1. Introduction
These Terms of Trade govern the provision of cyber security and general consulting services by TD Works Limited ("we", "us", or "our") to the client ("you" or "your"). By engaging our services, you agree to these terms.
2. Services
We will provide services as outlined in the service description, agreed proposal, scope of work, or contract. We will perform the services with reasonable care and skill in accordance with industry standards. Some service engagements may have progress payments defined with specific deliverables or time frames. Any such progress payment will be separately invoiced.
3. Fees and Payment
3.1 Our fees will be specified in our service description, proposal, or invoice.
3.2 Payment is due in full at the conclusion of any on-site or in-person service delivery. Where we have agreed in writing to invoice you, payment is due within 7 days of the invoice date.
3.3 Late payments will incur interest at the rate of 24% per annum, calculated and charged monthly from the due date until paid.
3.4 You are liable for any reasonable costs we incur in recovering overdue payments, including debt collection and legal fees.
4. Intellectual Property
4.1 All intellectual property rights arising from the services remain with TD Works Limited unless otherwise agreed in writing.
4.2 You are granted a non-exclusive, non-transferable license to use any deliverables solely for your own personal use or, where you are a business, for your internal business purposes.
5. Confidentiality
5.1 We will treat all information you provide as confidential and will not disclose it to any third party without your consent, except as required by law.
5.2 You agree to keep any proprietary information and methodologies of TD Works Limited confidential.
6. Liability
6.1 Nothing in these terms limits or excludes any rights you have under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 that cannot be excluded by law.
6.2 If you are acquiring our services for business purposes, you agree that the Consumer Guarantees Act 1993 does not apply, and our liability for any loss or damage arising out of or in connection with those services is limited to the amount paid for those services.
6.3 If you are an individual consumer acquiring our services for personal or household purposes, to the extent permitted by law, our liability is limited to re-performing the services or refunding the amount paid for those services, at our discretion.
6.4 In all cases, we are not liable for any consequential, indirect, or special loss or damage, to the maximum extent permitted by law.
7. Termination and Cancellation
7.1 Either party may terminate an ongoing engagement by giving 14 days' written notice.
7.2 We may terminate any agreement immediately if you fail to pay any amount due or breach any material term.
7.3 On termination, all outstanding fees become payable immediately.
7.4 For single-session or discrete engagements, you may cancel without charge by giving at least 24 hours' notice for services delivered within Invercargill, or at least 48 hours' notice for services delivered elsewhere. Cancellations received after these deadlines will incur a cancellation fee equal to 50% of the agreed fee for that session.
7.5 If we need to cancel a booked engagement, we will make reasonable efforts to reschedule to a mutually suitable time. We accept no liability for losses arising from our cancellation.
8. Dispute Resolution
Consumers
8.1 If you are an individual consumer and have a complaint about our services, please contact us in the first instance and we will make reasonable efforts to resolve it promptly.
8.2 If we are unable to resolve your complaint directly, you may refer the matter to the New Zealand Disputes Tribunal.
8.3 Nothing in this clause prevents you from seeking urgent relief from the courts where circumstances require it.
Business Clients
8.4 If you are acquiring our services for business purposes, both parties agree to first attempt to resolve any dispute through negotiation. Either party may give written notice of a dispute, and both parties must meet to negotiate within 10 business days of that notice.
8.5 If negotiation fails within 20 business days, the dispute will be referred to mediation by an agreed mediation service. Mediation must commence within 30 business days of the referral.
8.6 If mediation does not resolve the dispute within 60 business days of commencement, either party may refer the matter to arbitration or the courts.
8.7 Nothing in this clause prevents either party from seeking urgent injunctive relief or summary judgment from the courts where circumstances require it.
9. Governing Law
These terms are governed by the laws of New Zealand. Any disputes arising under or in connection with these terms will be subject to the exclusive jurisdiction of the New Zealand courts.
10. Amendments
We may update these terms from time to time. The current version will always be available on our website - here https://tdworks.co.nz/terms-of-trade. Continued engagement with our services following any update constitutes acceptance of the revised terms.
11. Acceptance
By engaging our services, you acknowledge that you have read, understood, and agreed to these Terms of Trade.
These Terms of Trade were last updated 9 June 2026