Terms of Service

V.1.0 Last Updated: 20 October 2025

Introduction

These Terms of Service (“Terms”) set forth the rules and guidelines that govern your access to and use of all products, managed services, solutions, platforms, and websites operated by OptimaTech Ltd (“OptimaTech,” “we,” “us,” or “our”). By choosing to engage with or use any of our Services, you (“Client,” “you,” or “your”) agree to be bound by these Terms. If you do not agree to these Terms, you should not use our website or Services. OptimaTech is committed to providing transparency, fairness, and compliance, while maintaining efficiency and security in all client, partner, and user engagements.

1. Scope and Applicability

These Terms apply to a wide range of services and activities provided by OptimaTech, including:

  • Managed IT and cybersecurity services
  • Cloud management, network infrastructure, and system monitoring
  • Software and solution deployments
  • Resale of partner technologies and products
  • Consulting, support, and integration services
  • Any related activities under the OptimaTech brand

The Terms govern all services and activities globally, wherever OptimaTech’s Services are accessed or provided. They take precedence over any conflicting documentation unless otherwise agreed in writing.

2. Client Responsibilities

Clients are responsible for ensuring that all service requests and issues are submitted through the designated channels. Users accessing Services must act responsibly and comply with all applicable laws. Safeguarding access credentials, devices, and accounts to prevent misuse is essential. Clients must provide timely updates and cooperate with OptimaTech for service delivery, maintenance, and security. Adherence to payment terms, reasonable notice for requests, and agreed resource allocations is required. Where managed service delivery requires network or system access, the Client warrants that all relevant data and systems are lawfully operated and that OptimaTech’s access is properly authorised.

3. Service Commitments

OptimaTech delivers Services with skill, care, and professional diligence, in line with best industry practices. This includes monitoring, risk management, and secure configuration management based on recognised international standards. OptimaTech is committed to maintaining reasonable availability of critical services, with specific service levels outlined in project or engagement agreements.

4. Service Availability and Maintenance

OptimaTech strives for continuous uptime of Services. However, temporary interruptions may occur due to scheduled maintenance, updates, or network incidents beyond OptimaTech’s control. Advance notice will be provided for planned outages whenever practical. Maintenance and upgrade windows are managed to minimise disruption and maintain service availability.

5. Acceptable Use

Users are prohibited from engaging in illegal, fraudulent, or unethical activities through OptimaTech Services. Attempts to breach, disrupt, or bypass security mechanisms are strictly forbidden. The introduction of malicious software or unauthorised scripts to systems is not allowed. Users must not interfere with other users or networks connected to OptimaTech’s systems, nor misuse data belonging to OptimaTech or any client. Breaches of these rules may result in suspension or termination of access.

6. Data Protection and Privacy

OptimaTech’s handling of personal data complies with its publicly available Privacy Policy, which details how information is collected, stored, and protected. Clients retain ownership of their data, and OptimaTech acts as a trusted custodian, using data solely for service delivery and performance monitoring. Any confidential information exchanged between parties is protected from unauthorised disclosure or use.

7. Security and Governance

OptimaTech employs layered security controls, promotes employee awareness, and implements access safeguards to protect the integrity of systems and data. Processes are aligned with international best practices and include:

  • Access control and identity verification
  • Incident response procedures
  • Network and endpoint protection
  • Backup, recovery, and business continuity
  • Continuous improvement and internal auditing

Clients are required to promptly notify OptimaTech of any perceived or actual cybersecurity incidents involving managed components.

8. Intellectual Property

All intellectual property, designs, software, source code, processes, and know-how produced or provided by OptimaTech remain the exclusive property of OptimaTech, unless expressly transferred through an agreement. Clients may use deliverables only within the licensed terms of service or engagement.

9. Fees, Billing, and Payment Terms

Service fees and payment schedules are specified in the relevant engagement or order documentation. Unless otherwise noted, invoices must be paid within 10 working days of issue. Interest may accrue on overdue payments, and services may be paused, following prior notice, in cases of repeated non-payment. Clients are responsible for any taxes, duties, or import charges applicable in their jurisdiction.

10. Limitation of Liability

OptimaTech takes all reasonable precautions to ensure the reliability of its services. However, OptimaTech is not liable for indirect, incidental, consequential, or punitive damages, including data loss, downtime, or business interruptions, except where required by law. The total liability under these Terms is limited to the amount of fees paid by the Client for the Service in the previous month.

11. Suspension or Termination

Either party may terminate Services by providing written notice as outlined in the relevant agreement. OptimaTech reserves the right to suspend or terminate user access in cases of misuse, legal non-compliance, or material breach. Upon termination, any outstanding fees remain payable, and data will be managed in accordance with the retention standards described in the Privacy Policy.

12. Compliance and Audit

OptimaTech is committed to maintaining good governance, operational, and security controls. Clients may, with reasonable notice, request relevant documentation or summaries of audit reports confirming compliance with these controls. This commitment aligns with principles of accountability, risk management, and continuous improvement in information security operations.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of New Zealand, excluding conflict-of-law principles. Disputes should first be resolved amicably; if unresolved, they will be subject to the exclusive jurisdiction of New Zealand courts.

14. Updates to These Terms

OptimaTech may periodically modify these Terms to reflect new services, regulatory updates, or changes in business practices. Revised Terms will be published at https://www.optimatech.co.nz, with the “Last Updated” date indicating the latest version. Continued use of the Services indicates acceptance of any changes.

15. Contact Information

OptimaTech Ltd

Email: [email protected]

Website: https://www.optimatech.co.nz

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