Important Notice
These Terms & Conditions (“Terms”) govern your use of the services and goods supplied by 365wiz Limited (“we”, “us”, “our”). By booking, purchasing, or using our services or goods, you confirm that you have read, understood, and agreed to these Terms.
Definitions
365wiz: 365wiz Limited, trading as 365wiz (NZBN: 9429053209702).
Client / you: the person or entity ordering services or goods.
Services: IT support, troubleshooting, setup, consultancy and related activities delivered on-site, remotely, or under a membership/subscription.
Goods: any physical or digital items we supply (for example, software licences, peripherals, parts).
Membership / Subscription: any ongoing plan you enrol in via our website or booking platform.
Website: 365wiz.co.nz and any related booking pages.
Business Hours: 8:30am–6:00pm Monday–Friday New Zealand time (NZST/NZDT, as applicable).
Working Day: any day other than Saturday, Sunday, or a New Zealand public holiday.
Renewal Date: the last day of your current subscription term.
Call-out Fee: any fixed fee disclosed at booking for attending your site, as listed on our Pricing page.
Scope of Services
We provide on-site and remote IT support, setup, and advice, available on demand, by appointment, or through membership plans. Some services may be available only in selected regions of New Zealand. We will confirm availability during booking.
Bookings, On-Site & Remote Service
3.1 Minimums & Increments
A minimum booking of 30 minutes applies. Any additional time is billed in 15-minute increments.
3.2 Arrival Window
For on-site visits, we will provide you with an arrival window and make reasonable efforts to meet it. If delays occur, we will notify you promptly and reschedule if required.
3.3 Service Area & Travel
On-site support is available within our published service areas. If you are located outside these areas, we may still attend at our discretion. Any applicable travel charges and Call-out Fees (as outlined on our Pricing page) will be disclosed to you before you confirm the booking.
3.4 Client Presence & Access
An adult (18+) must be present for on-site work. You must provide safe access, power, internet (if required), necessary passwords/licences, and a suitable working space.
3.5 Remote Support Prerequisites
You are responsible for a stable internet connection and permitting remote-access tools. Some issues may require on-site follow-up.
3.6 Best-Efforts & Estimates
All time estimates are indicative only, not guaranteed, and may change if third-party input or additional work is required.
3.7 Return-to-Base (With Consent)
If an issue cannot reasonably be resolved on-site or remotely, we may, with your consent, take equipment to our workshop for diagnosis/repair.
Repair Notice & Data Backups
Repairs or troubleshooting may involve risks, including data loss and the use of refurbished or equivalent parts. You must back up your data before any service (see Section 11). We are not responsible for loss or corruption of data, software, or settings unless otherwise required by applicable New Zealand law.
We are not responsible for reinstalling or reconfiguring software, or for restoring data, unless we have explicitly agreed in writing to perform this as part of the service.
Goods, Ownership & Risk
5.1 Quotes & Special Orders
Parts and software may require prepayment or a deposit. Once issued or activated, software keys are generally non-returnable (your rights under the Consumer Guarantees Act 1993 (CGA) still apply).
5.2 Retention of Title (PPSA)
Ownership in goods remains with us until we receive full cleared payment. We may register a purchase money security interest (PMSI) under the Personal Property Securities Act 1999 and you agree to do all things reasonably necessary to perfect that security interest.
5.3 Risk
Risk in goods passes to you on delivery or installation (whichever occurs first).
5.4 Right to Hold Equipment (Lien)
To the extent permitted by law, if fees remain unpaid, we may retain equipment in our possession as security for payment.
5.5 Uncollected Equipment
If equipment is not collected or delivery cannot be completed within 90 days after we notify you it is ready, we may charge reasonable storage fees. After a further written notice period (at least 20 Working Days) we may dispose of the equipment to recover amounts owing, remitting any surplus to you.
Fees, Invoicing & Payment
6.1 Pricing. Prices are in NZD and include GST unless stated otherwise. Quotes are valid for 14 days unless stated otherwise.
6.2 When due. Payment is due either at the time of booking or upon completion of the service, as advised during booking. Invoices for other charges (e.g., parts, call-out, travel, cancellation) are payable upon issue.
6.3 Methods. We accept credit/debit card, EFTPOS, and internet banking. We may request evidence of payment for bank transfers.
6.4 Overdue amounts. We may charge interest on overdue balances at 12% per annum, calculated daily and payable on demand. We may also recover reasonable collection and legal costs.
6.5 Suspension. We may suspend services until outstanding amounts are paid.
6.6 Variations. If additional work or parts are needed beyond an approved quote, we will seek your approval with an updated estimate. If you do not approve, you will only pay for work already performed and any special-order parts.
Cancellations, Rescheduling & No-Shows
7.1 Cancelling. If you cancel with less than 24 hours' notice, we may charge a cancellation fee equal to 30 minutes of the booked service.
7.2 No-show. If we attend and cannot proceed because you are absent or access is not provided, we may charge a no-show fee equal to 1 hour of service (plus any confirmed travel charge).
7.3 Rescheduling. You can reschedule (subject to availability). If you reschedule with less than 24 hours' notice, the cancellation fee may still apply.
7.4 Our cancellation. If we cancel a confirmed booking and you have prepaid any amount for that booking, we will refund the prepaid amount for the cancelled portion.
7.5 Repeated cancellations. If you repeatedly cancel or reschedule bookings without reasonable cause, we may, at our discretion, decline or require prepayment for future bookings.
Memberships & Subscriptions
8.1 Benefits. Memberships may include discounted rates, priority booking, or remote-support allowances as described on our website.
8.2 Term & renewal. Subscriptions renew automatically at the end of each term unless you cancel at least three (3) Working Days before the Renewal Date. We will send you a renewal reminder at least 14 days before the Renewal Date to the most recent email address you have provided. By maintaining a valid payment method on file, you authorise us to charge that method on each Renewal Date, unless you cancel at least three (3) Working Days beforehand.
8.3 Early termination. If you end a fixed-term subscription early after receiving on-site service through it, an early termination fee may apply, calculated as the remaining plan balance less a 50% reduction. Any early-termination charge will not exceed a reasonable pre-estimate of our loss (to comply with NZ unfair-contract-terms rules). No early termination fee applies if you are cancelling for reasons required under NZ law.
8.4 Fair use. Unlimited/remote-support entitlements are subject to fair use: no excessive, unreasonable, or fraudulent use; no sharing with non-covered users or devices; and no repeated requests arising from a failure to action our reasonable recommendations.
Warranties & New Zealand Consumer Law
9.1 Services. We will provide services with reasonable care and skill.
9.2 Goods. Manufacturer warranties apply where provided; we will assist with claims where we supplied the goods.
9.3 Your statutory rights. Nothing in these Terms limits rights and remedies you have under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.
9.4 Business customers. If you acquire goods or services from us for business purposes (as defined in the CGA), you agree the Consumer Guarantees Act 1993 does not apply (section 43 CGA).
9.5 Remedies. Where we may choose the remedy, we may re-perform services, or repair/replace goods, or provide a refund where repair/replace is not practical, always subject to your statutory rights.
Liability
To the extent the law allows:
- We are not liable for indirect or consequential losses (for example, loss of profit, revenue, opportunity, business interruption, or data).
- Our total liability for any claim is limited to the amount you have paid or are required to pay for the specific service or goods that gave rise to the claim.
- We do not exclude liability that cannot be excluded under New Zealand law.
For data-loss risks, see Section 4.
Your Responsibilities
You agree to:
- Provide accurate information when booking;
- Hold valid licences for any software we install or configure;
- Back up data before any service;
- Provide a safe on-site work environment, disclose any hazards in advance, and comply with the Health and Safety at Work Act 2015;
- Follow reasonable instructions and recommendations we provide.
Intellectual Property
All content, software, documentation, and materials we provide (other than your own data) remain our intellectual property or that of our licensors. You receive a non-exclusive, non-transferable licence to use deliverables we provide solely for your internal purposes.
Privacy & Data
We handle personal information in line with the New Zealand Privacy Act 2020 and our Privacy Policy (see our website). We may share personal information with staff or contractors solely to deliver services. For full details, please read our Privacy Policy.
Remote Access Consent & Confidentiality
Remote access. By requesting remote support, you authorise us to access and control your device(s) for the duration of the session and to install tools necessary to provide the service. You can end a session at any time.
Confidentiality. We will keep your non-public information confidential and use it only to deliver services, except where disclosure is required by law.
Safety, Legality & Acceptable Use
We may decline or suspend service if we consider a site unsafe, access unlawful, or content illegal/offensive, or if abusive behaviour is directed at our staff. We may also decline work involving unlicensed or illegal software or content (see Section 11).
Subcontractors
We may use vetted subcontractors or contractors to deliver services. We remain responsible to you for the service they perform on our behalf.
Force Majeure
We are not responsible for delays or failure to perform caused by events beyond our reasonable control (for example: severe weather, utility outages, cyber incidents, epidemics/pandemics, industrial action, or governmental action).
Changes to These Terms
We may update these Terms from time to time. The current version will be posted on our website with the Last updated date.
For subscriptions, changes will apply to the next term. We will provide you with written notice of any material adverse change at least 14 days before renewal so you may cancel if you do not agree.
For on-demand services, the updated Terms apply to new bookings made after the update.
Returns & Refunds (Change of Mind)
Because service time is consumed as delivered, change-of-mind refunds are not offered for time already used. For goods, we do not offer change-of-mind returns on opened software or activated licences. Your statutory rights under NZ law remain unaffected.
Age & Legal Capacity
By using our website or booking services, you confirm you are 18 or older and legally capable of entering into a binding agreement (or you have appropriate authority on behalf of an entity).
General
Notices & communications. We may provide notices or other communications to you by email to your most recently provided email address. You are responsible for keeping your contact details up to date.
Assignment. You may not assign these Terms without our consent.
Severability. If any clause is invalid, the remainder stays effective.
No waiver. A failure or delay to enforce a right is not a waiver.
Entire agreement & precedence. These Terms (plus any written quote and your booking confirmation) are the entire agreement for the relevant services/goods. If there is any inconsistency between a written quote/booking confirmation and these Terms, the quote/booking confirmation prevails to the extent of the inconsistency (unless expressly stated otherwise).
Governing Law & Venue
These Terms are governed by New Zealand law. Disputes are subject to the exclusive jurisdiction of the New Zealand courts.
Contact Us
If you have any questions about these Terms & Conditions, please contact us: