West Tech Services

Welcome: Thank you for choosing West Tech Services. These Terms & Conditions ("T&Cs") outline the agreement between You and Us when You engage Our Services. We aim for transparency and fairness in all our interactions.

Definitions: To ensure clarity, the following terms have these specific meanings in this document:

"We", "Us", "Our": Refers to West Tech Services, the technology services business operated by Ngakora Beal as a sole trader in New Zealand.

"You", "Your", "Client": Refers to the individual, household, or entity engaging West Tech Services for the provision of Services.

"Services": Refers to the range of technology support, installation, repair, setup, troubleshooting, and related services offered by Us, as generally described on Our website or detailed in a specific Quote provided to You. This includes, but is not limited to, the specific services listed in Section 3.

"Agreement": Refers to these Terms & Conditions, together with any specific Quote, service order confirmation, or invoice provided by Us relating to the Services You have requested.

"Site": Refers to the location where Services are performed, which may be Your home, Your business premises, another location designated by You and agreed by Us, or Our Workshop.

"Device": Refers to any electronic or technology hardware that is the subject of the Services, including but not limited to computers (desktops, laptops), mobile phones, tablets, smartwatches, televisions, soundbars, routers, modems, mesh network components, smart home devices (cameras, doorbells, lights, speakers), printers, or PC components.

"Parts": Refers to any hardware components, modules, accessories, or consumables, whether new or refurbished, supplied either by Us or by You as part of the Services performed.

"Quote": Refers to a specific written estimate provided by Us detailing the scope of work and the estimated cost for particular Services, typically issued for non-standard requests, diagnostic work outcomes, or custom projects.

"Workshop": Refers to Our home-based workshop facility located in the Grey District, New Zealand.

"On-Site Service": Refers to any Services performed by Us at a Site designated by You (e.g., Your home or business), rather than at Our Workshop.

Understanding these definitions is important as they form the basis of our mutual understanding and obligations under this Agreement. Clear definitions help prevent ambiguity and potential disputes.

Acceptance: You accept and agree to be bound by these T&Cs when You take any of the following actions:

• Book or schedule a Service with Us (via phone, email, website, or other means).
• Accept a Quote provided by Us.
• Allow Us to commence work on Your Device or at Your Site.
• Use any Services provided by Us.

Binding Nature: Upon Your acceptance, these T&Cs form a legally binding contract between You and West Tech Services governing the provision and receipt of the Services. It is important You read and understand these terms before engaging Our Services.

Primacy of T&Cs: These T&Cs apply to all Services We provide, unless We explicitly agree otherwise in a signed written document. If there is any inconsistency between these T&Cs and a specific Quote We have provided, the terms of the Quote will prevail for that specific engagement only. Establishing how and when the agreement is formed ensures that both parties understand their rights and obligations before significant work commences, reducing the likelihood of disputes later on.

General Scope: West Tech Services provides a range of technology solutions primarily for residential clients, including on-site installations and setups, device and PC repairs and services, and general tech support and troubleshooting.

Specific Service Details: Our services include, but are not limited to:

On-Site Installations & Setups:

• TV Wall Mounting: Installation of client-provided TVs onto wall surfaces. Service is limited to standard wood stud or concrete wall constructions only. We cater for various TV sizes, subject to assessment of wall suitability and TV weight. Appropriate mounting hardware must be used.
• Tabletop TV Setup: Assistance with unboxing, assembling stands, connecting devices (e.g., soundbars, game consoles), and basic configuration.
• Soundbar Setup: Connection to TV and basic audio configuration.
• Starlink Basic Setup: Assistance with setting up Starlink satellite internet hardware using the standard ground stand/deck mount or basic external wall mounting. Exclusions: We currently do not offer roof installations for Starlink dishes. For wall mounts, the client must provide a suitable, manufacturer-approved wall mount bracket. Services are subject to height limitations and accessibility assessment for safety.
• Wi-Fi & Network Setup: Installation and configuration of routers, modems, and mesh network systems for optimal home coverage.
• Smart Home Device Setup: Configuration of various smart home devices, including security cameras (subject to placement limitations), smart doorbells, smart lighting systems, and voice assistants like Google Home or Amazon Alexa.

Device & PC Services:

• Phone Repairs: Specialising in Apple iPhone and Samsung Galaxy models for common issues like screen replacement, battery replacement, and charging port repairs. Repairs for other brands/models are subject to assessment and parts availability.
• Device Setup & Data Transfer: Assistance with setting up new phones, tablets, or smartwatches, including transferring data from old devices where technically feasible.
• Custom PC Building: Labour service for assembling custom PCs where the client provides all necessary compatible components. We do not supply parts for custom builds unless specifically quoted.
• PC Setup & Data Transfer: Setting up new computers and transferring data from previous machines.
• Printer Setup: Connecting and configuring printers (wired or wireless) to computers or networks.
• Computer Hardware Services: Diagnostics to identify hardware faults, component upgrades (e.g., RAM, storage drives), and installation of new hardware.
• Computer Software Services: Operating system (OS) installation and troubleshooting (Windows, macOS), virus and malware removal, general software installation and configuration, and PC performance optimization.

Tech Support & Troubleshooting:

• Troubleshooting Visits: On-site or remote assistance to diagnose and resolve technology issues (e.g., email problems, Wi-Fi connectivity issues, device setting conflicts). An initial fee may apply, potentially covering simple fixes, with further work quoted if required.
• 1-on-1 Tech Support/Training: Personalised sessions to help clients understand and use their technology more effectively.
• General Labour: Provision of technical labour for custom tasks not listed above, subject to assessment and provision of a Quote.

Accuracy and Limitations: We strive to describe Our services accurately, in line with the requirements of the Fair Trading Act 1986. It is important to note the specific limitations mentioned (e.g., Starlink roof installs, PC build parts sourcing, TV wall materials). Clearly stating these limitations upfront manages expectations and prevents misunderstandings about the scope of service included. If You are unsure whether a specific task falls within Our service scope or limitations, please ask Us before booking.

Booking Methods: You can request Services by contacting Us via phone, email, or through the contact form on Our website (if available).

Confirmation: We will confirm Your booking, usually via email or text message. This confirmation will typically include the agreed date and estimated time slot, the nature of the Service requested, and an estimate of costs if applicable (e.g., call-out fee, diagnostic fee).

Service Area: Our primary service area is the Grey District. We also provide On-Site Services to other locations on the West Coast, including areas like Westport and Reefton, subject to availability. There are no travel costs for any on-site services.

Scheduling: We will provide an estimated time for Your appointment (e.g., a 2-hour window). While We make every effort to be punctual, appointment times are estimates. Delays can occasionally occur due to traffic, unforeseen complexities in prior jobs, or other circumstances. We will endeavour to contact You as soon as reasonably possible if a significant delay is anticipated.

Pricing Basis: Our standard service rates are outlined on Our website or available upon request. Pricing for common services may be fixed, while others may be charged on an hourly basis plus any Parts required. All pricing aims to be transparent and fair, consistent with the Fair Trading Act 1986.

Quotes: For work that is non-standard, requires significant investigation, involves customisation (like PC builds), or where the scope is initially unclear, We will provide a Quote before commencing substantive work. Quotes are based on the information available at the time of assessment. If unforeseen issues arise during the Service that materially affect the scope or cost, We will pause work, explain the situation, and seek Your approval before proceeding with any additional chargeable work. This process ensures You remain informed and in control of the costs.

Diagnostic Fees: For services requiring investigation to determine the fault and required repair (e.g., complex hardware issues, intermittent problems), a diagnostic fee may apply. This fee covers the initial assessment time and expertise. We will inform You of any applicable diagnostic fee beforehand. If You choose to proceed with the quoted repair based on the diagnosis, this fee may, at Our discretion, be credited towards the final repair cost.

Payment Terms: Payment is due in full upon completion of the Services. For On-Site Services, payment is required before Our technician leaves Your Site. For Services performed at Our Workshop, payment is required upon collection of Your Device. We reserve the right to retain Devices until full payment has been received.

Accepted Methods: We currently accept payment via:

• Cash
• Direct Bank Transfer (details provided on invoice)

We are exploring options like Mobile EFTPOS, Afterpay, and Google Pay for future implementation but these are not currently available. We will update clients if and when these methods become active. Clearly stating current and future options prevents misleading information under the Fair Trading Act 1986.

GST Status: West Tech Services is currently not registered for Goods and Services Tax (GST). Therefore, GST is not included in Our prices and will not be added to Your invoice. Should Our GST registration status change in the future, We will update Our pricing accordingly and clearly indicate GST amounts on invoices as required by New Zealand law. This transparency ensures compliance with pricing regulations.

Client Policy: We understand that circumstances can change. If You need to cancel or reschedule Your appointment, please provide Us with at least 24 hours' notice. This allows Us to manage Our schedule and potentially offer the slot to another client. If You cancel with less than 24 hours' notice, or fail to be present at the agreed time and Site for an On-Site Service ("no-show"), We reserve the right to charge a cancellation fee. This fee may be equivalent to Our minimum call-out charge or diagnostic fee, reflecting the time allocated and potential loss of income. Having a clear, pre-agreed policy helps manage scheduling efficiently and fairly compensates for late changes that impact the business.

Our Policy: Occasionally, We may need to cancel or reschedule an appointment due to unforeseen circumstances, such as technician illness, emergencies, or significant delays on a prior job. If this occurs, We will provide You with as much notice as reasonably practicable and will work with You to find a suitable alternative appointment time.

To enable Us to provide Services effectively and safely, You agree to the following obligations:

• Accurate Information: You must provide Us with accurate and complete information regarding the problem You are experiencing, the history of the Device(s) involved, and any troubleshooting steps You may have already taken. You must also provide any necessary credentials (such as usernames, passwords, or access codes) required to access Your Devices or accounts for the purpose of performing the Services. We will handle such credentials securely and in accordance with Our Privacy Policy (see Section 11).
• Safe Access & Environment: For On-Site Services, You must provide safe and unobstructed access to the Site, the Device(s) requiring service, and any necessary facilities (e.g., reliable power supply, adequate lighting, internet connection if relevant). Crucially, You are responsible for ensuring the working environment at Your Site is safe and free from hazards. This includes managing pets, ensuring electrical safety of Your existing wiring/outlets, providing stable surfaces for work, and generally meeting the duties expected of a person controlling a workplace under the Health and Safety at Work Act (HSWA) 2015 regarding visitors or contractors. Failure to provide a safe working environment may result in Us refusing to commence or continue Services (see Section 12). This requirement protects Our technician and ensures compliance with safety legislation.
• Data Backup (CRITICAL OBLIGATION): It is Your sole and absolute responsibility to back up all software, data, documents, photos, files, information, or other digital content stored on any Device before You provide the Device to Us or before We commence any Services (whether On-Site or at Our Workshop). Technology services, particularly repairs and software troubleshooting (like virus removal), can carry an inherent risk of data loss. West Tech Services takes no responsibility whatsoever for any loss, corruption, deletion, or alteration of any software, data, files, or information, regardless of the cause. We strongly recommend maintaining regular backups as a standard practice. This clause is critical for managing liability, as data recovery is often complex or impossible, and data value is subjective and potentially immense. Placing this responsibility firmly on the client before service begins is standard industry practice and essential for risk mitigation.
• Availability: You must ensure the relevant Device(s) are available to Us at the agreed time. If You are providing specific Parts, accessories, software media, or license keys required for the Service, You must ensure these are available, complete, and suitable for the intended purpose. Delays or inability to complete work due to unavailable items may incur additional charges.
• Software Licenses: You represent and warrant that You hold valid and legal licenses for all operating systems and application software on Your Device(s). You agree that We are not responsible for investigating or verifying Your software licenses and We will not be liable for any breach of license agreements or copyright law related to the software on Your Devices. We will not install unlicensed software.

While We aim to provide comprehensive support, certain limitations and exclusions apply to Our Services:

• Pre-existing Conditions: We are not liable for any faults or issues present in Your Device(s) before We commenced Services ("pre-existing conditions"), unless Our work directly and negligently caused further damage related to that condition. Diagnosis may reveal pre-existing conditions that affect the viability or cost of a repair, which We will discuss with You.
• Scope Boundaries: Our Services do not typically include:
  • Major structural modifications to buildings (e.g., cutting large openings, altering building frames) beyond the standard installation of fixtures like TV mounts.
  • Electrical work that legally requires a registered electrician in New Zealand (e.g., installing new power outlets, hardwiring circuits). We can work with existing, safe electrical provisions only.
  • Advanced or enterprise-level network configuration, server administration, or specialised IT infrastructure support, unless specifically agreed and quoted.
  • Starlink installations involving roof access, penetrating roof membranes, or complex custom mounting solutions (reiterating Section 3).
  • Support for highly specialised, legacy, industrial, or obsolete hardware or software, unless assessed and agreed upon in advance.
  • Rectification of purely cosmetic damage (e.g., minor scratches, scuffs, dents) on Devices or surroundings, unless such damage is directly caused by Our negligence during the Service performance. Functionality is the primary focus.
  • Data recovery services beyond basic attempts included in data transfer or OS reinstallation processes. Specialist data recovery is a separate field. Defining these boundaries clearly manages client expectations and ensures We operate within Our areas of expertise and legal permissions, aligning with the Fair Trading Act's requirement for accurate service descriptions.
• Third-Party Warranties: Any warranties relating to hardware Parts or software provided by manufacturers or other third-party suppliers are governed by the terms of those specific warranties. We do not assume responsibility for manufacturer warranties. While We may assist in diagnosing issues that could be warranty-related, You are responsible for pursuing warranty claims directly with the relevant manufacturer or supplier. If We supply a Part, Our warranty applies as described in Section 9, alongside any manufacturer warranty.

We stand by the quality of Our work and the Parts We supply, within the framework of New Zealand consumer law and the specific terms outlined below:

Service Warranty (Consumer Guarantees Act 1993):

We guarantee that all Services provided to You will be carried out with reasonable care and skill, as required by the Consumer Guarantees Act 1993 (CGA). This means the work should meet the standard expected of a competent technician. Services must also be fit for any particular purpose You made known to Us, and completed within a reasonable time if no timeframe was agreed upon. If We fail to meet these guarantees, You have rights under the CGA to seek remedies. Typically, this involves requiring Us to remedy the failure within a reasonable time at no cost to You. If the failure cannot be remedied or is of a 'substantial character', You may be entitled to cancel the service contract or obtain compensation.

Parts Warranty (Supplied by Us & CGA):

CGA Guarantees: Any Parts We supply must meet the guarantees under the CGA, including being of acceptable quality (safe, durable, free from minor defects, fit for purpose, acceptable in appearance) and fit for any particular purpose discussed. These statutory guarantees apply regardless of any separate warranty We offer.

West Tech Services Warranty (New Parts): In addition to Your CGA rights, We provide a 6-month warranty on new Parts that We supply and install as part of a Service. This warranty commences from the date of installation and covers defects in the Part itself under normal use. This specific warranty provides a clear timeframe for addressing defects specifically related to the supplied part's manufacture or condition at the time of supply.

Warranty Exclusions:

Our warranties and the CGA guarantees may not apply, or remedies may be limited, if the fault or issue arises from:

• Software problems (including OS issues, application errors, conflicts), viruses, malware, spyware, or firmware issues, unless directly introduced through Our negligence.
• Misuse, neglect, abuse, accident, physical damage, liquid damage, electrical surge, or improper handling or storage of the Device by You or any third party after the Service.
• Modifications, alterations, repairs, or attempted repairs performed by anyone other than West Tech Services after Our Service was completed.
• Incompatibility with Your existing hardware, software, network, or environment, particularly if not disclosed to Us or reasonably discoverable during Our assessment.
• Failure to follow instructions, advice, or maintenance recommendations provided by Us or the manufacturer.
• Normal wear and tear, or consumption of consumable Parts (e.g., printer ink).
• Pre-existing conditions not related to the specific Service performed or Part supplied by Us.
• Issues arising because You requested a service to be done in a certain way against Our advice.

Claim Process:

If You believe there is an issue covered by Our Service Warranty, Parts Warranty, or Your CGA rights, please contact Us promptly. Provide Your name, date of service, invoice number (if possible), and a clear description of the problem. We may need to inspect the Device or Site to assess the claim. You must allow Us a reasonable opportunity to investigate and, if a valid claim exists, provide the appropriate remedy as required by law or Our warranty terms.

Warranty Summary

*This table is a summary only. Full details are in the text above. Your statutory rights under the CGA are not limited by Our commercial warranty.

Consumer Guarantees Act 1993 (Consumers): If You are acquiring Our Services for personal, domestic, or household use or consumption (i.e., You are a "consumer" as defined by the CGA), then nothing in these T&Cs is intended to limit or exclude any rights or remedies You may have under the Consumer Guarantees Act 1993. Where the CGA applies, We will meet Our obligations and provide remedies as required by that Act.

Business Clients (Contracting Out): If You are acquiring Our Services for the purposes of a business, You acknowledge and agree that:

• The Services are supplied and acquired in trade.
• The guarantees provided under the Consumer Guarantees Act 1993 do not apply to these Services.
• It is fair and reasonable that the parties are bound by this clause.
• To the maximum extent permitted by law, We contract out of the provisions of the Consumer Guarantees Act 1993. This agreement to contract out is made in writing through Your acceptance of these T&Cs (Section 2) when engaging Services for business purposes. Note: The effectiveness of contracting out depends on meeting legal requirements, including that it is fair and reasonable in the circumstances.

Data Loss (Reinforced Exclusion): We reiterate and emphasise that We accept no liability whatsoever for any loss, corruption, deletion, or alteration of data, software, programs, files, or information, or for any financial or other loss resulting therefrom (such as business interruption or loss of personal memories). This exclusion applies regardless of the cause, including negligence, unless liability cannot be excluded by law. Your responsibility to back up Your data before service (Section 7) is paramount.

Indirect and Consequential Loss: To the extent permitted by law, We will not be liable for any indirect, consequential, special, punitive, or exemplary losses or damages You may suffer. This includes, but is not limited to, loss of profits, loss of revenue, loss of anticipated savings, loss of opportunity, loss of goodwill, business interruption, or loss of use, arising out of or in connection with Our Services or this Agreement, even if We were advised of the possibility of such loss.

Maximum Liability Cap: Subject to any rights You have under the CGA (if applicable) that cannot be excluded or limited, Our total aggregate liability to You for any and all claims, losses, damages, or expenses arising out of or in connection with the Services or this Agreement (whether based in contract, tort including negligence, statute, or otherwise) shall be strictly limited to the total amount actually paid by You to Us for the specific Service engagement that gave rise to the claim. This cap is considered reasonable given the nature of the services and the critical importance of client data backup.

Accidental Damage: We will exercise reasonable care and skill to avoid damage to Your Devices and property while providing Services. We maintain Public Liability insurance appropriate for Our business activities. However, accidents can occasionally happen. Our liability for any accidental damage to Your property caused by Our negligence during the performance of Services is limited to the cost of repair or replacement of the damaged item, subject always to the maximum liability cap stated above, and excluding liability for data loss. We are not liable for damage arising from pre-existing conditions, client actions, or factors outside Our reasonable control.

Commitment and Compliance: West Tech Services is committed to protecting Your privacy. We collect, use, store, and disclose Your personal information in accordance with the requirements of the New Zealand Privacy Act 2020 and its Information Privacy Principles.

Information Handling: We collect personal information (such as Your name, address, phone number, email address, and details about Your Devices/systems) primarily for the purpose of providing You with the Services You request. This includes scheduling appointments, diagnosing issues, performing repairs or installations, communicating with You, invoicing, and managing Your account. We only collect information necessary for these purposes. We take reasonable steps to keep Your information secure and will only use or disclose it for the purposes collected, for purposes You consent to, or as required or permitted by law. We limit the retention of personal information to only as long as necessary for the business purpose or as legally required.

Privacy Policy: We have a separate Privacy Policy that provides more detailed information about how We handle Your personal information, including Your rights to access and correct Your information. You can download Our Privacy Policy here: Download Privacy Policy. This policy forms part of this Agreement. By engaging Our Services, You acknowledge You have had the opportunity to review Our Privacy Policy.

Our Commitment: West Tech Services is committed to ensuring the health and safety of Our personnel, Our clients, and any other persons present during the provision of Services. We comply with Our duties under the Health and Safety at Work Act (HSWA) 2015.

Risk Management: We identify hazards and manage risks associated with Our work, both in Our Workshop and when providing On-Site Services. This includes safe use of tools and equipment, electrical safety precautions, and managing risks associated with specific tasks like installations.

Your Responsibility for Site Safety: As outlined in Section 7, You have a responsibility under the HSWA 2015 to ensure that Your Site is safe for Our technician to perform the agreed Services. This includes eliminating or minimising any hazards You are aware of or ought reasonably to be aware of. We reserve the right to refuse to commence or to cease work at any Site if, in Our reasonable opinion, the Site or working conditions are unsafe or pose an unacceptable risk to health and safety. This right is exercised to protect Our technician and comply with Our legal duties under HSWA.

Initial Contact: We aim to provide excellent service, but if You have any concerns or are dissatisfied with any aspect of Our Services, please raise the issue with Us directly in the first instance. You can contact Ngakora Beal by phone or email using the details in Section 17.

Good Faith Resolution: We are committed to addressing complaints promptly, fairly, and respectfully. We will investigate Your concerns and work constructively with You to try and find a mutually agreeable resolution in good faith. Open communication often resolves issues quickly and effectively.

External Options: If we are unable to resolve Your complaint directly to Your satisfaction, You may have other options available. For consumers with disputes falling within its jurisdiction (currently claims up to $30,000), the Disputes Tribunal of New Zealand offers a relatively informal and low-cost way to resolve disputes. Information about the Disputes Tribunal can be found on their website.

Client Termination: You may terminate this Agreement at any time by notifying Us. However, You will remain liable to pay for all Services performed and any Parts supplied or ordered specifically for You up to the point of termination, as well as any applicable cancellation fees if notice periods (Section 6) are not met.

Our Termination: We may terminate this Agreement or cease providing Services immediately by providing notice to You if:

• You fail to pay any amount due to Us by the due date.
• You breach any material term of this Agreement, including Your obligations under Section 7 (e.g., providing an unsafe Site, failing to provide necessary access or information).
• We reasonably determine that the requested Service is beyond Our technical capability, scope, or resources, or cannot be performed safely.
• You engage in behaviour towards Our personnel that is abusive, threatening, harassing, or discriminatory.
• You make unreasonable or excessive demands beyond the agreed scope of Service.

Consequences of Termination: Upon termination by either party, all outstanding payments for Services rendered and Parts supplied become immediately due. We may require payment before returning any of Your Devices held at Our Workshop. Termination does not affect any rights or obligations that accrued prior to termination.

Jurisdiction: This Agreement, and any disputes or claims arising out of or in connection with it or the Services provided, shall be governed by and construed in accordance with the laws of New Zealand.

Courts: Both parties agree to submit to the non-exclusive jurisdiction of the courts of New Zealand to resolve any disputes arising under this Agreement. Specifying the governing law and jurisdiction provides certainty for both parties.

Right to Modify: West Tech Services reserves the right to update, amend, or modify these T&Cs from time to time to reflect changes in Our services, business practices, or legal requirements.

Notification: Any changes to these T&Cs will be made effective by posting the updated version on Our website www.westtechservices.com/terms.html. We encourage You to review the T&Cs periodically. The version of the T&Cs that is current at the time You book or commence a specific Service engagement will be the version that applies to that engagement.

Acceptance of Changes: Your continued use of Our Services after any changes to the T&Cs have been posted will constitute Your acceptance of those changes. If You do not agree with the modified T&Cs, You should cease using Our Services. This process allows Us to adapt while ensuring the applicable terms are accessible.

Business Name: West Tech Services

Operator: Ngakora Beal (Sole Trader)

Phone: 022 173 0443

Email: contact@westtechservices.com

Website: www.westtechservices.com

Location: Services provided from a home-based Workshop in the Grey District, and via On-Site visits within the defined service area. (Note: Specific workshop address provided only if required for arranged drop-offs/collections, considering privacy).