TheBackBenchersTech

TheBackBenchersTech

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TheBackBenchersTech

Welcome to TheBackBenchersTech, where innovation meets excellence. We specialize in Web Development, App Development, Graphics Design, Content Creation, Data Analytics, SEO, and Social Media Marketing. Our dedicated team delivers tailored solutions to drive your business’s growth and success.

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Terms & Conditions
HomeTerms & Conditions

Effective Date: July 2026

Website: thebackbencherstech.com

Welcome to The Backbenchers Tech (“Company”, “we”, “our”, or “us”). These Terms and Conditions (“Terms”) govern your access to and use of our website, custom software engineering services, and proprietary Software-as-a-Service (SaaS) platforms, including TBB SmartDine, TBB FormFlow, and TBB Backend App (collectively, the “Services”).

By accessing our website, executing a statement of work (SOW), or logging into any TBB platform, you agree to be bound by these Terms.

1. Services & Scope of Work

The Backbenchers Tech provides custom software development, digital engineering, API integrations, and cloud application hosting for businesses across New Zealand, Australia, the United Kingdom, and India.

  • Agency Projects: Specific project deliverables, development timelines, milestones, and payment schedules are governed by individual Client Agreements or Statements of Work (SOWs) executed between the Client and The Backbenchers Tech. In the event of a conflict between these general Terms and an active SOW, the terms of the signed SOW shall prevail.
  • SaaS Platforms: Access to TBB SmartDine, TBB FormFlow, and TBB Backend App is provided on a subscription or service-agreement basis.

2. Client Responsibilities & API Integrations

A. Account Security & Credentials

You are responsible for maintaining the confidentiality of your administrative login credentials across all TBB platforms. You must notify us immediately at hello@thebackbencherstech.com if you suspect unauthorized access to your account.

B. Third-Party API Access (SEO, SMM & Analytics)

Where our services or platforms integrate with third-party APIs (including Google Search Console, Google Analytics, Meta Business Manager, or PageSpeed Insights):

  • You grant us permission to authenticate and access these third-party accounts solely to render performance metrics, execute authorized automation, or populate client analytics dashboards.
  • You are responsible for maintaining valid API authorizations and complying with the respective terms of service of those third-party providers.

3. SaaS Platform Conditions (SmartDine, FormFlow, TBB Backend)

A. TBB SmartDine (Restaurant POS & Ordering)

  • Restaurant Operations: Restaurants using TBB SmartDine act as the primary merchant for their end-customers. The Backbenchers Tech provides the software infrastructure; we are not responsible for food preparation, order fulfillment accuracy, or restaurant customer service disputes.

B. Acceptable Use

You agree not to misuse our platforms or assist others in doing so. You strictly agree NOT to:

  • Reverse engineer, decompile, or copy the source code of TBB SmartDine, TBB FormFlow, or TBB Backend App.
  • Use our applications to store, transmit, or distribute malicious code, spam, or unlawful content.
  • Interfere with or disrupt the integrity or performance of our cloud hosting infrastructure.

4. Intellectual Property (IP) Rights

  • Proprietary Platforms & Frameworks: All right, title, and interest in and to the TBB SmartDine, TBB FormFlow, and TBB Backend App platforms including underlying code, database schemas, UI components, logos, and system architecture remain the exclusive intellectual property of The Backbenchers Tech.
  • Custom Client Deliverables: Ownership of custom application code and assets developed specifically for a client under a paid SOW transfers to the client upon full and final payment of all agreed fees, excluding any pre-existing TBB proprietary code, frameworks, or third-party libraries integrated therein.

5. Fees, Invoicing & Subscriptions

  • Billing Terms: Invoices for agency projects and SaaS subscription fees are issued in accordance with your signed proposal or subscription tier.
  • Payment Schedule: Payments must be made by the due date specified on the invoice.
  • Late Payments & Suspension: We reserve the right to temporarily suspend client access to TBB SaaS platforms or halt active software development if invoices remain unpaid beyond agreed credit terms.

6. Service Availability & Maintenance

While we strive for continuous uptime across our cloud infrastructure and SaaS applications:

  • Access to our platforms is provided on an “as-is” and “as-available” basis.
  • We may perform scheduled or emergency server maintenance. We aim to provide advance notice for scheduled maintenance that impacts core live ordering systems (such as TBB SmartDine).
  • We are not liable for downtime caused by third-party cloud hosting providers, domain registrars, or global internet outages beyond our reasonable control.

7. Limitation of Liability

To the maximum extent permitted by New Zealand law (including the Contract and Commercial Law Act 2017):

  • No Consequential Loss: The Backbenchers Tech shall not be liable for any indirect, incidental, special, or consequential damages, including loss of business profit, revenue, data, or operational disruption arising out of your use of our software or services.
  • Liability Cap: Our total aggregate liability for any direct claims arising under these Terms or any project agreement shall be strictly capped at the total amount paid by you to The Backbenchers Tech for the specific service or SaaS subscription during the three (3) months preceding the claim.

8. Warranties & Disclaimers

Except as expressly set out in a signed Client Agreement or required under New Zealand law:

  • We do not warrant that our software platforms will be entirely error-free or uninterrupted.
  • For custom development projects, we provide a standard bug-fix warranty period (typically detailed in your SOW) following initial project deployment.

9. Termination

  • Agency Projects: Either party may terminate an active development engagement in accordance with the termination clauses specified in the signed SOW.
  • SaaS Accounts: You may cancel your SaaS platform subscription by providing written notice prior to your next billing cycle.
  • Termination for Breach: We reserve the right to immediately suspend or terminate access to any TBB platform if you breach these Terms or engage in fraudulent or abusive activity.

10. Governing Law & Jurisdiction

These Terms are governed by and construed in accordance with the laws of New Zealand. Any legal disputes arising out of these Terms, our platforms, or our services shall be subject to the exclusive jurisdiction of the New Zealand courts.

11. Contact Information

For any questions regarding these Terms & Conditions or our software agreements, please contact us: