan. It is the cardholder’s responsibility to cancel the service.

Terms of Payment are the sole discretion of Fergus unless otherwise agreed to in writing by Fergus.

Payment must be made within 14 days of the invoice date. Invoice amounts are due and payable within the period noted on the invoice. If payment is not made within the payment period Fergus has the right to suspend service until full payment on all outstanding Fees has been made.

Fergus is not responsible for pricing, typographical or other errors in any offer by Fergus and we reserve the unilateral right to cancel any orders resulting from such errors.

Fergus is a New Zealand business and all transactions will be billed in New Zealand dollars unless otherwise stated.

18. Refunds and Returns

Fergus charges per active user, and it is solely up to the account holder to maintain their own user levels and types.

Refunds may be given at the discretion of Fergus please notify us in writing to accounts@fergus.com for accidental additional users.

All overcharges, mis-charges and or credit bought in advance will not be refunded but used as credits for future Fergus services. Any credit purchased is non-transferable.

All accounts will have consistent access via the Master User to their data even if service is suspended. Fergus will provide an export of your data on request.

19. General

You must not assign, sub-licence or otherwise deal in any other way with any of its rights under this Agreement without the prior written consent of Fergus.

Nothing contained in this Agreement creates any relationship of partnership or agency between the parties.

If a provision of this Agreement is invalid or unenforceable it is to be read down or severed to the extent necessary with affecting the validity or enforceability of the remaining provisions.

Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.

This Agreement (and any documents executed in connection with it) is the entire Agreement of the parties about its subject matter and supersedes all other representations, arrangements or agreement. Other than as expressly set out in this Agreement, no party has relied on any representation made by or on behalf of the other.

A party will not be responsible for a failure to comply with its obligations under this Agreement to the extent that failure is caused by a Force Majeure Event, provided that the party keeps the other closely informed in such circumstances and uses reasonable endeavours to rectify the situation.

Without limiting any other right to terminate under this Agreement, if a Force Majeure Event affects a party’s performance under this Agreement for more than thirty (30) consecutive days, the other party may immediately terminate this Agreement by written notice.

You agree to Fergus processing your data in order to provide its service to you.

You agree to allow Fergus to calculate your propensity to purchase Fergus Software based on your behaviour on Fergus owned digital assets, including but not limited to, the Fergus.com website.

20. Fergus Pay

We have arranged for Stripe to collect your funds due to you from the selling of your goods and services via Fergus Pay. By using Fergus Pay and accepting the funds collected on your behalf by Stripe, you agree to the terms of the Fergus Pay Agreement, a copy of which can be obtained here.

21. Contacting Fergus

You can contact Fergus internationally via email at support@fergus.com

or via phone or post:

New Zealand: +64 9 972 9942
65 New North Road
Eden Terrace
Auckland 1021

or Australia: +61 3 9873 1079
Level 5, 134 William St
Woolloomooloo
NSW 2011
Australia

Partner and Promotion Terms and Conditions

Partnership: Lifestyle Tradie Promotion

Start a free trial of Fergus and get $200AUD credit with the promo code.

As part of this special offer (“Lifestyle Tradie $200AUD Fergus credit promotion”) customers (“you”, “your”) who sign-up to a subscription account with Fergus Software Limited (“Fergus”), via a referral from Lifestyle Tradie a will receive $200 AUD Fergus credit to a paid Fergus Account for the Fergus software app. To receive the $200 AUD Fergus credit you must have signed up to a Fergus customer account via Lifestyle Tradie. The $200 AUD Fergus credit can not be exchanged for cash or other items. The Lifestyle Tradie and Fergus $200 Fergus credit promotion is not available to existing Fergus paying customers.

To the maximum extent permitted by law, Lifestyle Tradie and Fergus and any of its related companies, employees and agents will not be liable for any loss, damage, claim, injury, cost or expense (including but not limited to loss of profits, direct loss, indirect or consequential loss) sustained in connection with this offer.

Lifestyle Tradie and Fergus take no responsibility for any misdirected, lost, incomplete, damaged, corrupted, incorrectly submitted information, or any human error, technical malfunctions, lost or delayed data transmission, computer or network failure, or any other interruption that may affect the conduct of this offer.

The Fergus & Lifestyle Tradie $200AUD Fergus Credit promotion runs from 23 September 2020 to January 31 2020. Fergus and Lifestyle Tradie reserve the right to change these dates at any time.

All other standard Fergus Terms of Service apply.

Partnership: Master Plumbers Victoria Promotion

Start a free trial of Fergus and get $200AUD credit with the promo code.

As part of this special offer (“Master Plumbers Victoria $200AUD Fergus credit promotion”) customers (“you”, “your”) who sign-up to a subscription account with Fergus Software Limited (“Fergus”), via a referral from Master Plumbers Victoria a will receive $200 AUD Fergus credit to a paid Fergus Account for the Fergus software app. To receive the $200 AUD Fergus credit you must have signed up to a Fergus customer account via Master Plumbers Victoria. The $200 AUD Fergus credit can not be exchanged for cash or other items. The Master Plumbers Victoria and Fergus $200 Fergus credit promotion is not available to existing Fergus paying customers.

To the maximum extent permitted by law, Master Plumbers Victoria and Fergus and any of its related companies, employees and agents will not be liable for any loss, damage, claim, injury, cost or expense (including but not limited to loss of profits, direct loss, indirect or consequential loss) sustained in connection with this offer.

Master Plumbers Victoria and Fergus take no responsibility for any misdirected, lost, incomplete, damaged, corrupted, incorrectly submitted information, or any human error, technical malfunctions, lost or delayed data transmission, computer or network failure, or any other interruption that may affect the conduct of this offer.

The Fergus & Master Plumbers Victoria $200AUD Fergus Credit promotion runs from 23 September 2020 to January 31 2020. Fergus and Master Plumbers Victoria reserve the right to change these dates at any time.

All other standard Fergus Terms of Service apply.

Partnership: Master Electricians NZ Fergus Members

Master electricians members can start a Fergus free trial and get $400NZD credit on their Fergus account by using the promo code.

As part of this special offer (“Master Electricians NZ $400NZD Fergus credit promotion”) customers (“you”, “your”) who sign-up to a subscription account with Fergus Software Limited (“Fergus”), via a referral from Master Electricians NZ a will receive $400 NZD Fergus credit to a paid Fergus Account for the Fergus software app. To receive the $400 NZD Fergus credit you must have signed up to a Fergus customer account via Master Electricians NZ . The $400 NZD Fergus credit can not be exchanged for cash or other items. The Master Electricians NZ and Fergus $400NZD Fergus credit promotion is not available to existing Fergus paying customers.

To the maximum extent permitted by law, Master Electricians NZ and Fergus and any of its related companies, employees and agents will not be liable for any loss, damage, claim, injury, cost or expense (including but not limited to loss of profits, direct loss, indirect or consequential loss) sustained in connection with this offer.

Master Electricians NZ and Fergus take no responsibility for any misdirected, lost, incomplete, damaged, corrupted, incorrectly submitted information, or any human error, technical malfunctions, lost or delayed data transmission, computer or network failure, or any other interruption that may affect the conduct of this offer.

The Fergus & Master Electricians NZ $400NZD Fergus Credit promotion runs from 1 November 2020 until further notice. Fergus reserves the right to change these dates at any time.

All other standard Fergus Terms of Service apply**

Partnership: Master Plumbers Victoria end of year promotion

Get started with Fergus in November and get the rest of 2020 free with the promo code.

As part of this special offer (“Fergus & Master Plumbers Victoria end of year promotion”) customers (“you”, “your”) who sign-up to a subscription account with Fergus Software Limited (“Fergus”), via a referral from Master Plumbers Victoria will receive a Fergus subscriptions for free for the rest of 2020 to the Fergus software app. This time period consists of the Fergus 14 day trial (“Standard Trial”) with an additional period until Dec 31 20020 free use of your account (which includes the Sign-Off add-on for free). SMS and Fergus Pay add-ons are not free. In order to activate the full promotion, along with being given any required additional Fergus training and support for free, you must enter your credit card details into your Fergus account within the first 14 days from the date you signed up for a free trial. Your 14 day Standard Trial period commences on your Sign-Up date. The additional months must follow immediately after the Standard Trial. The Fergus & Master Plumbers Victoria end of year promotion is not available to existing Fergus paying customers.

To the maximum extent permitted by law, Master Plumbers Victoria and Fergus and any of its related companies, employees and agents will not be liable for any loss, damage, claim, injury, cost or expense (including but not limited to loss of profits, direct loss, indirect or consequential loss) sustained in connection with this offer.

Master Plumbers Victoria and Fergus take no responsibility for any misdirected, lost, incomplete, damaged, corrupted, incorrectly submitted information, or any human error, technical malfunctions, lost or delayed data transmission, computer or network failure, or any other interruption that may affect the conduct of this offer.

At the end of your Fergus & Master Plumbers Victoria promotion period, if you have not already chosen a plan (Fergus may help guide you with this), you may be prompted within the Fergus app to choose one of the advertised plans on the Fergus website (fergus.com). Depending on the plan you choose, you may be charged for further use of the Fergus app.

The Fergus & Master Plumbers Victoria end of year promotion runs from November 10 2020 to December 31 2020. Fergus and Master Plumbers Victoria reserve the right to change these dates at any time.

All other standard Fergus Terms of Service apply as above.

Trade Partner: Middy’s 3 months free promotion

As part of this special offer (“Fergus & Middy’s 3 month promotion”) customers (“you”, “your”) who sign-up to a subscription account with Fergus Software Limited (“Fergus”), via a referral from Middendorp Electric Co Pty Ltd (“Middys”) will receive three months free subscription to the Fergus software app. This three months consists of a standard 30-day free trial (“Standard Trial”) with an additional two months free use of your account (which includes the Sign-Off add-on for free. SMS and Fergus Pay add-ons are not free). In order to activate the full three months, along with being given any required additional Fergus training and support for free, you must enter your credit card details into your Fergus account within the first 2 weeks from the date you signed up for a free trial. Your 30-day Standard Trial period commences on your Sign-Up date. The additional two months must follow immediately after the Standard Trial. The Fergus & Middy’s 3 month promotion is not available to existing Fergus paying customers.

To the maximum extent permitted by law, Middy’s and Fergus and any of its related companies, employees and agents will not be liable for any loss, damage, claim, injury, cost or expense (including but not limited to loss of profits, direct loss, indirect or consequential loss) sustained in connection with this offer.

Middy’s and Fergus take no responsibility for any misdirected, lost, incomplete, damaged, corrupted, incorrectly submitted information, or any human error, technical malfunctions, lost or delayed data transmission, computer or network failure, or any other interruption that may affect the conduct of this offer.

At the end of your Fergus & Middy’s 3 month promotion period, if you have not already chosen a plan (Fergus may help guide you with this), you may be prompted within the Fergus app to choose one of the advertised plans on the Fergus website (fergus.com). Depending on the plan you choose, you may be charged for further use of the Fergus app.

The Fergus & Middy’s 3 month promotion runs from 13 November 2020 to 28 February 2021. Fergus and Middy’s reserve the right to change these dates at any time.

Master Plumbers NZ Partner Promotion 2021

Members must enter the partner promo code.

Master Plumbers NZ members can start a Fergus free trial and get $200NZD credit on their Fergus account by using the promo code.

As part of this special offer (“Master Plumbers NZ $200NZD Fergus credit promotion”) customers (“you”, “your”) who sign-up to a subscription account with Fergus Software Limited (“Fergus”), via a referral from Master Plumbers NZ a will receive $200 NZD Fergus credit to a paid Fergus Account for the Fergus software app. To receive the $200 NZD Fergus credit you must have signed up to a Fergus customer account via Master Plumbers NZ . The $200 NZD Fergus credit can not be exchanged for cash or other items. The Master Plumbers NZ and Fergus $200NZD Fergus credit promotion is not available to existing Fergus paying customers.

To the maximum extent permitted by law, Master Plumbers NZ and Fergus and any of its related companies, employees and agents will not be liable for any loss, damage, claim, injury, cost or expense (including but not limited to loss of profits, direct loss, indirect or consequential loss) sustained in connection with this offer.

Master Plumbers NZ and Fergus take no responsibility for any misdirected, lost, incomplete, damaged, corrupted, incorrectly submitted information, or any human error, technical malfunctions, lost or delayed data transmission, computer or network failure, or any other interruption that may affect the conduct of this offer.

The Fergus & Master Plumbers NZ $200 NZD Fergus Credit promotion runs from 20 November 2020 until further notice. Fergus reserves the right to change these dates at any time.

All other standard Fergus Terms of Service apply**

Trade Partner: Mico Partner Promotion 2021

Mico customers can start a Fergus free trial and get $200NZD credit on their Fergus account by using the promo code MICO21.

As part of this special offer (“Mico $200NZD Fergus credit promotion”) customers (“you”, “your”) who sign-up to a subscription account with Fergus Software Limited (“Fergus”), via a referral from Mico a will receive $200 NZD Fergus credit to a paid Fergus Account for the Fergus software app. To receive the $200 NZD Fergus credit you must have signed up to a Fergus customer account via Mico. The $200 NZD Fergus credit can not be exchanged for cash or other items. The Mico and Fergus $200NZD Fergus credit promotion is not available to existing Fergus paying customers.

To the maximum extent permitted by law, Mico and Fergus and any of its related companies, employees and agents will not be liable for any loss, damage, claim, injury, cost or expense (including but not limited to loss of profits, direct loss, indirect or consequential loss) sustained in connection with this offer.

Mico and Fergus take no responsibility for any misdirected, lost, incomplete, damaged, corrupted, incorrectly submitted information, or any human error, technical malfunctions, lost or delayed data transmission, computer or network failure, or any other interruption that may affect the conduct of this offer.

The Fergus & Mico $200 NZD Fergus Credit promotion runs from 01 January 2021 until further notice. Fergus reserves the right to change these dates at any time.

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NECA [National Electrical and Communications Association] Partner Promotion 2021

NECA members can start a Fergus free trial and get $200AUD credit on their Fergus account by using the promo code NECA-21.

As part of this special offer, (“NECA $200AUD Fergus credit promotion”) customers (“you”, “your”) who sign-up to a subscription account with Fergus Software Limited (“Fergus”), via a referral from NECA [National Electrical and Communications Association] a will receive $200 AUD Fergus credit to a paid Fergus Account for the Fergus software app. To receive the $200 AUD Fergus credit you must have signed up to a Fergus customer account via NECA [National Electrical and Communications Association]. The $200 AUD Fergus credit can not be exchanged for cash or other items. NECA [National Electrical and Communications Association] and Fergus $200AUD Fergus credit promotion is not available to existing Fergus paying customers.

To the maximum extent permitted by law, NECA [National Electrical and Communications Association] and Fergus and any of its related companies, employees and agents will not be liable for any loss, damage, claim, injury, cost or expense (including but not limited to loss of profits, direct loss, indirect or consequential loss) sustained in connection with this offer.

NECA [National Electrical and Communications Association] and Fergus take no responsibility for any misdirected, lost, incomplete, damaged, corrupted, incorrectly submitted information, or any human error, technical malfunctions, lost or delayed data transmission, computer or network failure, or any other interruption that may affect the conduct of this offer.

The Fergus & NECA [National Electrical and Communications Association] $200 AUD Fergus Credit promotion runs from 14 January 2021 until 31 December 2021. Fergus reserves the right to change these dates at any time.

All other standard Fergus Terms of Service apply**

Boost Digital Promotion 2021

Boost Digital leads or contacts can start a Fergus free trial and get $150NZD credit on their Fergus account by using the promo code BOOST-21.

As part of this special offer (“Boost Digital $150NZD Fergus credit promotion”) customers (“you”, “your”) who sign-up to a subscription account with Fergus Software Limited (“Fergus”), via a referral from Boost Digital will receive $150 NZD Fergus credit to a paid Fergus Account for the Fergus software app. To receive the $150 NZD Fergus credit you must have signed up to a Fergus customer account via Boost Digital. The $150 NZD Fergus credit can not be exchanged for cash or other items. The Boost Digital and Fergus $150NZD Fergus credit promotion is not available to existing Fergus paying customers.

To the maximum extent permitted by law, Boost Digital and Fergus and any of its related companies, employees and agents will not be liable for any loss, damage, claim, injury, cost or expense (including but not limited to loss of profits, direct loss, indirect or consequential loss) sustained in connection with this offer.

Boost Digital and Fergus take no responsibility for any misdirected, lost, incomplete, damaged, corrupted, incorrectly submitted information, or any human error, technical malfunctions, lost or delayed data transmission, computer or network failure, or any other interruption that may affect the conduct of this offer.

The Fergus & Boost Digital $150 NZD Fergus Credit promotion runs from 04 February 2021 until further notice. Fergus reserves the right to change these dates at any time.

Trade partner: Ideal Electrical Promotion 2021

Ideal electrical customers can start a Fergus free trial and get $200NZD credit on their Fergus account by using the promo code IDEAL21. As part of this special offer (“Ideal Electrical $200NZD Fergus credit promotion”) customers (“you”, “your”) who sign-up to a subscription account with Fergus Software Limited (“Fergus”), via a referral from Ideal Electrical will receive $200 NZD Fergus credit to a paid Fergus Account for the Fergus software app. To receive the $200 NZD Fergus credit you must have signed up to a Fergus customer account via Ideal Electrical. The $200 NZD Fergus credit can not be exchanged for cash or other items. The Ideal Electrical and Fergus $200NZD Fergus credit promotion is not available to existing Fergus paying customers. To the maximum extent permitted by law, Ideal Electrical and Fergus and any of its related companies, employees and agents will not be liable for any loss, damage, claim, injury, cost or expense (including but not limited to loss of profits, direct loss, indirect or consequential loss) sustained in connection with this offer. Ideal Electrical and Fergus take no responsibility for any misdirected, lost, incomplete, damaged, corrupted, incorrectly submitted information, or any human error, technical malfunctions, lost or delayed data transmission, computer or network failure, or any other interruption that may affect the conduct of this offer. The Fergus & Ideal Electrical $200 NZD Fergus Credit promotion runs from 15 February 2021 until further notice. Fergus reserves the right to change these dates at any time. Full terms and conditions available at www.fergus.com/terms

Trade Partner: Middys Promotion 2021

Middys Partner Promotion 2021. Middys customers can start a Fergus free trial and get $200NZD credit on their Fergus account by using the promo code MIDDYS21. As part of this special offer (“Middys $200NZD Fergus credit promotion”) customers (“you”, “your”) who sign-up to a subscription account with Fergus Software Limited (“Fergus”), via a referral from Middys will receive $200 NZD Fergus credit to a paid Fergus Account for the Fergus software app. To receive the $200 NZD Fergus credit you must have signed up to a Fergus customer account via Middys. The $200 NZD Fergus credit can not be exchanged for cash or other items. The Middys and Fergus $200NZD Fergus credit promotion is not available to existing Fergus paying customers. To the maximum extent permitted by law, Middys and Fergus and any of its related companies, employees and agents will not be liable for any loss, damage, claim, injury, cost or expense (including but not limited to loss of profits, direct loss, indirect or consequential loss) sustained in connection with this offer. Middys and Fergus take no responsibility for any misdirected, lost, incomplete, damaged, corrupted, incorrectly submitted information, or any human error, technical malfunctions, lost or delayed data transmission, computer or network failure, or any other interruption that may affect the conduct of this offer. The Fergus & Middys $200 NZD Fergus Credit promotion runs from 1 February 2021 until further notice. Fergus reserves the right to change these dates at any time. Full terms and conditions available at www.fergus.com/terms

Partner: Tradie Wives March 2021

Tradie Wives Partner Promotion 2021. Tradie Wives customers can start a Fergus free trial and get $300AUD credit on their Fergus account by using the promo code TW-AUS-03-21. As part of this special offer (“Tradie Wives $300AUD Fergus credit promotion”) customers (“you”, “your”) who sign-up to a subscription account with Fergus Software Limited (“Fergus”), via a referral from Tradie Wives will receive $300 AUD Fergus credit to a paid Fergus Account for the Fergus software app. To receive the $300 AUD Fergus credit you must have signed up to a Fergus customer account via Tradie Wives. The $300 AUD Fergus credit can not be exchanged for cash or other items. The Tradie Wives and Fergus $300AUD Fergus credit promotion is not available to existing Fergus paying customers. To the maximum extent permitted by law, Tradie Wives and Fergus and any of its related companies, employees and agents will not be liable for any loss, damage, claim, injury, cost or expense (including but not limited to loss of profits, direct loss, indirect or consequential loss) sustained in connection with this offer. Tradie Wives and Fergus take no responsibility for any misdirected, lost, incomplete, damaged, corrupted, incorrectly submitted information, or any human error, technical malfunctions, lost or delayed data transmission, computer or network failure, or any other interruption that may affect the conduct of this offer. The Fergus & Tradie Wives $300 AUD Fergus Credit promotion runs until March 31 2021.. Fergus reserves the right to change these dates at any time. Full terms and conditions available at www.fergus.com/terms

_Trade Partners Promotion 2021
_

Trade Partners Promotion 2021. Trade Partner members can start a Fergus free trial and get $200NZD credit on their Fergus account by using the promo code TP-NZ-03-21. As part of this special offer (“Trade Partners $200NZD Fergus credit promotion”) members (“you”, “your”) who sign-up to a subscription account with Fergus Software Limited (“Fergus”), via a referral from Trade Partners will receive $200 NZD Fergus credit to a paid Fergus Account for the Fergus software app. To receive the $200 NZD Fergus credit you must have signed up to a Fergus customer account via Trade Partners. The $200 NZD Fergus credit can not be exchanged for cash or other items. The Trade Partners and Fergus $200NZD Fergus credit promotion is not available to existing Fergus paying customers. To the maximum extent permitted by law, Trade Partners and Fergus and any of its related companies, employees and agents will not be liable for any loss, damage, claim, injury, cost or expense (including but not limited to loss of profits, direct loss, indirect or consequential loss) sustained in connection with this offer. Trade Partners and Fergus take no responsibility for any misdirected, lost, incomplete, damaged, corrupted, incorrectly submitted information, or any human error, technical malfunctions, lost or delayed data transmission, computer or network failure, or any other interruption that may affect the conduct of this offer. The Fergus & Trade Partners $200 NZD Fergus Credit promotion runs from March 2021 until further notice. Fergus reserves the right to change these dates at any time. Full terms and conditions available at www.fergus.com/terms

Trade Partner: Master Plumbers Victoria Promotion 2021

Master Plumbers Victoria Promotion 2021 members can start a Fergus free trial and get $300AUD credit on their Fergus account by using the promo code MP-VIC-05-21. As part of this special offer (“Master Plumbers Victoria Promotion get $300AUD Fergus credit promotion”) members (“you”, “your”) who sign-up to a subscription account with Fergus Software Limited (“Fergus”), via a referral from Master Plumbers Victoria Promotion will receive $300 AUD Fergus credit to a paid Fergus Account for the Fergus software app. To receive the $300 AUD Fergus credit you must have signed up to a Fergus customer account via Master Plumbers Victoria. The $300 AUD Fergus credit can not be exchanged for cash or other items. The Master Plumbers Victoria and Fergus $300AUD Fergus credit promotion is not available to existing Fergus paying customers. To the maximum extent permitted by law, Master Plumbers Victoria and Fergus and any of its related companies, employees and agents will not be liable for any loss, damage, claim, injury, cost or expense (including but not limited to loss of profits, direct loss, indirect or consequential loss) sustained in connection with this offer. Master Plumbers Victoria and Fergus take no responsibility for any misdirected, lost, incomplete, damaged, corrupted, incorrectly submitted information, or any human error, technical malfunctions, lost or delayed data transmission, computer or network failure, or any other interruption that may affect the conduct of this offer. The Fergus & Master Plumbers Victoria $300 AUD Fergus Credit promotion runs from 8 April 2021 until May 31 2021. Fergus reserves the right to change these dates at any time. Full terms and conditions available at fergus.com

Partner: NECA promotion May 2021

As part of this special offer (“Fergus & NECA 3-month promotion”) members (“you”, “your”) who sign-up to a subscription account with Fergus Software Limited (“Fergus”), via a referral from National Electrical and Communications Association (“NECA”) will receive three months free subscription to the Fergus software app. This three months consists of a standard 14-day free trial (“Standard Trial”) with an additional two months and 14-days free use of your account (which includes the Sign-Off add-on for free. SMS and Fergus Pay add-ons are not free). In order to activate the full three months, along with being given any required additional Fergus training and support for free, you must enter your credit card details into your Fergus account within the first 14 days from the date you signed up for a free trial. Your 14-day Standard Trial period commences on your Sign-Up date. The additional two months and 14 days must follow immediately after the Standard Trial. The Fergus & NECA 3-month promotion is not available to existing Fergus paying customers.

To the maximum extent permitted by law, NECA and Fergus and any of its related companies, employees and agents will not be liable for any loss, damage, claim, injury, cost or expense (including but not limited to loss of profits, direct loss, indirect or consequential loss) sustained in connection with this offer.

NECA and Fergus take no responsibility for any misdirected, lost, incomplete, damaged, corrupted, incorrectly submitted information, or any human error, technical malfunctions, lost or delayed data transmission, computer or network failure, or any other interruption that may affect the conduct of this offer.

At the end of your Fergus & NECA 3-month promotion period, if you have not already chosen a plan (Fergus may help guide you with this), you may be prompted within the Fergus app to choose one of the advertised plans on the Fergus website (fergus.com). Depending on the plan you choose, you may be charged for further use of the Fergus app.

The Fergus & NECA 3-month promotion runs from 18 May 2021 to 31 May 2021. Fergus reserve the right to change these dates at any time.

All other standard Fergus Terms of Service apply, as above.

Trade Supplier Partner: Zip Plumbing Plus integration promotion May 2021

As part of this special offer (“Fergus & Zip Plumbing Plus 2-month promotion”) members (“you”, “your”) who sign-up to a subscription account with Fergus Software Limited (“Fergus”), via a referral from Zip Plumbing Plus will receive two months free subscription to the Fergus software app. These two months consists of a standard 14-day free trial (“Standard Trial”) with an additional two months free use of your account (which includes the Sign-Off add-on for free. SMS and Fergus Pay add-ons are not free). In order to activate the full two months, along with being given any required additional Fergus training and support for free, you must enter your credit card details into your Fergus account within the first 14 days from the date you signed up for a free trial. Your 14-day Standard Trial period commences on your Sign-Up date. The additional two months and must follow immediately after the Standard Trial. The Fergus & Zip Plumbing Plus 2-month promotion is not available to current Fergus paying customers.

To the maximum extent permitted by law, Zip Plumbing Plus and Fergus and any of its related companies, employees and agents will not be liable for any loss, damage, claim, injury, cost or expense (including but not limited to loss of profits, direct loss, indirect or consequential loss) sustained in connection with this offer.

Zip Plumbing Plus and Fergus take no responsibility for any misdirected, lost, incomplete, damaged, corrupted, incorrectly submitted information, or any human error, technical malfunctions, lost or delayed data transmission, computer or network failure, or any other interruption that may affect the conduct of this offer.

At the end of your Fergus & Zip Plumbing Plus 2-month promotion period, if you have not already chosen a plan (Fergus may help guide you with this), you may be prompted within the Fergus app to choose one of the advertised plans on the Fergus website (fergus.com). Depending on the plan you choose, you may be charged for further use of the Fergus app.

The Fergus & Zip Plumbing Plus 2-month promotion runs from 24 May 2021 to 30 June 2021. Fergus reserve the right to change these dates at any time.

All other standard Fergus Terms of Service apply, as above.

Partner: Tradie Wives EOFY promotion June 2021

As part of this special offer (“Fergus & TradieWives EOFY promotion”) members (“you”, “your”) who sign-up to a subscription account with Fergus Software Limited (“Fergus”), via a referral from Tradie Wives will receive two months free subscription to the Fergus software app. These two months consists of a standard 14-day free trial (“Standard Trial”) with an additional two months use of your account (which includes the Sign-Off add-on for free. SMS and Fergus Pay add-ons are not free). In order to activate the full two months, along with being given any required additional Fergus training and support for free, you must enter your credit card details into your Fergus account within the first 14 days from the date you signed up for a free trial. Your 14-day Standard Trial period commences on your Sign-Up date. The additional two months must follow immediately after the Standard Trial. The Fergus & Tradie Wives EOFY promotion is not available to existing Fergus paying customers.

To the maximum extent permitted by law, Tradie Wives and Fergus and any of its related companies, employees and agents will not be liable for any loss, damage, claim, injury, cost or expense (including but not limited to loss of profits, direct loss, indirect or consequential loss) sustained in connection with this offer.

Tradie Wives and Fergus take no responsibility for any misdirected, lost, incomplete, damaged, corrupted, incorrectly submitted information, or any human error, technical malfunctions, lost or delayed data transmission, computer or network failure, or any other interruption that may affect the conduct of this offer.

At the end of your Fergus & Tradie Wives EOFY promotion period, if you have not already chosen a plan (Fergus may help guide you with this), you may be prompted within the Fergus app to choose one of the advertised plans on the Fergus website (fergus.com). Depending on the plan you choose, you may be charged for further use of the Fergus app.

The Fergus & Tradie Wives EOFY promotion runs from 28 May 2021 to 31 June 2021. Fergus reserves the right to change these dates at any time.

All other standard Fergus Terms of Service apply, as above.

The Electricians Co-Op 2021 Promotion - TEC21 - valid until 31 Dec 2021

The Electricians Co-Op members or podcast listeners (“you”, “your”) who sign-up
to a subscription account with Fergus Software Limited (“Fergus”) using the promo code TEC21 will receive two months free subscription to the Fergus software app.

These two months consist of our 14-day free trial (“Standard Trial”) with an additional two months use of your account (which includes the Sign-Off add-on for free. SMS and Fergus Pay add-ons are not free). In order to activate the full two months, along with being given any required additional Fergus training and support for free, you must enter your credit card details into your Fergus account within the first 14 days from the date you signed up for a free trial. Your 14-day Standard Trial period commences on your Sign-Up date. The additional two months must follow immediately after the Standard Trial. The Electrician’s Co-Op promotion is not available to existing Fergus paying customers.

To the maximum extent permitted by law, The Electricians Co-Op and Fergus and any of its related companies, employees and agents will not be liable for any loss, damage, claim, injury, cost or expense (including but not limited to loss of profits, direct loss, indirect or consequential loss) sustained in connection with this offer.

The Electricians Co-Op and Fergus take no responsibility for any misdirected, lost, incomplete, damaged, corrupted, incorrectly submitted information, or any human error, technical malfunctions, lost or delayed data transmission, computer or network failure, or any other interruption that may affect the conduct of this offer.

At the end of your Fergus & The Electricians Co-Op promotion period, if you have not already chosen a plan (Fergus may help guide you with this), you may be prompted within the Fergus app to choose one of the advertised plans on the Fergus website (fergus.com). Depending on the plan you choose, you may be charged for further use of the Fergus app.

The Fergus & The Electricians Co-Op promotion runs from 30 June 2021 to 31 December 2021. Fergus reserves the right to change these dates at any time.

All other standard Fergus Terms of Service apply, as above.

Trade partner: Advance Electrical 2 months free promotion

As part of this special offer (“Fergus & Advance Electrical 2 month promotion”) customers (“you”, “your”) who sign-up to a subscription account with Fergus Software Limited (“Fergus”), via a referral from Advance Electrical Ltd will receive two months free subscription to the Fergus software app. These two months include the standard 14-day free trial (“Standard Trial”) with an additional 1.5 months free use of your account (which includes the Sign-Off add-on for free. SMS and Fergus Pay add-ons are not free). In order to activate the full two months, along with being given any required additional Fergus training and support for free, you must enter your credit card details into your Fergus account within the first 2 weeks from the date you signed up for a free trial. Your 14-day Standard Trial period commences on your Sign-Up date. The additional 1.5 months must follow immediately after the Standard Trial. The Fergus & Advance Electrical 2 month promotion is not available to existing Fergus paying customers.

To the maximum extent permitted by law, Advance Electrical and Fergus and any of its related companies, employees and agents will not be liable for any loss, damage, claim, injury, cost or expense (including but not limited to loss of profits, direct loss, indirect or consequential loss) sustained in connection with this offer.

Advance Electrical and Fergus takes no responsibility for any misdirected, lost, incomplete, damaged, corrupted, incorrectly submitted information, or any human error, technical malfunctions, lost or delayed data transmission, computer or network failure, or any other interruption that may affect the conduct of this offer.

At the end of your Fergus & Advance Electrical 2 month promotion period, if you have not already chosen a plan (Fergus may help guide you with this), you may be prompted within the Fergus app to choose one of the advertised plans on the Fergus website (fergus.com). Depending on the plan you choose, you may be charged for further use of the Fergus app.

The Fergus & Advance Electrical 2-month promotion runs from 5 July 2021 to 31 July 2021. Fergus reserve the right to change these dates at any time.

Trade partner: Scott Electrical 2 months free promotion
Promo code: SCOTT-07-21

As part of this special offer (“Fergus & Scott Electrical 2 month promotion”) customers (“you”, “your”) who sign-up to a subscription account with Fergus Software Limited (“Fergus”), via a referral from Scott Electrical Ltd will receive two months free subscription to the Fergus software app. These two months include the standard 14-day free trial (“Standard Trial”) with an additional 1.5 months free use of your account (which includes the Sign-Off add-on for free. SMS and Fergus Pay add-ons are not free). In order to activate the full two months, along with being given any required additional Fergus training and support for free, you must enter your credit card details into your Fergus account within the first 2 weeks from the date you signed up for a free trial. Your 14-day Standard Trial period commences on your Sign-Up date. The additional 1.5 months must follow immediately after the Standard Trial. The Fergus & Advance Electrical 2 month promotion is not available to existing Fergus paying customers.

To the maximum extent permitted by law, Scott Electrical and Fergus and any of its related companies, employees and agents will not be liable for any loss, damage, claim, injury, cost or expense (including but not limited to loss of profits, direct loss, indirect or consequential loss) sustained in connection with this offer.

Scott Electrical and Fergus take no responsibility for any misdirected, lost, incomplete, damaged, corrupted, incorrectly submitted information, or any human error, technical malfunctions, lost or delayed data transmission, computer or network failure, or any other interruption that may affect the conduct of this offer.

At the end of your Fergus & Scott Electrical 2 month promotion period, if you have not already chosen a plan (Fergus may help guide you with this), you may be prompted within the Fergus app to choose one of the advertised plans on the Fergus website (fergus.com). Depending on the plan you choose, you may be charged for further use of the Fergus app.

The Fergus & Scott Electrical 2-month promotion runs from 5 July 2021 to 31 July 2021. Fergus reserve the right to change these dates at any time.

Special Limited-time promotion: AU Leads Lockdown Promotion
Promo code: LOCKDOWN

As part of this special offer (“Fergus ”) customers (“you”, “your”) who sign-up to a subscription account with Fergus Software Limited (“Fergus”), via the AU Leads Lockdown Promotion and use the promotion code: LOCKDOWN will receive two months free subscription to the Fergus software app. These two months include the standard 14-day free trial (“Standard Trial”) with an additional 1.5 months free use of your account (which includes the Sign-Off add-on for free. SMS and Fergus Pay add-ons are not free). In order to activate the full two months, along with being given any required additional Fergus training and support for free, you must enter your credit card details into your Fergus account within the first 2 weeks from the date you signed up for a free trial. Your 14-day Standard Trial period commences on your Sign-Up date. The additional 1.5 months must follow immediately after the Standard Trial. The Fergus AU Leads Lockdown Promotion is not available to existing Fergus paying customers.

To the maximum extent permitted by law, Fergus and any of its related companies, employees and agents will not be liable for any loss, damage, claim, injury, cost or expense (including but not limited to loss of profits, direct loss, indirect or consequential loss) sustained in connection with this offer.

Fergus take no responsibility for any misdirected, lost, incomplete, damaged, corrupted, incorrectly submitted information, or any human error, technical malfunctions, lost or delayed data transmission, computer or network failure, or any other interruption that may affect the conduct of this offer.

At the end of your Fergus AU Lockdown 2 month promotion period, if you have not already chosen a plan (Fergus may help guide you with this), you may be prompted within the Fergus app to choose one of the advertised plans on the Fergus website (fergus.com). Depending on the plan you choose, you may be charged for further use of the Fergus app.

The Fergus AU Lockdown 2-month promotion runs from 1-31 August 2021. Fergus reserve the right to change these dates at any time.

FERGUS SOFTWARE GENERAL PRIVACY POLICY

Fergus Software Limited (herein “Fergus”) recognises the importance of safeguarding your personal and financial information. As a provider of commercial services we need to obtain personal information about you and your customers in the course of providing our products and services. Because this information is confidential and important to you, we think it’s important you know how we treat this information. We have created this Privacy Policy to help you understand how we collect, use and protect your personal information and your customers when you visit our websites, contact us, or use our products and services. In this Privacy Policy “we”, “us” or “our” means Fergus Software Limited NZBN 9429031078085.

Fergus Software Limited whose registered office is located at 20 Mount Albert Road, Mount Albert, Auckland, 1025, New Zealand with the NZBN 9429031078085 (hereinafter referred to as “We” or “Fergus”) is the data controller and processor of the personal information we collect about you on this website and Fergus program/app.

This policy is provided for your information and when we collect, store and use your personal information, such personal information is dedicated to Fergus Group companies, their franchisees, sub-contractors and partners and will be collected, processed and stored in accordance with New Zealand Data Protection and Privacy laws and, to the extent applicable, by the European Union General Data Protection Regulation (EU) 2016679 (the GDPR).

1. What Personal Information Does Fergus Collect?

We collect information relating to you that you have provided to us (through account or partnership registration, completing forms, contacting us, or using our products and services) or that we may have obtained from another source (such as marketing partners, referral partners or from marketing organisations).

This information may include your name, your company’s name, tax file number, date of birth, address, telephone numbers, credit card, bank account, and/or financial details, information on how you use our products and services (such as your video views history, help conversations, and browsing activity when visiting one of our websites), references, opinions and/or lifestyle information and any other information collected in relation to your use of our products and services.

When you visit one of our websites, Fergus’s Internet Service Provider may make a record of your visit and log the following information for statistical purposes:

  • Your server address
  • Your top level domain name (for example .com, .gov, .au, .uk, etc)
  • Browser session and geo-location data, device and network information, statistics on page views and sessions, acquisition sources, search queries and/or browsing behaviour such as the date and time of your visit to the site
  • The pages you accessed and the documents downloaded
  • The previous site you have visited
  • The type of browser you are using

We may collect these types of personal information directly from you or from third parties. This collected information is used to provide an overview of how you are accessing and using the Fergus website and app to allow us to make automated decisions on how to best serve your needs as well as providing requested services.

If you use one of our websites to complete an online application form, or create an account, we will only collect the information you provide as part of that process if you complete and submit the application or register an account with us.

If you log out of our websites or cancel your application or account before submitting it, the information you had entered will be automatically deleted.

2. What Does Fergus Do With My Information?

The information that we collect from you may be used by us for a number of purposes connected with our business such as:

  • 2.1 responding to any enquiry made by you, such as to send you requested content, as well as information regarding our products and services;
  • 2.2 sending you marketing communications in compliance with applicable laws and in accordance with your preferences, that we believe may be of interest to you;
  • 2.3 personalising your experience on our Sites by presenting information tailored to you;
  • 2.4 processing your application for registration for the purpose of becoming a Fergus partner, or use of Fergus services or to access information on our websites made available only to registered users or account holders;
  • 2.5 providing you with products and/or services you have requested or administering your account;
  • 2.6 settling accounts with those who provide related services to us;
  • 2.7 dealing with your requests, enquiries or complaints and other customer care related activities;
  • 2.8 carrying out market and product analysis and marketing our products and services generally;
  • 2.9 registering your details and allocating or offering you rewards, discounts or other benefits and fulfilling any requests or requirements you may have in respect of our partner programmes and other similar schemes;
  • 2.10 carrying out any activity in connection with a legal, governmental or regulatory requirement on us or in connection with legal proceedings, crime or fraud prevention, detection or prosecution;
  • 2.11 carrying out activities connected with the running of our business such as personnel training, quality control, network monitoring, testing and maintenance of computer and other systems and in connection with the transfer of any part of our business in respect of which you are a customer or a potential customer;
  • 2.12 for general administrative and business purposes.

Our Site is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Site. We do not knowingly collect personal information from children under 13.

If you are under 13, do not use or provide any information on this Site or on or through any of its features/register on the Site or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use.

If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at support@fergus.com.

Most of our services do not require any form of registration, allowing you to visit our site without telling us who you are. However, some services may require you to provide us with Personal Data. In these situations, if you choose to withhold any Personal Data requested by us, it may not be possible for you to gain access to certain parts of the site and for us to respond to your query.

3. Will Fergus Share My Information?

Fergus will not sell your information to third parties. All other data collected is not individually identifiable, and is used for internal research purposes. However, there may be times when we need to disclose your personal information to third parties. If we do this, we will only disclose your information to:

  • 3.1 those who provide products or services to us, or products or services that support the services that we provide, such as our Business Partners, and other suppliers;
  • 3.2 anyone who assists us in protecting the operation of the Fergus Software, and our networks and central solution systems, including the use of monitoring and detection in order to identify potential threats, such as hacking and virus dissemination and other security vulnerabilities;
  • 3.3 anyone who hosts or maintains data centres, service platforms and other infrastructure and systems on behalf of us, where your information is processed and or stored, which may be in a country other than New Zealand;
  • 3.4 persons to whom we may be required to pass your information by reason of legal, governmental or regulatory authority including law enforcement agencies and emergency services;
  • 3.5 any person or organisation as authorised by the New Zealand Privacy Act 1993.
4. What Does Fergus Do With My Customers’ Information?

All information entered regarding your customers and undertaken in your day-to-day use of the Fergus software will be afforded the same privacy standards contained herein for you. We do not access this information unless requested by you nor will we pass it on to third parties unless required to do so as per the provisions of this Privacy Policy.

5. How Does Fergus Use Cookies?

Fergus uses technology in order to offer you the most convenient, secure and relevant services. An example of the technology that Fergus uses is a “cookie”. Cookies are an element of data that a website can send to your browser, which may then store it on your system for record-keeping purposes. Some cookies can be used to provide you with tailored information from a website. Fergus uses cookies to maintain our security requirements during your use of our website along with standard internet log information and details of our visitors’ behaviour patterns in order to obtain statistics of the number of visits and the popular parts of those websites. These statistics are gathered and used solely for the purposes of analysing, evaluating and improving the content of Fergus’s websites.

6. Will Fergus Protect My Personal Information?

We will take reasonable steps to ensure that the personal information we collect, use or disclose is accurate, complete, up-to-date and stored in a secure environment protected from unauthorised access, use, modification or disclosure.

i) Payment Security
Payment Security is managed through Windcave for mutual security. Encryption protection is managed with an SSL (Secure Socket Layer) certificate, industry standard 128bit encryption software.

7. How Does Fergus Retain And/Or Store My Information?

We may retain all personal information that we collect (on both our active systems and our archive systems), for as long as is necessary for us to carry out the purposes for which the information was collected (including for the purpose of providing services to you). For registration and account information, this means that the information is likely to be retained for the period of time that we consider your account to be “active”. An “inactive” account is where the account is not used for a continuous period of two (2) years.

The location at which we store your personal information will depend on the nature and purpose of the information and the manner in which you supply it to us. Fergus will at its discretion use, process, and store your personal information at our premises and/or storage facilities whether in New Zealand or another country. You hereby consent to this transfer. You further agree that this agreement and any issues relating to privacy matters is governed by the laws of New Zealand and each party submits to the jurisdiction of the Courts of New Zealand and its privacy laws. In the event Fergus decides to store the personal information outside of New Zealand, you still agree to be bound by the provisions of this clause.

8. How Can I Access My Personal Information Held By Fergus?

You have the right to know whether or not we hold any personal information about you. You also have the right to access your personal information, if we hold that personal information in a way that it can be readily retrieved. You may request access to the personal information we hold about you by sending an email to: support@fergus.com. We will fulfil your request by sending your copy electronically, unless the request specifies a different method. For any subsequent access request, we may charge you with an administration fee.

9. Changes To Our Privacy Policy

We may change this Privacy Policy from time to time at our discretion. Should we deem this amendment significant we will notify you through the contact details you have provided us. It is your responsibility to ensure the contact details we hold for you are valid and current at all times.

The privacy policy forms a part of our Terms of Service and should be read in conjunction with them. By creating a Fergus account, or by viewing and using our websites or related services offered in conjunction with our websites, you agree to Fergus collecting and using your personal information as set out in this Privacy Policy. If you do not agree to any part of this Privacy Policy you can either contact us at support@fergus.com or you can stop accessing or using our websites and services.

We cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk. Although we take measures to safeguard against unauthorised disclosures of information, we cannot assure you that the personal information we collect will not be disclosed in a manner that is inconsistent with this Privacy Policy.

We may in the future contact you to inform you of services and products available from Fergus or our partners. If you do not wish to receive these offers you may opt out at any time.

If you decide not to provide the personal information requested when you use, register or open an account on our website, this may result in services or products (including related services offered in conjunction with our websites) not being offered or provided to you.

Please also note that while the Fergus website hyperlinks to various other websites, Fergus is not responsible for the privacy practice of those websites and/or the reliability of the information published on those websites.

Contact us

You may contact us at any time to:

  • Request access to information that Fergus has about you.
  • Correct any information that Fergus has about you.
  • Delete any information that Fergus has about you.
  • If you have any questions regarding this policy or our collection or storage of data, you may contact Fergus - internationally via email at support@fergus.com or via phone:

New Zealand: +64 9 972 9942
Australia: +61 476 114 962

or via post at:

65 New North Road
Eden Terrace
Auckland 1021
New Zealand