FINERGY
Terms and Conditions of Trade
Company: FINERGY Limited
NZ Company No. 6217467
1. Definitions and interpretation
In these Terms:
Client means the person or entity acquiring Services from FINERGY.
Client Data means any data, information, or content provided by the Client or collected on the Client’s behalf, including Personal Information.
Confidential Information means any non-public information relating to either party.
Fees means all charges payable for the Services.
Personal Information has the meaning given in the Privacy Act 2020.
Privacy Act means the Privacy Act 2020 (NZ).
Services means all marketing, design, branding, communication, content creation, automation, website development, data management, campaign delivery, and related professional services supplied by FINERGY, as outlined in a proposal, scope of work, subscription description, or otherwise agreed in writing.
Headings are for convenience only and do not affect interpretation.
2. Application of these Terms
These Terms apply to all Services provided by FINERGY and replace all previous terms of trade.
Any terms included in the Client’s documents do not apply unless FINERGY agrees to them in writing.
FINERGY may update these Terms from time to time and will give at least 14 days’ notice of any material changes.
3. Provision of Services
FINERGY will provide the Services with reasonable care and skill, in line with industry standards.
Any timeframes provided are estimates unless agreed otherwise in writing.
FINERGY may rely on information supplied by the Client and is not responsible for delays caused by late, incomplete, or inaccurate information.
4. Authorisation
The Client authorises FINERGY to rely on instructions, approvals, or requests from any person who the Client represents, or who reasonably appears to FINERGY to be authorised to act on the Client’s behalf.
FINERGY does not need to verify that authority unless there is a reasonable reason to do so.
The Client is responsible for obtaining all licences, permissions, permits, and consents required in connection with the Services, unless otherwise agreed in writing.
5. Client Responsibilities
The Client must:
provide accurate and timely information required to deliver the Services;
review and approve content or materials within requested timeframes; and
ensure instructions provided to FINERGY are lawful and appropriate.
The Client warrants that all Client Data supplied to FINERGY:
has been collected lawfully;
is accurate and up to date; and
may be used for the purposes of the Services, including electronic communications.
6. Client Content Selection / Approvals
If the Services include monthly or recurring content or communications (such as newsletters, email campaigns, or social media content), the following applies:
FINERGY will notify the Client when content selections, instructions, or approvals are required.
Selections and approvals must be provided within the relevant calendar month, unless agreed otherwise in writing before that month begins.
If the Client does not provide selections, instructions, or approvals on time, FINERGY may, at its discretion:
prepare draft content using standard material that fits within the agreed Services (but will not send or publish it without approval); or
skip issuing content for that month.
Where the Services include social media content and the Client does not provide content selections, instructions, or approvals within the relevant timeframe, FINERGY may, at its discretion, prepare and publish social media content on the Client’s behalf, including generic or custom content, that FINERGY reasonably considers suitable for the Client and consistent with the agreed Services.
FINERGY will not knowingly publish content that is misleading, unlawful, or inconsistent with the Client’s stated brand or regulatory requirements.
Monthly Fees still apply whether or not content is issued.
Missing a selection or approval does not pause, cancel, or roll over the Services.
7. Changes to Services or Frequency
FINERGY may make reasonable changes to the Services, including the scope, format, delivery method, or frequency, where required for operational, regulatory, or commercial reasons.
If a change materially affects the nature or frequency of the Services, FINERGY will give reasonable notice.
If the Client requests changes to the Services or frequency, those changes must be agreed in writing and will take effect on one month’s written notice, unless otherwise agreed. Any changes may result in an adjustment to Fees.
FINERGY is not required to implement changes that materially alter the Services without updating Fees, delivery timelines, or both.
8. Fees and Payment
Fees are payable in New Zealand dollars unless stated otherwise. Invoices must be paid by the due date shown on the invoice. FINERGY may charge interest on overdue amounts at 2% per month.
The Client must pay all amounts owing to FINERGY in full and on time, including charges for Services already provided. The Client agrees to reimburse FINERGY for any reasonable costs incurred in recovering overdue amounts or protecting its rights, including legal and debt-collection costs.
Payment obligations continue until all outstanding amounts are paid, even if this agreement has been terminated. FINERGY may suspend Services if payment is overdue.
If the Client disputes an invoice, the Client must notify FINERGY in writing before the due date and provide the reason for the dispute. Any undisputed portion of the invoice must still be paid on time.
Monthly or recurring fees apply even if the Client does not select content, respond, or provide instructions during a particular month.
9. Third-party Services and Platforms
FINERGY may use third-party platforms and tools to deliver the Services, including email, automation, analytics, and hosting services.
FINERGY does not control and is not responsible for the performance, availability, outages, data loss, changes, or discontinuation of third-party services.
Third-party fees are the responsibility of the Client unless agreed otherwise in writing.
If FINERGY pays for third-party software or services on the Client’s behalf, the Client agrees to reimburse those costs unless agreed otherwise in writing.
10. Intellectual Property
Each party retains ownership of any intellectual property it owned before the Services began.
FINERGY owns all intellectual property created by FINERGY in providing the Services.
Once all Fees are paid, FINERGY grants the Client a non-exclusive, perpetual licence to use deliverables created specifically for the Client for the Client’s internal business purposes.
FINERGY may reuse non-confidential know-how, templates, methodologies, and generic materials.
11. Confidentiality
Each party must keep the other party’s Confidential Information confidential and use it only for the purposes of the Services.
These confidentiality obligations continue after the Services end.
12. Data Handling
Where FINERGY processes Personal Information on behalf of the Client, the Client remains responsible for ensuring all required consents have been obtained.
FINERGY will take reasonable steps to protect Personal Information from loss, unauthorised access, misuse, or disclosure.
If a notifiable privacy breach occurs, FINERGY will notify the Client as soon as reasonably practicable and cooperate with required notifications.
The Client acknowledges that FINERGY may use third-party providers, including providers that store or process data outside New Zealand, where reasonable safeguards are in place.
Upon termination, FINERGY may retain Client Data for legal, compliance, or record-keeping purposes and may delete or anonymise data that is no longer required.
FINERGY’s Privacy Policy forms part of these Terms and is available at: https://www.finergy.co.nz/privacy-policy
13. Privacy Information
Use of information about you:
You agree that any information you provide to us may be used by us for purposes connected with our business, including providing the Services, communicating with you, and sending marketing communications to your clients on your behalf in accordance with your instructions and where permitted by law.
Storage and access rights
Any personal information we hold is stored on FINERGY’s servers and/or in secure cloud storage. You have the right to access and request correction of your personal information in accordance with the Privacy Act 2020.
Client-supplied personal information
FINERGY’s Services may involve the use of personal information relating to your existing clients, prospective clients, or referral partners (for example, in connection with email and marketing campaigns). You authorise FINERGY to access, review, copy, and store such information as reasonably required to provide the Services.
Before providing us with any such personal information, you confirm that:
you have obtained all necessary consents under the Privacy Act 2020 (including appropriate disclosures in your own privacy statement, such as reference to contractors or consultants engaged by your practice); and
you will comply at all times with your own obligations under the Privacy Act 2020.
14. Unsolicited Electronic Messages Act 2007
Communications sent by FINERGY on behalf of the Client
Where FINERGY sends electronic communications on behalf of the Client (including newsletters, email campaigns, or other client communications), the Client confirms that:
all recipients have provided valid consent to receive those communications in accordance with the Unsolicited Electronic Messages Act 2007; and
the contact details provided to FINERGY are accurate and up to date.
FINERGY sends these communications as a service provider acting on the Client’s instructions.
FINERGY will ensure that all commercial electronic messages sent through FINERGY systems include a functional unsubscribe facility that complies with the Act.
FINERGY may decline to send communications if doing so would reasonably expose FINERGY to legal or regulatory risk.
Communications sent by FINERGY to the Client
The Client agrees that FINERGY may send communications reasonably required to provide the Services, including service notifications, approval requests, project updates, system notices, and administrative messages.
These communications are not marketing messages and do not require an unsubscribe facility.
15. Indemnity
The Client indemnifies FINERGY against all losses, claims, liabilities, costs, and expenses (including legal costs) arising from:
a breach of these Terms by the Client;
any claim that Client Data or Client-supplied content infringes third-party rights; or
FINERGY acting on the Client’s instructions or approvals.
This indemnity continues after the Services end.
16. Limitation of Liability
To the maximum extent permitted by law, FINERGY is not responsible for indirect or consequential loss, loss of profit or revenue, or loss of data.
FINERGY’s total aggregate liability arising out of or in connection with the Services, whether in contract, tort (including negligence), equity, statute, or otherwise, is limited to the total Fees paid by the Client to FINERGY in the two months preceding the event giving rise to the claim.
FINERGY is not responsible for compliance failures arising from inaccurate, outdated, or unlawfully obtained Client Data supplied by the Client.
Nothing in these Terms limits or excludes our liability for fraud, wilful misconduct, or any liability that cannot be excluded under New Zealand law.
17. Consumer Guarantees Act and Fair Trading Act
If the Client acquires the Services in trade (as defined in the Consumer Guarantees Act 1993), the Client agrees that the Consumer Guarantees Act 1993 does not apply.
Nothing in these Terms excludes liability for misleading or deceptive conduct that cannot be excluded under the Fair Trading Act 1986.
18. Termination
Either party may terminate the Services by giving one month’s written notice.
FINERGY may terminate immediately if the Client materially breaches these Terms or fails to pay Fees when due.
Termination does not affect accrued rights or payment obligations up to the end of the notice period.
19. Force majeure
Neither party is responsible for delays or failure to perform due to events outside its reasonable control, including natural disasters, government actions, major platform outages, or infrastructure failures.
20. General
Timeframes
The Client acknowledges that FINERGY’s ability to deliver the Services within agreed timeframes depends on the Client providing information, approvals, instructions, and payments on time.
Non-waiver
If FINERGY does not enforce any right under these Terms on one occasion, this does not waive its right to enforce that right on any other occasion.
Assignment
The Client may not assign or transfer its rights or obligations under these Terms without FINERGY’s prior written consent.
FINERGY may assign or transfer its rights or obligations under these Terms and will notify the Client if it does so.
Dispute resolution
If a dispute arises, the parties will attempt to resolve it through good-faith discussions.
If unresolved after 20 business days, either party may refer the dispute to mediation before commencing court proceedings, unless urgent relief is required.
Governing law
These Terms are governed by the laws of New Zealand, and the parties submit to the exclusive jurisdiction of the New Zealand courts.
Severability
If any provision of these Terms is invalid or unenforceable, that provision will be severed and the remaining provisions will continue in full force.
Entire agreement
These Terms constitute the entire agreement between the parties and supersede all prior discussions, representations, agreements, or understandings relating to their subject matter.
Order of precedence
If there is any inconsistency between these Terms and any proposal, quote, scope of work, or similar document, these Terms will prevail unless expressly agreed otherwise in writing.
For more information or if you have any queries about the above Terms and Conditions of Trade, please contact FINERGY. Our contact and office details are below:
FINERGY Ltd
027 66 999 20
support@finergy.co.nz
Level 15, Tower 1, The Shortland Centre, 51 Shortland Street, Auckland 1010, New Zealand
Last updated: February 2026
