FINERGY
FINERGY Terms and Conditions of Trade
FINERGY Limited is a company number 6217467 registered in New Zealand.
Our registered office is at Level 1 Jervois Road, Ponsonby, Auckland 1011, New Zealand.
1. Definitions
These terms and conditions (“Terms”) govern all supplies of goods and services (“Services”) by FINERGY Limited (“we”, “our”, “us”) to the client (“Client”, “you”, “your”).
These Terms replace all earlier terms of trade and take precedence over any terms contained in your documents that purport to have contractual effect.
We may vary these Terms from time to time, but will notify you at least 14 days in advance of any material changes affecting your rights or obligations.
“Services” means all automated marketing and client communications, email communications, website build, data management, content and social media services as outlined in the Proposal, or otherwise agreed in writing between us.
You will be deemed to have accepted and agreed to be bound by these Terms upon signing a Contract or Proposal, issuing a purchase order, instructing us to proceed with Services, or otherwise accepting delivery of the Services.
2. Authorisation
You agree that we are entitled to rely on any instructions or orders given by a person who appears to be authorised to act on your behalf, and we have no obligation to make further inquiries into that person’s authority.
It is your responsibility and at your risk to obtain all necessary or prudent authorisations, licences, permits, and consents in relation to the Services, unless otherwise expressly agreed in writing.
3. Intellectual Property and Confidential Information
All intellectual property that you provide to us remains your property. All intellectual property that we create in providing the Services remains our property. We grant you a non-exclusive, non-transferable licence to use FINERGY-created intellectual property solely for the operation of your own business.
You warrant that all instructions given to us will not cause us to infringe any patent, registered design, copyright, or trademark in the execution of your order, and you agree to indemnify us against any action taken by a third party in respect of any such infringement.
Both parties agree to keep each other’s confidential information secure and not to disclose it except as required to provide the Services or by law. Confidential information does not include information that is or becomes publicly available (other than through a breach of these Terms), was already known to the receiving party, or is independently developed without use of the disclosing party’s confidential information.
FINERGY’s Intellectual Property and Privacy Policy shall be adhered to at all times. You can find this here.
4. Charges and Payment
Our quoted charges are valid for the term of this agreement as specified in the Proposal.
Unless otherwise agreed in writing, you must pay all invoices in cleared funds by the due date specified on the invoice. All charges are stated in New Zealand dollars and are exclusive of GST, which will be added where applicable and is payable by you.
All payments must be made without set-off, deduction, or withholding to the bank account specified on our invoices.
If any amount remains unpaid after the due date, we may charge interest at 2% per month, compounding, until payment is received in full. You will also be liable for all costs incurred by us in recovering overdue amounts, including debt collection costs and legal costs on a solicitor/client basis.
If you dispute an invoice, you must notify us in writing before the due date, clearly stating the reasons for the dispute. You must still pay the undisputed portion by the due date.
5. Responsibilities
We will use reasonable skill and care to provide the Services in a timely and efficient manner and will make all reasonable efforts to ensure the Services are of a high quality.
Any advice, recommendations, information, assistance, or service we provide in relation to the Services is given in good faith, based on the information you provide to us and on our own knowledge at the time.
You are responsible for confirming the accuracy and reliability of any information provided, in light of how you intend to use the Services. You must provide us with all information, resources, access, and assistance that we reasonably require to enable us to perform the Services.
We are not responsible for, and accept no liability for, any deficiency or alleged deficiency in the Services that is attributable to:
incorrect or incomplete information provided by you;
your failure to provide relevant information, resources, or assistance; or
delays on your part in providing information, approvals, or instructions.
6. Indemnity
You agree to indemnify and hold harmless FINERGY, and its officers, employees, contractors, and agents, from and against any direct loss, cost, damage, or expense (including reasonable legal fees) that we incur as a direct result of:
your breach of these Terms;
any material you supply to us infringing the rights (including intellectual property rights) of a third party; or
your failure to comply with applicable laws.
This indemnity does not apply to the extent that any loss, cost, damage, or expense results from our negligence, wilful misconduct, or breach of these Terms.
Our rights under this indemnity are subject to the limitation of liability set out in these Terms.
7. Limitation of Liability
Except as provided in these Terms, under no circumstances will FINERGY or its officers, employees, contractors, or agents be liable in contract, tort (including negligence), equity, statute, or otherwise for any indirect, consequential, or special loss, or for any loss of profits, revenue, goodwill, or data.
If for any reason we are liable to you, our total aggregate liability arising out of or in connection with the Services (whether in contract, tort, equity, statute, or otherwise) will be limited to NZ$10.
Nothing in these Terms limits or excludes our liability for fraud, wilful misconduct, or any liability that cannot be excluded under New Zealand law.
8. Consumer Guarantees Act 1993 & Fair Trading Act 1986
Where you acquire the Services in trade (that is, for the purposes of a trade or business):
you agree that the guarantees and remedies provided under the Consumer Guarantees Act 1993 do not apply; and
to the extent permitted by law, both parties agree that sections 9, 12A, and 13 of the Fair Trading Act 1986 do not apply.
Both parties acknowledge that this contracting out is fair and reasonable.
9. 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 (but not limited to) direct marketing, debt collection, credit reporting, or credit assessment.
Disclosure to third parties
You authorise us to disclose such information to external agencies or third parties for credit information and assessment purposes. Those agencies or parties may continue to use that information as part of their business services.
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 us 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.
10. Unsolicited Electronic Messages Act 2007
Our communications
In accordance with the Unsolicited Electronic Messages Act 2007, you consent to receiving communications from us that are reasonably required to provide the Services - including service notifications, project updates and administrative messages. These are not considered “commercial emails” for the purposes of the Act and do not require an unsubscribe facility.
You also consent to receiving commercial marketing emails from us (such as newsletters or promotional updates). Consent may be explicit, inferred, or deemed. Unless you tell us otherwise, we will infer that you consent to us sending you such commercial emails from time to time. You may withdraw your consent to commercial emails at any time by emailing support@finergy.co.nz or by using the unsubscribe facility provided in those communications.
Your communications
You confirm that any email addresses or contact details you provide to us for use in connection with the Services comply with the requirements of the Unsolicited Electronic Messages Act 2007, including that:
you have obtained the necessary consents from each recipient; and
the contact details are accurate and current.
We will ensure that all commercial emails sent through FINERGY systems include a functional unsubscribe facility in compliance with the Act.
11. General
Time is of the essence
You agree that time is of the essence in respect of your obligations to us.
Non-waiver
If we do not enforce any of our rights under these Terms on one occasion, that does not mean we waive the right to enforce them on another occasion.
Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We will notify you if we assign or transfer our rights or obligations under these Terms.
Governing law
These Terms are governed by New Zealand law, and the parties submit to the non-exclusive jurisdiction of the New Zealand courts.
Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
Entire agreement
These Terms constitute the entire agreement between us and replace any prior representations, agreements, or understandings relating to their subject matter.
12. Termination
The Client will provide FINERGY with one month’s written notice, at any time during the term of this agreement if it no longer wishes to receive the Services from FINERGY. If this occurs, the Client must pay all fees for work done by FINERGY, and any other charges incurred, up until the termination date.
13. Payment Terms
In utilising our Services, you agree to make punctual payment of all monies presently owing or which in the future become owing for any goods and/or Services provided. You also agree to pay all costs, charges, and expenses (legal or otherwise) incurred by us in connection with obtaining or attempting to obtain payment of amounts owing, or the enforcement or protection of this guarantee.
You confirm that a payment guarantee is given in accordance with the following terms: this guarantee is a continuing one and remains in full force and effect until all amounts due have been paid in full, and it is irrevocable until discharged in writing by us.
FINERGY may obtain credit information about the company, its principals, and directors (if any) from credit referees and credit reference agencies. This information is collected to assist us in assessing your credit status, and failure to provide it may result in credit being refused.
Any credit information we collect will be handled in accordance with the Privacy Act 2020, and you have the right to access and request correction of any personal information we hold about you.
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 CBD 1010
Last updated July 2025
