Terms of Service

1.1: These Terms of Service (“Agreement”) govern your use of www.goognu.nz (the “Website”) and your purchase of products or services from Goognu Data Services Pvt. Ltd., trading in New Zealand as Goognu, with its head office at Unit No. 538, JMD Megapolis, Sohna Road, Gurugram-122018, India (“Goognu”, “we”, “our” or “us”).

1.2: Goognu provides cloud consulting, managed cloud (AWS, Azure, Google Cloud), DevOps, cybersecurity, data and software development services to businesses in New Zealand and worldwide.

2.1: The scope, deliverables, timelines and fees for any engagement are set out in a proposal, statement of work or order (“Order”). If an Order conflicts with this Agreement, the Order prevails for that engagement.

2.2: Unless stated otherwise, prices are in New Zealand dollars and exclusive of GST. Where GST applies, it will be added to the price and shown on our invoice. Invoices are payable within the period stated on the invoice.

2.3: By submitting an enquiry you consent to us contacting you about it. We send commercial electronic messages in line with the Unsolicited Electronic Messages Act 2007, and you may opt out of solicitations at any time by:

• clicking the unsubscribe link in any marketing email;
• emailing hello@goognu.nz with the subject “Unsubscribe”; or
• telling us during any call that you no longer wish to be contacted.

2.4: Third-party cloud platforms, licences and tools used in delivering our services (for example AWS, Microsoft or Google) are subject to those providers’ own terms and pricing.

2.5: Either party may cancel an Order as set out in that Order. Fees for work performed and costs committed before cancellation remain payable.

3.1: Content on the Website is for general information only and does not constitute professional advice for your particular circumstances.

3.2: All content, trademarks and materials on the Website are owned by or licensed to Goognu. You may not copy, reproduce or distribute them without our written permission, except as permitted by the Copyright Act 1994.

3.3: You must not use the Website unlawfully, attempt to gain unauthorised access to it, introduce malicious code, or interfere with its operation.

3.4: The Website may link to third-party websites. We are not responsible for their content or practices.

3.5: Our collection and handling of personal information is described in our Privacy Policy, which forms part of this Agreement.

If you acquire our services as a consumer, you have guarantees under the Consumer Guarantees Act 1993 and rights under the Fair Trading Act 1986 that nothing in this Agreement limits. Where you acquire our services for the purposes of a business, the parties agree, to the extent permitted by section 43 of the Consumer Guarantees Act 1993 and sections 5C and 5D of the Fair Trading Act 1986, that those Acts do not apply, and that this is fair and reasonable.

Subject to those non-excludable rights, the Website and its content are provided “as is”, and we exclude all other warranties, express or implied, to the maximum extent permitted by law.

To the extent permitted by law, our liability for defective services is limited (at our option) to supplying the services again or paying the cost of having them supplied again.

Subject to any rights that cannot lawfully be excluded, we are not liable for any indirect or consequential loss, loss of profit, revenue, data or goodwill, and our total liability under any Order is limited to the fees paid under that Order in the 12 months before the claim arose.

You indemnify Goognu against any loss, claim or cost (including reasonable legal costs) arising from your breach of this Agreement or your unlawful use of the Website or services, except to the extent caused by our own negligence or breach.

By using the Website or engaging our services you agree to this Agreement. We may update these terms from time to time; the current version is always available on this page, and changes do not affect Orders already in progress unless agreed in writing.

If any provision of this Agreement is invalid or unenforceable, it will be read down or severed and the rest of the Agreement continues in effect. A failure to enforce any right is not a waiver of it. This Agreement and any Order form the entire agreement between us about their subject matter.

We may suspend or terminate your access to the Website if you breach this Agreement. Either party may terminate an Order on written notice if the other commits a material breach that is not remedied within 14 days of notice. Clauses that by their nature survive termination continue to apply.

10.1: This Agreement is governed by the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the courts of New Zealand, sitting in Auckland.

10.2: Before starting court proceedings (except for urgent relief), the parties will try in good faith to resolve any dispute by negotiation.