Terms of Trade
Version 1.1 - June 2026
- DEFINITIONS
1.1. In this agreement:
"Business Hours" means 7:00am to 6:00pm Monday to Friday, excluding public holidays.
"Company", "we", "our" and "us" means Taskhound Ltd (NZBN 9429053210821, Licensed Building Practitioner BP139513), our permitted assigns and successors, and where the context permits includes our employees and subcontractors.
"Customer", "you" and "your" means the customer named in the Statement of Work.
"Force Majeure Event" means any event or circumstance beyond the Company's reasonable control, including but not limited to: (a) Acts of God (earthquake, flood, storm, fire, landslide) (b) Pandemic, epidemic, or public health emergency (c) War, terrorism, sabotage, or civil unrest (d) Strike, industrial action, or labour disputes (e) Government action, law changes, or regulatory restrictions (f) Supply chain failure or material unavailability (g) Utility failure (power, water, telecommunications) (h) Extreme weather preventing safe work
"Goods" means any materials or goods supplied by the Company to the Customer.
"In Writing" includes email and SMS communications.
"PPSA" means the Personal Property Securities Act 1999.
"Restricted Work" means work requiring a licensed tradesperson under the Building Act 2004, Electricity Act 1992, or Plumbers, Gasfitters, and Drainlayers Act 2006.
"Statement of Work" means the written quote, job description, or work order provided by the Company and accepted by the Customer.
"Warranty Period" means the warranty period set out in the manufacturer's warranty for the relevant Goods.
"Working Day" has the meaning in the Business Days Act 1980.
"Workmanship" means the services and labour performed by the Company under this agreement.
"Workmanship Warranty" has the meaning set out in clause 16.2.
"Works" means all Goods, Workmanship and subcontractors' services supplied by the Company to the Customer.
- PAYMENTS
2.1. Payment Terms
The Customer must make all payments by the due date specified on the invoice unless otherwise arranged in advance and confirmed In Writing by the Company.
2.2. GST
All prices and rates quoted exclude GST unless specifically stated otherwise. GST will be added to all invoices as required by the Goods and Services Tax Act 1985.
2.3. Deposits and Advances
(a) For Works valued over $2,000, the Company may require a deposit of up to 30% before commencement (b) Progress payments may be required at agreed milestones for Works exceeding $5,000 (c) The Company may withdraw or refuse credit facilities or require payment of a deposit before any Works are provided
2.4. Estimates and Quotes
(a) Estimates are indicative pricing only and are not binding. Actual costs may vary based on site conditions, scope clarification, and materials required (b) Quotes are fixed prices valid for 30 days from the date of issue unless otherwise stated. Quotes become binding upon Customer acceptance (c) The Company will clearly mark documents as "Estimate" or "Quote" (d) If an Estimate is provided and actual costs are likely to exceed the estimated amount by more than 15%, the Company will notify the Customer before proceeding
2.5. Quote Acceptance
A quote becomes a binding contract when: (a) The Customer signs and returns the quote; or (b) The Customer provides written acceptance (email/SMS); or (c) The Customer requests work to commence; or (d) The Company commences work with the Customer's knowledge
2.6. Price Variations
The Company reserves the right to adjust the price of the Works if: (a) The Statement of Work is changed; or (b) Additional Works are required due to discovery of hidden or unforeseen difficulties (including but not limited to poor weather conditions, poor access to site, unavailability of machinery, unsafe conditions, incomplete work by third parties, hidden building defects, specification changes, obstructions, hidden services); or (c) There are increases in the cost of labour, subcontractors' services or Goods beyond the Company's control
- PRICING AND SERVICE RATES
3.1. Standard Pricing
(a) Standard Work (Mon-Fri, 7am-6pm): $70-$105/hour + GST (b) Emergency Work (Outside standard hours, response within 1 hour inside of 7km from base): $300/hour + GST (c) Call-out Fee: $40 per address visited + GST (d) Materials and Subcontractors: Cost + 10%
3.2. Emergency Work
"Emergency Work" means work performed outside standard hours (before 7:00am or after 6:00pm Monday to Friday, all day Saturday, Sunday, and public holidays), or any work during standard hours requiring a response within 1 hour of request.
3.3. Minimum Charge
A minimum charge of one hour applies to all Works, regardless of actual time taken. Time after the first hour is charged in 15-minute increments.
3.4. Rate Adjustments
The Company reserves the right to adjust rates for: (a) Difficult access requiring additional time or equipment (b) Jobs requiring specialised equipment or machinery (c) Multi-storey or elevated work requiring additional safety measures (d) Paid parking or access costs
3.5. Travel Time
(a) Travel within 7 kilometres of the nearest Taskhound base is included at no additional charge. (b) Where the work address is beyond 7 kilometres by road from the nearest Taskhound base, travel is charged at $1.30 per kilometre + GST for each kilometre beyond the first 7. (c) Travel charges are in addition to the applicable hourly rate and call-out fee.
- CANCELLATION AND RESCHEDULING
4.1. Customer Cancellation Notice
Customer cancellation or rescheduling must be notified to the Company In Writing (email or SMS accepted).
4.2. Cancellation Fees
(a) Less than 4 hours notice: Full call-out fee ($40) plus one hour charge at applicable rate (b) 4 to 24 hours notice: $20 administration fee (c) More than 24 hours notice: No charge
4.3. Customer No-Show
If the Customer is not present at the scheduled time or denies access: Full call-out fee plus one hour charge at applicable rate applies.
4.4. Cancellation Before Work Scheduled
If the Customer cancels after accepting a quote but before work is scheduled: (a) No charge if materials have not been ordered (b) If materials have been ordered, Customer pays material costs plus 10% restocking fee (c) Custom-ordered materials (non-returnable) must be paid in full
4.5. Company Cancellation Rights
The Company may cancel or reschedule Works due to: (a) Unsafe weather conditions (b) Unsafe site conditions (c) Customer failure to meet obligations under these terms (d) Emergency or Force Majeure Events
4.6. Company Cancellation Terms
Company cancellations under clause 4.5 incur no charge and Works will be rescheduled at no additional cost to the Customer.
4.7. Weather Delays
If work is partially completed when suspended due to weather: (a) Customer pays for work completed to that point (b) No call-out fee charged for rescheduled completion (c) Materials on-site remain Company property until paid
- INSURANCE
5.1. Public Liability Insurance
The Company maintains public liability insurance of no less than $5,000,000 per occurrence. Insurance certificate available on request.
- SITE SAFETY AND CUSTOMER OBLIGATIONS
6.1. Health and Safety at Work Act Compliance
The Customer acknowledges that under the Health and Safety at Work Act 2015: (a) Where the Customer is a business, the Customer is a Person Conducting a Business or Undertaking (PCBU) in relation to their property and both parties have overlapping duties to ensure health and safety at the work site (b) Where the Customer is a residential consumer, the Customer has a general duty of care to provide a safe working environment (c) The Company is a PCBU in relation to performing the Works (d) Both parties must cooperate, coordinate, and communicate to ensure compliance
6.2. Customer Safety Obligations
The Customer must: (a) Provide a safe working environment at the work site (b) Secure all pets in a safe location away from the work area before the Company arrives (c) Remove or protect valuable, fragile, or personal items from the work area (d) Provide free, safe access to the work site including adequate lighting (e) Provide access to utilities required for the Works including electricity, water, and waste disposal at no charge to the Company (f) Notify the Company immediately of any known hazards including but not limited to: (i) Asbestos or asbestos-containing materials (ii) Mould, contamination, or hazardous substances (iii) Structural instability or unsafe building elements (iv) Electrical hazards or untagged/unsafe electrical equipment (v) Underground services (see clause 7) (vi) Fragile surfaces (roofs, floors, ceilings) (vii) Working at heights requirements (viii) Confined spaces (ix) Presence of vulnerable persons (elderly, children) or animals requiring special consideration (g) Ensure any other contractors or persons on site are aware of the Company's presence and work activities (h) Not interfere with safety controls, barriers, or signage installed by the Company
6.3. Company Safety Obligations
The Company will: (a) Conduct a site-specific risk assessment before commencing work (b) For high-risk work (working at heights over 3 metres, confined spaces, electrical work, structural work), prepare a site-specific safety plan before commencing (c) Provide appropriate personal protective equipment to its workers (d) Install safety barriers, signage, or controls as required (e) Comply with all relevant health and safety regulations
6.4. Right to Refuse or Stop Work
The Company may refuse to commence work, or may immediately cease work without penalty, if: (a) The site is unsafe or does not meet minimum safety standards (b) Required safety equipment or controls cannot be implemented (c) Hazards have not been adequately disclosed or managed (d) Weather or environmental conditions make work unsafe (e) The Customer breaches their health and safety obligations under this clause (f) Safe work method statements or permits cannot be complied with
6.5. Consequences of Work Refusal or Cessation
If work is refused or ceased under clause 6.4: (a) This does not constitute breach of contract by the Company (b) The Company is entitled to payment for: (i) All work completed to the point of cessation (ii) Call-out fee under clause 3.1(d) (iii) Time spent conducting risk assessment (c) Works may only resume once safety issues are remedied to the Company's satisfaction (d) Any delay caused is a Force Majeure Event under clause 17
6.6. Accuracy of Customer Information
(a) The Customer warrants that all information provided regarding site conditions, measurements, plans, underground services, and hazards is accurate and complete (b) The Company may rely on information provided by the Customer without independent verification (c) If information provided by the Customer is inaccurate, the Company accepts no responsibility for any loss, damage, or cost resulting from such inaccuracy
6.7. Customer Indemnity
The Customer indemnifies the Company against all claims, losses, damages, costs, and fines arising from: (a) Undisclosed hazards or site conditions (b) Customer breach of Health and Safety at Work Act 2015 obligations (c) Inaccurate information provided by the Customer (d) Injuries or damage resulting from Customer failure to secure pets, remove hazards, provide safe access, or notify the Company of known risks (e) Interference with safety controls installed by the Company
- UNDERGROUND SERVICES AND SITE CONDITIONS
7.1. Underground Services Identification
Prior to the Company commencing any work, the Customer must: (a) Advise the Company of the precise location of all underground services on the site (b) Clearly mark the locations (c) Identify all underground mains and services including but not limited to telephone cables, fibre optic cables, electrical services, gas services, sewer services, pumping services, sewer connections, water mains, irrigation pipes, and oil pumping mains
7.2. Underground Services Indemnity
Whilst the Company will take all reasonable care to avoid damage to any underground services, the Customer agrees to indemnify the Company against all liability claims, losses, damages, costs, and fines arising from damage to services not precisely located and notified under clause 7.1.
7.3. Customer Measurement Responsibility
If the Customer provides information relating to measurements and quantities of Goods required, it is the Customer's responsibility to verify the accuracy before the Company places orders based on such measurements and quantities.
- ACCESS AND KEYS
8.1. Site Access
The Customer must ensure the Company has clear, unimpeded access to the work site at the scheduled time. The Company is not liable for damage to pathways, driveways, concreted, paved or grassed areas except where caused by Company negligence.
8.2. Keys and Access Codes
If keys or access codes are provided: (a) The Company will return keys immediately upon completion of Works (b) Lost or damaged keys while in Company possession will be replaced at Company cost (c) Keys may be collected from and returned to a lockbox or alternative secure location as agreed
8.3. Customer Incorrect Access Information
If the Customer provides incorrect keys or access codes resulting in wasted travel time, the call-out fee and minimum charge under clause 3 applies.
8.4. Access Denial
Access denied at the scheduled time constitutes a no-show under clause 4.3.
8.5. Parking
The Customer must provide free on-site parking where available. Paid parking costs incurred by the Company will be recharged to the Customer at cost.
8.6. Waste Removal
(a) Unless otherwise stated in the Statement of Work, waste removal is not included in the quoted price (b) The Company will remove all construction waste, debris, and packaging from the work site upon completion (c) Waste removal will be charged at cost plus any applicable tip fees (d) The Customer must provide reasonable access for waste removal including skip bin placement if required (e) Hazardous waste disposal (e.g., asbestos, treated timber, chemicals) will be quoted separately and disposed of in accordance with applicable regulations
- ADDITIONAL AND UNFORESEEN WORK
9.1. Discovery of Additional Work
If during the course of Works the Company discovers: (a) Additional work is required beyond the original scope; or (b) Hidden defects, hazards, or site conditions affecting the Works; or (c) Work cannot be completed as specified due to unforeseen circumstances; the Company will immediately notify the Customer and provide a revised quote for the additional work.
9.2. Customer Response Period
The Customer has 24 hours to accept or decline the revised quote.
9.3. Declined Additional Work
If the Customer declines additional work, the Company will: (a) Complete work to a safe stopping point (b) Invoice for work completed to that point (c) Not be liable for incomplete Works or any consequential issues arising from stopping work
9.4. Emergency Additional Work
If additional work creates an immediate safety or compliance risk, the Company may proceed with essential work to make the site safe and will notify the Customer as soon as practicable.
9.5. Liability for Unforeseen Conditions
The Company is not liable for delays or additional costs arising from unforeseen site conditions or hidden defects.
- MATERIALS AND TITLE
10.1. Retention of Title
Title in all materials and goods supplied by the Company remains with the Company until payment is received in full for all Works.
10.2. PPSA Registration
For Works where materials exceed $1,500 in value, the Company may register a security interest under the Personal Property Securities Act 1999 ("PPSA").
10.3. Customer Obligations for PPSA
Where clause 10.2 applies, the Customer must: (a) Provide any information reasonably required to register a financing statement (b) Notify the Company In Writing within 14 Working Days of any change in name, address, or business details (c) Not remove, sell, or dispose of goods subject to security interest without Company consent
10.4. PPSA Waivers
The Customer waives rights to receive verification statements under PPSA and agrees that to the extent permitted by law: (a) Sections 114(1)(a), 117, 133 and 134 of the PPSA do not apply (b) The Company's rights under this agreement are in addition to PPSA rights
10.5. Recovery of Unpaid Goods
After 14 days payment default and with 48 hours written notice, the Company may enter premises during Business Hours to recover goods where title has not passed.
10.6. Limitation on Recovery Liability
The Company is not liable for costs or damage arising from goods recovery unless due to Company negligence.
- INVOICING, PAYMENT AND DEFAULT
11.1. Accepted Payment Methods
The Company accepts payment by: (a) Direct bank transfer (preferred method) (b) Credit or debit card (c) Cash on-site
11.2. Invoice Issue
Invoices are issued upon completion of Works with photo evidence attached where applicable.
11.3. Payment Due Date
Payment is due within 7 days of invoice date unless alternative terms are agreed In Writing.
11.4. Immediate Payment
For same-day or urgent work, payment may be required on completion before the Company leaves site.
11.5. Late Payment Interest
Interest is charged on all overdue amounts at 1.5% per month (18% per annum, calculated daily) from the due date until payment is received in full.
11.6. Debt Recovery Costs
The Customer agrees to pay all reasonable costs incurred by the Company in recovering overdue amounts, including debt collection agency fees and legal costs.
11.7. Account Terms for Commercial Customers
(a) Commercial customers, property managers, and body corporates may apply for account terms with monthly invoicing (b) Account applications are subject to Company approval at its sole discretion (c) Credit limits and payment terms (e.g., 20th of the month following invoice) are determined by the Company based on: (i) Trading history (ii) Volume of work (iii) Payment track record (d) Account terms may be withdrawn or varied at any time with 14 days written notice
11.8. Account Terms Conditions
(a) All individual job invoices are consolidated into a monthly statement (b) Payment due by the specified monthly due date (typically 20th of following month) (c) Interest under clause 11.5 applies to any overdue amounts from the monthly due date (d) The Company may suspend account terms and revert to payment-on-completion if: (i) Payment is overdue by more than 7 days (ii) Credit limit is exceeded (iii) Customer's trading circumstances change materially
11.9. Retention for Larger Works
For Works over $5,000, the Customer may retain up to 5% of the total invoice amount ("Retention") pending: (a) Final inspection and acceptance of Works (b) Retention must be paid within 10 Working Days of final acceptance (c) If no defects are notified within 10 Working Days, Retention becomes immediately payable
- CONSTRUCTION CONTRACTS ACT 2002
12.1. Application Threshold
This clause applies to all construction contracts as defined by the Construction Contracts Act 2002.
12.2. Suspension Rights
The Customer acknowledges that the Company has the right to suspend work within five (5) Working Days of written notice of its intent to do so if a payment claim is served on the Customer and: (a) The payment is not paid in full by the due date for payment and no payment schedule has been given by the Customer; or (b) A schedule amount stated in a payment schedule issued by the Customer in relation to the payment claim is not paid in full by the due date for its payment; or (c) The Customer has not complied with an adjudicator's notice that the Customer must pay an amount to the Company by a particular date, and the Company has given written notice to the Customer of its intention to suspend performance of the Works
12.3. Effect of Suspension
If the Company suspends the Works, it: (a) Is not in breach of contract; and (b) Is not liable for any loss or damage whatsoever suffered by the Customer or by any person claiming through the Customer; and (c) Is entitled to extensions of time to complete the Works; and (d) Retains its rights under this agreement including the right to terminate the agreement, and may at any time lift the suspension, even if the amount has not been paid or an adjudicator's determination has not been complied with
12.4. Rights Preserved
If the Company exercises the right to suspend the Works, the exercise of that right does not: (a) Affect any rights that would otherwise have been available to the Company; or (b) Entitle the Customer to exercise any rights that may otherwise have been available to the Customer as a direct consequence of the Company suspending the Works
- RESTRICTED AND LICENSED WORK
13.1. Licensed Work Requirements
Certain work requires licensed tradespeople under: (a) Building Act 2004 (restricted building work) (b) Electricity Act 1992 (electrical work) (c) Plumbers, Gasfitters, and Drainlayers Act 2006
13.2. Company Advice
The Company will advise if work requires a licensed professional ("Pro") rather than a general service provider ("Tasker").
13.3. Customer Obligations
The Customer must not request or permit unlicensed Restricted Work.
13.4. Right to Cease Work
The Company may immediately cease work without penalty if unlicensed Restricted Work is requested or discovered.
- BUILDING ACT COMPLIANCE
14.1. Building Consent Requirements
Where Works constitute "building work" under the Building Act 2004: (a) The Company will advise if building consent is required (b) The Customer is responsible for obtaining building consent unless otherwise agreed In Writing (c) Works will not commence until consent is issued (if required) (d) The Customer must pay any council fees, engineer fees, or consent-related costs
14.2. Licensed Building Practitioner Obligations
The Company is a Licensed Building Practitioner (BP139513) and will: (a) Provide a Record of Work for all restricted building work under Section 88 of the Building Act 2004 (b) Ensure all restricted building work is performed or supervised by licensed practitioners (c) Provide copies of Records of Work to the Customer within 5 Working Days of completion
14.3. Residential Building Work Disclosure
For residential building work under Section 362A of the Building Act 2004, the Customer acknowledges being advised that: (a) Residential building work under $30,000 is not covered by the residential building work disclosure regime (b) The Company is a Licensed Building Practitioner (c) The Company holds appropriate insurance as specified in clause 5
- CONSUMER GUARANTEES ACT
15.1. Business Purpose Exclusion
Where Works are acquired by the Customer for business purposes (for use in trade or for resale), the parties acknowledge that sections 2, 3, 4, 5, 7, 8, 9 and 12A of the Consumer Guarantees Act 1993 do not apply.
15.2. Residential Consumer Work
For residential consumers, the Consumer Guarantees Act 1993 applies and nothing in this agreement limits the Customer's statutory rights under that Act.
- WARRANTIES
16.1. Company Warranties
The Company warrants that: (a) The Works will conform to the Statement of Work; and (b) The Goods will be free from material defects at the time of installation and for the Warranty Period
16.2. Workmanship Warranty
The Company will repair or make good any defects in its Workmanship arising within one year following completion of the Workmanship for which the defect is claimed ("Workmanship Warranty"). The Workmanship Warranty is subject to the following conditions: (a) The Company is not liable to carry out any remedial work under the Workmanship Warranty unless the Company receives written notice from the Customer of the claim within 5 Working Days after discovery of the defect (b) The Workmanship Warranty does not apply to the Goods (for which the Customer acknowledges clause 16.1(b) applies) (c) The Company's liability in respect of all claims arising from the Workmanship Warranty will be limited to the labour value of the Workmanship (d) The Workmanship Warranty does not cover any occurrence which would normally be covered by the Customer's public liability insurance or any other form of insurance (e) The Workmanship Warranty does not apply where alterations or repairs are made by the Customer or any third party to the Works without the knowledge and prior written consent of the Company (and without the Company first having the opportunity to remedy the defect to its satisfaction) (f) The benefit of the Workmanship Warranty is not assignable by the Customer to any other person (g) The Workmanship Warranty does not apply until the Works have been completed in full. Payment disputes do not void the Workmanship Warranty for otherwise compliant work
16.3. No Other Warranties
The Customer acknowledges that: (a) No representations or warranties about the subject matter of this agreement have been made by, or on behalf of, the Company other than those expressly set out in this agreement; and (b) The Customer has not relied on any representations or warranties about the subject matter of this agreement, except as expressly provided in this agreement
16.4. Consequential Loss Exclusion
The Company will not be liable to the Customer for any indirect, special, incidental, or consequential loss or damage, however caused, to the extent permitted by law.
16.5. Liability Cap
The maximum liability of the Company in relation to the supply of the Works will not exceed the amount paid by the Customer for such Works, except where a higher liability is required by statute.
16.6. Limitation Period
No legal proceedings may be commenced against the Company more than 12 months after completion of the Works, except: (a) Where a longer period is required by statute (Building Act 2004 Section 393, Consumer Guarantees Act 1993); or (b) For claims involving fraud or deliberate concealment
16.7. Defects Liability Period
(a) Upon completion of the Works, the Customer has 10 Working Days to inspect the Works and notify the Company In Writing of any defects or incomplete items ("Defects Liability Period") (b) The Company will remedy notified defects within a reasonable timeframe at no additional cost to the Customer (c) If no defects are notified within the Defects Liability Period, the Works are deemed accepted as complete and free from defects (d) This clause does not limit the Customer's rights under the Workmanship Warranty in clause 16.2 or the Consumer Guarantees Act 1993
- FORCE MAJEURE
17.1. No Liability for Force Majeure
Neither party is liable for delay or failure to perform obligations due to a Force Majeure Event.
17.2. Notification Obligations
The affected party must: (a) Notify the other party as soon as reasonably practicable (b) Provide reasonable details of the Force Majeure Event (c) Estimate the likely delay period (d) Take reasonable steps to mitigate the effect
17.3. Effect of Force Majeure
During a Force Majeure Event: (a) The Company may immediately suspend performance of the Works (b) Time for performance is extended by the duration of the Force Majeure Event (c) The Company is not liable for any loss or damage suffered by the Customer (d) Payment remains due for all Works completed before suspension
17.4. Force Majeure Costs
The Company may charge reasonable costs for: (a) Demobilising from site during suspension (b) Remobilising to site when work resumes (c) Storage of materials during suspension (d) Time-related cost increases if materials or labour costs rise during suspension
17.5. Prolonged Force Majeure
If a Force Majeure Event continues for more than 30 days, either party may terminate the agreement by written notice without penalty. The Customer must pay for all Works completed and materials supplied up to the termination date.
17.6. Payment Obligations
Force Majeure does not excuse payment obligations that accrued before the Force Majeure Event occurred.
- DISPUTED ACCOUNTS
18.1. Dispute Notification
The Customer must notify the Company In Writing to accounts@taskhound.nz within 5 Working Days of receipt of any disputed invoice. The notification must: (a) Quote the relevant invoice number; and (b) Include all necessary details of the reason the invoice is being disputed (c) Undisputed portions of an invoice must still be paid by the due date
18.2. Deemed Acceptance
Should the Customer fail to notify the Company of any dispute within 5 Working Days of receipt of the invoice, the Customer shall be deemed to have accepted the invoice for payment purposes and shall pay that invoice on or before the due date. This does not affect the Customer's rights under the Consumer Guarantees Act 1993, Building Act 2004, or the Workmanship Warranty in clause 16.
- PHOTO EVIDENCE AND COMPLETION NOTIFICATION
19.1. Completion Documentation
Upon completion of Works, the Company will: (a) Provide photo evidence of completed work via email or SMS (b) Send completion notification with invoice
19.2. Photos as Evidence
Photos form part of the completion notification for the purposes of the dispute notification period under clause 18.1.
19.3. Photo Consent
By proceeding with Works, the Customer consents to: (a) Photographs being taken on the Customer's property for documentation purposes (b) Before and after photos being used for quality assurance and warranty claims (c) Photos being retained by the Company for record-keeping purposes
19.4. Marketing Use
Photos will not be used for marketing purposes without the Customer's express written consent.
- RESOLVING DISPUTES
20.1. Negotiation and Mediation
If a dispute arises between the parties: (a) The parties will first attempt resolution by direct negotiation in good faith for 14 days (b) If unresolved after 14 days, the parties will refer the dispute to mediation conducted in accordance with the Resolution Institute New Zealand Standard Mediation Agreement (c) Mediation must be initiated within 28 days of written dispute notification
20.2. Mediation Conduct
During dispute resolution: (a) Each party bears its own costs unless otherwise agreed (b) Any settlement reached is binding on both parties (c) Timeframes may be extended by mutual written consent
20.3. Exceptions
This clause does not prevent: (a) Urgent applications for equitable relief to a Court (b) Debt recovery proceedings for undisputed invoices (c) Exercise of rights under the Construction Contracts Act 2002
20.4. Condition Precedent
Mediation is a condition precedent to Court proceedings, except for matters listed in clause 20.3.
- VARIATIONS AND SCOPE CHANGES
21.1. Customer Variation Rights
The Customer may request changes to Works before completion.
21.2. Written Agreement Required
All variations must be agreed In Writing (email and SMS acceptable).
21.3. Variation Assessment Process
When a variation is requested: (a) The Company will assess the impact on scope, price, and timeline (b) The Company will provide a revised quote or estimate (c) The Company may pause work pending approval or rejection (d) Assessment time may be chargeable at applicable hourly rates
21.4. Variation Pricing
(a) Variations under $200 value: Charged at applicable hourly rate (b) Variations over $200 value: Quoted separately before proceeding (c) Emergency variations (safety/compliance): Company may proceed immediately and notify Customer as soon as practicable
21.5. Declined Variations
If a variation is declined: (a) The Company will complete the original scope only (b) The Company is not liable for issues arising from declined variations (c) If the declined variation prevents completing the original scope safely, clause 9 applies
21.6. Verbal Variations
Subject to clause 21.7, verbal variations are not binding. The Company may refuse to perform work requested verbally unless confirmed In Writing.
21.7. On-Site Variations
On-site variations agreed by the Customer or their authorised representative become binding upon written confirmation by the Company. The Company will provide written confirmation within 24 hours of the on-site agreement.
- TERMINATION
22.1. Termination by Customer
The Customer may terminate this agreement at any time by written notice, and must pay: (a) All Works completed to the termination date (b) All materials purchased or ordered for the Works (c) Reasonable demobilisation costs
22.2. Termination by Company
The Company may terminate this agreement immediately by written notice if: (a) The Customer fails to pay any undisputed invoice within 14 days of the due date (b) The Customer breaches a material term of this agreement and fails to remedy the breach within 7 days of written notice (c) The Customer becomes insolvent, bankrupt, or enters liquidation or receivership
22.3. Survival of Clauses
The following clauses survive termination: clause 10 (Materials and Title), clause 11 (Invoicing, Payment and Default), clause 16 (Warranties), clause 18 (Disputed Accounts), clause 20 (Resolving Disputes), clause 23 (Intellectual Property and Data), clause 24 (General), and clause 25 (Privacy).
- INTELLECTUAL PROPERTY AND DATA
23.1. Platform Ownership
The Taskhound platform, including its software, structure, design, workflows, and the Rex intelligence layer, is the intellectual property of the Company.
23.2. Platform Licence
The Customer is granted a non-exclusive, non-transferable licence to use the platform for the management of their property for the duration of the engagement. This licence does not transfer any ownership of the platform or its underlying systems.
23.3. Customer Records
The records relating to the Customer's property, including its asset register and maintenance history, belong to the Customer. On request, at any time during the engagement or on its conclusion, the Company will provide the Customer with an export of these records in a common, portable format such as CSV or PDF.
23.4. Limits of Data Rights
For the avoidance of doubt, the Customer's right to their data does not extend to the platform itself, its structure, its intelligence layer, or the way records are organised, processed, or presented within it. These remain the property of the Company.
23.5. Company Materials
All photos, documentation, and reports created by the Company in the course of performing the Works remain the Company's property, subject to the Customer's rights in clause 23.3.
23.6. Customer Licence
The Customer receives a non-exclusive licence to use photos and documentation for property management, maintenance, and insurance purposes.
23.7. Marketing Use
The Company may use before/after photos for marketing purposes with the Customer's consent as specified in clause 19.4.
- GENERAL
24.1. Entire Agreement
This agreement together with all Statements of Work supersedes all previous agreements, understandings, negotiations, representations, and warranties (whether written or oral) about its subject matter, and embodies the entire agreement between the Company and the Customer, except for fraud or fraudulent misrepresentation.
24.2. Variation of Terms
(a) The Company may update these terms for future work (b) Updated terms apply to new quotes issued after the change date (c) Existing quotes and work in progress remain under the original terms agreed at the time of quote acceptance
24.3. Assignment
(a) The Company may assign to any other person all or any part of the debt owing by the Customer to the Company (b) The Customer may not assign this agreement or the Works to any third party without the Company's prior written consent
24.4. Severability
If any provision of this agreement is unenforceable, that provision will be deemed modified to the extent necessary to make it enforceable or, if modification is impractical, the provision will be deemed deleted without affecting the remainder of these terms.
24.5. Waiver
This agreement may only be varied by written agreement of both the Company and the Customer. No waiver of any breach of this agreement constitutes a waiver of any other breach.
24.6. Notices
(a) Any notice required under this agreement may be sent by email, SMS, or posted letter (b) Electronic notices are deemed received 2 hours after sending during Business Hours (7:00am to 6:00pm on Working Days) (c) Posted notices are deemed received 3 Working Days after posting
24.7. Governing Law
This agreement is governed by and construed in accordance with the laws of New Zealand. The parties submit to the non-exclusive jurisdiction of the New Zealand courts.
- PRIVACY
25.1. Privacy Act 2020 Compliance
The Company collects, holds, uses, and discloses personal information in accordance with the Privacy Act 2020 and the Company's Privacy Policy.
25.2. Information Collected
The Company may collect the following personal information: (a) Customer name, address, and contact details (b) Payment and billing information (c) Photographs of the Customer's property taken during the Works (d) Records of communications between the parties (e) Site-specific information provided by the Customer
25.3. Purpose of Collection
Personal information is collected and used for the purposes of: (a) Performing the Works and managing the Customer relationship (b) Invoicing, payment processing, and debt recovery (c) Maintaining records as required by law (including the Building Act 2004 and tax legislation) (d) Quality assurance and warranty claims (e) Communicating with the Customer about the Works
25.4. Disclosure
The Company may disclose personal information to: (a) Subcontractors engaged to perform the Works (b) Debt collection agencies in the event of payment default (c) Professional advisors (accountants, lawyers) (d) Regulatory authorities as required by law
25.5. Customer Rights
The Customer has the right to access and request correction of their personal information held by the Company. Requests should be directed to accounts@taskhound.nz.
- ACKNOWLEDGEMENT AND DECLARATION
By accepting a quote, proceeding with work, or signing these terms, the Customer acknowledges and agrees that:
26.1. The Customer accepts and agrees to abide by all terms of trade specified above
26.2. The Customer has read and accepts the Company's Privacy Policy available at www.taskhound.nz/privacy
26.3. These terms of trade apply to all contracts between the Company and the Customer
26.4. The Company may use qualified subcontractors to perform the Works and that the Company remains fully liable for the quality of all Works (up to the maximum liability limits in clause 16.5) regardless of who performs them
26.5. The Customer consents to photographs being taken on the property for documentation and quality assurance purposes as set out in clause 19
26.6. The Customer accepts responsibility for providing accurate site information and maintaining a safe working environment in accordance with clause 6