Terms of Service

1. DEFINITIONS

In these Terms of Service, the following definitions apply:

1.1 "Company", "FormanPacific", "we", "us", "our"

FormanPacific Limited, a New Zealand registered company (NZBN: 9429042001234), including all subsidiaries, affiliates, and related entities.

1.2 "Platform"

The FormanPacific service claims management system, including all websites, applications, APIs, and related technologies.

1.3 "Services"

All services provided through the Platform, including claims processing, emergency response coordination, supplier dispatch, and related activities.

1.4 "User", "you", "your"

Any individual or entity accessing or using the Platform or Services, including insurers, corporate clients, claimants, and authorized representatives.

1.5 "Supplier"

Independent third-party contractors, service providers, and vendors within the FormanPacific network who provide goods or services to Users.

1.6 "Claim"

Any insurance claim, service request, or emergency response request processed through the Platform.

1.7 "Agreement"

These Terms of Service, including all referenced policies, schedules, and amendments.

1.8 "Applicable Laws"

All relevant New Zealand laws and regulations, including but not limited to the Contract and Commercial Law Act 2017, Consumer Guarantees Act 1993, Fair Trading Act 1986, and Privacy Act 2020.

1.9 "Force Majeure"

Events beyond reasonable control including natural disasters, pandemics, war, terrorism, civil unrest, government actions, or infrastructure failures.

1.10 "Intellectual Property Rights"

All intellectual property rights including copyrights, trademarks, patents, trade secrets, and proprietary information.

2. ACCEPTANCE OF TERMS

2.1 Methods of Acceptance

You accept these Terms through any of the following actions:

• Creating an account on the Platform
• Using or accessing any Services
• Making any payment for Services
• Submitting a Claim through the Platform
• Clicking "Accept" or similar affirmative action
• Continued use after notification of Terms updates

2.2 Capacity and Authority

By accepting these Terms, you represent and warrant that:

• You are at least 18 years of age
• You have the legal capacity to enter binding contracts
• If acting for an entity, you have full authority to bind that entity
• Your use of Services will not violate any applicable laws

3. SERVICES DESCRIPTION

3.1 Platform Services

FormanPacific provides a technology platform that facilitates:

• Insurance claims processing and management
• Emergency response coordination
• Supplier dispatch and management
• Service delivery tracking and monitoring
• Documentation and reporting
• Payment processing and reconciliation

3.2 Role as Intermediary

IMPORTANT: FormanPacific acts solely as an intermediary platform connecting Users with independent Suppliers. We do not directly provide repair, construction, emergency response, or other physical services.

3.3 No Guarantee of Outcomes

While we strive for excellence, FormanPacific does not guarantee:

• Specific outcomes or results from Services
• Continuous, uninterrupted Platform availability
• Error-free operation of the Platform
• Supplier performance or work quality
• Claim approval or settlement amounts

4. REGISTRATION & ACCOUNT

4.1 Account Creation

To access certain Services, you must create an account by providing:

• Accurate and complete registration information
• Valid contact details including email and phone number
• Proof of identity and authority as required
• Insurance policy details (if applicable)
• Payment information

4.2 Account Security

You are solely responsible for:

• Maintaining the confidentiality of your login credentials
• All activities occurring under your account
• Immediately notifying us of any unauthorized use
• Ensuring your account information remains current and accurate

4.3 Account Suspension and Termination

FormanPacific reserves the absolute right to:

• Suspend or terminate any account without notice
• Refuse service to any User at our sole discretion
• Modify or discontinue Services without liability
• Investigate suspected violations of these Terms

5. USER OBLIGATIONS

5.1 Compliance Requirements

Users must:

• Comply with all Applicable Laws and regulations
• Provide accurate, truthful information at all times
• Cooperate with reasonable requests for information
• Maintain appropriate insurance coverage as required
• Ensure safe access for Suppliers to service locations

5.2 Prohibited Activities

Users must NOT:

• Submit false or fraudulent Claims
• Misrepresent facts or circumstances
• Attempt to circumvent the Platform to engage Suppliers directly
• Use Services for any illegal or unauthorized purpose
• Interfere with or disrupt Platform operations
• Attempt to gain unauthorized access to any systems
• Reverse engineer, decompile, or disassemble any Platform technology
• Use automated systems or bots without written permission

6. SERVICE DELIVERY

6.1 Supplier Services

Services performed by Suppliers are governed by separate agreements between Users and Suppliers. FormanPacific is not a party to these agreements and assumes no responsibility for:

• Quality of workmanship or materials
• Timeliness of service delivery
• Compliance with specifications or requirements
• Warranties or guarantees on work performed
• Disputes between Users and Suppliers

6.2 Service Levels

While we target specific response times, these are objectives only and do not constitute guarantees. Actual response times may vary based on:

• Location and accessibility
• Supplier availability
• Weather and road conditions
• Nature and complexity of the service required
• Force Majeure events

6.3 User Responsibilities During Service

Users must:

• Provide safe access to service locations
• Disclose all hazards and safety concerns
• Ensure authorized persons are available if required
• Comply with Supplier reasonable instructions
• Inspect and approve work upon completion

7. PAYMENT TERMS

7.1 Payment Obligations

Users agree to pay all fees and charges including:

• Service fees as quoted or agreed
• Platform usage fees
• Emergency response surcharges
• Cancellation or no-show fees
• Additional charges for out-of-scope work
• All applicable taxes and duties

7.2 Payment Processing

ALL PAYMENTS ARE FINAL AND NON-REFUNDABLE unless otherwise required by law or specifically agreed in writing by FormanPacific.

7.3 Late Payment

For overdue amounts:

• Interest accrues at 2.5% per month (30% per annum)
• We may engage collection agencies
• You are liable for all collection costs and legal fees
• We may suspend or terminate Services immediately
• We may report to credit agencies

7.4 Lien Rights

FormanPacific and its Suppliers retain a possessory lien over any property in their possession until all amounts owed are paid in full. If property is not collected within 30 days after notice, we may:

• Deem the property abandoned
• Sell or dispose of the property
• Apply proceeds to outstanding amounts
• Pursue you for any deficiency

7.5 Storage Fees

Storage fees of $75.00 per day apply to any vehicle or property not collected within 48 hours of notification that it is ready for collection.

8. LIMITATION OF LIABILITY

8.1 Disclaimer of Warranties

THE PLATFORM AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. FORMANPACIFIC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:

• WARRANTIES OF MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY OR COMPLETENESS OF INFORMATION
• UNINTERRUPTED OR ERROR-FREE SERVICE

8.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FORMANPACIFIC SHALL NOT BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, OR USE
• BUSINESS INTERRUPTION OR LOSS OF BUSINESS OPPORTUNITY
• ACTIONS OR OMISSIONS OF SUPPLIERS
• DELAYS IN SERVICE DELIVERY
• PROPERTY DAMAGE OR PERSONAL INJURY

8.3 Cap on Liability

IN ANY EVENT, FORMANPACIFIC'S TOTAL LIABILITY SHALL NOT EXCEED THE LESSER OF:

• $1,000 NZD; or
• The amount paid by you to FormanPacific in the 12 months preceding the claim

8.4 Exceptions

These limitations may not apply to liability arising from:

• Our gross negligence or willful misconduct
• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any other liability that cannot be excluded by law

9. INDEMNIFICATION

9.1 User Indemnification

You agree to indemnify, defend, and hold harmless FormanPacific, its officers, directors, employees, agents, affiliates, and partners from and against all claims, damages, obligations, losses, liabilities, costs, and expenses (including legal fees) arising from:

• Your use or misuse of the Platform or Services
• Your violation of these Terms
• Your violation of any Applicable Laws
• Your violation of any third-party rights
• Your negligence or willful misconduct
• Any dispute between you and Suppliers
• False or misleading information provided by you
• Your failure to maintain required insurance

9.2 Defense and Settlement

FormanPacific reserves the right to assume exclusive defense and control of any matter subject to indemnification. You agree to cooperate fully in the defense of any claim.

10. INTELLECTUAL PROPERTY

10.1 FormanPacific Property

All content, features, and functionality of the Platform, including but not limited to text, graphics, logos, icons, images, audio, video, software, and compilations thereof, are the exclusive property of FormanPacific or its licensors and are protected by intellectual property laws.

10.2 Limited License

Subject to these Terms, FormanPacific grants you a limited, non-exclusive, non-transferable, revocable license to:

• Access and use the Platform for authorized purposes
• Download and print materials solely for business use

10.3 Restrictions

You may not:

• Copy, modify, or create derivative works
• Reverse engineer or attempt to extract source code
• Sell, rent, lease, or sublicense any part of the Platform
• Remove or alter proprietary notices
• Use our trademarks without written permission

10.4 Feedback

Any feedback, suggestions, or ideas you provide become the property of FormanPacific without compensation to you.

11. CONFIDENTIALITY

11.1 Confidential Information

Users may have access to confidential information including but not limited to business processes, technical data, customer information, and pricing. Users agree to:

• Maintain strict confidentiality
• Use information solely for authorized purposes
• Not disclose to third parties without consent
• Protect information with reasonable security measures

11.2 Exceptions

Confidentiality obligations do not apply to information that:

• Is or becomes publicly available through no breach
• Was rightfully known before disclosure
• Is independently developed without use of confidential information
• Must be disclosed by law or court order

12. TERMINATION

12.1 Termination by FormanPacific

We may terminate or suspend your account and access to Services immediately, without prior notice or liability, for any reason, including but not limited to:

• Violation of these Terms
• Non-payment of fees
• Fraudulent or illegal activity
• At our sole discretion without cause

12.2 Termination by User

You may terminate your account at any time by providing written notice. Termination does not relieve you of obligations incurred prior to termination.

12.3 Effects of Termination

Upon termination:

• Your access to the Platform ceases immediately
• All outstanding amounts become immediately due
• We may delete your data after 30 days
• Provisions intended to survive termination remain in effect

13. DISPUTE RESOLUTION

13.1 Governing Law

These Terms are governed by the laws of New Zealand without regard to conflict of law principles.

13.2 Negotiation

Parties shall first attempt to resolve disputes through good faith negotiation.

13.3 Arbitration

If negotiation fails, disputes shall be resolved through binding arbitration under the Arbitration Act 1996 (NZ):

• Single arbitrator agreed by parties or appointed by AMINZ
• Arbitration in Wellington, New Zealand
• Conducted in English
• Decision is final and binding

13.4 Exceptions

Either party may seek injunctive relief or debt collection through courts without first arbitrating.

13.5 Class Action Waiver

YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS AGAINST FORMANPACIFIC.

13.6 Costs

Each party bears its own costs unless the arbitrator determines one party acted unreasonably, in which case that party pays all costs.

14. GENERAL PROVISIONS

14.1 Entire Agreement

These Terms constitute the entire agreement between you and FormanPacific regarding the Services and supersede all prior agreements and understandings.

14.2 Amendments

FormanPacific reserves the right to modify these Terms at any time. Changes are effective immediately upon posting. Continued use after changes constitutes acceptance.

14.3 Waiver

No waiver of any provision shall be deemed a further or continuing waiver of such provision or any other provision.

14.4 Severability

If any provision is held invalid or unenforceable, the remaining provisions continue in full force and effect.

14.5 Assignment

You may not assign these Terms without our written consent. FormanPacific may assign these Terms without restriction.

14.6 Force Majeure

Neither party is liable for failure to perform obligations due to Force Majeure events.

14.7 Notices

Legal notices to FormanPacific must be sent to:

14.8 No Agency

Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and FormanPacific.

14.9 Interpretation

Headings are for convenience only and do not affect interpretation. "Including" means "including without limitation."

14.10 Electronic Communications

You consent to receive communications electronically and agree that electronic signatures satisfy any legal requirements.

QUESTIONS ABOUT THESE TERMS?

If you have questions about these Terms of Service, please contact us:

• Email: legal@formanpacific.com
• Phone: 04 887 3337
• Business Hours: Monday-Friday, 8:30 AM - 5:00 PM NZST

For general inquiries, please visit our Contact Page.