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Free til
August 2007


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This is the master log in for this account. You can set up other people later on.

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Your OptimalSort address

http://

.optimalsort.com

Every OptimalSort account has its own unique web address. This is where you'll login to create projects.

Terms and conditions

4.1	You acknowledge that Optimal will bill your credit card prior to provision of the Services.
5.	Warranties
5.1	Optimal warrants that it holds all rights to the Website and the material underlying and forming part of the Services in New Zealand and that it will use reasonable skill, care and diligence in the provision of the Services.   
5.2	Other than the warranties expressly contained in this agreement, those warranties implied by law and which are incapable of exclusion, restriction and modification, Optimal makes no other warranty, representation or undertaking whatsoever in respect of the Services or the Website.
5.3	You acknowledge that you purchase the Services and access the Website for use in your business and that accordingly, the Consumer Guarantees Act 1993 does not apply.
6.	Limitation of Liability
6.1	Optimal is not liable to you for any loss or damage caused or arising directly or indirectly in connection with the Services or the Website.
6.2	While Optimal shall endeavour to provide a robust hardware and software network environment to enable provision of the Services to you via the Website, Optimal does not represent or warrant that either the Services or the Website will always be available, accessible, uninterrupted, timely, secure, accurate, complete and error-free, or will operate without packet loss.
6.3	Notwithstanding the generality of clause 6.1, Optimal excludes all liability for any consequential loss or damage which may arise in respect of the Services or the Website or their use, or in respect of any other loss of profit, business, revenue, goodwill or anticipated savings.
6.4	The exclusions of liability referred to in clauses 6.1 and 6.3 apply to liability and contract or in tort (negligence) and any other principles and legal liabilities.
7.	Force Majeure
7.1	Optimal will make all reasonable efforts to maintain the Website, but shall not be liable to you or any other party claiming through you in respect of anything which, apart from this provision, may constitute a breach of this agreement arising by reason of force majeure, including circumstances beyond the control of Optimal which prevent or limit Optimal’s ability to perform its obligations under this agreement.
8.	Confidentiality
8.1	Both parties, including their respective employees, agents and subcontractors, shall keep confidential the terms of the terms and conditions of this agreement and all data and other information which shall come into their possession pursuant to the performance of this agreement.
9.	Intellectual Property
9.1	Optimal (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the Website (including text, graphics, logos, icons and sound recordings) and other material underlying and forming part of the Services and the Website.  You may not without our prior written permission, in any form or by any means:
(a)	adapt, reproduce, copy, store, distribute, perform, publish or create derivative works from any part of the Website; or
(b)	commercialise, copy, or sell any information obtained from any part of the Website.
10.	Security
10.1	Optimal shall provide a secure environment to protect the integrity and security of the Website and of your information. 
10.2	You will not undertake, cause, permit or authorise the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Website or any part thereof.  You will be responsible for the actions of your employees, agents and subcontractors in breach of this provision.
10.3	Optimal acknowledges that when it provides the Services to you, they are provided with the intention that your employees and clients will access the Website and utilise the Services.  You agree that you will be liable for the actions of those persons to which you allow access to the Services and the Website.  You agree to make your users aware of the terms of use of the Website, including this clause 9.
11.	Privacy
11.1	Optimal collects personal information through the use of the Services and the Website, including registration details.  Optimal will ensure that all personal information it collects is kept safe and secure and not used for any other purposes other than as agreed between you and Optimal.
11.2	You agree that Optimal may use personal information that Optimal collects to assist us to provide further Services to you and for statistical research purposes only.
11.3	Optimal will comply with its obligations under the Privacy Act 1993, and, further, Optimal will ensure that any personal information (other than that required for statistical research purposes) is, upon your request, removed from Optimal’s server following termination of this agreement.
12.	Goods and Services Tax
12.1	The parties agree that unless expressly stated otherwise, where dollar amounts are stated in this agreement or in any price list, those amounts are exclusive of any applicable GST.  If the whole or any part of any payment is the consideration for a taxable supply in New Zealand, you must pay to Optimal an additional amount equal to the payment multiplied by the appropriate rate of GST (currently 12.5%).
13.	Indemnity
13.1	You agree to indemnify Optimal, its officers, directors, shareholders, employees, agents and subcontractors from and against any and all damage, loss, cost, liability, tax and expense whatsoever (including all solicitor’s fees on a solicitor/client basis, all actual court costs and associated fees and expenses and all disbursements) incurred by them relating to a breach by you of any term of this agreement.
14.	Notices
14.1	All notices under this agreement must be in writing and must be served by either party on the other party personally, by posting it by pre paid post, to the address of the other party set out in this agreement, or by facsimile to the facsimile number of the other party set out in this agreement, or to any other address or number notified to the sender by the recipient.
15.	Miscellaneous
15.1	You may not assign your rights, interests or obligations under this agreement to any person without first obtaining the written consent of Optimal.
15.2	The failure by any party to enforce any provisions of this agreement at any time shall not operate as a waiver of that provision in respect of the particular act or omission or any other act or omission.
15.3	This agreement shall be governed by the laws of New Zealand, and each party irrevocably submits to the non exclusive jurisdiction of the New Zealand courts.
15.4	This agreement constitutes the entire agreement between the parties.
16.	Definitions
16.1	In these Terms and Conditions:
“Optimal” means Optimal Usability Limited (1273743) and includes its successors and assigns.
“Services” means the Optimal Sort website development tool and support.
“Website” means the Optimal website at www.opitmalusability.com.
“You” and “your” refers to you as the purchaser of the Services.

I agree with the above terms and conditions of use and our privacy statement

What happens next?
We send you an email with your registration details and direct you to your login page where you can being using OptimalSort.

Why is it free?

Firstly because we're in the latter stages of a beta test program. When you sign up you acknowledge that the tool is still currently in beta.

Secondly, our company has received a lot from the usability and information architecture communities. People have contributed freely, shared ideas and given advice.

We plan to keep OptimalSort free till mid to late August 2007.

All we ask in return is that you be vocal about feedback and tell others about the tool..