Terms of Service | Aetheric

Effective Date: [Insert Date] | Last Updated: [Insert Date]

These Terms of Service ("Terms") govern your use of the Aetheric website (aetheric.nz) and provide general terms applicable to our lightning protection and earthing engineering consulting services. By accessing or using our website, you agree to be bound by these Terms. If you do not agree, please do not use our website.

Aetheric ("we", "our", or "us") refers to [Aetheric full legal entity name], a company registered in New Zealand under company number [number], with its registered office at [address].

⚠ Implementation Note: Insert full legal entity name, company number, and registered address. If not yet incorporated, use the trading name with a note to update upon incorporation.

1. Website Use

1.1 Permitted Use

You may use our website for lawful purposes related to learning about our services, contacting us, and accessing publicly available content. You agree not to use our website in any way that could damage, disable, or impair the website or interfere with any other party's use.

1.2 Prohibited Conduct

You must not:

Attempt to gain unauthorised access to any part of the website, server, or connected systems
Use automated tools (bots, scrapers, crawlers) to access or collect content from the website without our written permission
Introduce viruses, malware, or other harmful code
Use the website for any unlawful, fraudulent, or malicious purpose
Reproduce, distribute, or commercially exploit website content without our written permission

1.3 Account Registration

If we implement account registration or client portal functionality in the future, additional terms will apply and will be communicated at that time. Currently, no account registration is required to use our website.

⚠ Implementation Note: Placeholder for future client portal / RaaS dashboard functionality. Update when such features are implemented.

2. Consulting Services

2.1 General Terms

Our consulting services are provided under separate engagement agreements (proposals, letters of engagement, or contracts) specific to each project. Those engagement agreements, together with these Terms, govern the relationship between Aetheric and our clients. In the event of a conflict between these Terms and a specific engagement agreement, the engagement agreement prevails.

2.2 Scope of Services

The scope of services for each engagement is defined in the applicable engagement agreement. We provide consulting, design, analysis, testing, and advisory services. We do not provide installation, construction, or manufacturing services. Our deliverables are intended to inform decisions and guide implementation by qualified professionals and contractors.

2.3 Professional Standards

We perform our services with reasonable care and skill consistent with generally accepted professional standards for lightning protection and earthing engineering consulting. Our work complies with applicable international and regional standards as specified in each engagement agreement, including but not limited to IEC 62305, AS/NZS 1768:2021, AS/NZS 3000, AS/NZS 4852.1, and IEC 61643.

2.4 Client Responsibilities

Clients are responsible for providing accurate and complete information necessary for service delivery, including facility data, existing documentation, access for site inspections and testing, and timely review and feedback on deliverables. Delays or inaccuracies in client-provided information may affect project timelines and outcomes.

3. Intellectual Property

3.1 Website Content

All content on this website — including text, graphics, logos, images, and software — is the property of Aetheric or our content suppliers and is protected by New Zealand and international intellectual property laws. You may not reproduce, distribute, or create derivative works from our website content without our prior written consent.

3.2 Service Deliverables

Intellectual property rights in deliverables produced under consulting engagements are addressed in the applicable engagement agreement. Unless otherwise agreed in writing:

Aetheric retains ownership of all intellectual property in methodologies, analytical tools, templates, and proprietary processes used in delivering services
Upon full payment, clients receive a non-exclusive licence to use project-specific deliverables (reports, drawings, specifications) for the purpose for which they were prepared
Clients may not reproduce, distribute, or use deliverables for purposes other than those specified in the engagement agreement without our written consent

⚠ Implementation Note: IP terms should be reviewed carefully by legal counsel. The licence approach above is standard for professional services, but some clients (particularly government agencies) may require IP assignment.

3.3 Third-Party Software

Our services utilise third-party software platforms including Skytree Scientific, XGSLab, AutoCAD, and others. These platforms remain the intellectual property of their respective owners. Our use of these platforms in delivering services does not transfer any rights in those platforms to our clients.

4. Limitation of Liability

4.1 Website

The information on our website is provided for general informational purposes only and does not constitute professional advice. While we make reasonable efforts to keep content accurate and current, we make no warranties or representations about the completeness, accuracy, or reliability of website content. Your use of any information on this website is at your own risk.

4.2 Consulting Services

Our liability in connection with consulting services is governed by the applicable engagement agreement. To the maximum extent permitted by law:

Our total aggregate liability for any claim arising from or related to our services shall not exceed the total fees paid by the client for the specific engagement giving rise to the claim
We shall not be liable for indirect, consequential, incidental, special, or punitive damages, including but not limited to loss of profits, data, business opportunities, or revenue
We shall not be liable for loss or damage resulting from the client's failure to implement our recommendations, modifications made to our deliverables by third parties, or use of our deliverables for purposes other than those for which they were prepared

Nothing in these Terms excludes or limits liability that cannot be lawfully excluded or limited, including liability under the New Zealand Consumer Guarantees Act 1993 (where applicable) or for fraud, personal injury, or death caused by negligence.

⚠ Implementation Note: The liability cap (fees paid) and consequential damages exclusion are standard for professional services but must be reviewed by legal counsel. NZ Consumer Guarantees Act carve-out is mandatory. Australian Consumer Law equivalents may also apply.

5. Indemnification

You agree to indemnify, defend, and hold harmless Aetheric, its directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from your violation of these Terms, your use of our website, or your breach of any applicable law.

6. Third-Party Links and Resources

Our website may contain links to third-party websites and resources for your convenience. We do not endorse and are not responsible for the content, products, services, or practices of any third-party websites. Your interactions with third-party websites are governed by their own terms and privacy policies.

7. Disclaimers

7.1 Website Availability

We do not guarantee that our website will be available at all times or free from errors, interruptions, or security vulnerabilities. We may modify, suspend, or discontinue any aspect of the website at any time without notice.

7.2 Technical Information

Technical information published on our website, including descriptions of standards, methodologies, and equipment, is provided for general educational purposes. It does not constitute professional advice for any specific facility or situation. Facility-specific recommendations require a formal consulting engagement.

7.3 Standards References

References to international and regional standards (IEC 62305, AS/NZS 1768:2021, AS/NZS 3000, etc.) on our website reflect current versions at the time of publication. Standards are periodically revised. Always confirm current applicable editions for your specific project and jurisdiction.

8. Force Majeure

We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, pandemics, acts of government, war, civil disturbance, power failure, internet or telecommunications failure, or extreme weather events.

9. Governing Law and Disputes

These Terms are governed by and construed in accordance with the laws of New Zealand. Any disputes arising from or relating to these Terms or your use of our website shall be subject to the exclusive jurisdiction of the courts of New Zealand.

For consulting services provided under a separate engagement agreement, the governing law and dispute resolution provisions of that agreement shall apply.

⚠ Implementation Note: Governing law should match the jurisdiction of incorporation. If Aetheric operates through entities in multiple jurisdictions, legal counsel should advise on appropriate dispute resolution mechanisms. Consider whether arbitration clauses are appropriate for international client engagements.

10. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

11. Entire Agreement

These Terms, together with our Privacy Policy and any applicable engagement agreement, constitute the entire agreement between you and Aetheric regarding the use of our website. These Terms supersede any prior agreements, understandings, or arrangements between you and us relating to your use of the website.

12. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make changes, we will update the "Last Updated" date at the top of this page. Your continued use of our website after any changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

For material changes that significantly affect your rights or obligations, we will make reasonable efforts to provide advance notice through our website.

13. Contact Us

If you have any questions about these Terms of Service, please contact us:

Aetheric
[Physical Address]
Email: [email protected]
Phone: [Phone Number]

⚠ Implementation Note: Insert actual business address, email, and phone number. Match contact details used in Privacy Policy.