Terms of Service

1. Introduction

These Terms apply to your use of the ShopFloor Advantage website and Services (including the Factory Pulse Check and reports). By purchasing or using our Services, you agree to these Terms.

Contact: richard@shopflooradvantage.com

1.1. Plain-English summary

• Our Services are for business use.
• Reports are based on your inputs and are guidance, not guarantees.
• If there’s a dispute, we follow a notice → 30 days → mediation process first.
• New Zealand law applies, and disputes must be heard in New Zealand courts.
• Liability is limited as set out below.

2. Business use and authority

You confirm you are using our Services for business purposes and that you have authority to act on behalf of the business (or have obtained permission to provide responses and purchase services).

To the extent permitted by law, the Consumer Guarantees Act 1993 does not apply.

3. Services

We provide a range of services including the Factory Pulse Check, associated reports, and optional review calls and on-site reviews (the “Services”). The scope of the Services you receive is based on what you purchase or agree in writing.

4. Your responsibilities

To receive the Services, you agree to:

• Provide accurate and complete information (to the best of your knowledge)
• Ensure you have the right to share any information you provide
• Respond to reasonable clarifying questions where needed to deliver the service
• Use the report responsibly, applying judgement and context

5. Delivery and turnaround

Unless otherwise agreed in writing:

• Reports are delivered within the stated timeframe after we receive completed responses.
• Delivery timeframes may be impacted by delays in receiving responses or required inputs.

6. Fees and payment

Fees are as stated on our website or in a written quote/proposal. Payment must be made in accordance with the payment terms provided at checkout or invoice.

GST: Prices exclude GST. If GST becomes applicable, we will add GST at the prevailing rate.

7. Refunds

If you haven’t submitted any responses, you may request a refund.

Once responses are submitted and analysis has started, the service is generally non-refundable unless required by law.

8. Intellectual property

We retain all intellectual property rights in our frameworks, templates, methods, and materials used to deliver the Services.

You receive a licence to use the report and deliverables internally for your business. You may not resell, redistribute, or publish the report or related materials without our written permission.

9. Confidentiality

We will treat information you provide as confidential and use it only to deliver the Services, except where disclosure is required by law or to trusted service providers necessary to deliver the Services.

10. No guarantees

Reports and recommendations are based on the information you provide and our professional judgement. Manufacturing outcomes depend on execution, context, and factors beyond our control. We do not guarantee specific financial or operational results.

11. Limitation of liability

To the maximum extent permitted by law:

• We are not liable for indirect, consequential, or special losses (including loss of profit, revenue, data, or business opportunity).
• Our total liability for any claim relating to the Services is limited to the amount you paid for the relevant Service.

12. Force majeure

We are not responsible for delays or failure to perform caused by events outside our reasonable control (for example: outages, supplier failures, natural events, illness or injury, or government actions).

13. Disputes

If a dispute arises:

1. You must notify us in writing with details of the issue.
2. The parties will attempt to resolve the dispute within 30 days.
3. If unresolved, the parties agree to attempt mediation before court proceedings.

14. Governing law

These Terms are governed by New Zealand law. Any disputes must be brought in the courts of New Zealand.

15. Availability and Conflicts

ShopFloor Advantage is an independent business and is not affiliated with any third party. Services are delivered remotely and scheduled in good faith, subject to availability. If a potential conflict of interest arises, the Provider may decline the engagement or terminate services and will refund any fees paid for undelivered services.

16. Changes to these Terms

We may update these Terms from time to time. Updated terms will be posted on this page with a revised effective date. Changes apply from the effective date forward.