TERMS AND CONDITIONS

Terms of Conditions of Paint and Fix Limited are for the Website paintandfix.co.nz and their services. This Agreement is to be read in conjunction with Paint and Fix Ltd Privacy Policy

Paint and Fix Ltd are a no fluff company, we want our clients to know their rights and obligations when using our trade services, including our Facebook and Instagram. At Paint and Fix Ltd we take our client’s privacy seriously and a good relationship starts with transparency. We have provided this Terms and Conditions and Privacy Policy which sets out our information gathering and usage practices. Please read our policy carefully to get a clear understanding of how we collect, use, protect or otherwise manage your Personally Identifiable Information in accordance with the Privacy act 2020 and New Zealand Legislation

OVERVIEW OF HOW WE STORE AND PROTECT YOUR DATA

• Paint and Fix Ltd is locally hosted in NZ on servers that are regularly updated and patched

• We use industry standard Hypertext Transfer Protocol Secure (HTTPS) and Secure Sockets Layer (SSL) to secure all data communications.

• Information such as name, phone numbers, emails, address are stored in our secure database

• All written and signed contracts and communications are kept on our secure database, for legal and or accounting reason we may keep your records for up to seven years.

DEFINITIONS

‘Clients’ for the purpose of this policy refers to individuals and or parties who show interest in our trade services and contact Paint and Fix Ltd, either by but not limited to, website, email, phone call or Facebook.
“Personal Information” is information that is identifiable to the individual and is necessary and reasonable to complete business-related services, such as the client’s name, company name, address (this might be client’s personal or place of business), phone numbers and email address and information about the services the client is requiring.
‘Contract’ refers to a client accepting a written or verbal quote provided by Paint and Fix Ltd, when a client verbally or electronically accepts a quote, the client agrees to accept our Terms and Conditions.
‘Services’ refers to the work of Paint and Fix Ltd and the work of Tradespeople.
‘Tradespeople’ refers to a person and or company Paint and Fix Ltd work in partnership with, that maybe required to achieve the best service for the client and adhere to Health and Safety requirements.
‘Third-party’ means any person, company, or entity, besides the client and Paint and Fix Ltd.
The term ‘we’ ‘us’ or ‘our’ refers to Paint and Fix Ltd

1. USE OF INFORMATION

1.1. We will use and disclose your personal or business information in accordance with the Privacy Act 2020. Purposes for which we use and disclose personal information include:

1.2. When you submit a job request through our website, email, or phone call, you expressly consent to being contacted by us via the contact method you have provided.

1.3. Our quoting services enable interested clients to express interest in our services. Paint and Fix Ltd may need to include other Tradespeople to achieve the work, this may be but not limited to, scaffolding, builder, plaster, plumbers. Paint and Fix Ltd will send clients information directly to the Tradespeople and their costs are included in our quoting services. Paint and Fix Ltd will discuss this process before your information is shared with any Tradespeople.

1.4. Clients who post or tag us on our website and or social media (Instagram, Facebook) are voluntarily submitting information and are consenting to Paint and Fix Ltd to repost and publish client’s feedback and reviews of our performance, as well as feedback and testimonials at our sole discretion. Where we post feedback and testimonials, this may include the client’s name, photos of our work, and general location.

1.5. In the event of any breach of contract (e.g., termination for failure to pay, debt recovery proceedings or enforcing a judgment), Paint and Fix Ltd may send personal information to a credit reference agency. The client shall be informed of the intended recipient of the data before it is transferred. In this event the purpose for sharing client’s information is to:

1.5.1. to facilitate court proceedings, or

1.5.2. to enforce or apply our terms and conditions; or

1.5.3. to protect the rights, property, or safety of Paint and Fix Ltd staff members and or our company.

2. UPDATING YOUR PERSONAL INFORMATION

2.1. Clients have rights to request access to, or correction of, the personal information in accordance with the Privacy Act 2020.

2.2. Subject to certain grounds for refusal set out in the Act, you have the right to access your readily retrievable personal information that we hold and to request a correction to your personal information.

2.3. Clients can email or call us to change or update your personal information held by us, including changing your email address, physical address, phone numbers. Paint and Fix Ltd may store previous email addresses, and other information against your account to ensure compliance with our terms and conditions.

2.4. It is your responsibility to let us know if the personal information which we hold about you needs to be corrected or updated.

3. COMMUNICATION

3.1. If the client has provided Paint and Fix Ltd with an email, the client agrees to communication via email and consent to us storing email communication for the purpose of communicating business, record keeping, accounting, auditing and or court proceedings in accordance with legalisation.

3.2. Phone calls are essential part of our service for clear and prompt communication, Paint and Fix Ltd agree to contact you directly on the contact number the client provides. Tradespeople may also contact you directly using the contact number provided.

3.3. Clients agree to always communicate clearly, respectfully, and honestly while engaging with Paint and Fix Ltd this includes emails, phone calls and face to face.

3.4. Paint and Fix Ltd agree to communicate with clients clearly, respectfully, and honestly.

4. THE RIGHT TO TERMINATE ENGAGEMENTS OR AND CONTRACTS

4.1. Paint and Fix Ltd hold the right to end trade and services with clients in the event of sickness that impact our ability to complete work safely, death including bereavement, any threats to our personal safety, business defamation and unpaid fees from the client. Paint and Fix Ltd will provide clients with a written letter of termination, we will send this in an email and will be kept as evidence of termination of contract. In accordance with our right to personal Privacy, we will be honest in providing clients with a justifiably explanation for the termination.

4.2. In the event Paint and Fix Ltd choose to terminate a client’s contract in line with clause 4.1 and clause 4.6, Paint and Fix Ltd hold the right to receive and enforce unpaid invoices for work completed at the time of termination. The client agrees to pay for any equipment including paint purchased by us to conduct services agreed in contract.

4.3. In the event Paint and Fix Ltd choose to terminate a client’s contract in line with clause 4.1. The client agrees there shall be no financial implications for the work of the tradespeople Paint and Fix Ltd included in the agreed contracts. The client agrees to communicate and arrange on going work for the agreed services set out in the contract. Any unpaid fees need to be discussed directly with the tradespeople.

4.4. In the event the client wants to terminate a contract, Paint and Fix Ltd hold the rights to receive honest and transparent communication from the client and in the first instance be given the opportunity to resolve the issue. If the issue cannot be resolved a contract can end if Paint and Fix Ltd jointly agree in writing to the termination of contract.

4.5. In the event there is a joint agreement to end the contract, the client accepts responsibility for Paint and Fix Ltd loss of work and agrees to pay all outstanding fees in full, no later than 7 days at the date of termination, this includes any additional fees outlined in the contract.

4.6. Clients who accept a contract with us undoubtedly have the capacity to understand the terms and conditions, have the rights to consent to work being done and have the financial ability to pay these fees on the agreed date. If you accept a contract with Paint and Fix Ltd and disclose after the event, that you do not have capacity as stated in this clause 4.6, then you are in breach of contract and Paint and Fix Ltd hold the rights to terminate the contract immediately and the client is bound by clause 4.2

5. OVERDUE FEES

5.1. If clients owe Paint and Fix Ltd any money, the client shall reimburse Paint and Fix Ltd from and against all expenses and disbursements incurred by Paint and Fix Ltd in recovering the Debt, including, but not limited to internal administration fees, full legal expenses on a solicitor-client basis and bank dishonour fees.

5.2. Unless waived by us in writing, Paint and Fix Ltd may charge interest at a rate of two and a half percent (2.5%) per calendar month on the outstanding amount from the due date of payment until the outstanding amount is paid.

6. IN THE EVENT OF DEATH

6.1. In the event the client dies before the work is complete or if there is still money to be paid, the client agrees for their estate to pay all outstanding fees. Paint and Fix Ltd hold the right to waver this at our discretion.

7. HEALTH AND SAFETY AT WORK ACT 2015

7.1. Paint and Fix Ltd and clients will comply with the Health and Safety at Work Act 2015 (HSW Act), including all health and safety duties specified in Part 2 of the HSW Act and all other applicable standards and codes of practice relating to health and safety.

7.2. The client agrees to notify us of any known hazards arising from your premises to which any person may be exposed, as well as inform us of any notifiable injury, illness, incident, or event (as defined in Part 1, subpart 3 of the HSW Act) to ensure that home or business is without risks to the health and safety of our team or any tradespeople.

Paint and Fix Ltd reserve all rights to change or amend our terms and conditions and is the client’s responsibility to ensure they read any notified changes.