Terms of Service

Last updated: 10 February 2025

These terms of service govern your use of the Ferntec website and any services we provide. By using our website or engaging our services, you agree to these terms.

These terms are subject to New Zealand law, including the Consumer Guarantees Act 1993, the Fair Trading Act 1986, and the Contract and Commercial Law Act 2017.

Agreement to terms

By accessing our website at ferntec.co, contacting us for services, or entering into a service agreement with us, you agree to be bound by these terms.

If you do not agree with these terms, please do not use our website or services.

Our services

Ferntec provides information technology services to businesses, including but not limited to:

  • Website design, development, and hosting
  • Email hosting and configuration
  • IT infrastructure and security services
  • Custom software development and automation
  • Technical support and maintenance
  • Digital marketing and analytics
  • Business process automation

Specific services are provided as described on this website or as agreed in separate quotes or service agreements. All services are subject to our capacity and technical feasibility.

Quotes and pricing

Quotes provided are valid for 30 days from the date of issue unless otherwise stated. After this period, we reserve the right to revise pricing.

All prices are in New Zealand Dollars (NZD) and exclude GST unless explicitly stated as GST-inclusive.

Custom quotes are based on the scope and requirements described at the time of quoting. If the scope changes or additional requirements emerge during the project, pricing may be adjusted. We will communicate any scope changes and price adjustments before proceeding with additional work.

Pricing displayed on this website for standard packages is indicative and may be subject to confirmation based on your specific requirements.

Payment terms

  • Monthly services: Billed monthly in advance. Payment is due within 14 days of invoice date.
  • Project work: Billed according to agreed milestones or payment schedule. Typically an initial deposit is required before work commences.
  • Setup fees: One-time setup fees are invoiced upon commencement and are due before service activation.

We accept payment by bank transfer or other methods as agreed. Payment details are provided on invoices.

Late payments may incur reasonable costs, including interest and debt collection fees. We reserve the right to suspend services if payment is overdue by more than 14 days, subject to giving you reasonable notice and opportunity to remedy the situation.

If you have difficulty meeting payment obligations, please contact us as soon as possible to discuss options.

Your obligations

As a client, you agree to:

  • Provide accurate and complete information about your requirements and business
  • Provide timely feedback and approvals as needed for project work
  • Grant access to systems, accounts, or information necessary for us to deliver services
  • Maintain your own backups of critical data where applicable (we provide backup services but recommend redundancy)
  • Use our services lawfully and not for any illegal or harmful purposes
  • Not use our services to send spam, host malicious content, or violate others' rights
  • Notify us promptly of any issues or changes that may affect service delivery

Failure to meet these obligations may affect our ability to deliver services and could result in delays, additional costs, or termination of services.

Our obligations

We commit to:

  • Deliver services with reasonable care and skill, as required under the Consumer Guarantees Act 1993
  • Provide services that are fit for purpose and of acceptable quality
  • Communicate clearly and honestly about project progress, timelines, and any issues
  • Maintain reasonable security and reliability of hosted services
  • Respond to support requests within a reasonable timeframe
  • Act professionally and in good faith in our dealings with you

Nothing in these terms limits your rights under the Consumer Guarantees Act 1993 where you acquire services for personal, domestic, or household use.

Intellectual property

For work we create specifically for you (such as custom websites, code, or content), intellectual property ownership transfers to you upon full payment, unless otherwise agreed in writing.

We retain the right to:

  • Use general techniques, methodologies, and knowledge gained from our work
  • Reuse generic code components and libraries in other projects
  • Display the work in our portfolio (with your permission)

Open source software components remain under their respective licences. We will clearly identify any third-party components and their licensing terms.

You grant us a licence to use any content, materials, or intellectual property you provide for the purpose of delivering our services.

You warrant that any content or materials you provide do not infringe third-party intellectual property rights.

Hosting and uptime

For hosting services, we aim to provide high availability and reliability. However, we do not guarantee 100% uptime.

Scheduled maintenance will be communicated in advance where possible and typically conducted during off-peak hours to minimise disruption.

We maintain regular backups of hosted services, but we recommend you maintain your own backups of critical data as an additional safeguard.

We are not liable for downtime or data loss caused by:

  • Factors beyond our reasonable control (internet outages, power failures, natural disasters)
  • Scheduled maintenance
  • Actions required to prevent security breaches or protect service integrity
  • Your failure to maintain backups or follow recommended practices

Limitation of liability

To the maximum extent permitted by New Zealand law:

  • Our total liability for any claim relating to our services is limited to the amount you have paid us for those services in the 12 months preceding the claim
  • We are not liable for indirect, consequential, or special damages, including loss of profits, loss of data, or business interruption
  • We are not liable for losses that could have been avoided by following our recommendations or maintaining appropriate backups

Nothing in these terms limits or excludes liability that cannot be limited or excluded under New Zealand law, including:

  • Liability under the Consumer Guarantees Act 1993 where services are acquired for personal, domestic, or household use
  • Liability under the Fair Trading Act 1986 for misleading or deceptive conduct
  • Liability for death or personal injury caused by negligence

If you acquire services for business purposes, the Consumer Guarantees Act 1993 does not apply.

Termination

For ongoing monthly services:

  • You may cancel with 30 days' written notice
  • We will provide a reasonable transition period to help you migrate to another provider
  • Services remain active until the end of the notice period (or current billing period, whichever is later)
  • No refunds for partial months unless required by law

We may terminate services if:

  • You breach these terms and fail to remedy the breach within 14 days of notice
  • Payment is overdue by more than 30 days
  • You use our services unlawfully or in a way that harms others

Upon termination, we will:

  • Provide you with your data and content in a usable format
  • Assist with transitioning services to another provider (time permitting and subject to reasonable charges)
  • Issue a final invoice for any outstanding services or work completed

Data will be retained for up to 30 days after termination to allow for retrieval, after which it may be deleted.

Disputes and governing law

If a dispute arises, we agree to first attempt to resolve it through good faith negotiation.

If negotiation does not resolve the dispute, we agree to consider mediation before pursuing legal action. Mediation will be conducted under the Arbitration Act 1996 or through a mutually agreed mediator.

These terms are governed by the laws of New Zealand. The courts of New Zealand have exclusive jurisdiction over any disputes arising from these terms or our services.

Consumer rights

Under the Consumer Guarantees Act 1993, if you acquire services for personal, domestic, or household purposes, you have guaranteed rights including:

  • Services must be provided with reasonable care and skill
  • Services must be fit for any particular purpose you make known to us
  • Services must be completed within a reasonable time (if no time specified)

If we fail to meet these guarantees, you may be entitled to remedies including having the problem fixed, a reduction in price, or cancellation of the contract.

For more information about your consumer rights, visit Consumer Protection or contact the Disputes Tribunal.

Changes to these terms

We may update these terms from time to time to reflect changes in our practices, services, or legal requirements.

When we make significant changes, we will:

  • Update the "Last updated" date at the top of this page
  • Notify existing clients via email at least 14 days before changes take effect
  • Provide a reasonable opportunity for you to review the changes

Continued use of our services after notification constitutes acceptance of the updated terms. If you do not agree to the changes, you may terminate services in accordance with the termination provisions above.

Severability and entire agreement

If any provision of these terms is found to be unenforceable or invalid under New Zealand law, that provision will be modified to the minimum extent necessary to make it enforceable, or if that is not possible, it will be severed from these terms. The remaining provisions will continue in full force.

These terms, together with any separate service agreement or quote, constitute the entire agreement between you and Ferntec regarding our services. They supersede any prior discussions or agreements.

Contact us

If you have any questions about these terms, please contact us:

Email: hello@ferntec.co

Website: ferntec.co

Location: Christchurch, New Zealand