Terms and Conditions
Last updated: 19 July 2026
1. About these terms
These terms apply to services supplied by FernByte Limited, trading as FernByte ("FernByte", "we", "us"), including IT support, repairs, web design, hosting, email, apps, software and related technical work.
Your accepted quote, proposal, order or service agreement forms part of these terms. If a specific written agreement conflicts with these general terms, the specific agreement applies to that service. Using the public website alone does not create an obligation to purchase a service.
2. Quotes, scope and prices
- Quotes are valid for 30 days unless the quote states otherwise.
- All prices are in New Zealand dollars. FernByte is not GST registered, so GST is not added.
- We will explain the agreed scope before work starts and seek approval before material scope or price changes.
- Approved hardware, software licences, domains, plugins, consumables and other third-party charges are billed separately unless included in writing.
- The on-site rate includes travel within Palmerston North. Travel outside Palmerston North is quoted before booking.
- Customer-requested additions or changes outside the agreed scope may receive a separate quote and revised delivery date.
3. IT support and device repairs
3.1 Rates and billing
- On-site IT support is NZD $75 per hour and remote IT support is NZD $50 per hour.
- A minimum first-hour charge applies. Each started hour is billed as a full hourly increment.
- Evening and weekend work during our published opening hours uses the same rates, with no after-hours surcharge.
- Payment is normally due when the job is completed. If payment is not made then, the invoice due date applies and will ordinarily be within seven calendar days.
- Payment may be made by bank transfer, tap to pay or an online invoice-payment option. An invoice and receipt are provided.
3.2 Drop-off diagnostics
A NZD $50 diagnostic fee applies when a dropped-off device is checked or opened and the customer then declines the recommended repair. We disclose the fee and obtain approval before opening or assessing the device. The fee is not charged separately when the customer proceeds with the agreed repair.
3.3 Access, data and credentials
- Customers must back up important data where reasonably possible before a repair, remote session or system change.
- The customer authorises only the device, account and data access reasonably required to diagnose or complete the approved work.
- FernByte does not record remote-support sessions, calls or customer screens.
- FernByte does not retain customer passwords. Customers should use temporary or delegated access and change or revoke credentials after the job.
- We still remain responsible for carrying out services with the care and skill required by applicable law.
4. No Fix, No Fee
No Fix, No Fee applies to labour for the single agreed fault when FernByte cannot provide the agreed remedy. It does not remove charges that were explained and approved for work or costs outside that promise.
- Approved parts, licences, third-party costs and quoted travel outside Palmerston North remain payable.
- A successful diagnosis is chargeable if the customer declines the recommended solution.
- Data-recovery assessments are excluded because recovery outcomes cannot be guaranteed.
- The policy does not apply when access, internet connectivity, customer equipment, undisclosed damage or another matter outside FernByte's reasonable control prevents the repair.
- Additional or unrelated faults require separate approval.
5. Website projects
5.1 Packages and delivery targets
- Starter: from NZD $499, up to 5 pages, a target of 3 days from deposit, and 1 included design-revision round.
- Business: from NZD $999, up to 10 pages, a target of 7 days from deposit, and 2 included design-revision rounds.
- E-Commerce: from NZD $1,499, an online store with up to 15 initial products, a target of 14 days from deposit, and 3 included design-revision rounds.
Delivery periods begin when the deposit is received. Dates extend where the customer is late providing content, access, feedback or approvals, or where the scope changes. Larger or custom work follows the written quote rather than a package target.
5.2 Deposits, approval and completion
- A minimum 20% deposit is required before project work begins.
- We will not proceed beyond the draft or template direction until the customer expressly approves it.
- The deposit is non-refundable once FernByte has started work, except where a refund or other remedy is required by law.
- The remaining 80% is payable on completion and before final launch, transfer or handover unless another schedule was agreed in writing beforehand.
- Extra revision rounds, new pages, new functionality and other scope changes are quoted separately.
5.3 Content, domains and ownership
- Customers supply accurate business information, branding and source material and confirm they have permission to use it.
- Professional copywriting, photography and substantial content creation are separately quoted unless expressly included.
- Domains are not included in the package price. If FernByte assists, the domain is registered in the customer's name and FernByte may manage it while the account remains paid.
- After full payment, the customer owns the final website work created specifically for that project.
- FernByte retains its pre-existing tools, reusable components, methods and know-how. Third-party materials remain subject to their own licences.
- FernByte may display completed work in its portfolio and marketing unless confidentiality was agreed in writing.
6. Managed hosting, email and updates
- Managed hosting starts at NZD $49, $99 or $149 per month for the corresponding website package and is paid online as a subscription.
- FernByte may use reputable third-party cloud, hosting and email providers and does not publish infrastructure details that could weaken security.
- We provide commercially reasonable availability but do not guarantee uninterrupted service. Maintenance, provider incidents, internet failures and events outside our control may cause downtime.
- Included monthly updates cover small text and image changes only. Unused updates expire each month and do not accumulate. New pages, features or substantial redesigns are separately quoted.
- Where managed backups are included, the target schedule is daily website and database backups retained for seven days, encrypted weekly copies retained for 30 days and encrypted monthly copies retained for 90 days.
- Mailbox recovery depends on the relevant email provider. Customers should independently archive critical messages.
- Customer-requested restoration work may be quoted separately. Restoration required because of a FernByte or hosting-platform fault is provided without a FernByte restoration charge.
- We may suspend an overdue hosting service after giving 30 days' written notice.
- Hosted website files, databases and mailboxes may be retained for up to 90 days after cancellation and then permanently deleted.
7. Cancellation and overdue accounts
- IT support may be cancelled by informing FernByte. Work already completed and approved third-party costs remain payable.
- A website project may be cancelled by informing FernByte. Once work has started, the deposit is non-refundable, subject to mandatory legal rights.
- Monthly hosting may be cancelled at any time. It ends at the next billing date and no further subscription charge is made.
- FernByte does not charge default interest or its own late-payment fee.
- Reasonable external collection costs may be recovered where lawful, provided the customer receives written notice first.
8. Warranty and consumer rights
FernByte provides a 90-day workmanship warranty on repairs and installations. This is additional to any rights that cannot lawfully be excluded. Hardware and third-party products remain subject to applicable manufacturer warranties and statutory rights.
The workmanship warranty does not cover unrelated faults, normal wear, misuse, customer or third-party changes, external-provider failures, customer-supplied systems or manufacturer defects.
Residential and other eligible consumer customers retain their rights under the Consumer Guarantees Act 1993 and Fair Trading Act 1986. Nothing in these terms limits a mandatory consumer remedy.
Where a customer acquires goods or services in trade for business purposes, FernByte and that customer may agree in writing that the Consumer Guarantees Act does not apply, but only to the extent contracting out is legally permitted and fair and reasonable.
9. Liability for business customers
This section applies to business customers only. To the extent permitted by law, FernByte's total liability relating to an affected service is capped at the amount the customer paid for that service during the preceding 12 months.
The cap does not apply to fraud, deliberate misconduct, breach of privacy obligations, mandatory consumer rights or another liability that cannot lawfully be limited. FernByte is not liable for indirect or consequential business loss to the extent that exclusion is lawful and reasonable in the circumstances.
10. Uncollected devices
FernByte may retain a device while an amount for approved work remains unpaid. If a device remains uncollected and the amount has been overdue for 60 days, we may issue a final collection notice and use the lien, notice and auction process permitted by the Contract and Commercial Law Act 2017. FernByte does not automatically become the owner of an uncollected device and will only sell or dispose of it as the law permits.
11. Privacy and confidentiality
We access customer information only as reasonably required and authorised for the service. Our Privacy Policy explains how we collect, use, disclose, retain and protect personal information.
12. Events outside reasonable control
Neither party is responsible for delay caused by an event outside its reasonable control, including a natural disaster, major outage, cyber incident, supply disruption or government restriction. This does not remove obligations that cannot legally be excluded.
13. Complaints and disputes
Send a written complaint to info@fernbyte.co.nz. Both parties will try in good faith to resolve it within 14 days. If it remains unresolved, either party may use the New Zealand Disputes Tribunal or courts. These terms are governed by New Zealand law.
14. Changes to these terms
Updated terms apply prospectively from the published date. A material change does not retrospectively replace an accepted quote or fixed-term agreement unless both parties agree or the law requires it. We will give reasonable notice of material changes affecting an active subscription.
15. Contact and company information
FernByte Limited, trading as FernByte
Company number: 9383476
NZBN: 9429053238078
Email: info@fernbyte.co.nz
Phone: +64 20 400 20178
Address: Tremaine Avenue, Roslyn, Palmerston North 4414, New Zealand
