Terms and Conditions

1. Introduction

These Terms and Conditions ("Terms") govern your use of FernByte's websites, apps, ecommerce experiences, and services. By engaging our services, placing an order, creating or using an account, or accessing our websites, you agree to be bound by these Terms. If you do not agree, do not use our services.

2. Services

FernByte provides IT support, web design, app development, ecommerce, software products, and related digital services. Our services may include:

• Managed IT support, troubleshooting, networking, device setup, maintenance, and related onsite or remote services
• Website design, development, hosting, support, search optimisation, and website maintenance
• Custom software, app design and development, and ongoing software support
• Access to FernByte-operated apps, software tools, and digital platforms
• Ecommerce, online checkout, digital products, subscriptions, and related order fulfilment
• Consulting, implementation, training, and other related digital or technical services

3. Service Agreements

3.1 Quotes and Estimates

• All quotes and estimates are valid for 30 days unless otherwise stated.
• Prices may vary if actual conditions, scope, or requirements differ from those described.
• Additional costs such as travel, parking, software licences, hosting, domains, plugins, third-party fees, or consumables may apply where relevant.
• Customers will be notified of significant changes before work proceeds.

3.2 Service Delivery

We make reasonable efforts to complete services, deliver projects, and provide access to apps or digital products within agreed timeframes, but delays may occur due to technical issues, third-party provider dependencies, content delays, scope changes, supply limitations, or circumstances beyond our control.

3.3 Customer Responsibilities

Customers are responsible for:

• Backing up important data and content before service delivery or system changes
• Providing accurate information, approvals, credentials, and content needed for service delivery
• Ensuring they have rights to use any content, software, data, or assets they provide to us
• Maintaining appropriate security over their own accounts, devices, websites, apps, stores, and systems
• Ensuring safe access to work areas where onsite work is required

4. Payment Terms

• We may accept payment by bank transfer, card, online checkout, or other methods we make available.
• Payment timing may differ by service type. Some work may require deposits, milestone payments, subscriptions, or full payment in advance.
• Quotes and pricing may exclude third-party fees, software licences, domain renewals, hosting, transaction fees, integrations, plugins, or taxes unless expressly stated.
• Overdue accounts may incur interest, late fees, service suspension, or referral to a collection agency. Recovery costs may be payable by the customer where lawful.
• Where relevant, access to digital products, apps, accounts, websites, or deliverables may be restricted until full payment is received.

5. Warranties and Guarantees

5.1 Service Warranty

We aim to deliver our services with reasonable care and skill. Any specific warranty period or support term will be set out in your proposal, order, or service agreement. Unless otherwise stated, this does not cover:

• Misuse, accidents, customer changes, or normal wear and tear
• Third-party interference, provider outages, platform changes, or alterations made after delivery
• Issues caused by customer-supplied content, software, accounts, credentials, or infrastructure

5.2 Third-Party Products and Services

Third-party hardware, software, licences, plugins, hosting, payment services, and related products are subject to the terms and warranties of their respective providers. We may assist with issues or claims, but we are not responsible for provider limitations or provider-side failures.

5.3 Software, websites, and apps

Websites, apps, ecommerce systems, integrations, and software products are provided on a reasonable-efforts basis unless a separate written service level agreement applies. We do not guarantee uninterrupted availability, search rankings, sales performance, compatibility with every third-party system, or that every defect will be identified or resolved immediately.

6. No Fix, No Fee Policy

FernByte offers a No Fix, No Fee policy on IT repair and support services, subject to the following conditions:

1. Labour only — This policy covers labour charges only. If parts, components, or software licences were sourced at your request prior to or during the repair, those costs remain payable regardless of the outcome.
2. Single defined fault — The policy applies to the specific fault agreed upon at the time of booking. If additional or unrelated faults are discovered during the repair, a separate quote will be provided before any further work proceeds.
3. Data recovery is excluded — Due to the unpredictable nature of storage device failure, data recovery assessments carry a diagnosis fee regardless of outcome.
4. Customer-declined repairs — If FernByte diagnoses the fault and recommends a repair, but you choose not to proceed, a diagnosis fee may apply. No Fix, No Fee does not apply where a fix was identified but declined by the customer.
5. Device condition — The device must be in a condition that reasonably allows a repair attempt. FernByte reserves the right to decline service on devices that are physically damaged beyond safe assessment.
6. Pre-existing or undisclosed damage — FernByte is not liable for pre-existing faults unrelated to the agreed repair. If undisclosed damage is found to affect the repair outcome, this policy may not apply.
7. Remote support sessions — For remote sessions, a session fee may apply if the issue cannot be resolved due to factors outside FernByte's control, including inadequate internet connection, customer hardware failure, or inability to access the device remotely.
8. FernByte's discretion — FernByte reserves the right to determine whether this policy applies on a case-by-case basis. Any disputes will be handled in good faith.

If you have questions about whether this policy applies to your job, please ask before work begins.

7. Limitation of Liability

Our liability is limited to the cost of services provided. We are not liable for:

• Loss of data, content, software, accounts, or business interruption
• Loss of profits or revenue
• Consequential or indirect damages
• Issues from customer-supplied equipment, software, content, or third-party platforms

Customers are strongly advised to maintain current backups and not rely on any single system, website, app, or provider for business continuity.

8. Privacy and Confidentiality

We respect your privacy and confidentiality. We only access customer data when required for service delivery and with explicit consent. Our Privacy Policy explains how we handle personal information.

9. Cancellation and Refunds

• Services may be cancelled with reasonable notice. Work already completed, time already booked, non-refundable third-party costs, and committed project phases may still be chargeable.
• Subscriptions, digital products, app access, and ecommerce purchases may be subject to separate refund, cancellation, return, or licence terms depending on the product or offer.
• Refunds are considered case by case unless a separate policy, offer, or statutory right applies.

10. Force Majeure

We are not liable for delays or failures caused by factors beyond our control, including natural disasters, outages, cyber incidents, pandemics, supply chain issues, third-party provider disruptions, or government regulations.

11. Governing Law

These Terms are governed by New Zealand law. Disputes will be subject to the courts of New Zealand. We encourage resolution by discussion and negotiation first.

12. Consumer Guarantees

Nothing in these Terms limits your rights under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or other applicable New Zealand consumer law.

13. Updates to Terms

We may update these Terms from time to time. Updates will be posted on our website with a new "Last updated" date. Continued use of our websites, apps, shop, or services after an update means you accept the updated Terms.

14. Contact Information