Terms of Service

1 Acceptance of Terms

By accessing avtrix.co.nz or any subdomain, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms apply to all visitors, users, and clients.

If you are engaging services on behalf of a business entity, you represent that you have authority to bind that entity to these Terms.

2 Our Services

Avtrix Software Solutions Limited provides AI solutions, business automation, custom software development, data and business intelligence, enterprise integration, digital platforms, and managed technology services to businesses in New Zealand and internationally.

The specific scope, deliverables, timelines, and terms of each client engagement are agreed in writing through a Statement of Work, Project Proposal, or Service Agreement before work commences. In the event of any conflict between these Terms and a signed Project Agreement, the Project Agreement shall take precedence.

3 Website Use

You may use our website for lawful purposes only. You must not:

• Use the website in any way that breaches any applicable local, national, or international law or regulation
• Transmit any unsolicited or unauthorised advertising or promotional material
• Attempt to gain unauthorised access to any part of the website, server, or database
• Use automated tools to scrape, crawl, or extract content from the website without prior written consent
• Introduce any viruses, malware, or other harmful material
• Misrepresent your identity or affiliation with any organisation

We reserve the right to restrict or terminate access to our website at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties.

4 Intellectual Property

All content on this website — including text, graphics, logos, icons, images, and the Avtrix brand identity — is the property of Avtrix Software Solutions Limited and is protected by New Zealand and international intellectual property laws.

You may not reproduce, distribute, modify, or create derivative works from any content on this website without our prior written consent.

Any open-source components used in client deliverables are subject to their respective open-source licences, which will be disclosed in the project documentation.

5 Client Engagements

All client engagements are subject to a written agreement (Statement of Work or Project Agreement) signed by both parties before work begins. These Terms supplement — but do not replace — any such agreement.

Clients are responsible for:

• Providing accurate, complete, and timely information required for the project
• Making key stakeholders available for reviews, feedback, and approvals within agreed timeframes
• Ensuring they have the legal right to share any data, content, or materials provided to Avtrix
• Obtaining any necessary third-party licences or permissions required for the project

Delays caused by a client's failure to meet these responsibilities may result in revised timelines and additional costs, which will be communicated and agreed in writing before any additional charges are applied.

6 Payment Terms

Payment terms for all engagements are set out in the relevant Project Agreement or invoice. Standard payment terms are:

• Invoices are due within 14 days of issue unless otherwise agreed in writing
• All amounts are in New Zealand Dollars (NZD) and are inclusive of or exclusive of GST as indicated on each invoice
• Late payments may be subject to a late payment fee as specified in the Project Agreement
• Avtrix reserves the right to suspend work on projects where payment is overdue by more than 14 days, following written notice

For enquiries regarding invoicing, please contact contact@avtrix.co.nz.

7 Confidentiality

Both parties agree to keep confidential any information designated as confidential or that is reasonably understood to be confidential given the nature of the information. This includes business information, technical data, trade secrets, financial information, and client data.

Confidentiality obligations do not apply to information that:

• Is or becomes publicly known through no fault of the receiving party
• Was already known to the receiving party at the time of disclosure
• Is required to be disclosed by law or a regulatory authority

Confidentiality obligations survive the termination of any engagement for a period of 3 years, unless otherwise agreed in writing.

8 Limitation of Liability

To the maximum extent permitted by New Zealand law, Avtrix's total liability to you in connection with these Terms or any client engagement shall not exceed the total fees paid by you to Avtrix in the 12 months preceding the claim.

Avtrix shall not be liable for any:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, business, or goodwill
• Damages resulting from third-party service failures (e.g. cloud platform outages, API changes)
• Damages arising from your use of AI-generated outputs without appropriate human review

9 Warranties & Disclaimers

Our website and its content are provided on an "as is" and "as available" basis without warranties of any kind, express or implied. We do not warrant that the website will be uninterrupted, error-free, or free of viruses.

AI systems and automated outputs provided as part of our services are tools to assist human decision-making, not replacements for professional judgement. Avtrix makes no warranty as to the accuracy or completeness of AI-generated outputs, and clients are responsible for reviewing and validating all AI outputs before acting on them.

Website content is for general information purposes only and does not constitute professional legal, financial, or technical advice.

10 Termination

Either party may terminate a client engagement in accordance with the termination provisions set out in the relevant Project Agreement. In the absence of specific termination provisions:

• Either party may terminate an engagement by giving 30 days written notice
• Upon termination, the client shall pay for all work completed up to the termination date, plus any reasonable costs incurred and committed
• Avtrix will deliver all completed work and client-owned data within 14 days of termination

Avtrix reserves the right to immediately suspend or terminate services where a client is in material breach of these Terms or a Project Agreement and fails to remedy the breach within 10 business days of written notice.

11 Governing Law

These Terms and any dispute arising out of or in connection with them shall be governed by and construed in accordance with the laws of New Zealand. You submit to the exclusive jurisdiction of the New Zealand courts.

Relevant New Zealand legislation that may apply includes but is not limited to: the Contract and Commercial Law Act 2017, Consumer Guarantees Act 1993, Fair Trading Act 1986, Privacy Act 2020, and Copyright Act 1994.

12 Disputes

If a dispute arises between you and Avtrix, we encourage you to contact us first to seek an informal resolution. Most issues can be resolved quickly through open communication.

If a dispute cannot be resolved informally within 20 business days of written notice, either party may refer the matter to mediation through the Resolution Institute or a mediator agreed by both parties. The costs of mediation shall be shared equally unless otherwise agreed.

If mediation fails to resolve the dispute, either party may pursue their legal remedies through the New Zealand courts.

13 Contact Us

If you have any questions about these Terms of Service, please contact us: