Terms of Service
These Terms of Service apply whenever New Era Technology(referred to as the Company, we, us, or our) provides business services to the Client (referred to as you or your). Our services include, but are not limited to:
- Managed Services
- Service Desk
- Internet Services Support
- Project Services and Delivery
- Technical Support
- Professional Consultancy
By accepting a recommendation, proposal, or quote from NewEra Technology, you agree to these Terms of Service, including any specific terms or scope outlined in an agreement. In addition to any other forms of acceptance, acceptance will be deemed confirmed upon New Era Technology delivering the requested goods and services.
New Era Technology and the Client acknowledge that this Agreement, along with New Era Technology’s Terms of Service and New Era Technology’s Terms and Conditions of Sale, together constitute the entire agreement between both parties. The Client acknowledges that they have not relied upon any external representations beyond those explicitly outlined within this agreement. Additionally, the Client accepts New Era Technology’sTerms and Conditions of Sale.
New Era Assurance applies when hardware and its associated software are under an active warranty and/or support agreement. In the event of failure, New Era Technology will repair hardware covered under warranty and handle all associated engineering and system recovery work at no additional cost to the Client. This ensures that New Era Technology assumes full responsibility for resolving network or server hardware/software issues, ensuring the network is restored to full functionality.
This assurance goes beyond a standard hardware replacement warranty, covering the necessary engineering and system reconfiguration required due to failures. New Era Technology will support clients in resolving major issues quickly. However, sourcing and replacing hardware involves liaising with vendors and extensive administration. For example, if a server’s hard drive fails, New Era Technology will log a job with vendor and retrieve and restore all backed-up data using our recommended backup solution.
However, New Era Assurance does not apply if the hardware is out of warranty or has not been maintained to the expected standard based on New Era Technology’s recommendations (e.g., using unsupported software on in-warranty hardware). We regularly provide recommendations to ensure that essential network infrastructure remains optimal. If a Client opts to not follow these recommendations, any remediation or recovery services will be chargeable.
New Era Technology is dedicated to delivering high-quality solutions that exceed client expectations. Our priority is fostering a long-term, mutually beneficial partnership. We guarantee that services will be delivered in a timely, professional, and reliable manner.
We will ensure that all provided services align with the agreed-upon terms. If we determine that a requested service falls outside the scope of the agreement, we will seek prior approval before proceeding with any work.
New Era Technology conducts a Ministry of Justice criminal record check as part of the recruitment process for all hired staff. This check provides information on convictions only.
In accordance with New Zealand regulations, schools are responsible for conducting their own Police Vetting Checks for our employees working onsite. New Era Technology is not responsible for this process, as each school must independently carry out these checks. Due to privacy regulations, the results of these checks cannot be shared between organisations.
All schools in New Zealand are classified as Approved Agencies, as they provide care to children and students, and are therefore required to complete the necessary vetting procedures.
Your onsite Support Engineer is responsible for operational support during business hours of your network. However, major network changes or additions are classified as project work, for the following reasons:
- The onsite Support Engineer may not have the specialised training or certifications required for certain types of project work.
- Even if they have the capability, project work could significantly impact their ability to provide network support during business hours.
- Many projects require a team-based approach, ensuring that the work is completed efficiently and by the appropriate specialists.
The Customer may request additional services or projects. New Era Technology may provide estimates, quotations, scopes of work, or other documentation in relation to these requests.
If additional services are undertaken without an agreed price, they will be charged at our standard service rates, along with any additional costs or expenses incurred in delivering those services. Any modifications or amendments to an existing scope of work may also incur additional fees, as agreed from time to time. The terms of this agreement will apply to all additional services and amended specifications.
If there is a dispute over an invoice, only the disputed amount may be withheld, while the undisputed portion must be paid by the due date. The Customer should notify New Era Technology of the dispute so it can be reviewed and resolved accordingly.
- GST and any other applicable taxes will be charged in addition to all invoiced amounts.
- Invoices are issued monthly, with payment due on the 20th of the month following the invoice date, unless otherwise agreed.
- Monthly billing will typically cover the upcoming month’s services.
At New Era Technology, we apply Consumer Price Index (CPI) adjustments to our agreements to ensure our services remain sustainable, high-quality, and aligned with industry standards.
CPI adjustments reflect the rising costs of labour, technology, and operational expenses, allowing us to:
✔ Maintain service excellence without compromising on quality.
✔ Continue investing in innovation to support evolving client needs.
✔ Ensure pricing remains fair and competitive by adjusting for inflationary pressures.
By applying CPI increases, we can uphold our commitment to long-term service reliability while keeping agreements transparent and aligned with economic conditions.
If New Era Technology assigns a permanent resource for regular onsite work at a customer’s premises, there may be instances where onsite staff become unwell or require leave during the school term. To minimise disruptions, New Era Technology encourages all support staff to schedule leave during term breaks whenever feasible.
Annual Leave
Onsite Engineers requesting two or more consecutive days of annual leave must provide at least one month’s notice to New Era Technology. Leave approval is subject to agreement between all relevant parties, ensuring that both the employee’s and employer’s needs are considered. If the leave request is approved, New Era Technology will arrange onsite cover for any absence exceeding two days.
For leave requests under two days, approval will be assessed on a case-by-case basis, depending on the availability of suitable cover.
Sick Leave
If an Onsite Engineer is unable to attend work due to illness on a scheduled onsite day, they must inform New Era Technology before their expected start time. If the absence extends beyond three consecutive working days, a medical certificate may be required.
New Era Technology will promptly inform the client’s designated primary contact of any absences. If an alternate Support Engineer is available, arrangements will be made for cover. If a replacement is not immediately available, an alternative service date may be proposed.
TRAVEL TIME
Travel for any onsite visits include 30 minutes of travel time as part of all service agreements excluding Platinum Agreements. For example, if a Client has a 4-hour onsite agreement, the Support Engineer starts at 8:30 AM and concludes onsite duties at 12:00 PM, allowing for 30 minutes of travel time within the allocated schedule.
At New Era Technology, we apply Consumer Price Index (CPI) adjustments to our agreements to ensure our services remain sustainable, high-quality, and aligned with industry standards.
CPI adjustments reflect the rising costs of labour, technology, and operational expenses, allowing us to:
✔ Maintain service excellence without compromising on quality.
✔ Continue investing in innovation to support evolving client needs.
✔ Ensure pricing remains fair and competitive by adjusting for inflationary pressures.
By applying CPI increases, we can uphold our commitment to long-term service reliability while keeping agreements transparent and aligned with economic conditions.
Public holidays can occasionally disrupt scheduled onsite technical visits. Since most New Zealand public holidays fall on Mondays or Fridays, as outlined in the Managed Services Agreement, Support Engineers will not be required to work on public holidays, and no substitution or other compensation for public holidays falling within a week otherwise worked will be made proactively by New Era Technology. Onsite visits that may be disrupted by public holidays may be rescheduled in advance, but discussions must be initiated by the Client.
Due to high demand, rescheduling visits impacted by public holidays can be challenging. If the Client requires adjustments to their onsite schedule, please discuss this with us well in advance.
A major percentage of New Era Technology’s clientele are schools. To ensure smooth planning, New Era Technology aligns onsite Support Engineer schedules with school operating dates:
- At the start of the year, term-time onsite support commences from the first day the school is open for instruction.
- At the end of the year, term-time onsite support concludes on the last day the school is open for instruction.
To ensure clarity, a school is deemed “open for instruction” when a full or half-day counts towards its required instructional hours, based on when students commence or conclude their school year (this does not apply to staff). Some school contracts include dedicated term-break support hours, which are scheduled by mutual agreement, usually the week preceding the commencement of term-time onsite support.
Additionally, per Ministry of Education guidelines and collective agreements, Teacher Only Days are not classified as instructional days. Service will only be provided on these days if mandated by the Ministry.
N4L is an Internet Service Provider and manages the switching and wireless infrastructure. This could include, for the majority of New Zealand schools, the internet connection, web and content filtering, firewall services and policies, and network performance. New Era Technology can provide device support, internal network management, cybersecurity, software updates, user access issues and first-level support in relation to N4L’s infrastructure. Issues outside of our scope will be escalated to N4L.
Any Network for Learning (N4L) project work exceeding one hour is considered billable, as these projects are not New Era Technology-led. Once work has exceeded one hour, the school will be informed that additional work will be invoiced.
Onsite support for commercial clients will cover 48 weeks of the year, or as needed by the Client. New Era Technology has a holiday closedown period where a small team of select staff will be working remotely to continuously monitor any outages or issues that may occur during this time. If onsite support is needed during the holiday closedown period, the Client is encouraged to speak to New Era Technology as soon as possible to arrange the scheduling of resources.
To ensure effective service delivery, the Client agrees to:
- Provide accurate and relevant information for New Era Technology to deliver services efficiently.
- Allow New Era Technology to liaise with service partners when necessary.
- Maintain minimum hardware and software standards as recommended by New Era Technology. If the recommendations for minimum hardware and software standards are ignored, New Era Technology takes no responsibility for any possible faults or disruptions that may occur.
- Consult New Era Technology before purchasing any ICT products that may require support or integration. If found that the Client has not consulted New Era Technology first, they may forfeit their supplier discount as per their agreement.
- Understand that network maintenance may cause temporary service interruptions, for which prior notice will be given when possible.
- Ensure a safe working environment for New Era Technology’s employees. This may include, but not limited to:
- Support Engineers are expected to work primarily in clean, quiet, and well-ventilated areas. While some background noise from onsite activities is expected, they are not required to remain for extended periods in areas with constant machinery noise.
Examples include server rooms, which often have low temperatures and high ambient noise, and network switch cabinets, where continuous sound levels could potentially impact health and wellbeing over time.
- Professional working relationships between the Client personnel and New Era Technology’s employees. Any hostile or harassing behaviour must be addressed by the Client immediately upon being notified.
- Ensuring areas are clear of hazards and harmful substances.
- Attempting to compel the New Era Technology employee to perform any unsafe tasks or tasks the New Era Technology’s employee has not been trained to do.
- Provide necessary health and safety instructions, equipment or notifications for any visiting New Era Technology employee which can include safety inductions, sign in/out sheets, PPE, or emails of any changes.
To the extent permitted under New Zealand law, New Era Technology shall not be liable for:
- Any direct, indirect, or incidental losses, including but not limited to business disruptions, financial losses, or data loss.
- Service interruptions caused by external factors beyond our control.
If applicable, New Era Technology’s liability is capped at the total service fees paid in the 12 months preceding the incident.
- If payments are not received on time, New Era Technology reserves the right to suspend or limit services after reasonable notice.
SITE ACCESS
If New Era Technology staff are provided with keys and/or security access to the Customer’s premises, they must collect and return the keys to the designated location or person each day. Keys must not be taken home unless explicit approval has been granted by the school.
The Customer must inform their Account Executive when keys or access codes are provided to New Era Technology staff. Any newly issued or additional keys must also be reported.
The Customer acknowledges that New Era Technology cannot be held liable for any loss related to keys in its possession.
The Customer acknowledges that New Era Technology may modify the way services are delivered, provided that such changes do not have a significant impact on the services required by the Customer.
However, we reserve the right to adjust our services if necessary to maintain the security of our systems or business operations. If any change has a material impact on the services we provide or the Customer requires, we will discuss available options with you. Additionally, we reserve the right to relocate hosting services as needed.
New Era Technology assumes that you hold the necessary legal rights to any software you request us to install on your systems. We may also require you to provide the original installation media and license details.
It is your responsibility to ensure that any software you purchase or obtain from external sources is legally acquired and free from viruses. New Era Technology cannot be held responsible for any issues related to software piracy or licensing violations on your system.
If the Customer purchases software or services from New Era Technology or any other supplier, manufacturer, or vendor, and the agreement includes automatic renewals or ongoing obligations, it is the Customer’s responsibility to fulfil those obligations or ensure cancellation within the terms specified in the agreement.
By agreeing to these Terms of Service, you authorise New Era Technology to use its available software and service tools to deliver any agreed or required services. These tools assist in diagnosing and resolving technical issues and performing essential services. You grant New Era Technology permission to access and store relevant data within these tools as necessary to fulfil our obligations under this agreement.
Personal information collected may be used to:
- Register the Customer for our services and/or software.
- Respond to service requests and deliver agreed services.
- Enhance performance and support for the services and software.
- Provide updates or promotional material, should you opt to receive such communications.
New Era Technology will only use the information for its intended purpose and will take reasonable steps to limit staff access to personal information while providing services.
The Customer is responsible for ensuring they have the necessary consent to release, share, or input any required data. If the data includes personal information, the Customer must ensure they have the right to access and request corrections under the Privacy Act 1993. New Era Technology will comply with the Privacy Act in handling any data subject to its provisions. Customers should not input data into services provided by New Era Technology if they are not legally entitled to do so.
For clarity, New Era Technology does not claim ownership of the Customer’s data or information that is hosted or stored as part of any authorised service.
New Era Technology is committed to maintaining the strict confidentiality of the Customer’s information and data. We will only disclose information related to your business when:
- It is necessary to provide a service you have requested.
- It is shared with trusted business partners who have a legitimate need to know.
- It is required by law or regulatory obligations.
The Customer also agrees to keep confidential the terms of this Agreement and any deliverables resulting from services provided by New Era Technology. However, this obligation does not apply to information that:
(a) was already known by the recipient without a confidentiality obligation,
(b) becomes public knowledge without breach of this Agreement,
(c) is lawfully obtained from a third party with no confidentiality restrictions,
(d) is independently developed without access to confidential information, or
(e) is required to be disclosed by court order or applicable law, provided the Owner is notified and reasonable efforts are made to limit disclosure.
The Customer acknowledges that New Era Technology may reference the Customer’s name when engaging with suppliers, business partners, or other customers. Additionally, general, non-sensitive information about the Customer’s services or systems may be shared where necessary to support service delivery or facilitate collaboration with other customers and suppliers.
As part of our services, New Era Technology may require administrative access to servers, tools, applications, and devices that contain confidential and private information. While we are a trusted technology partner, our staff are expected to only access files necessary to perform their duties and adhere to strict confidentiality standards.
In the course of providing support, there may be instances where we inadvertently view or access personal or sensitive information within a customer’s network, systems, or devices. We remain committed to treating all such information with the utmost discretion and security.
New Era Technology does not guarantee that services will be uninterrupted or error-free. As our services and products are provided for business / school purposes, the provisions of the New Zealand Consumer Guarantees Act 1993 do not apply.
The Customer acknowledges that service performance depends on various factors, including internet connectivity, human interaction, third-party services, and software dependencies. While we make every effort to minimise disruptions and provide prior notice when possible, service interruptions may still occur. The Customer accepts the risk of such disruptions and waives any claims related to service interruptions or their consequences.
The Customer agrees to take appropriate measures to protect their devices, network, and data from loss, failure, or interruptions. New Era Technology is not responsible for any data loss, business / school interruption, or consequential damages, even if advised of potential risks.
The Customer remains responsible for securing and backing up all devices, networks, and data. While New Era Technology may recommend and manage backup and security solutions, we cannot be held financially liable for security breaches, hardware failures, or IT service-related issues.
Before any IT service or support work is carried out, we strongly recommend that the Customer ensures all staff members have a full and reliable backup of their data and system configurations. While New Era Technology can assist with data recovery, we are not liable for any direct or consequential loss of data, and the Customer waives any claims related to data loss or system failures.
If you require additional backup solutions, we can work with you to establish an appropriate policy to mitigate risks and ensure data protection.