TERMS AND CONDITIONS

Legal entity: Te Manga Tuia Ltd trading as Pupster Tech (“Pupster Tech”, “we”, “us”, “our”)
Last Updated: 15 January 2026

1) Purpose of these Terms

1.1 These Terms exist to make sure everyone understands:

• what we do and do not provide,

• how work is approved,

• how pricing and payment work,

• how devices and data are handled,

• what you can expect from us,

• and what we require from you.

1.2 These Terms apply to:

• any work we do for you (whether one-off or ongoing),

• any device you drop off or send to us,

• any quote, invoice, ticket, project, repair, or subscription,

• our website, forms, messages, and phone calls.

1.3 If there is any conflict between:

• these Terms, and

• a signed Statement of Work / contract / quote acceptance,

• then the signed document wins only for that specific job, and these Terms still apply to everything else.
  

2) Business-to-business only

2.1 Pupster Tech is business-to-business only. We provide services to businesses and organisations, including:

• limited liability companies,

• incorporated societies,

• charities and trusts,

• schools and community organisations,

• sole traders (including people trading under a personal name),

• contractors acting for a business.

2.2 We do not supply services as a consumer service. This means:

• if you are engaging us for personal, household, or domestic use, you must tell us in writing before any work starts, and we may refuse the job.

• if you do not tell us, you engage us through any business, organisation, or income-generating purpose, we will treat the engagement as business-to-business.

2.3 If you represent an organisation, you are responsible for authority. If you request work for a company, charity, trust, club, or any organisation, you confirm:

• you have authority to request that work,

• you have authority to accept these Terms,

• you have authority to approve quotes and charges.

2.4 Where you are not a registered company, you are treated as a sole trader.
If you are operating “as a business” but you do not have a registered company (or you choose not to contract through it), or for any reason, the company, charity or other organisation does not recognise your authority at time of payment, then you are engaging as a sole trader for payment and responsibility purposes. That means:

• you are personally responsible for payment,

• you are personally responsible for information you provide,

• you are personally responsible for approvals you give us.

2.5 If you say you are acting for a business, you are acting in trade.
If you tell us the device, work, account, or service is connected to business activity, content creation for income, contracting, or organisational use, then you are engaging us in trade.

3) What we do (and what we do not do)

3.1 What we provide. We provide technology services including (but not limited to):

• device repair and diagnostics,

• hardware supply and installation,

• software troubleshooting and configuration,

• network and Wi-Fi setup,

• cybersecurity improvements and incident response support,

• cloud setup and account administration,

• backups and data transfer,

• software development and automation,

• managed IT support and maintenance.

3.2 We are not your insurer. We do not:

• guarantee a device will be recoverable,

• guarantee data can be recovered,

• guarantee an issue is economically viable to fix,

• guarantee third-party platforms will cooperate (Apple, Google, Microsoft, Meta, banks, telcos, etc.).

3.3 We are not your legal advisor. Any guidance we provide about “what the law says” is general and practical, not legal advice. If you need legal advice, you should get it from a qualified NZ lawyer.

4) How work is requested and approved

4.1 Work must be authorised. We only start work when we have at least one of the following:

• written approval (email, message, portal approval),

• a signed form,

• a recorded verbal approval (where lawful),

• acceptance of a quote or invoice,

• drop-off of a device with clear instructions to proceed.

4.2 If you give us a device, you authorise reasonable diagnostics.
By handing us a device, you authorise us to perform reasonable inspection and diagnostics required to understand the issue, even if you later decline repair.

4.3 Estimates are not fixed prices unless stated.
Unless we explicitly state a quote is fixed-price in writing:

• time estimates are guides only,

• hidden damage may change the outcome,

• extra faults can exist that only appear after a repair begins.

4.4 Urgent work. If you request urgent work, you accept:

• there may be prioritisation fees,

• we may require upfront payment,

• timelines may depend on parts availability.

5) Pricing, billing, and payment rules

5.1 Hourly rate and charging model. Our standard labour rate is the rate stated on our website/quote/invoice. If there is any conflict, the rate on your quote or invoice applies for that job.

5.2 Minimum charges. We may apply minimum charges for:

• Diagnostics,

• Call-outs,

• urgent work,

• admin-heavy requests (account recovery, vendor disputes, reporting).

5.3 Parts and consumables. Parts are charged as stated on your quote/invoice. Availability and pricing can change quickly. We are not responsible for supplier changes.

5.4 Payment due date (non-negotiable unless agreed in writing).
All invoices must be paid within 7 days of invoice date unless we agree otherwise in writing.

5.5 No withholding payment because you are unhappy.
You must still pay invoices within 7 days. If you believe there is an issue:

• you must raise it quickly,

• we will investigate,

• adjustments (if any) are handled through our refund/credit process.

5.6 Late payment consequences. If an invoice is not paid within 7 days:

• we may pause all work and support immediately,

• we may withhold return of devices where lawfully permitted until amounts owing are paid,

• we may charge reasonable admin fees, debt recovery fees, and collection costs,

• we may engage a third-party debt collector and share necessary information for recovery.

5.7 If you pay by instalment, you must keep to the plan.
Payment plans are a privilege, not a right. Missing a payment makes the full balance immediately due.

6) Refunds, credits, and processing times

6.1 Refunds are not automatic. In a B2B environment, refunds only apply where:

• we have made an error, or

• we have agreed in writing to a refund, or

• the law requires it.

6.2 Investigation first. We will investigate before approving a refund. You must cooperate by providing:

• the device (where relevant),

• clear description of the issue,

• proof of payment,

• any relevant logs/screenshots.

6.3 Refund processing timeframe.
If a refund is approved, you agree that our refund process can take up to three (3) weeks from the date we confirm approval. This timeframe exists because refunds may require:

• reconciliation of labour and parts,

• supplier return processes,

• payment processor settlement timing,

• internal review and documentation.

6.4 Refund method (credit only)

6.4.1 Credits only.
All approved refunds are issued as a credit only, not as a cash, card, or bank refund.

6.4.2 Application of credit.
Credits:

• are applied to your account with Pupster Tech;

• may be used toward future services, labour, parts, subscriptions, or project work; and

• have no cash value unless required by law.

6.4.3 No obligation to refund to original payment method.
You agree that Pupster Tech is not required to return funds to:

• the original payment method; or

• any bank account, card, or third-party payment provider.
  

6.4.4 Expiry.
Unless otherwise stated in writing, credits must be used within 12 months of issue, after which they expire without further obligation.

6.4.5 Legal exception only.
This clause applies except where a refund in another form is expressly required by law and cannot be contracted out of.

6.5 Fees that are normally not refundable. Unless the law requires otherwise, the following are not refundable:

• diagnostics already performed,

• time already spent,

• call-out/travel time already incurred,

• parts already installed or ordered specifically for you,

• third-party fees (shipping, licensing, activation charges).

6.6 Chargebacks and payment disputes. If you initiate a chargeback while we are actively working through a dispute:

• we may immediately stop all work,

• the full outstanding balance becomes due,

• you must reimburse any chargeback fees and our reasonable admin time.

7) Device repairs, hidden faults, and limits

7.1 Pre-existing damage. Devices often arrive with:

• liquid damage,

• prior repair attempts,

• internal fractures,

• board-level faults.

We are not responsible for faults that existed before we touched the device.

7.2 Repair risk. You accept that repair work may involve risk, including:

• brittle components,

• screws stripped by prior work,

• adhesive damage,

• parts that fail due to underlying faults.

7.3 Parts and compatibility. We may use:

• OEM parts,

• high-quality aftermarket parts,

• refurbished parts, `depending on availability and what you approve.

7.4 Testing limits. Our testing is reasonable, not infinite. Some faults only occur under certain conditions (heat, load, time, vibration, software updates).

8) Data, backups, and loss

8.1 You are responsible for your data.
Before any repair, reset, upgrade, or troubleshooting, you must ensure you have a backup. If you do not back up, you accept the risk of data loss.

8.2 Data loss can happen even with careful work.
Devices can fail during repair. Storage can corrupt. Accounts can lock. Updates can break things. We are not liable for data loss unless the law requires otherwise.

8.3 Passwords and access. If you want us to test properly, you may need to provide passwords. If you do:

• you confirm you are authorised to provide them,

• we use them only to perform the agreed work,

• you should change them afterwards.

8.4 Illegal content. If we become aware of illegal material while performing work, we may stop work and act as required by law.

9) Communications, recordings, and evidence

9.1 We keep records. For accuracy and protection, we keep records such as:

• job notes,

• Messages,

• Emails,

• call logs,

• photos of device condition,

• before/after tests,

• time tracking entries.

9.2 Calls may be recorded. Where lawful, we may record calls for training, quality, and dispute resolution.

9.3 Your communications must be lawful. You must not harass, threaten, defame, or abuse our staff or contractors. If this occurs, we may refuse service immediately.

10) Online conduct and reputational harm

10.1 Good faith dealings. You agree to act in good faith and deal fairly.

10.2 No misleading or malicious statements. If you publish claims about Pupster Tech, you agree that:

• statements must be truthful and not misleading,

• you must not publish private communications selectively to create a false impression,

• you must not encourage harassment of our staff.

10.3 We will protect our business. Where necessary, we may:

• respond publicly with factual correction,

• provide evidence to relevant authorities,

• take legal action if you cause unlawful harm.

11) Privacy and information sharing

11.1 Privacy Act compliance. We handle personal information in line with NZ privacy principles.

11.2 Why we collect info. We collect information to:

• identify the correct client,

• contact you,

• perform work,

• invoice and recover payment,

• manage warranty and disputes,

• prevent fraud and protect staff safety.

11.3 Who we may share with. We may share necessary information with:

• couriers and logistics providers,

• suppliers and distributors (for parts/warranty),

• payment processors,

• accountants and auditors,

• debt collection services,

• insurers (where relevant),

• professional advisors (lawyers),

• authorities where required by law.

11.4 Limits. We do not sell personal information as a product. We disclose only what is reasonably necessary for the purpose.

11.5 Use of work examples, devices, documents, and business information

11.5.1 General consent to use work examples

By engaging Pupster Tech, you agree that we may use examples of our work for advertising, marketing, training, portfolio, and business development purposes, in a lawful manner.

11.5.2 What this may include

This may include, without limitation:

• photographs or videos of devices, components, parts, or workstations;

• screenshots or images of systems, dashboards, logs, error messages, configurations, or results;

• descriptions of the type of work performed or problems solved;

• before-and-after examples of repairs, improvements, or outcomes;

• references to the industry, organisation type, or general business context of the work.

11.5.3 Protection of sensitive information

We will not intentionally publish or disclose:

• sensitive personal data;

• confidential or proprietary business information that is not reasonably necessary;

• passwords, access credentials, encryption keys, or private keys;

• identifiable customer records or private communications;

• proprietary content belonging to you or a third party,

except where:

• you have expressly consented in writing; or

• disclosure is required or permitted by law.

11.5.4 Anonymisation and fair context

Where advertising or promotional material includes real-world examples, we will take reasonable steps to:

• remove or obscure unnecessary identifying details;

• avoid naming you or your organisation if you have stated in writing;

• present the material in a factual, accurate, and non-misleading manner.

11.5.5 No endorsement implied

You acknowledge and agree that:

• the appearance of a device, document, system, or example does not imply endorsement of Pupster Tech by you; and

• such use is solely to demonstrate our technical capability, experience, or services, not to represent your business operations, views, or outcomes.

11.5.6 Business information may be used and disclosed

In addition to work examples, you acknowledge and agree that we retain the right to use and share your business information, to the fullest extent permitted by law, where reasonably necessary for our business operations.

Business information includes, without limitation:

• business name, trading name or sole trader’s name;

• business phone numbers;

• business email addresses;

• business, service, or delivery addresses;

• publicly listed company, trust, charity, or organisational details;

• information you provide to us while acting in trade.

11.5.7 Purposes for sharing business information

We may use or disclose business information for purposes including:

• invoicing, billing, and payment collection;

• debt recovery and enforcement of our rights;

• supplier, courier, warranty, or insurance processes;

• verifying authority, instructions, or representations;

• responding to disputes, complaints, allegations, or public statements;

• protecting our legal, financial, and reputational interests;

• advertising and marketing in accordance with this clause;

• compliance with legal, regulatory, or professional obligations.

11.5.8 Third parties

Business information may be shared with third parties such as:

• payment processors and banks;

• debt collection agencies;

• couriers and logistics providers;

• suppliers, distributors, and warranty partners;

• Insurers;

• professional advisers (including accountants and lawyers);

• online platforms where reasonably required for business purposes;

• regulators or authorities where required or permitted by law.

11.5.9 No expectation of confidentiality for business contact details

You acknowledge that business contact details provided while acting in trade are not private in the same way as personal information, and you do not expect such information to be treated as confidential where disclosure is lawful and reasonably necessary.

11.5.10 Right to object to future advertising use

If you do not want your devices, documents, or work examples used in future advertising or promotional material, you must notify us in writing.

This does not require us to remove or retract material that was lawfully published before that notice.

11.5.11 No payment or royalty

You agree that no fee, royalty, compensation, or consideration is payable for any lawful use or disclosure under this clause.

12) Collection, storage, and uncollected devices

12.1 Collection timeframe. You must collect devices within 7 days after we notify you the job is complete or the device is ready for pickup.

12.2 Storage. After the 7-day period, we may charge a reasonable storage fee.

12.3 Uncollected device action. If the device is not collected within a reasonable further period, we may treat it as abandoned and may:

• dispose of it, or

• sell it to recover costs(for carried out work or storage fee),
  to the fullest extent permitted by law.

13) Direct Debit and Card Authority (if applicable)

13.1 Authority forms part of these Terms

If you complete, sign, approve, or otherwise accept a Direct Debit Authority or Credit / Debit Card Authority in favour of Pupster Tech, that authority forms part of these Terms and is legally binding.

13.2 What you authorise us to do

By providing a Direct Debit or Card Authority, you authorise Pupster Tech to:

• debit amounts lawfully owing under these Terms;

• debit invoices when due (including recurring charges, milestones, or arrears);

• debit any additional fees permitted under these Terms (including late payment fees, recovery costs, or dishonour fees).

13.3 Timing of debits

Debits may be processed:

• on or after the invoice due date; or

• n accordance with any agreed billing cycle; or

• immediately where an invoice is overdue or in default.

Advance notice will be provided where required by banking rules or law.

13.4 Continuity of authority

Your Direct Debit or Card Authority:

• remains in force until terminated in accordance with clause 13.5;

• continues to apply despite changes to services, pricing, or invoice amounts;

• remains effective notwithstanding death, insolvency, or internal changes to your organisation, until we receive valid notice of termination.

13.5 How to terminate an authority

You may terminate a Direct Debit or Card Authority for future payments only by:

• giving written notice to us; and

• following any required termination process with your bank or card provider.

Termination does not affect:

• amounts already debited; or

• amounts already invoiced or lawfully owing; or

• our right to recover outstanding balances by other means.

13.6 Failed or dishonoured payments

If a debit is declined, reversed, or dishonoured:

• the amount remains immediately payable;

• we may reattempt the debit;

• dishonour or processing fees may be charged; and

• the account may be treated as overdue and in default.

13.7 Disputes do not suspend authority

You agree that:

• disputing an invoice does not automatically suspend a Direct Debit or Card Authority; and

• any dispute must be raised separately in accordance with the dispute process in these Terms.

Where required by law, you retain rights to request a reversal through your bank, but any reversed amount remains payable unless we agree otherwise.

13.8 Reversals and chargebacks

If a payment is reversed or charged back:

• we may immediately suspend services;

• the full outstanding balance becomes immediately due;

• you are responsible for any chargeback or reversal fees; and

• we may pursue recovery through alternative means.

13.9 Changes to payment details

You are responsible for ensuring that:

• card details remain valid;

• bank account details are current; and

• replacement cards or accounts are updated promptly.

We are not responsible for failures caused by outdated or incorrect details.

13.10 Privacy and disclosure

Information provided for Direct Debit or Card Authority purposes will be handled in accordance with applicable privacy laws and our Privacy Policy, and may be shared with:

• banks and payment processors;

• debt recovery providers;

• advisers or authorities where required by law.

13.11 Precedence

If there is any inconsistency between a Direct Debit or Card Authority form and these Terms:

• these Terms prevail,
  except where banking rules or law require otherwise.

14) Limitation of liability

14.1 To the fullest extent permitted by law, we are not liable for:

• indirect or consequential loss,

• loss of profits,

• loss of business,

• loss of data,

• Downtime,

• reputational harm claimed by you.

14.2 If we are liable despite this clause, our total liability is limited to the amount you paid us for the specific service that gave rise to the claim.

15) Contracting-out of the Consumer Guarantees Act 1993

15.1 Agreement to contract out

To the fullest extent permitted by law, the parties agree to contract out of the Consumer Guarantees Act 1993 (“CGA”) under section 43 of that Act.

15.2 Why this applies

This contracting-out applies because:

• you are acquiring our services in trade; and

• you are not acquiring the services for personal, household, or domestic use; and

• this agreement is made in writing and in plain language.

15.3 What this means in practice

This means the automatic consumer guarantees under the CGA (including guarantees relating to acceptable quality, fitness for purpose, and CGA remedies) do not apply to services or goods we supply to you, except where the law does not allow contracting-out.

15.4 What still applies

Contracting-out does not remove:

• any rights that cannot legally be excluded;

• any rights expressly stated in these Terms; or

• any warranties we specifically agree to in writing for a particular job.

16) Fair Trading Act 1986

16.1 No misleading conduct

Nothing in these Terms is intended to exclude or limit the Fair Trading Act 1986 where it cannot lawfully be excluded. We do not contract out of obligations relating to misleading or deceptive conduct.

16.2 Business context acknowledged

You acknowledge that:

• statements made in estimates, diagnostics, assessments, or opinions are professional judgments, not guarantees; and

• technology work commonly involves uncertainty, hidden faults, and third-party dependencies beyond our control.

17) Sole Trader and Representative Liability

17.1 Acting for an organisation

If you request work while representing a business, charity, trust, or other organisation, you confirm that:

• you are acting in trade; and

• you have authority to bind that organisation.

17.2 When no registered company is clearly contracting

If:

• the organisation you represent is not a registered company; or

• you do not clearly contract through a separate legal entity; or

• payment is made from a personal account;

then you are engaging as a sole trader for the purposes of payment and responsibility.

17.3 Personal responsibility

In those circumstances, you personally remain responsible for:

• approving work;

• the accuracy of information you provide;

• payment of invoices within the required timeframe;

• the consequences of instructions you give us.

18) Confirmation by Use of Services

18.1 Acceptance by conduct

By requesting work, approving a quote, dropping off a device, sending us equipment, paying an invoice, or continuing to engage us, you confirm that:

• you are acting in trade;

• the contracting-out clauses are fair and reasonable in the circumstances; and

• you have had the opportunity to seek independent advice before agreeing.
  

19) If Contracting-out Is Not Legally Effective

19.1 Partial invalidity

If a court or authority determines that contracting-out does not apply to a specific supply:

• these Terms continue to apply as far as legally possible; and

• our liability remains limited as set out elsewhere in these Terms.

20) Payment Obligation

20.1 Payment is mandatory

All services, labour, diagnostics, parts, call-outs, subscriptions, project milestones, and associated costs supplied by Pupster Tech must be paid for in full.

20.2 Seven (7) day payment term

Unless we expressly agree otherwise in writing, all invoices are due and payable within seven (7) calendar days of the invoice date.

20.3 No implied extensions

Silence, ongoing discussions, disputes, or dissatisfaction do not extend the payment deadline unless we confirm an extension in writing.

20.4 Responsibility for payment

The person or entity that:

• requested the work; or

• authorised the work; or

• dropped off or sent the device; or

• approved the quote or invoice

is responsible for payment.

Where no registered company is clearly identified, payment responsibility rests with the individual as a sole trader.

21) Payment Is Not Conditional

21.1 Not conditional on outcome

You must pay invoices within 7 days even if:

• a repair is not economically viable;

• a device cannot be fixed;

• data cannot be recovered;

• a third-party platform refuses access;

• you later decide not to proceed;

• the issue differs from initial expectations.

21.2 Not conditional on agreement

Payment must still be made while any issue is being reviewed, investigated, or discussed.

21.3 Not conditional on collection

Failure to collect a device does not delay or cancel the payment obligation.

22) Disputes Do Not Suspend Payment

22.1 Raise disputes promptly

If you believe there is an issue with an invoice, you must notify us in writing within seven (7) days of the invoice date.

22.2 No pause to payment clock

Raising a dispute does not suspend the 7-day payment requirement unless we confirm this in writing.

22.3 Review process

We will review disputes in good faith, but review time does not remove your obligation to pay on time.

22.4 Adjustments handled later

If an adjustment, credit, or refund is later agreed, it will be handled under the refund process below.

23) Accepted Payment Methods

23.1 We may accept payment by:

• bank transfer;

• credit or debit card;

• direct debit;

• other electronic payment methods we approve.

23.2 Payment is only considered made when cleared funds are received.

23.3 Lawful processing or dishonour fees may be added to the amount owing.

24) Late Payment and Default

24.1 Automatic default

If an invoice is not paid in full within 7 days, it is automatically overdue and in default.

24.2 Immediate actions

Without further notice, we may:

• suspend current and future work;

• withhold delivery or release of devices where lawful;

• disable systems or access we manage;

• cancel subscriptions or managed services;

• refuse further engagement.

24.3 Recovery costs

You are responsible for all reasonable costs arising from late or non-payment, including:

• administration time;

• reminder notices;

• bank dishonour fees;

• debt collection fees;

• legal costs on a solicitor-client basis where permitted.
  24.4 Debt recovery

We may refer unpaid invoices to a third-party debt collector. You authorise us to share necessary information for that purpose.

25) Payment Plans

25.1 Payment plans are discretionary and must be agreed in writing.

25.2 Missing any instalment causes:

• the full balance to become immediately due;

• all concessions to be cancelled;

• recovery action to begin.

26) No Automatic Right to a Refund

26.1 Refunds are not automatic

26.2 Refunds are only provided where:

• we have made a clear error; or

• we agree to a refund in writing; or

• the law requires it and cannot be contracted out of.

26.3 Time and labour already spent remain chargeable even if the outcome is unsuccessful.

27) Investigation First

27.1 Before approving any refund, we may require:

• return of the device or parts/consumables (if applicable);

• access to systems, logs, or accounts;

• a clear written explanation of the issue;

• reasonable cooperation during review.

27.2 Failure to cooperate may delay or prevent refund consideration.

28) Refund Approval and Timing

28.1 Approval confirms only that an adjustment is appropriate, not that money is credited immediately.

28.2 You expressly agree that refund processing may take up to three (3) weeks from the date we confirm approval.

28.3 This timeframe reflects reconciliation, supplier returns, settlement timing, and internal review.

29) How Refunds Are Issued

29.1 Refunds are normally issued as credit unless otherwise agreed.

29.2 We may offer a a cash refund, at our discretion.

29.3 Third-party fees are generally non-refundable unless recovered first.

30) Non-Refundable Items

Unless required by law, the following are not refundable:

• diagnostics already completed;

• labour already performed;

• call-out or travel time;

• parts installed or specially ordered;

• activated software licences;

• third-party services used;

• urgent or priority service fees.

31) Chargebacks and Reversals

31.1 Chargebacks are not a dispute process.
If you initiate a chargeback without following our dispute process:

• services may stop immediately;

• the full balance becomes immediately due;

• you are responsible for chargeback and admin costs.

31.2 Any agreed refund still follows the up-to-three-week processing timeframe.

32) No Double Recovery

You are not entitled to both:

• a refund and a credit; or

• a refund and a chargeback recovery.

Any overpayment will be reconciled accordingly.

33) Finality

Once a refund or credit has been issued and accepted:

• the matter is considered resolved; and

• no further claims relating to that invoice or work may be made, to the fullest extent permitted by law.

34) Disputes and Legal Resolution

34.1 Disputes must be raised in writing within 7 days of invoice date or job completion (whichever is later).

34.2 We will acknowledge, investigate, and propose a resolution.

34.3 You agree not to publish dispute information publicly as a first step and to attempt direct resolution with us first.

34.4 These Terms are governed by the laws of New Zealand and disputes fall under New Zealand jurisdiction.