These Terms of Service ("Terms") govern your use of the website www.touchjet.co.nz and any services provided by Touchjet Limited ("we", "us", or "our"), a company registered in New Zealand. By accessing our website or engaging our services, you agree to be bound by these Terms.
1. Services
Touchjet Limited provides custom software development services, including but not limited to mobile application development, web application development, AI and machine learning solutions, and cloud infrastructure services. The specific scope, deliverables, timeline, and fees for each project will be defined in a separate written agreement or statement of work ("SOW") between you and Touchjet Limited.
2. Engagement & Agreements
All software development engagements require a signed SOW or project agreement before work commences. These Terms apply in addition to any project-specific agreement. In the event of a conflict between these Terms and a signed SOW, the SOW shall prevail for the specific project.
3. Intellectual Property
Client work — Unless otherwise agreed in writing, intellectual property rights in custom software developed for you will transfer to you upon full payment of all applicable fees.
Pre-existing IP — We retain ownership of any pre-existing tools, frameworks, libraries, and methodologies used in delivering our services. Where these are incorporated into your deliverables, you receive a perpetual, non-exclusive licence to use them.
Open-source components — Deliverables may include open-source software components, which are subject to their respective licences. We will identify material open-source dependencies in documentation.
Website content — All content on www.touchjet.co.nz, including text, graphics, logos, and design, is the property of Touchjet Limited and protected by New Zealand and international copyright law.
4. Payment Terms
Payment terms, including fees, milestones, and schedules, will be specified in each SOW. Unless otherwise agreed:
Invoices are payable within 14 days of issue.
All fees are quoted in New Zealand Dollars (NZD) and are exclusive of GST unless stated otherwise.
Late payments may incur interest at 1.5% per month on the outstanding balance.
We reserve the right to suspend work on any project with overdue payments.
5. Confidentiality
Both parties agree to keep confidential any proprietary or sensitive information disclosed during the engagement. This obligation survives the termination of any agreement between the parties. Confidential information does not include information that is publicly available, independently developed, or lawfully received from a third party.
6. Warranties & Liability
We warrant that our services will be performed with reasonable skill and care, consistent with industry standards.
Software deliverables include a 30-day warranty period from delivery, during which we will fix defects at no additional cost.
To the maximum extent permitted by law, our total liability for any claim arising from our services shall not exceed the fees paid for the specific project giving rise to the claim.
We shall not be liable for indirect, incidental, consequential, or punitive damages, including loss of profits or data.
7. Termination
Either party may terminate a project engagement with 14 days' written notice. Upon termination:
You shall pay for all work completed up to the termination date.
We will deliver all completed work and materials to you.
Intellectual property provisions and confidentiality obligations survive termination.
8. Website Use
When using our website, you agree not to:
Use the website for any unlawful purpose or in violation of any applicable laws.
Attempt to gain unauthorised access to any part of the website or its systems.
Reproduce, distribute, or create derivative works from website content without permission.
9. Governing Law
These Terms are governed by and construed in accordance with the laws of New Zealand. Any disputes arising from these Terms or our services shall be subject to the exclusive jurisdiction of the courts of New Zealand.
10. Changes to These Terms
We reserve the right to update these Terms at any time. Changes will be posted on this page with an updated revision date. Continued use of our website or services after changes constitutes acceptance of the revised Terms.
11. Contact Us
If you have any questions about these Terms of Service, please contact us: