[businessNiche] Services Subscription
Terms and Conditions for Subscription Services
[siteName]
1. Introduction
- These Terms and Conditions govern the provision of maintenance check services (“Services”) provided by [siteName] (“Company”, “we”, “us”, “our”) under the subscription plan (“Subscription”) to the client (“Client”, “you”, “your”).
- By subscribing to our Services, you agree to be bound by these Terms and Conditions and our Privacy Policy.
2. Subscription Services
- The Subscription includes monthly maintenance checks of the boat in your possession (“Boat”). These checks are intended to ensure the electrical systems of the Boat are functioning properly and safely.
- Details of the specific services provided are listed in the Service Description attached hereto as Appendix A.
3. Fees and Payment
- The Subscription fee (“Fee”) is payable monthly in advance. The Fee amount will be specified upon subscription and may be subject to periodic adjustments as notified by the Company.
- Payment shall be made through the methods approved by the Company. Late payments may incur additional charges or suspension of Services.
4. Term and Termination
- This Subscription is effective until terminated. You may terminate your Subscription via the Stripe console.
- The Company may terminate or suspend the Subscription immediately upon written notice for cause, including, but not limited to, non-payment of Fees, breach of these Terms, or misuse of the Services.
5. Warranties and Liabilities
- The Company warrants that the Services will be provided with reasonable skill and care.
- The Company is not liable for any damages or losses arising from your failure to follow our instructions regarding the care and maintenance of the Boat, or the suitability of the Boat for the Services provided.
6. Changes to Terms
- The Company reserves the right to modify these Terms and Conditions at any time. You will be notified of any significant changes.
7. Governing Law
- These Terms and Conditions shall be governed by and construed in accordance with the laws of [countryName].
8. Dispute Resolution
- Any disputes arising out of or in connection with these Terms will be resolved through binding arbitration in accordance with the Arbitration Act 1996.
9. Miscellaneous
- If any part of these Terms is held to be invalid or unenforceable, the remaining parts will continue in full force and effect.
Portable Water Blaster Unit – Hire Contract and Conditions
Terms and Conditions of Hire
- Definitions –
1.1. “Equipment” shall be as set out in any agreement for hire between the Owner and the Hirer and shall include any replacement equipment supplied to the Hirer.
1.2. “Hire Contract ” means these Terms and Conditions of Hire and shall include any other agreement or writing between the Owner and the Hirer relating to the Hire of the Owners equipment.
1.3. “Hirer” means that the person (or persons) entering into the Hire Contract and where that person (pr persons) enters in to the Hire Contract for or on behalf of another entity includes each entity. This expression also extends to those claiming under or authorised by the Hirer. “Hirer” shall be interchangeable with the term “Debtor” for the purposes of the Personal Property Securities Act 1999.
1.4. “Owner” shall mean [siteName] 2[zipCode]21 Ltd. “Owner ” shall be interchangeable with the term “Secured Party” for the purpose of the Personal Property Securities Act 1999.
- Period/Rates –
2.1. Weekend Hire Rate – $316.25 (collection between 3pm & 5pm Friday, return no later than 1[zipCode] am Monday)
2.2. Daily Rate – 8 hour period $172.5[zipCode]
2.3. Weekly or long terms rates available – to be confirmed in writing between the Owner and the Hirer prior to commencement of Hire
2.4. No allowance whatsoever can be made for a time during which the Equipment is not in use for any reason, unless prior special arrangements are confirmed in writing by the Owner. In the event of equipment breakdown, provided the Hirer notifies the Owner immediately, hiring charges will not be payable from the time the Hirer receives notice of such breakdown and thereafter during the time the equipment is not working unless the condition is due to negligence or misuse on the part of or attributable to the Hirer.
- Payment
3.1. Payment must be made in full prior to the Hire commencing.
3.2. If the Hirer has a credit account that has been approved by the Owner, the hire can be invoiced and must be paid in full as per the terms of the invoice.
3.3. If credit accounts become overdue, a penalty of 2.[zipCode]% per month will be payable in addition to the original amount, and credit is stopped until the account has been paid in full.
3.4. The Hirer shall pay to the Owner all costs incurred in recovering any outstanding debt from the Hirer.
3.5. If any amount is not paid in full by the due date, the Hirer shall pay to the Owner interest on the amount outstanding at the rate of 2% per month from the due date until the payment is made in full of the amount outstanding, including interest.
3.6. The Hirer accepts and agrees the Owner has right of recovery in the even of a liquidation where payments have been made in accordance with normal business practice and as set out herein such payment shall not be regarded as preferential.
- Hirers Responsibilities
4.1. Breakdowns- The Hirer must notify the Owner immediately of any breakdown, damage or accident. The Hirer is not absolved from his responsibility to safeguard the equipment by giving such notification.
4.2. The Hirer is not to undertake any repairs or modifications to the Equipment without the Owners written permission.
4.3. The Hirer shall keep the Owner notified as to the whereabouts of the Equipment hired at all times.
4.4. The Hirer shall satisfy himself that the Equipment hired is suitable and sufficient for the work to be done and that he or she can operate it correctly, safely and will comply with all operating instructions, recommendations of the manufacturer and or Hirer.
4.5. Fuels, oils and other consumables are the responsibility of the Hirer.
4.6. The Hirer must check and maintain Equipment before commencement of Hire.
4.7. If the Hirer is providing the operator, the Hirer take responsibility for ensuring that only competent operators with relevant training use the Equipment.
4.8. The Hirer will use the Equipment properly for the purpose for which it was designed acknowledging the Owner gives no warranty as to the Equipment’s capacity, condition or state of repair, or suitability for the Hirer’s purpose and the Hirer shall use the Equipment entirely at his own risk.
4.9. The Hirer will not sell, offer for sale, mortgage, sublet or assign its interest under the Hire Contract or in the Equipment hired any part thereof.
- Personal Property Securities Act 1999 (“PPSA”)
5.1. Where the Hire Contract creates a security interest in the Equipment for the purposes of the PPSA the Hirer acknowledges and agrees that the Hirer grants a security interest in the Equipment to the Owner.
5.2. The Hirer undertakes to:
5.2.1. Sign any further documents and/or provide any further information (such as information to be complete, accurate and up to date in all respects) which the Owner may reasonably require to register a financing statement or financing change statement on the Personal Property Securities Register;
5.2.2. Indemnify, and upon reimburse the Owner for all expenses incurred in registering a financing statement or financing change statement for the Personal Securities Register releasing any goods
5.2.3. Take all necessary steps to act in the best interest of the Owner to protect the Owners’ security interest in the Equipment.
5.3. The Owner and the Hirer agree that nothing in sections 114(1)(a), 133 and 134 of the PPSA shall apply to these terms and conditions.
5.4. The Hirer waives his/her or its rights as a debt or under sections 116, 12[zipCode](2), 121, 125, 126, 127, 129 and 131 of the PPSA.
5.5. The Hirer w waives its right to receive a verification statement in accordance with section 148 of the PPSA.
- Liability
6.1. The Hirer takes full responsibility for all damage and/or loss of hied Equipment while it is away from the Owners’ premises.
6.2. The Hirer undertakes to keep the Equipment in his possession and control while it is away from the Owners premises.
6.3. The Hirer is responsible for arranging and for meeting any costs of the return of the Equipment to the Owners premises.
- Insurance
7.1. The Hirer may elect or the Owner may require the payment of a waiver damage (insurance) surcharge. On receipt of this payment the Owner will indemnify the Hirer against liability for any loss or damage to the Owners’ equipment while on Hire.
7.2. The Insurance does not cover:
7.2.1. The first $1[zipCode][zipCode][zipCode] of any claim
7.2.2. Misuse, abuse or overloading of any part of the Equipment hired.
7.2.3. Mysterious disappearance or wrongful conversion including where the Equipment is not reasonably locked and secured.
7.2.4. Violation of any law or regulation.
7.2.5. Loss or damage whilst the Hirer or person in charge or control of the Hired Property is under the influence of alcohol or any drug.
7.2.6. Damage to tyres and tubes.
7.2.7. Negligence of the Hirer where the Hirer has failed by intent or lack of due care to take all responsible precautions to protect the Equipment from loss or damage.
7.3. The Hirer shall advise the Owner immediately if the Equipment is lost or damaged.
7.4. The Hirer shall not arrange or undertake any repairs or salvage without the authority of the Owner, unless such repairs or salvage are needed to prevent further damage.
- Terms and Conditions
8.1. All hire charges are based on current costs and are subject to change without notice.
8.2. Unless agreed in writing before the hire commences the acceptance and use of the Equipment on hire from the Owner shall in itself constitute full acceptance of these terms and conditions and of all charges stated on the Hire Contract.
8.3. The Owner reserves the right to inspect the hired Equipment at any time and to terminate the hire forthwith if the Equipment is not being maintained and used correctly.
8.4. The Owner takes no liability whatsoever in respect of third party similar risks for personal injury or consequential damage of any kind or however arising resulting from the use or failure of the Owners equipment.
8.5. The Hirer indemnifies the Owner against any claim of any kind from third parties.
8.6. In the event of the Hirer defaulting or failing to comply with the terms of the Hire Contract then the Owner reserves the right to terminate the hire period forthwith and take any steps necessary to recover the Equipment, including the right to enter upon any premises where the Owner reasonably believes the Equipment may be to be to recover the same. The Owner shall have the right to recover all of the amounts due for the hire, reconditioning of Equipment if required and all costs of recovery and transport of the Equipment to the Owners premises. The Hirer indemnifies the Owner against all actions, claims, costs or damages resulting from the exercise of the Owners’ rights under this clause.
8.7. The Hirer is responsible to familiarise himself and ensure compliance with all laws, regulations applicable to the Hired Equipment including compliance with the Health and Safety in Employment Act 1992.
8.8. Each of the foregoing conditions shall be without prejudice to each other.
8.9. Title to the Equipment will at all times remain with the Owner.
8.1[zipCode]. The Hirer indemnifies the Owner for all and any loss and/or damage suffered by the Owner as a result of any breach by the Hirer of any provision of the Hirer Contract and/or as a result of the Hirer failing to take adequate steps to protect the Owner’s interest in the Equipment.
- Owners Right to Terminate
9.1. Without prejudice to any other remedies available to the Owner and not withstanding any period of hire specified or otherwise agreed to with the Hirer, and the Owner may terminate the Hire Contract, without payment of compensation to the Hirer:
9.1.1. Immediately and without notice to the Hirer if the Owner considers the Equipment is, or may be at risk of loss and/or damage for any reason or;
9.1.2. In any other case, by giving the Hirer two (2) hours’ notice of the intention to terminate the Hire Contract. Such notice need not be in writing and shall be deemed sufficiently given if made orally to the Hirer or the operator from the time being of the Equipment. If the Owner can not reasonably contact the Hirer or operator, notice may be given as soon is reasonably practical after the Equipment is taken by the Owner.
- Privacy Act
1[zipCode].1. The Hirer authorises the Owner to collect, retain and use any information about the Hirer for the purpose of assessing the Hirer’s credit worthiness.
1[zipCode].2. The Hirer authorises the Owner to disclose any information obtained to any person for the purposes set out in the foregoing clause.
- General
11.1. The Owner may assign its right and obligations under the Hire Contract to any other person without the consent of the Hirer.
11.2. No waiver by the Owner, in exercising any right hereunder shall operate as a waiver of any other right or of that same right future time, nor shall any delay in exercise of any power or right be interpreted as a waiver.
Terms and Conditions
[siteName] 2[zipCode]21 Limited
Effective Date: July 2[zipCode]25
- DEFINITIONS AND INTERPRETATION
1.1 In these Terms and Conditions:
- “Company” means [siteName] 2[zipCode]21 Limited
- “Customer” means the person or entity engaging the Company’s services
- “Services” means electrical work, maintenance, installation, or related
services provided by the Company
- “Vessel” means any boat, yacht, ship, or marine craft
- “Work” includes all services, labour, materials, and equipment provided by
the Company
1.2 These Terms and Conditions are governed by [countryName] law and comply with
all applicable legislation.
- LEGISLATIVE COMPLIANCE
2.1 The Company operates in compliance with, but not limited to, the following New
Zealand legislation:
- Consumer Guarantees Act 1993
- Fair Trading Act 1986
- Privacy Act 2[zipCode]2[zipCode]
- Health and Safety at Work Act 2[zipCode]15
- Electricity Act 1992
- Electricity (Safety) Regulations 2[zipCode]1[zipCode]
- Building Act 2[zipCode][zipCode]4
- Contract and Commercial Law Act 2[zipCode]17
- Maritime Transport Act 1994
- Electrical Workers Registration Act 2[zipCode][zipCode]6
2.2 Where these Terms conflict with mandatory consumer protection laws, the
legislation takes precedence.
- CONSUMER GUARANTEES ACT COMPLIANCE
3.1 For domestic customers (non-business use), the Consumer Guarantees Act
1993 applies and cannot be excluded.
3.2 For commercial customers, the Company and Customer may agree to exclude
the Consumer Guarantees Act 1993 where the services are acquired for
business purposes.
3.3 All services will be performed with reasonable care and skill, fit for purpose, and
within reasonable time as required by law.
- QUOTATIONS AND PRICING
4.1 All quotations are valid for thirty (3[zipCode]) days from the date of issue unless
otherwise specified.
4.2 Quotations are based on information provided by the Customer and visual
inspection where applicable.
4.3 The Company reserves the right to adjust pricing for:
- Material cost fluctuations beyond the Company’s control
- Changes in regulatory requirements
- Unforeseen work requirements discovered during service delivery
4.4 Any price adjustments exceeding 1[zipCode]% of the original quote will be
communicated to the Customer before proceeding.
4.5 The Company reserves the right to withdraw or revise any quote prior to
acceptance.
4.6 By accepting a quote, instructing us to commence work, or paying any invoice,
you acknowledge and agree to be bound by these Terms
- PAYMENT TERMS
5.1 Unless otherwise agreed in writing, payment is due within seven (7) days of
invoice date.
5.2 Interest on overdue amounts will be charged at 1.5% per month (19.56% per
annum) calculated daily from the due date.
5.3 The Customer is liable for all costs incurred by the Company in recovering
overdue payments, including legal costs on a solicitor-client basis.
5.4 The Company may suspend work or refuse further services where payments are
overdue.
5.5 Retention of Title
5.5.1 Ownership of all materials, goods, and equipment supplied by the Company
remains the property of the Company until full payment is received. Risk in
goods passes to the Customer upon delivery or installation, whichever occurs
first.
5.6 Right of Entry for Recovery
5.6.1 In the event of non-payment, the Customer authorises the Company to enter any
premises, vessel, or location where goods are held to recover unpaid materials
or equipment. The Company will not be liable for any damage or loss incurred as
a result of such recovery, provided reasonable care is taken.
- HEALTH AND SAFETY OBLIGATIONS
6.1 The Company will comply with the Health and Safety at Work Act 2[zipCode]15 and all
applicable regulations.
6.2 The Customer must:
- Provide a safe working environment
- Disclose known hazards and risks
- Ensure compliance with marine safety requirements
- Provide access to safety equipment where required
6.3 Work may be suspended if unsafe conditions are identified until hazards are
addressed.
- MARINE ENVIRONMENT SPECIFIC TERMS
7.1 Corrosion and Marine Exposure Disclaimer
7.1.1 The marine environment presents unique challenges including saltwater
corrosion, humidity, vibration, and extreme weather conditions.
7.1.2 The Company cannot guarantee that materials and equipment will not be
affected by marine environmental conditions beyond standard manufacturer
specifications.
7.1.3 The Customer acknowledges that marine environments may reduce the
expected lifespan of electrical components and systems.
7.1.4 Regular maintenance and inspection are essential and the Customer is
responsible for ongoing maintenance unless specifically contracted otherwise.
7.2 Power Supply Disassembly and Liability
7.2.1 Where work requires disconnection or modification of vessel power systems:
- The Company will follow safe electrical practices
- Power isolation procedures will be implemented
- The Customer is responsible for ensuring no unauthorised persons access
electrical systems during work
7.2.2 The Company is not liable for:
- Loss of power to vessel systems during necessary maintenance
- Data loss from electronic equipment due to power interruption
- Inconvenience caused by necessary power disconnection
- WARRANTIES AND GUARANTEES
8.1 The Company provides a guarantee on workmanship for twelve (12) months from
completion date.
8.2 Manufacturer warranties on supplied products are passed through to the
Customer upon full payment.
8.3 Warranties are void if:
- Equipment is modified by unauthorised persons
- Damage occurs due to misuse, negligence, or normal wear and tear
- Equipment is exposed to conditions beyond manufacturer specifications
8.4 The Company’s warranty obligation is limited to repair or replacement of
defective work at its discretion.
- LIMITATION OF LIABILITY
9.1 Subject to the Consumer Guarantees Act 1993 and Fair Trading Act 1986:
9.1.1 The Company’s total liability for any claim is limited to the value of the specific
work giving rise to the claim.
9.1.2 The Company excludes liability for:
- Indirect, consequential, or special damages
- Loss of profits, revenue, or business opportunity
- Loss of use of vessel or equipment
- Costs of alternative arrangements
- Damage to equipment not directly worked on
9.2 Claims must be notified within twelve (12) months of work completion or when
the cause of action arose, whichever is earlier.
9.3 Nothing in these Terms excludes liability for death, personal injury, or breaches
that cannot be excluded by law.
9.4 Service Limitations
- The Company is not responsible for faults, failures, or damages arising from:
- Pre-existing conditions or defects not directly related to the work performed
by the Company
- Third-party components, systems, or modifications not installed or
maintained by the Company
- Improper or unauthorised repairs or alterations made after the Company’s
work is completed
- Owner-supplied parts, equipment, or materials
- Environmental factors (e.g. corrosion, dampness, vermin, or lightning strikes)
outside of the Company’s control
Where such issues arise, any further work required will be treated as additional
work and charged accordingly.
- Insurance and Liability
1[zipCode].1 The Company maintains current Public Liability Insurance of $5,[zipCode][zipCode][zipCode],[zipCode][zipCode][zipCode] NZD.
1[zipCode].2 We will take all reasonable care in delivering our Services, but to the extent
permitted by law:
- Our liability is limited to the total value of the invoice for the Services in
question.
- We are not liable for indirect, consequential, or economic loss (e.g. business
interruption, lost profits).
1[zipCode].3 Any claims or concerns regarding defects or damage must be notified in writing
within seven (7) days of completion.
- CANCELLATIONS
11.1 Cancellations made less than 24 hours before scheduled work may incur a
cancellation fee. Costs incurred for non-refundable items or preparation may be
charged.
- ADDITIONAL WORK AND VARIATIONS
12.1 Additional work outside the original scope requires Customer approval except in
emergencies affecting safety, approval is accepted verbally or via, email, SMS,
etc.
12.2 The Company will provide estimates for additional work where reasonably
practicable.
12.3 The Customer is liable for costs of additional work performed with their consent
or in emergency situations.
12.4 Hidden defects or unforeseen complications may require additional work at
additional cost.
- Subcontractors and Supervision
13.1 The Company may engage subcontracted electrical workers to carry out or
support parts of the work.
13.2 All subcontracted work will be:
- Undertaken by appropriately licensed and qualified persons.
- Supervised as required by the company to ensure compliance with
applicable legislation and quality standards.
- PRIVACY AND DATA PROTECTION
14.1 The Company complies with the Privacy Act 2[zipCode]2[zipCode] in collecting, using, and storing
personal information.
14.2 Personal information is collected only for providing services and business
administration.
14.3 Information may be shared with suppliers, contractors, or regulatory authorities
as required.
14.4 Customers have rights to access and correct their personal information.
- INTELLECTUAL PROPERTY
15.1 All designs, reports, and documentation remain the Company’s intellectual
property unless specifically assigned to the Customer.
15.2 The Customer grants the Company a non-exclusive license to use vessel
specifications and related information for providing services.
- FORCE MAJEURE
16.1 The Company is not liable for delays or non-performance due to circumstances
beyond reasonable control including:
- Natural disasters or extreme weather
- Government restrictions or regulations
- Supply chain disruptions
- Pandemic or health emergencies
- DISPUTE RESOLUTION
17.1 Disputes should first be addressed through direct negotiation.
17.2 If unresolved, disputes may be referred to mediation before court proceedings.
17.3 Neither party may commence legal proceedings (except urgent injunctions)
without first attempting mediation.
17.4 Mediation costs will be shared equally unless otherwise agreed.
17.5 These Terms are governed by [countryName] law and subject to [countryName]
court jurisdiction.
- GENERAL PROVISIONS
18.1 These Terms constitute the entire agreement between parties unless varied in
writing.
18.2 If any provision is invalid or unenforceable, the remainder continues in effect.
18.3 The Company may assign these Terms; Customers cannot assign without
consent.
18.4 These Terms may be updated with reasonable notice.
- ACCEPTANCE OF TERMS
19.1 By engaging the Company’s services, the Customer acknowledges reading,
understanding, and agreeing to these Terms and Conditions.
19.2 For commercial customers, the Customer confirms services are acquired for
business purposes and agrees to exclude the Consumer Guarantees Act 1993 to
the extent legally permissible.
Company Details: [siteName] 2[zipCode]21 Limited; 5[zipCode]A Cross Road,
[stateName]; [phoneNumber]; [email protected]
Last Updated: 1[zipCode]/[zipCode]7/2[zipCode]25
These Terms and Conditions have been prepared to comply with [countryName] law.
Customers should seek independent legal advice if they have concerns about any
provisions.