Fenko Limited (“Fenko”, “we”, “us”, “our”) provides products, professional services, and website content (together, the “Services”). By accessing or using the Services, you agree to these Terms of Service (“Terms”).
Scope
These Terms apply to general use of our website, public content, and any Fenko product or service unless a separate agreement applies.
If you engage Fenko under a proposal, quote, statement of work, engagement agreement, subscription agreement, or other written contract, that agreement governs the specific commercial and delivery terms of that engagement. If there is any conflict, the specific written agreement prevails to the extent of the conflict.
Acceptable Use
You must use the Services lawfully, responsibly, and in a way that does not interfere with Fenko, our clients, or other users.
You must not:
- breach any applicable law or regulation;
- infringe another person’s rights, including privacy, confidentiality, or intellectual property rights;
- interfere with, disrupt, overload, probe, or attempt to bypass the security of the Services;
- attempt to gain unauthorised access to any system, account, environment, or data;
- use Fenko systems, outputs, or website content to support unlawful, abusive, or misleading activity; or
- conduct security testing against Fenko systems or any third-party system without prior written authorisation.
If you are given an account, access token, or login, you are responsible for maintaining its confidentiality and for activity carried out using it.
Quotes, Engagements, and Deliverables
Quoted or contracted services are provided according to the scope, assumptions, deliverables, timelines, and fees set out in the applicable agreement. Unless expressly stated otherwise, proposals and website content are indicative only and do not form a binding commitment.
Fenko may suspend or delay work where it is reasonably necessary to protect system security, investigate misuse, respond to non-payment, deal with legal risk, or address a material dependency outside Fenko’s control.
Intellectual Property
Unless otherwise agreed in writing:
- Fenko retains ownership of its pre-existing intellectual property, including methodologies, frameworks, templates, software, tools, and know-how;
- you retain ownership of material you provide to us; and
- deliverables created specifically for you are governed by the applicable engagement agreement.
Nothing in these Terms transfers ownership of Fenko’s background intellectual property or branding. You may not copy, republish, scrape, reverse engineer, or reuse website content or service materials except as permitted by law or by written agreement.
Third-Party Services
The Services may include or link to third-party products, websites, repositories, or services. Those third parties operate under their own terms and policies. Fenko is not responsible for third-party services that it does not control.
Disclaimers
Fenko provides the website and general site content on an “as is” and “as available” basis. While we aim to keep information accurate and current, we do not guarantee that the website will always be available, uninterrupted, error-free, or suitable for every purpose.
General website content is for information only and is not legal, regulatory, or professional advice. Security and consulting outcomes depend on the agreed scope, the information provided, and the condition of the relevant systems at the time of the work.
Liability
To the maximum extent permitted by law, Fenko is not liable for any indirect, consequential, incidental, special, or exemplary loss, including loss of profit, revenue, business opportunity, goodwill, or data.
For paid services, Fenko’s liability is governed by the applicable engagement agreement. If no specific liability term applies, Fenko’s aggregate liability in connection with the relevant service is limited to the fees paid for that service.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded, including rights or remedies that may apply under New Zealand law.
Termination and Changes
Fenko may suspend or terminate access to the Services if you materially breach these Terms, create security risk, misuse the Services, or use them unlawfully.
We may update these Terms from time to time. Updated Terms take effect when published on this site, unless a later date is stated.
Governing Law
These Terms are governed by the laws of New Zealand. The courts of New Zealand have non-exclusive jurisdiction in relation to any dispute arising out of or in connection with these Terms or the Services.
Contact
For questions about these Terms, please contact us at [email protected].