Mobenzi Software as a Service Order

Version 2.4 – Last Updated 09.05.2019

Previous published versions:

1. Introduction

2. Definitions

In these terms:

3. Duration

4. Changes

5. Account Registration

5.1. Registration required

5.2. Registration information

To register an account, you must:

5.3. Identify verification

It is important for us to know who we are doing business with. You authorise us to make any enquiries we consider necessary to verify your identity. This includes:

6. User profiles and security

6.1. Credentials

6.2. Choice of passwords

6.3. Access

6.4. Authorised user obligations

Each authorised user agrees:

6.5. Account administrator obligations

Each account administrator agrees:

6.6. Your instructions

6.7. Monitoring security

We reserve the right to take whatever action we deem necessary to preserve the security and reliable operation of our software as a service and you undertake that you will not do or permit anything to be done which will compromise our security. If:

7. Services

7.1. Grant of license

7.2. Our obligations

7.3. Your obligations

7.4. Fair usage policy

7.5. API

7.6. Service levels

We will provide the services with the following service levels:

7.7. Data security and hosting infrastructure

We will host your data securely as follows:

Data CentreAWS EU Region
Data Encryption256-bit SSL in transit
Offsite data backupEvery 15 minutes to Amazon S3
Data auditingAutomated

8. Access requirements

8.1. Mobile device requirements

8.2. Web browser requirements

9. Plans

We offer various plans to suit your specific requirements. These plans provide access to varying features of the software as a service and impose limits specified below.

Data export formatsCSV, Microsoft ExcelCSV, Microsoft Excel, Stat/TransferCSV, Microsoft Excel, Stat/TransferCSV, Microsoft Excel, Stat/TransferCSV, Microsoft Excel, Stat/Transfer
Field team management toolsLimited
Enabled mobile device limit52550200500
Console user limit2UnlimitedUnlimitedUnlimitedUnlimited
Project limit1241025
Project-level permissions-
Storage limit1GB10GB20GB50GB100GB
Form limit10UnlimitedUnlimitedUnlimitedUnlimited
Form submission limit500/month10,000/month20,000/month50,000/month100,000/month
Monthly SMS credits5002,0005,000
Configurable form completion behaviour
Published reports
API access

9.1. Community plan

9.2. Premium plan

Premium plan customers may elect to subscribe for expansion packs to increase certain plan limits for an additional monthly fee per expansion pack.

Enabled mobile device limit200+50
Project limit10+2
Storage limit50GB+10GB
SMS limit2,000/month+500/month
Form submission limit50,000/month+10,000/month

9.3. Enterprise plan

Enterprise plan customers may elect to subscribe for expansion packs to increase certain plan limits for an additional monthly fee per expansion pack.

Enabled mobile device limit500+50
Project limit25+2
Storage limit100GB+10GB
SMS limit5,000/month+500/month
Form submission limit100,000/month+10,000/month

10. Support

We will provide support to authorised users from accounts subscribed to a paid plan in good standing.

Help Center access
Email support
Chat support

10.1. Help centre

10.2. Help desk

11. Optional add-on features

12. Plan downgrades and parking

12.1. Downgrades

12.2. Account parking

13. Data protection

13.1 Definitions

For the purposes of this clause data protection laws means

13.2 Roles and obligations

13.3 Deletion of personal data

To delete personal data stored by us, you must:

Upon receipt of your purge request, we will process the removal of the record(s) containing personal data from our systems. It may take up to 14 days for the record(s) to be purged from our primary database. It may take a further 14 days for the record(s) to be purged from previous back-ups of the primary database. Traces and fragments of the record(s) may exist in system logs which may take up to 3 months to be cleared.

13.4 Data breaches

We will, as soon as reasonably practicable in the circumstances, but within 24 hours of becoming aware, notify you in writing of any breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to any data we store on your behalf. We will provide you with a written notice that will specify:

It will be your responsibility to determine whether any personal data has been breached and take action accordingly. We will promptly comply with any written instructions you provide to us and coordinate with you in relation to the data breach as it pertains to any breached personal data under your control.

13.5 Update

The parties agree to any reasonable amendment to this clause to bring it into line with any amendment to or re-enactment of any data protection laws or any recommendations of the Information Commissioner or other data protection or supervisory authority.

14. Fees

Our fees for the various plans are available on our website or upon request. All fees are due in advance unless specified otherwise.

14.1. Fees cover software as a service usage only

The fees will cover the software as a service and not any other software, including any database.

14.2. Fee increases

14.3. Upgrades

14.4. Payment methods

14.5. Time and materials

We may charge you additional fees on a time and materials basis for time that we, in our reasonable opinion, spend in relation to the following:

14.6. Electronic billing and notices

14.7. Refunds

15. System issues

16. Excluded services

17. Restrictions

You will not:

18. Suspension of service

18.1. Without cause

We may modify, suspend, or discontinue providing the services without cause (with or without notice) and will not be liable for doing so.

18.2. AUP violation

We may immediately suspend your right to use any of the services if you violate our acceptable use policy.

18.3. Preservation of data (suspension)

In the event that we suspend your access to any services, we will not take any action to intentionally erase any of your data in our possession during the period of suspension and the fees will continue to accrue.

19. Termination of service

We may immediately terminate this agreement at any time by giving you notice in writing if:

You may submit a cancellation request to us. Only the account owner, or a user nominated by the account owner may submit a cancellation request via the account management page.

20. Effect of termination

20.1. Data deletion

On the deactivation, cancellation or deletion of your account:

20.2. Post termination assistance