Last Updated on Ocotber 01, 2024
Welcome to TOMA Ltd. By accessing or using our services, including our website, you agree to be bound by the following Terms and Conditions. These Terms govern your relationship with TOMA Total in compliance with New Zealand laws, including the Consumer Guarantees Act 1993 and Fair Trading Act 1986. Please read these Terms carefully before using our services.
General Terms
1.1 Acceptance of Terms
By using our services or website, you agree to be legally bound by these Terms. If you do not agree to these Terms, please refrain from using our services.
1.2 Modifications to Terms
TOMA Total reserves the right to modify these Terms at any time. Changes will be effective upon posting on this page, with an updated "Effective Date." Continued use of our services after such changes signifies your acceptance.
1.3 New Zealand Law
These Terms are governed by the laws of New Zealand. Any disputes arising from these Terms or your use of our services will be subject to the jurisdiction of New Zealand courts.
Services Offered
2.1 Scope of Services
TOMA Total provides building maintenance, cleaning, project management, and height services to both commercial and residential clients. Specific details of our services will be outlined in service agreements or quotes provided for each project.
2.2 Service Availability
We operate across Auckland and the North Island of New Zealand. Service availability may vary based on location and project scope.
2.3 Quotes and Estimates
All quotes and estimates provided by TOMA Total are valid for 30 days unless otherwise stated. Prices and services outlined in quotes may change due to unforeseen circumstances, and any changes will be communicated to the client for approval.
Client Obligations
3.1 Accurate Information
Clients must provide accurate and up-to-date information when requesting services or completing forms on our website. You are responsible for ensuring that all project requirements and site conditions are communicated clearly.
3.2 Access to Property
Clients must provide TOMA Total with access to the property at agreed-upon times for the purpose of conducting maintenance, repairs, or inspections. Failure to provide access may result in delays or additional charges.
3.3 Site Safety and Conditions
Clients are responsible for ensuring that the site is safe for our personnel to work and that any known hazards are disclosed. TOMA Total reserves the right to halt work if site conditions are deemed unsafe.
Payments and Fees
4.1 Payment Terms
Payment for services must be made in accordance with the terms outlined in the service agreement or invoice. We accept credit/debit cards, direct deposit, bank transfers, cash, and payment is due within 5 days of the invoice date, unless otherwise agreed.
4.2 Late Payments
If payment is not received by the due date, TOMA Total reserves the right to charge interest on overdue amounts at a rate of 10% per month until the balance is paid in full.
4.3 Cancellations and Refunds
If you need to cancel a scheduled service, please notify us at least [insert number] days in advance. Cancellations made within this period may be eligible for a refund, minus any reasonable costs incurred. Refunds for completed services are subject to the Consumer Guarantees Act 1993.
5. Consumer Rights
5.1 Consumer Guarantees Act 1993 (CGA)
TOMA Total complies with the Consumer Guarantees Act 1993. Our services are provided with reasonable care and skill, fit for their purpose, and delivered within a reasonable time. If a service fails to meet these guarantees, you are entitled to remedies under the CGA, including repair, replacement, or a refund, depending on the circumstances.
5.2 Fair Trading Act 1986 (FTA)
We comply with the Fair Trading Act 1986, ensuring that all advertising, quotes, and representations about our services are accurate and not misleading. If you believe that we have misrepresented our services, you have rights under the FTA.
6. Liability and Warranties
6.1 Limitation of Liability
TOMA Total is not liable for any indirect, incidental, or consequential damages, including loss of profits, business interruption, or loss of data, arising from the use of our services or website, except to the extent required by New Zealand law.
6.2 Warranties
TOMA Total provides warranties in accordance with the Consumer Guarantees Act 1993. Any additional warranties for services or materials will be detailed in the service agreement. Warranties do not cover damage caused by misuse, neglect, or external factors outside of our control.
7. Termination of Services
7.1 Termination by Client
You may terminate services at any time by providing written notice to TOMA Total. Any outstanding charges for work completed up to the termination date must be paid in full.
7.2 Termination by TOMA Total
We reserve the right to terminate services if:
You breach these Terms;
You fail to make payment as agreed;
Site conditions are deemed unsafe.
In the event of termination, any work completed up to the date of termination will be invoiced and must be paid by the client.
8. Privacy and Data Protection
8.1 Privacy Policy
TOMA Total respects your privacy. All personal information collected is handled in accordance with our [Privacy Policy](insert link) and the Privacy Act 2020. By using our services, you consent to the collection, use, and disclosure of your information as outlined in our Privacy Policy.
9. Website Use
9.1 Intellectual Property
All content on the TOMA Total website, including text, images, logos, and design, is the intellectual property of TOMA Total unless otherwise stated. You may not reproduce, distribute, or exploit this content without our written consent.
9.2 Third-Party Links
Our website may contain links to third-party websites for your convenience. TOMA Total is not responsible for the content or practices of these third-party sites.
10. Dispute Resolution
10.1 Negotiation
In the event of a dispute, both parties agree to make reasonable efforts to resolve the issue through negotiation.
10.2 Mediation
If negotiation fails, the parties may agree to mediation as a form of alternative dispute resolution, with the mediator's decision being non-binding unless otherwise agreed.
10.3 Court Action
If the dispute cannot be resolved through negotiation or mediation, either party may take legal action in the courts of New Zealand.
11. Contact Information
If you have any questions regarding these Terms and Conditions, please contact us at: info@toma.co.nz or 0800 667677
