Legal

Terms of Service

Last updated: 9 September 2026

These terms apply to all services provided by CYBERCREST LIMITED (NZBN 9429053871725, company number 9450143), trading as CyberCrest.

1. Definitions

“CyberCrest”, “we”, “us” — CYBERCREST LIMITED.
“Client”, “you” — the person or organisation engaging us.
“Services” — assessment, design, specification, configuration, commissioning, installation management, documentation, support and any other work we agree to perform.
“Equipment” — hardware we supply.
“Proposal” — a written scope and price issued by us.
“Deliverables” — designs, specifications, drawings, schedules and documentation produced by us.
“Managed Agreement” — an ongoing support agreement under clause 11.

2. Formation of contract

2.1 A Proposal is an offer, not a binding contract. It remains open for 30 days unless stated otherwise, after which pricing may be revised — particularly where Equipment costs or exchange rates have moved.

2.2 A contract forms when you accept a Proposal in writing, or when you pay a deposit against it.

2.3 These terms apply to every engagement and prevail over any terms in your purchase order or other documentation, unless we have agreed otherwise in writing and signed.

2.4 Verbal discussions, indicative figures and budget guidance are not offers and are not binding.

3. Consultation, assessment and design

3.1 An initial consultation is provided at no cost and creates no obligation on either party.

3.2 An assessment is chargeable work with a defined deliverable. It is quoted separately and paid in full before the design pack is released.

3.3 Where you proceed to a project within 90 days of the assessment, we may credit all or part of the assessment fee against the project. Any credit is at our discretion and is stated in the Proposal.

3.4 Deliverables are provided for the site and purpose described. They are not a warranty of the condition of existing infrastructure we were not engaged to inspect, and they are based on the site as found at the date of survey.

4. Scope and variations

4.1 We perform the work described in the accepted Proposal. Anything not described is out of scope.

4.2 Where conditions are found that could not reasonably have been identified at survey — concealed cabling, asbestos, structural obstruction, undisclosed existing systems, inadequate power — we will stop, notify you, and issue a variation.

4.3 Variations are quoted and must be accepted in writing before the additional work proceeds. No variation is performed on a verbal instruction.

4.4 You may request changes at any time. We will advise the cost and programme impact before proceeding.

5. Your responsibilities

You agree to:

5.1 provide safe and timely access to the site, including out of hours where the programme requires it;
5.2 provide accurate information about existing systems, cabling, power and network configuration;
5.3 obtain any landlord, body corporate, resource or building consent required for the work;
5.4 ensure the site meets health and safety requirements, and disclose known hazards before work begins;
5.5 provide adequate power, containment routes and equipment space as specified;
5.6 nominate a contact authorised to make decisions and approve variations;
5.7 keep your own backups of business data. We are not a data custodian unless a Managed Agreement expressly says so.

5.8 Delays or additional costs caused by a failure to meet these responsibilities are chargeable, and the programme extends accordingly.

6. Equipment supply

6.1 We supply Equipment specified in the Proposal. Equipment is ordered against the accepted design after the deposit is received, and lead times are estimates only — we are not liable for manufacturer or shipping delays outside our control.

6.2 Retention of title. Legal and beneficial ownership of Equipment remains with CyberCrest until paid in full, notwithstanding installation. Risk passes to you on delivery to site.

6.3 Where Equipment remains unpaid, you grant us the right to enter the site during normal hours, on reasonable notice, to recover it. You agree that these terms create a security interest under the Personal Property Securities Act 1999 and that we may register a financing statement, and you waive your right to receive a copy of any verification statement.

6.4 Equipment specified but supplied by you, or substituted at your request, is at your risk. We do not warrant equipment we did not supply, and we may decline to warrant a system's performance where a substitution changes it.

7. Installation

7.1 Physical installation, cabling and electrical work are delivered by licensed partner trades engaged by us, working to our specification and sign-off.

7.2 Regulated electrical work is performed by a licensed electrical worker and certified in accordance with the Electricity (Safety) Regulations 2010.

7.3 We make good penetrations and fixings to a workmanlike standard. Redecoration, painting, joinery repair and cosmetic making-good are excluded unless expressly quoted.

7.4 We are not responsible for concealed services damaged during installation where their location was not disclosed to us and could not reasonably have been detected.

8. Payment

8.1 Prices are in New Zealand dollars and exclude GST unless stated. GST is charged at the prevailing rate. Our GST number is 149-393-595.

8.2 Unless the Proposal states otherwise:

8.3 Invoices are payable within 7 days of the invoice date. Where we have agreed account terms with you in writing, invoices are payable by the 20th of the month following the invoice date.

8.4 Overdue amounts attract interest at 1.5% per month, calculated daily. You are liable for our reasonable costs of recovery, including debt collection agency fees and legal costs on a solicitor-client basis.

8.5 Where an account is overdue we may suspend work, suspend a Managed Agreement, and withhold Deliverables and credentials until the account is settled. Suspension does not relieve you of payment obligations.

8.6 You may not withhold or set off payment on account of a disputed item without giving written notice of the dispute within 7 days of the invoice.

9. Warranty

9.1 Equipment carries the manufacturer's warranty. We will facilitate warranty claims during that period. Extended manufacturer cover is available and must be requested before the order is placed.

9.2 We warrant our workmanship for 12 months from practical completion. Within that period we will remedy defective workmanship at no charge.

9.3 The warranty does not cover: fair wear and tear; damage from misuse, accident, vandalism, power surge, lightning, fire, flood, earthquake or vermin; changes made by you or a third party; failure of infrastructure we did not supply; interruption to internet or power service; or consumables and batteries.

9.4 We do not warrant that any system will prevent crime, loss or intrusion, or that it will operate without interruption. Surveillance and network systems reduce risk; they do not eliminate it.

10. Documentation and intellectual property

10.1 On completion and payment in full, you own the Deliverables for your site: topology, addressing plan, VLAN map, port schedule, policy statement, wireless design record and credentials.

10.2 We retain ownership of our methodologies, templates, document formats, reference architectures and general know-how, and may use them for other clients.

10.3 We do not retain administrative credentials as a commercial lever. Where we hold access under a Managed Agreement, it is by agreement and it ends when the agreement ends.

10.4 We may describe the work in anonymised form as a case study. We will not name you or publish identifying images without your written consent.

11. Managed Agreements

11.1 A Managed Agreement covers monitoring, firmware and patch management, configuration backup, change control and support, as scoped in the agreement.

11.2 Response times are targets measured in business hours unless the agreement states otherwise. Our standard target is a response within 24 hours.

11.3 A Managed Agreement runs monthly and may be terminated by either party on 30 days written notice.

11.4 A Managed Agreement is not an insurance policy and does not guarantee uptime. It does not cover hardware replacement, project work, or faults arising from systems we did not supply, unless expressly stated.

11.5 On termination we hand over current documentation and credentials, and remove our remote access.

12. Privacy, data and surveillance

12.1 Our handling of personal information is set out in our Privacy Policy.

12.2 Where we design or install surveillance or access control systems, you are the controller of the personal information those systems collect. You are responsible for the lawfulness of your own surveillance, including purpose, notification, signage, retention and access.

12.3 We advise on these matters at design stage as engineering guidance. That advice is not legal advice and you remain responsible for your compliance with the Privacy Act 2020 or, where applicable, UK GDPR.

12.4 We do not retain copies of your recorded footage.

13. Liability

13.1 Consumer Guarantees Act. Where you acquire Services as a consumer, nothing in these terms limits your rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.

13.2 Business clients. Where you acquire Services for the purposes of a business, you agree that the Consumer Guarantees Act 1993 does not apply, and that sections 9, 12A and 13 of the Fair Trading Act 1986 do not apply, and you acknowledge that both parties are in trade and that this exclusion is fair and reasonable.

13.3 To the extent permitted by law, our total liability arising from any engagement is limited to the amount you have paid us for that engagement.

13.4 We are not liable for indirect or consequential loss, including loss of profit, loss of business, loss of data, loss of goodwill, or loss arising from theft, intrusion or damage that a system did not prevent or record.

13.5 Nothing in this clause limits liability for death, personal injury caused by our negligence, or fraud.

14. Cancellation

14.1 You may cancel a project before Equipment is ordered, subject to payment for work performed and any non-refundable costs incurred.

14.2 Once Equipment has been ordered, deposits are non-refundable to the extent of committed Equipment and supplier restocking charges.

14.3 We may cancel where you fail to pay, fail to provide access, or where the site cannot be made safe. In that event you remain liable for work performed and Equipment committed.

15. Force majeure

Neither party is liable for failure to perform caused by events beyond reasonable control, including natural disaster, earthquake, severe weather, pandemic, war, civil emergency, supplier failure, or failure of telecommunications or power infrastructure. Payment obligations for work already performed are not suspended.

16. Health and safety

Both parties will comply with the Health and Safety at Work Act 2015. Where we work on your site we are a PCBU alongside you and will engage, consult and co-operate as that Act requires.

17. Disputes

17.1 Raise any dispute in writing to jake@cybercrest.nz. We will respond within 10 working days.

17.2 If it cannot be resolved in good faith discussion, both parties will attempt mediation before commencing proceedings, unless urgent relief is required.

18. General

18.1 These terms are governed by New Zealand law, and the New Zealand courts have jurisdiction. This applies to United Kingdom engagements, which are contracted through CYBERCREST LIMITED in New Zealand.

18.2 If any clause is unenforceable, the rest remain in force.

18.3 We may update these terms. The version in force is the one published at the date your Proposal was accepted.

18.4 You may not assign the contract without our written consent.

19. Contact

CYBERCREST LIMITED
NZBN 9429053871725 · Company number 9450143 · GST 149-393-595
jake@cybercrest.nz · 027 430 1191