Terms of Trade & IT Services Agreement TechFix Limited
(NZBN: 9429053801494)

 

Effective Date: 8th July 2026

 

1. Structure of This Agreement

1.1 Application These Terms of Trade apply to all goods and services supplied by TechFix Limited (“we”, “us”, “our”) to you (“you”, “your”), including but not limited to Cloud Storage, Online Backup, Computer Repairs, Data Recovery, General IT Consulting, and Managed/Remote IT Support.

1.2 Acceptance By requesting, ordering, or paying for our services or hardware, you agree to be bound by these Terms.

2. Customer Classification & Consumer Rights

2.1 Consumer Supply If you are acquiring our services or goods as a consumer for personal, domestic, or household use, nothing in these Terms limits or excludes any rights or remedies you may have under the Consumer Guarantees Act 1993 (CGA) or the Fair Trading Act 1986 (FTA).

2.2 Business / Commercial Supply (Contracting Out) Where you are acquiring our services or goods for the purposes of a business, trade, or commercial operation (including not-for-profit organisations using the services for operational or administrative purposes):

  • Pursuant to section 43 of the CGA and section 5D of the FTA, you agree that:
    • The provisions of the CGA do not apply.
    • Sections 9, 12A, and 13 of the FTA do not apply.
  • You acknowledge that it is fair and reasonable for both parties to be bound by this exclusion.

2.3 Interpretation You warrant that you are acquiring the services in trade and for business purposes unless you expressly notify us otherwise in writing prior to supply.

3. Specific Service Provisions

A. Cloud Storage & Online Backup Services

3.1 Service Limits We provide cloud storage and backup up to the capacity limits specified in your chosen plan.

3.2 Connectivity Automated backups and synchronisation depend on your active, stable internet connection. We are not responsible for failures caused by interruptions to your internet service.

3.3 Data Synchronisation Risks Cloud storage and backups mirror changes on your devices in near real-time. Accidental deletions, modifications, or ransomware infections on your local systems may synchronise to the cloud. It is your responsibility to verify backup integrity regularly.

3.4 3-2-1 Rule We strongly recommend you maintain your own local and offline copies of critical data in accordance with the 3-2-1 backup rule. We are not liable for data loss resulting from issues with your local environment or account-level problems.

B. Physical Computer Repairs & Diagnostics

3.5 Abandoned Goods If you do not collect your device within sixty (60) days after we notify you that repairs are complete, we may deal with the goods in accordance with the Contract and Commercial Law Act 2017 (including selling or disposing of them) to recover our reasonable repair and storage costs.

3.6 Risk in Transit For any courier or remote drop-off repairs, risk of loss or damage during transit to and from our premises remains with you.

C. Data Recovery

3.7 No Guarantee Data recovery is inherently uncertain. We will use reasonable commercial efforts but provide no guarantee of successful recovery of any data.

3.8 Media Damage We are not liable for any further damage or failure of storage media that occurs during diagnostic testing or recovery attempts.

D. Managed & Remote IT Support

3.9 Remote Access You grant us and our technicians permission to install remote monitoring and management tools and to access your devices remotely for the purpose of providing support, maintenance, patching, and repair.

3.10 Scope Monthly managed support covers standard helpdesk, proactive monitoring, and patch management. Major projects (e.g., infrastructure upgrades, office relocations, new system deployments) are quoted and billed separately.

4. Privacy, Data Security & Māori Data Sovereignty

4.1 Privacy We act as your agent under Information Privacy Principle 12 of the Privacy Act 2020 when storing or processing your data. We do not access or use your data for our own purposes except as necessary to provide the services.

4.2 Data Residency Our backup and cloud infrastructure is located in New Zealand. If you have specific Māori Data Sovereignty requirements or other compliance obligations, you must notify us in writing before services commence. We will advise whether we can accommodate those requirements.

4.3 Security All data is encrypted in transit and at rest. However, no system is completely immune to cyber threats.

5. Limitation of Liability

5.1 Your Backup Responsibility You remain solely responsible for ensuring your data is adequately backed up and protected. We are not liable for any data loss, corruption, or ransomware impact.

5.2 Liability Cap (Business Clients) To the maximum extent permitted by law, our total aggregate liability to you for any claim or series of claims arising from our services or goods is limited to the total fees (excluding GST) paid by you to us in the three (3) months immediately preceding the event giving rise to the liability.

5.3 Excluded Losses We will not be liable for any indirect, consequential, or economic loss, including loss of profits, revenue, goodwill, data, or business interruption, even if advised of the possibility.

5.4 Non-Excludable Liability Nothing in these Terms excludes liability that cannot be lawfully excluded.

6. Fees, Payment & Default

6.1 Invoicing We will invoice you in accordance with the agreed quote, plan, or Statement of Work. Payment terms will be stated on the invoice and may be:

  • Immediate (upon completion or before release of hardware);
  • 7 or 14 days from invoice date; or
  • Due on the 20th of the following month for monthly accounts.

6.2 Default Interest If payment is not made by the due date, we may charge interest at 1.5% per month (compounding monthly) on the overdue amount. This rate is a genuine pre-estimate of our administrative and financial costs.

6.3 Recovery Costs You indemnify us for all costs incurred in recovering overdue amounts, including debt collection fees and legal costs on a solicitor-and-client basis.

6.4 Suspension We may immediately suspend all services (including remote support, cloud access, and backups) if any invoice remains unpaid. We are not liable for any loss, including data loss or business interruption, arising from such suspension.

7. Additional Terms

7.1 Force Majeure We are not liable for any failure or delay caused by events beyond our reasonable control (including cyber-attacks, internet outages, supplier failures, or natural disasters).

7.2 Termination Either party may terminate this agreement for material breach (including non-payment) with 10 days’ written notice. We may also terminate immediately if you become insolvent.

7.3 Governing Law This agreement is governed by the laws of New Zealand. Any disputes will be subject to the jurisdiction of the New Zealand courts or Disputes Tribunal as applicable.

7.4 Entire Agreement These Terms (together with any accepted quote or Statement of Work) constitute the entire agreement and supersede all prior representations. Any variation must be in writing and signed by us.

7.5 Severability If any part of these Terms is held to be invalid, the remainder remains enforceable.