Terms of Service

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and YourTEK Professionals NZ Limited ("Company," "we," "our," or "us") governing your access to and use of our website, products, and services.

By accessing or using our services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access or use our services.

Description of Services

YourTEK Professionals NZ provides the following IT services:

• Managed IT Services and Helpdesk Support
• Microsoft 365 Administration and Support
• Cybersecurity Solutions and Monitoring
• Cloud Services and Infrastructure Management
• VoIP Phone Systems
• Security Camera Systems
• Access Control Systems
• Structured Cabling and Network Infrastructure
• Custom Software Development

Specific services, pricing, and terms are detailed in individual service agreements provided upon engagement.

Service Agreements

When you engage our services, you will receive a separate Service Level Agreement (SLA) or Statement of Work (SOW) that outlines:

• Specific services to be provided
• Service levels and response times
• Pricing and payment terms
• Term length and renewal conditions
• Termination procedures

In the event of any conflict between these Terms and a specific Service Agreement, the Service Agreement shall prevail for those specific services.

User Responsibilities

As a user of our services, you agree to:

• Provide accurate and complete information when requested
• Maintain the confidentiality of any account credentials
• Notify us immediately of any unauthorised access
• Use our services only for lawful purposes
• Not interfere with or disrupt our services or systems
• Comply with all applicable laws and regulations
• Provide reasonable access to systems and facilities as needed
• Maintain adequate backups of your data (unless included in your service agreement)

Failure to comply with these responsibilities may result in suspension or termination of services.

Acceptable Use Policy

You agree not to use our services to:

• Violate any applicable laws or regulations
• Infringe upon intellectual property rights of others
• Transmit malware, viruses, or other harmful code
• Send spam or unsolicited commercial communications
• Engage in illegal, fraudulent, or deceptive activities
• Attempt to gain unauthorised access to systems or data
• Interfere with other users' access to services
• Store or transmit illegal content

Payment Terms

• Invoicing: Services are invoiced monthly unless otherwise specified in your Service Agreement
• Payment Due: Payment is due on the 20th of the month following invoice unless otherwise agreed
• Late Payments: Late payments may incur interest at 2% per month or the maximum rate permitted by law
• Suspension: We reserve the right to suspend services for accounts more than 30 days past due
• Disputes: Payment disputes must be raised within 14 days of invoice date
• GST: All prices are exclusive of GST unless otherwise stated. GST will be added to invoices where applicable.

All prices are in New Zealand Dollars (NZD) unless otherwise specified.

Intellectual Property

Our Property: All content, trademarks, logos, and intellectual property on our website and in our materials remain our exclusive property or that of our licensors.

Your Data: You retain all rights to your data and content. By using our services, you grant us a limited licence to access and use your data solely to provide the services.

Custom Development: For custom software development projects, intellectual property ownership will be specified in the project agreement. Unless otherwise agreed, custom code developed for you becomes your property upon full payment.

Confidentiality

We understand that we may have access to your confidential business information in the course of providing services. We agree to:

• Treat your confidential information with the same care as our own
• Use confidential information only to provide the agreed services
• Not disclose confidential information to third parties without consent
• Implement appropriate security measures to protect your data

Confidentiality obligations survive termination of services for a period of 3 years.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW AND SUBJECT TO YOUR RIGHTS UNDER THE CONSUMER GUARANTEES ACT 1993:

• Our liability for any claim arising from these Terms or our services shall not exceed the total fees paid by you in the 12 months preceding the claim
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages
• We shall not be liable for lost profits, data loss, or business interruption
• We are not liable for failures caused by factors outside our reasonable control

If you are a consumer under the Consumer Guarantees Act 1993, these limitations do not apply to your statutory rights.

Disclaimer of Warranties

SUBJECT TO YOUR RIGHTS UNDER THE CONSUMER GUARANTEES ACT 1993, SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Uninterrupted or error-free operation

We do not warrant that our services will meet all your requirements or that any errors will be corrected.

Indemnification

You agree to indemnify, defend, and hold harmless YourTEK Professionals NZ and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from your use of our services, violation of these Terms, or infringement of any third-party rights.

Termination

By You: You may terminate services according to the terms in your Service Agreement, typically with 30 days written notice.

By Us: We may terminate or suspend services immediately if you breach these Terms or your Service Agreement.

Effect of Termination: Upon termination, you must pay all outstanding fees. We will provide reasonable assistance in transitioning services, and you must return any company property or materials.

Force Majeure

Neither party shall be liable for any failure or delay in performance due to circumstances beyond reasonable control, including natural disasters, acts of war, terrorism, pandemics, government actions, power outages, internet service provider failures, or other force majeure events.

Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of New Zealand.

Any disputes arising from these Terms or our services shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, the parties agree to submit to mediation. If mediation is unsuccessful, disputes shall be resolved by the courts of New Zealand, and you agree to submit to the non-exclusive jurisdiction of the courts of New Zealand.

Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of our services after changes constitutes acceptance of the modified Terms.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.