Terms of Service

1. These Terms of Service set out the standard terms and conditions on which Kahu Building and Maintenance (Kahu Building and Maintenance, we, us, and our) provide services (Services) to our clients (Client, you, your and their). By engaging Kahu Building and Maintenance to carry out services, you agree to these Terms of Service and Kahu Building and Maintenance is not required to hold a signed copy. 

Services

2. Kahu Building and Maintenance will provide the Services to the Client in accordance with the Client’s instructions. 

3. The Client must confirm all verbal instructions in writing.

Fees and Payment Terms

4. The Services will be charged at the standard hourly rates of Kahu Building and Maintenance which will be provided to the Client and may be varied from time to time. Any change to Kahu Building and Maintenance’s hourly rates will be notified to the Client in writing. At the discretion of Kahu Building and Maintenance, a retainer shall be payable prior to commencement of the Services.

5. In addition to the Services, Kahu Building and Maintenance may charge the Client for disbursements including, but not limited to, printing and photocopying, materials, postage and couriers.

6. Payment is due 7 days from the date of the invoice, unless otherwise agreed in writing by the parties.

7. Kahu Building and Maintenance may charge interest at 2% per month on overdue accounts.

Confidentiality

8. Kahu Building and Maintenance holds in confidence all information concerning you or your affairs that we may obtain while providing the Services for you.  Any information that we collect and hold about you is done so in accordance with our Privacy Policy.

9. Kahu Building and Maintenance does not disclose any client information unless required and authorised by you as Client, or by law.

Liability

10. Subject to any implied warranties pursuant to any law, Kahu Building and Maintenance’s liability shall only apply to the minimum extent required by the relevant statute.

11. Except as otherwise provided by these terms, Kahu Building and Maintenance shall not be liable for any loss or damage, including consequential loss, suffered or incurred by the Client.

12. Kahu Building and Maintenance completes and proofreads its work to a high standard. The Client is responsible for the final proofreading of any work, and Kahu Building and Maintenance is not liable for any mistakes or inaccuracies present in its work.

13. The Client shall indemnify Kahu Building and Maintenance against all claims and losses caused by their negligence or breach of these Terms of Service.

14. If, despite the other provisions of these Terms of Service, Kahu Building and Maintenance is found to be liable to the Client then, without limiting Kahu Building and Maintenance’s obligation to indemnify the Client in accordance with these Terms of Service, its liability for any single event or series of related events is limited to the amount the Client actually paid for the Services which gave rise to the claim. The liability of Kahu Building and Maintenance shall be reduced proportionately to the extent that any act or omission of the Client has contributed to such loss or damage.

15. The guarantees contained in the Consumer Guarantees Act 1993 are excluded where the Client acquires Services from Kahu Building and Maintenance for the purposes of a business.

Termination

16. Either party may terminate the Services with 30 days’ written notice to the other party.

17. Either party may terminate the Services immediately by written notice, upon:

a) the other party committing a breach of these Terms of Service and such breach is not remedied within seven days of receipt of notice in writing of the breach or immediately if the breach is incapable of remedy; or

b) the liquidation or insolvency of the other party.

18. Kahu Building and Maintenance may suspend or terminate the Services without warning if outstanding invoices remain unpaid after 30 days.

19. In the event of termination by either party, the Client agrees to pay for all work completed up to that point.

Costs

20. The Client fully indemnifies Kahu Building and Maintenance and shall pay to Kahu Building and Maintenance upon demand any costs whatsoever (including, but not limited to, on a solicitor client basis) incurred by Kahu Building and Maintenance in remedying any default of the Client under this agreement or in enforcing any provision of this agreement.

General

21. Kahu Building and Maintenance is entitled to change these Terms of Service from time to time.

22. These Terms of Service constitute the entire agreement and understanding (express and implied) between the parties unless otherwise agreed in writing.

23. No waiver of any breach or failure to enforce any term of this agreement at any time by any party will in any way affect, limit or waive that party ’s rights or remedies available under these Terms of Service.

24. If any provision of this agreement is held to be illegal, void or unenforceable such determination will not impair the enforceability of the remaining parts of the agreement which will remain in full force.

25. These Terms of Service shall be governed by New Zealand law and the parties submit to the exclusive jurisdiction of the courts of New Zealand.