These Terms apply to your use of the Cloud1st website and to any quotes, supply, installation, and support services we provide unless we enter a separate signed agreement with you. By accessing our site or engaging us, you agree to these Terms. These Terms are between you and Cloud 1st Limited trading as Cloud1st.
Key definitions: "Customer", "you" means the business that purchases products or services from us. "Cloud1st", "we", "us" means Cloud 1st Limited trading as Cloud1st in New Zealand. "Services" include POS, EFTPOS, payments and IT services. "Products" include hardware and software we resell or provision.
1) Quotes, orders and onboarding
- Quotes are valid for 14 days unless stated otherwise and exclude GST unless specified.
- An order is placed when you accept a quote in writing (email/portal) or pay an invoice/deposit.
- We may require reasonable onboarding information and access to systems/premises to deliver Services.
2) Pricing, invoices and payment
- Prices are in NZD and exclusive of GST unless stated otherwise. Freight and travel may be additional.
- Payment terms: due on invoice or as specified on the quote (e.g. 50% deposit for hardware; balance on delivery/installation).
- Invoicing entity: Invoices are issued by Cloud 1st Limited (trading as Cloud1st).
- Overdue amounts may accrue interest at 1.5% per month (or the maximum permitted by law) plus reasonable collection costs.
3) Hardware supply, delivery and risk
- Title in hardware passes to you on full payment. Risk of loss passes on delivery to your site or carrier.
- You are responsible for adequate site power, data, and physical security.
- We may substitute equivalent components if a model is end-of-life or unavailable (we'll confirm any material changes first).
4) Software licensing
Third-party software (POS platforms, RMM tools, antivirus, operating systems) is licensed subject to the vendor's terms. You agree to comply with those terms. Subscriptions are typically monthly or annual and may auto-renew unless cancelled in accordance with the vendor rules.
5) Support and maintenance
- Unless a separate SLA is agreed, support is provided on a best-efforts basis during business hours (Mon–Fri 9am–5pm NZT) with optional after-hours support at our published rates.
- Remote support requires stable internet and remote-access permissions. On-site work may incur travel/time charges.
6) Customer responsibilities
You will:
- Provide safe and timely access to premises, systems, and knowledgeable staff.
- Maintain appropriate backups of your data and test restores unless a managed backup service is contracted with us.
- Keep your systems patched/licensed and follow reasonable security guidance we provide.
- Obtain necessary consents for any personal information you provide to us about others (e.g. your staff/customers).
7) Warranties and the Consumer Guarantees Act (CGA)
- We will deliver our Services with reasonable care and skill.
- Hardware may include a manufacturer warranty; we will help you access warranty support.
- Nothing in these Terms limits your rights under the New Zealand Consumer Guarantees Act 1993 (for qualifying consumer purchases). If you are acquiring goods/services for business purposes, the parties agree that the CGA does not apply to the extent permitted by section 43.
8) Limitation of liability
To the maximum extent permitted by law:
- We are not liable for indirect or consequential loss, loss of profits, revenue, data, or business interruption.
- Our aggregate liability for any claim arising out of these Terms or our Services is limited to the fees paid by you for the relevant Service in the 3 months before the event giving rise to the claim.
- These limits do not apply to liability that cannot be excluded under law (e.g. CGA where it applies, fraud, wilful misconduct).
9) Delays and force majeure
We are not responsible for delays outside our reasonable control (e.g. carrier delays, vendor outages, supply chain issues, extreme weather). We will keep you informed and work to mitigate impacts.
10) Confidentiality and IP
- Each party must keep the other's confidential information confidential and use it only to perform obligations under these Terms.
- Unless otherwise agreed, deliverables, scripts and documentation we create for you are licensed for your internal business use. Our pre-existing IP and tools remain ours.
11) Data protection and privacy
We will handle personal information in accordance with our Privacy Policy.
12) Third-party services and carriers
Some Services rely on third-party networks, payment acquirers, telcos/ISPs, or software vendors. We are not responsible for their performance or terms, but we will assist you to the extent reasonably possible.
13) Term, suspension and termination
- Either party may terminate for material breach if not remedied within 14 days of notice.
- We may suspend Services for non-payment after reasonable notice.
- On termination, you must pay all amounts due and we will return or delete your data from our systems within a reasonable time, subject to legal retention requirements.
14) Website use
- Website content is provided "as is" for general information. We may update content without notice.
- Do not misuse the site (e.g. attempt to breach security, scrape without permission, or harm performance).
- All trademarks, logos and content on the site are owned by us or our licensors. You may not use them without permission.
15) Governing law and disputes
These Terms are governed by the laws of New Zealand. Disputes should first be discussed in good faith between authorised representatives. If unresolved, the parties may use the Disputes Tribunal (where eligible) or the Courts of New Zealand (Auckland registry).
16) Changes to these Terms
We may update these Terms from time to time. Changes take effect when published on our website with an updated effective date. If changes are material to an active subscription or project, we will provide reasonable advance notice where practicable.
17) Contact
Questions about these Terms: [email protected]
Billing/enquiries: +64 27 253 4678