Gembuk Support Terms of Service

1. Gembuk Support

Gembuk Support provides businesses with access to IT support on a usage-based basis.

Your Gembuk Support subscription provides access to the Gembuk Support service and customer portal, including ticket management, support history and available usage information.

Unless expressly stated otherwise, technical support time is not included in the monthly subscription fee and is charged separately according to the support provided.

2. Monthly Subscription

Gembuk Support currently costs NZ$49 per business per month.

The subscription provides access to Gembuk Support and the customer portal. Technical support, third-party products, licences, hardware, project work and other separately agreed services are not included in the monthly subscription fee.

Gembuk may change its subscription pricing by giving Customers at least 30 days’ notice before the new pricing takes effect.

3. Technical Support Charges

Technical support is charged according to the level of support required and the time spent providing that support.

Gembuk currently categorises support as:

Level 1 — Everyday IT Support Routine user and device assistance, including common account, email, Microsoft 365, software and basic troubleshooting issues.

Level 2 — Technical Support More involved troubleshooting, administration, configuration and technical investigation.

Level 3 — Advanced Support Complex technical incidents, escalations, advanced cloud or infrastructure work and specialist technical assistance.

The applicable support level is determined by Gembuk based on the nature and complexity of the work required.

Current support rates will be displayed to the Customer before services are provided and/or within the Gembuk Support portal.

4. Time Recording and Billing

Gembuk records the time spent providing technical support.

Billable time may include reasonable time spent investigating, troubleshooting, configuring, resolving, testing and documenting the Customer’s support request.

Where applicable, Gembuk may also charge for time spent communicating with the Customer or relevant third parties where that communication is necessary to resolve the support request.

The Customer portal may display support time and an estimated monthly charge. These figures are provided for visibility and may not constitute the final invoice.

Any billing increment or minimum charge applicable to support work will be disclosed as part of Gembuk’s current pricing.

5. Support Requests

Customers should submit standard support requests through the Gembuk Support portal or another support channel approved by Gembuk.

The Customer should provide sufficient information for Gembuk to understand and investigate the issue.

Gembuk may contact the Customer or affected user for further information.

Customers may cancel an open support ticket through the customer portal where cancellation is available.

Cancellation of a ticket does not remove charges for support work already performed before cancellation.

6. Emergency and After-Hours Support

Emergency and after-hours support may be available to Gembuk Support Customers.

Emergency and after-hours contact details are provided directly to Customers following sign-up and are not published publicly.

Additional charges, minimum charges or different support rates may apply to emergency or after-hours support. Any applicable charges will be communicated to Customers as part of Gembuk’s current support pricing.

Availability of emergency or after-hours support does not constitute a guarantee of continuous or 24/7 support unless Gembuk has expressly agreed otherwise in writing.

7. Response and Resolution Times

Gembuk will use reasonable efforts to respond to support requests within an appropriate timeframe based on the nature and urgency of the request.

Unless expressly agreed in writing, Gembuk Support does not provide guaranteed response times, resolution times or service-level agreements.

Resolution times can depend on factors outside Gembuk’s control, including third-party providers, software vendors, internet services, hardware availability and the Customer’s availability or cooperation.

8. Customer Responsibilities

The Customer is responsible for:

• providing accurate information about support issues;
• maintaining appropriate licences for software and services used by the Customer;
• ensuring its users are authorised to request support;
• maintaining appropriate backups unless backup management has been separately contracted to Gembuk;
• promptly informing Gembuk when access should be removed for a user;
• protecting account credentials and authentication methods;
• cooperating reasonably with troubleshooting and remediation; and
• ensuring Gembuk is authorised to access systems, accounts or information supplied for support purposes.

9. Access to Customer Systems

Where necessary to provide support, the Customer may authorise Gembuk to access devices, accounts, systems or services.

Gembuk will only use such access for legitimate support and related service purposes.

Customers should not submit passwords or other sensitive authentication credentials through ordinary ticket descriptions unless Gembuk specifically provides an approved secure method for doing so.

10. Third-Party Services

Gembuk may assist Customers with products and services supplied by third parties, including Microsoft and other technology providers.

Gembuk does not control third-party platforms and is not responsible for outages, defects, pricing changes, service changes or other matters caused by third-party providers.

Any third-party charges remain the Customer’s responsibility unless expressly agreed otherwise.

11. Security

Gembuk will take reasonable measures appropriate to the nature of the service to protect Customer information and access provided to Gembuk.

Customers are responsible for maintaining appropriate security within their own environment unless a particular security service has been separately contracted to Gembuk.

Gembuk Support should not be interpreted as continuous security monitoring, managed cybersecurity, backup monitoring, patch management or device monitoring unless those services have expressly been included in a separate agreement.

12. Privacy and Confidentiality

Gembuk will handle personal information in accordance with applicable New Zealand privacy law and Gembuk’s Privacy Policy.

Information supplied by a Customer will be used only as reasonably necessary to provide, administer, secure and improve the Gembuk Support service, meet legal obligations and perform other purposes described in Gembuk’s Privacy Policy.

Gembuk will take reasonable steps to maintain the confidentiality of Customer information.

13. Invoices and Payment

The Customer is responsible for paying the monthly subscription and all applicable support charges.

Invoices will identify applicable subscription and support charges.

Payment terms, accepted payment methods and any applicable GST treatment will be shown on the invoice or communicated during onboarding.

If an amount remains overdue, Gembuk may suspend access to support services after providing reasonable notice to the Customer.

Suspension does not remove the Customer’s obligation to pay amounts already owing.

14. Projects and Out-of-Scope Work

Some requests may be more appropriately treated as project work rather than ordinary support.

Examples may include significant migrations, implementations, system redesigns, major deployments or other substantial planned work.

Where Gembuk considers a request to be project work, we will discuss this with the Customer before proceeding and may provide a separate estimate, quote or statement of work.

15. Cancellation

Gembuk Support is provided on a month-to-month basis unless otherwise agreed.

Customers may cancel their Gembuk Support subscription in accordance with the cancellation process provided through the customer portal or by contacting Gembuk.

Cancellation does not remove responsibility for subscription fees or support charges incurred before the effective cancellation date.

Following cancellation, access to the Gembuk Support portal and support services may cease.

16. Suspension or Termination

Gembuk may suspend or terminate access to Gembuk Support where reasonably necessary, including for:

• non-payment;
• misuse of the service;
• unlawful activity;
• abusive or threatening behaviour;
• security risks;
• material breach of these Terms; or
• circumstances where continuing to provide the service would create an unreasonable operational, security or legal risk.

Where reasonably practicable, Gembuk will provide notice and an opportunity to remedy the issue.

17. No Guarantee of Outcome

Technology support involves systems, software, hardware and services that may be outside Gembuk’s control.

While Gembuk will use reasonable care and skill when providing services, Gembuk cannot guarantee that every technical issue can be resolved or that systems will always operate without interruption.

18. Liability

To the maximum extent permitted by law, neither party will be liable to the other for indirect, consequential or special loss, including loss of profit, revenue, business opportunity or anticipated savings.

19. New Zealand Law

These Terms are governed by the laws of New Zealand.

The parties submit to the jurisdiction of the New Zealand courts.

20. Changes to These Terms

Gembuk may update these Terms from time to time.

Where a change materially affects a Customer’s rights or obligations, Gembuk will provide reasonable notice before the change takes effect.

Continued use of Gembuk Support after the effective date of updated Terms constitutes acceptance of those updated Terms, subject to applicable law.

21. Contact

Questions regarding these Terms or Gembuk Support can be submitted using the contact details provided on the Gembuk website or through the Gembuk Support customer portal.