Terms & Conditions

Please read through these Terms and Conditions carefully before using Backfill Conveyors’ services and/or website. By engaging in Backfill Conveyors’ services, or by using Backfill Conveyors’ website, you agree to be bound by these Terms and Conditions. These Terms and Conditions are subject to change and it is your responsibility to check any changes.

The terms “Backfill Conveyors”, “we”, “us” and “our” in this document refers to Backfill Conveyors Limited, a legal entity whose employees have limited liability, as defined in the New Zealand Companies Act 1993.

Please note that these Terms and Conditions are written to be easier read and comprehend by non-professionals. If you are uncertain about the meaning and/or implications of any terms and/or provisions, you agree to seek clarity with Backfill Conveyors before engaging in Backfill Conveyors’ services or acting on any information provided by Backfill Conveyors’ website or other marketing collateral.

Moral Duty of Care

Backfill Conveyors employs industry best practices to provide products and services to a reasonable standard of quality in a professional and timely manner. Unless specifically agreed prior, Backfill Conveyors is the sole arbiter of product and service suitability.

Transfer of Ownership

Risk in and title to products and services provided to you by Backfill Conveyors shall pass to you upon receipt of cleared funds for all balances due in respect of such Products and services.

Pricing

Because Backfill Conveyors’ services can be highly personalised to each customer, prices shown on Backfill Conveyors’ website, downloadable files and other marketing collateral are to be treated as estimates only, not as exact offers or final quotes. Any prices exclude GST unless otherwise stated. Any quote you receive from Backfill Conveyors is open for acceptance for up to 2 working weeks.

Backfill Conveyors reserves the right to change any prices and/or payment options at any time for any reason. If you are an ongoing customer, Backfill Conveyors will inform you of any changes to prices and/or payment options within 30 days. Some of Backfill Conveyors’ services may require paying third party service providers on your behalf. Backfill Conveyors is not responsible for any pricing changes made by these third party service providers.

Please note that, although Backfill Conveyors usually provides a fixed quote, prices for website services can be subject to change after work has commenced if there is a change of scope or strategy.

Liability

Backfill Conveyors shall not be liable for any loss of profit, loss of business revenue, loss of potential savings, loss of goodwill, for any indirect or consequential loss or damage, or for any third party claims howsoever arising in connection with this Agreement or the products and/or services whether in contract, tort or otherwise.

If you leave Backfill Conveyors as a service provider, it is your responsibility to ensure that all your accounts, products and assets under Backfill Conveyors’ management are carefully transferred to the new owner or manager.

Information Provided by Backfill Conveyors

Backfill Conveyors provides you with information via its website (including links to other websites) and other marketing collateral. However, Backfill Conveyors is not responsible for the outcomes of any decisions you make based on this information.

Historical Information and Inconsistencies

Backfill Conveyors is not responsible for any information on its website, marketing collateral, brochures or policies (including these Terms and Conditions) becoming outdated or inconsistent with one another. Backfill Conveyors reserves the right to update any of the aforementioned individually at any time, for any reason. If you identify any information that is outdated or inconsistent, you agree to seek updated information directly from Backfill Conveyors’ personnel.

Collecting and Sharing Messages, Content and Information

Backfill Conveyors will not sell any of your information to anyone. You agree to let Backfill Conveyors share your information with Backfill Conveyors’ third party service providers for the purposes of ensuring services are completed efficiently and to a reasonable standard of quality. Backfill Conveyors can not guarantee the security of any servers or databases used by these third party service providers. If you wish for Backfill Conveyors to withhold any information from Backfill Conveyors’ third party service providers, please state so when sharing the information with Backfill Conveyors.

Backfill Conveyors reserves the right to store any of your information on local servers or via cloud services (e.g. Gmail). Backfill Conveyors is not responsible for encrypting any of your information for any reason. Backfill Conveyors is not responsible if your information is leaked due to a cyber attack or due to errors made by its employees.

If you make a review about Backfill Conveyors on any platform (e.g. Google Maps), you agree to give Backfill Conveyors permission to publish your review on Backfill Conveyors’ website, advertisements, brochures and/or other marketing collateral.

By engaging with an Backfill Conveyors employee or representative regarding any of Backfill Conveyors’ services via personal and/or electronic communications (e.g. email), you agree that all contents, information and/or assets are strictly confidential, privileged and/or otherwise protected from disclosure. You agree not to share any content, information and/or assets you receive with any person or entity without Backfill Conveyors’ express permission. If you are not the intended recipient of any content, information and/or assets, you are not authorised to copy, share, or store them on a local, cloud or third party server. If you are not the intended recipient of any content, information and/or assets, you agree to inform the sender and delete any messages, content, information and/or assets. All Backfill Conveyors’ employees and representatives use an email signature linking to Backfill Conveyors’ Terms and Conditions. It is your sole responsibility to stay up to date with the most recent version of these Terms and Conditions.

Account, Private and Personal Information

Any changes to any type of information you provide while engaging Backfill Conveyors’ services, including but not limited to street addresses, credit card information, branding, website URLs, and/or product descriptions, must be communicated with Backfill Conveyors within 2 working weeks. Backfill Conveyors is not liable for any detrimental effects due to any information you provide being inaccurate, or becoming outdated and/or inconsistent.

Credit Card Information

You are solely responsible for sharing your credit card information over media which are not likely to result in the information being digitally stored, including in-person and/or phone calls.

If you share your credit card information over email, or any other media that may cause it to be stored on local or cloud servers, Backfill Conveyors is not obligated to destroy the credit card information.

Backfill Conveyors exercises a moral duty of care to ensure your credit card information is stored, shared and used carefully, however, Backfill Conveyors is not responsible if your credit card information is leaked due to a cyber attack and/or other means outside of Backfill Conveyors’ control.

Errors, Accuracy and Compatibility

Backfill Conveyors can not guarantee all services will be completed without error. If you become aware of any errors of any nature, you must inform Backfill Conveyors within 5 days.

Deadlines

Backfill Conveyors is responsible for providing a realistic deadline, to the best of Backfill Conveyors’ knowledge, for any service upon agreement. Specified deadlines are to be treated as estimates only and Backfill Conveyors is not responsible for not completing any service within any specified deadline, within a reasonable margin of error. Changes to any deadlines or formal targets by any contracted party must be communicated with the other contracted parties within 1 working week.

Changes to Services

Backfill Conveyors’ services may rely on third party service providers and changes made by these third party service providers may require Backfill Conveyors to change its services on offer. Backfill Conveyors reserves the right to change any of its services on offer at any time for any reason.

Backing Up Existing Accounts and Data

Backfill Conveyors’ services may require it to work with your existing accounts, files, data and/or other digital assets. Backfill Conveyors will try to ensure none of your existing accounts, files, data and/or other digital assets are deleted or overridden, however, it is your responsibility to ensure these are backed up to prevent them being permanently lost or corrupted.

Cyber Attacks and Malicious Behaviour

You agree not to directly or indirectly disrupt our services, employees, clients or affiliates using computer viruses, worms, bugs, malware or code of any nature. You agree to not directly or via a third-party infiltrate Backfill Conveyors’ website, accounts and/or servers.

Third Party Websites, Services and Tools

For privacy reasons, please ask Backfill Conveyors for a full list of third party service providers that we may use to complete services for you.

By agreeing to these Terms and Conditions, you also agree to the Terms and Conditions of all our third party service providers. When engaging third party service providers, Backfill Conveyors may accept the Terms and Conditions of these third parties on your behalf and it is your responsibility to read and agree to the Terms and Conditions of these third parties.

You give permission for Backfill Conveyors to create accounts with these third parties under your name, using any information you have provided.

Backfill Conveyors may reference third party services and/or tools on its website and other marketing collateral. You agree that, if you use any of these third party services and/or tools for any reason, it is at your own risk and Backfill Conveyors accepts no responsibility.

Billing

If you terminate any service after it has commenced, Backfill Conveyors reserves the right to charge you in full or in part for that service. There is no standardised cancellation fee for terminating any service. Backfill Conveyors reserves the right to charge a fee for payments made to Backfill Conveyors using a credit card (typically about 3%).

You have 7 days to make any payments, including deposits and progress payments, invoiced to you by Backfill Conveyors. You agree to inform Backfill Conveyors, within 10 days of being invoiced, of any failure to make a payment for any reason.

You agree to inform Backfill Conveyors within 1 working week of any events or changes that affect your ability to pay foreseeable invoices on time and in full. This includes any existing financial hardships, relevant debts and/or cashflow problems.

Collecting Debt

If you do not complete any payment in full within 7 days of being invoiced, Backfill Conveyors reserves the right to engage any debt collection agency. Backfill Conveyors reserves the right to share any of your relevant information to a debt collection agency as required for them to perform their services. In the likely event that the debt collection agency takes a commission and/or charges any collection fees, you are liable for covering these costs. You therefore agree to pay any collection fees to either the debt collection agency or Backfill Conveyors (as per Backfill Conveyors’ circumstantial instruction), as well as reimburse Backfill Conveyors for any commission the debt collecting agency takes. Backfill Conveyors is not responsible for any adverse effects due to the debt collection process, including but not limited to harm to your credit ratings and any other collateral damage, whether foreseeable or not.

Returns and Refunds

Backfill Conveyors is not responsible for being unable to complete or continue any service due to unforeseeable circumstances, including but not limited to damage to workplace, serious illness and natural disasters. Any deposits and/or progress payments made to Backfill Conveyors are non-refundable, however, Backfill Conveyors may refund any payment in full, or in part, at Backfill Conveyors’ sole discretion.

Terminations and Refusal of Services

If you do not fully complete payments that Backfill Conveyors has invoiced to you, if you breach any of these Terms and Conditions, or if you use Backfill Conveyors’ services for illegal purposes, Backfill Conveyors reserves the right to withhold and/or destroy any digital or physical assets relating to its services that it legally possesses (see Transfer of Ownership).

Backfill Conveyors reserves the right to refuse or limit service to anyone for any reason at any time. This may include individuals, groups or authorities inside and/or outside New Zealand.

You agree to give permission to Backfill Conveyors to perform a credit check at any time. If Backfill Conveyors’ services have already commenced before a credit check is conducted, Backfill Conveyors reserves the right to terminate all current and future services if Backfill Conveyors deems that you do not have the funds or capacity to complete all payments in full and on time.

If you leave Backfill Conveyors as a service provider and take with you any products, accounts or digital assets (or transfer them to another third-party), Backfill Conveyors will not be liable for any impediment to their performance, quality, compatibility and/or function.

Force Majeure

Neither party shall be liable to the other for failure or delay in the performance of any of its obligations under this Agreement for the time and the extent such failure or delay is caused by riots, civil commotions, wars, hostilities between nations, governmental laws, orders or regulations, embargoes, action of the government or any agency thereof, acts of God, unforeseen storms, fires, accidents, strikes, sabotage, explosion, or other similar or different contingencies beyond the reasonable control of the respective parties, provided that this Clause shall not apply in any way to and may not excuse any failure or delay in any payment required to be made under this Agreement.