Operational Policies & Guidelines

1.1 Supplementary and procedural: These policies describe how we administer our services day to day. They are operational and procedural; they do not create, vary, or remove legal rights or obligations.

1.2 Subordinate to Terms and law: These policies are subordinate to our Terms of Service and to your rights under the Consumer Guarantees Act 1993, Fair Trading Act 1986, Privacy Act 2020, Contract and Commercial Law Act 2017, and other applicable enactments. Where there is any inconsistency, the Terms and the law prevail (see Terms §22.4–§22.6).

1.3 Live document: This is a live document. Because these are operational policies and not contract terms, we may update them at any time without individual notice. No update will increase the price of a booking you have already accepted, reduce your statutory rights under the Consumer Guarantees Act 1993, Fair Trading Act 1986 or Privacy Act 2020, or remove your right to raise or pursue a dispute — those changes are made only through the Terms of Service. The current version is always the one published here.

1.4 Availability: The current policies are published here and are available on request. Key process information for your specific job is shown in your customer or dispute portal.

1.5 Raising a concern: If you believe a policy has been applied unfairly, you may raise it through our dispute resolution process (see Terms Section 17). You retain all rights under Terms §22.5.

2.1 Booking: Jobs are created from a phone call, the booking form, or an AI voice agent. A booking deposit paid by NZ bank transfer is required to confirm the booking. We coordinate an appropriate contractor from our network for your location and service.

2.2 Coordination platform: EEK Mechanical is a coordination platform that arranges misfuel, fuel-contamination, water-in-oil, roadside and related remediation through its contractor network. The contractor performs the physical work; EEK coordinates, bills, and manages the job record.

2.3 Milestones: Each job progresses through tracked milestones (for example: deposit paid, contractor allocated and accepted, vehicle/vessel delivered, investigation, repair, billing, payment, ready for pickup, collected). Your portal reflects the current status.

2.4 Estimated times: Any time or ETA we give is an estimate made in good faith and may change with traffic, weather, parts availability, tides (for vessels), or job complexity. Verbal estimates are indicative; the final position is recorded in your portal and invoice.

2.5 Completion: On completion and settlement, we arrange release/collection, issue final documentation, and, where applicable, generate an insurance report.

3.1 Channels: We communicate by phone, SMS, email, in-portal messaging, and AI voice/chat agents. The right channel depends on the job stage and your preferences on file.

3.2 SMS in New Zealand: In New Zealand we use SMS (via our messaging provider) for transactional updates. We do not use WhatsApp for New Zealand numbers. SMS is transactional only; reply STOP to opt out of non-essential messages. Opting out of marketing does not stop essential job-critical or legal notices.

3.3 AI agents: Some communications are handled by our AI agents (for example SquEEK for messaging, and our voice agents). AI agents act within defined guardrails and under human oversight. Statements made by an AI agent do not vary the Terms (see Terms §22.3).

3.4 Multilingual: Our agents can operate in multiple languages; we record your preferred language to keep communications consistent.

3.5 Account holder only: We correspond about an account only with the verified account holder, or with a contact the account holder has authorised and we have accepted. We will not discuss a job with an unauthorised third party (see Policy 5 and 6).

3.6 Recording: Calls may be recorded and transcribed for quality, training, accuracy of the job record, and dispute evidence. See Policy 6.

4.1 Where AI is used: AI assists with customer messaging, voice handling, drafting, triage, content, report drafting, and internal analysis. All server-side AI is routed through our approved providers.

4.2 Human oversight: AI output that affects a customer’s rights — such as a formal dispute decision, a specialist report, or a chargeback rebuttal — is reviewed by a human before it is relied on externally.

4.3 Accuracy: We take reasonable steps to keep automated outputs accurate and consistent with the job record. If you think an automated message is wrong, tell us through your portal and we will check it.

4.4 No substitute for the Terms: Automated statements are operational, not contractual. The Terms and the documented job record govern.

5.1 Verification: Before discussing job details we verify the caller or sender against the account record (for example registered phone or email, and job reference). Unverified contacts are not given personal or job information.

5.2 Authorised contacts: An account holder may ask us to add an authorised contact (sub-account). We may accept or decline a particular representative. Authorisation should be clear and is recorded on the job.

5.3 Unrecognised callers: When an unrecognised person contacts us about a job, our privacy process may seek the account holder’s approval before any access is granted. No job detail is disclosed in the meantime.

5.4 During a dispute: While a dispute is open we deal only with the verified account holder and do not add new authorised contacts until the dispute resolves (see Policy 9 and Terms §17.3B).

6.1 Collection and use: We collect the information needed to deliver and administer the service (contact details, vehicle/vessel and job details, payment and communication records). We use it for that purpose and directly related purposes. See our Privacy Policy.

6.2 Disclosure (IPP 11): Under the Privacy Act 2020 we do not disclose your personal information to any other person unless you have authorised it or another lawful exception applies. We will not discuss your account with a spouse, relative, or other third party without your authority.

6.3 Your access (IPP 6): You may access your own information; the portal is the primary channel through which we provide it. A person may act for you only with your written authority, which we are not obliged to accept.

6.4 Recordings and transcripts: Call recordings and transcripts are retained as part of the job record for quality, accuracy, and dispute evidence, and handled in line with the Privacy Act.

6.5 Retention and minimisation: We retain information for as long as needed for the service, legal, accounting, and dispute purposes, and avoid logging unnecessary personal information.

6.6 Content anonymisation: Where we publish stories, news, or insights, customer information is anonymised or used only with appropriate consent.

7.1 Deposits and pre-authorisation: A booking deposit is paid by NZ bank transfer before dispatch; the balance is due on the final invoice. Pricing is set out in the Rate Card and the Terms; fees are not hardcoded and are read from our current pricing.

7.2 Invoicing: When an invoice is issued you pay the balance by NZ bank transfer using the reference on the invoice. Money values are handled in cents internally and shown to you in dollars.

7.3 Currency: New Zealand jobs are billed in NZD. Currency handling is set out in the Terms Section 7.

7.4 Bank transfer: All customer payments are made by NZ bank transfer using the details and reference on your invoice and in your portal (including during a dispute — see Policy 9).

7.5 Interim charges: Approved additional charges are shown as separate line items and paid inline; they do not change the job status on their own.

8.1 Lien: EEK Mechanical and its contractor may hold a lien over a serviced vehicle or vessel for unpaid charges, and may retain possession until paid in full. The legal basis is in the Terms Section 10 (vehicles) and Terms Section 20 (vessels).

8.2 Storage — vehicles: Where a vehicle is retained under lien for an unpaid or disputed invoice, storage accrues at the fixed daily rate set in the Terms and Rate Card. This is automatic, not discretionary, and is shown on your customer screens.

8.3 Storage — vessels: Vessels are not subject to the fixed land-storage rate. Marine berthage, mooring, hardstand, slipway, and haul-out costs are variable and administered under Terms §20.9.

8.4 Release: A vehicle or vessel is released for collection once the balance is settled (or other release conditions in the Terms are met). Contractors generally will not release before payment, consistent with their own lien.

8.5 Release communications: We do not issue "ready for collection" notices while a dispute is open and a balance is owing; release follows settlement.

8.6 Premises & asset protection: Where a vehicle or vessel is held under lien — particularly during a dispute — and the customer, or a person acting for or associated with them, indicates an intention to attend the contractor’s premises, or attends, in a way that gives reasonable cause for concern for the safety of people on site or the security of the held asset, we may arrange proportionate protective measures (for example a static security guard). This is a safety and asset-preservation step under our duties in the Health and Safety at Work Act 2015 and our right as lienholder to preserve possession of the held goods. We take only measures that are reasonable and proportionate to the concern. Where measures are reasonably required as a result of that conduct, their actual reasonable cost — charged at cost, without margin, as a separate line item with the basis recorded on the job file — may be passed on to the customer as a preservation/enforcement cost under Terms §10.10.

9.1 Two situations: A dispute may arise after a job is fully paid, or while a job is in progress with a balance owing. In the in-progress case the lien continues and storage accrues per Policy 8 until the dispute resolves.

9.2 Raising a dispute: Any dispute, complaint, or concern regarding EEK's services, charges, or conduct must be raised through this portal at eek.nz/disputes-tribunal or from your customer portal. Disputes raised by phone, SMS, or social media will be redirected here.

9.3 Portal-only: Once a dispute is open, all correspondence is conducted exclusively through the dispute portal. We do not action dispute correspondence by email, SMS, or phone other than to direct you back to the portal. This keeps a single, complete, time-stamped record for any later review, including by the NZ Disputes Tribunal.

9.4 Account holder only: We engage only with the verified account holder. Under the Privacy Act 2020 (IPP 11) we cannot disclose account or dispute detail to third parties, and we will not add secondary contacts during a dispute.

9.5 Consistent response: During lockdown, our response is deliberately constant: resolve the dispute in the portal, or withdraw it. This is not disengagement — the portal is fully open to you at all times.

9.6 Payments during a dispute: Payments to EEK are by NZ bank transfer only — during a dispute as at all other times. Pay any amount due using the bank details and reference shown in the customer portal.

9.7 Engagement window and decision: Where we open a dispute proactively, you have five business days to engage through the portal. If you do not engage, the dispute may be closed and a formal written decision issued on the available evidence in EEK's favour. Where you engage, EEK's panel reviews the full job record and issues a written decision addressing every point raised.

9.8 Five-stage portal process: Stage 1 — listen to your account in your own words. Stage 2 — surface every concern so nothing is missed. Stage 3 — address each issue against the terms, rate card, and job record. Stage 4 — confirm what is resolved and invite closure. Stage 5 — formal written panel decision or NZ Disputes Tribunal escalation.

9.9 Formal decision: EEK's dispute resolution panel reviews all available information — job record, communications, payment history, terms acceptance, and call records — and issues a written decision at a unique URL. This is EEK's final position before external escalation.

9.10 Risk disclosure and track record: At the start of every dispute, EEK discloses: (a) the five-stage process and engagement window; (b) two track-record percentages only — the share of billing disputes where EEK's position was upheld, and the share where EEK agreed with the customer and reached a resolution in the customer's favour; (c) that chargebacking before completing this process may expose you to documented response costs under Terms §7.20; (d) Tribunal rights and cost consequences under Terms §17.9; (e) that legitimate concerns may be resolved in the customer's favour without all charges being upheld. EEK does not disclose internal Card metrics or bucket breakdowns to customers. A detailed customer guide is at eek.nz/disputes-explained.

9.11 External bodies: After completing the internal step, you may contact: NZ Disputes Tribunal (www.disputestribunal.govt.nz); Consumer NZ (www.consumer.org.nz); Commerce Commission (www.comcom.govt.nz); or MBIE (www.mbie.govt.nz). EEK co-operates fully with lawful enquiries.

9.12 Withdrawal procedure: You may withdraw a billing dispute in writing in the portal (including stating there is "no dispute"). EEK issues a closure record (not a merits decision) and restores normal account access. Legal effect of withdrawal is set out in Terms §17.15.

10.1 Customer-pay (standard): In most cases you pay EEK Mechanical, and claim reimbursement from your insurer independently using the report and certificate we provide. See Terms Section 11.

10.2 Insurer-pay (where agreed): Where we agree in writing to invoice an insurer directly, a Claims Handling Fee of {{PRICE:claimsHandlingFee}} applies for claim management (see Terms §11.15). It is included in our invoice to your insurer. You remain the primary debtor; if the insurer does not pay in full, the balance becomes payable by you (see Terms Section 11).

10.3 Insurer correspondence: Insurer and assessor correspondence is handled through our claims inbox and matched to the job by claim reference and registration. Insurer parties are verified before substantive disclosure.

11.1 Standard insurance reports: AI-assisted insurance reports supporting a routine claim are produced as part of the service and are not separately charged.

11.2 Specialist (human-prepared) reports: Where a matter requires a human-prepared specialist report (for example a formal technical or evidential report), time is charged at the specialist report rate set in the Terms Section 14 and Rate Card.

11.3 Sign-off: Completed reports may require contractor sign-off and are recorded against the job.

12.1 Engagement: Contractors are independent businesses in our network, allocated by location and capability. They accept jobs and perform the work; EEK coordinates and bills.

12.2 Payout options: Contractors are paid by a one-time loaded card or by bank transfer after the customer has settled. Payout is administered through our banking provider and reconciled per job.

12.3 Remittance: A remittance record is generated when a payout is collected or confirmed.

12.4 Standards: Contractors are rated and subject to quality review; underperforming or non-responsive contractors may be escalated, suspended, or removed.

13.1 Cancellations and refunds: Cancellation and refund handling is set out in the Terms Section 9. Refunds never exceed the economic value originally paid.

13.2 Settlements: Where a full-and-final settlement is offered, it is presented in a dedicated settlement portal with a defined acceptance window; on acceptance, any agreed refund is processed.

13.4 How refunds are paid: Approved refunds go back the way you paid — see Terms §9.6. Card-paid amounts are refunded to the same card (typically 5–10 business days, depending on your card issuer). Bank-paid amounts are refunded by NZ bank transfer to a verified account in your name. If a card refund cannot be processed, that amount is refunded by NZ bank transfer instead.

13.3 Chargebacks: We respond to card chargebacks with evidence from the job record (terms acceptance, communications, payment history, decision documents). Initiating a chargeback inconsistent with a withdrawal or settlement may be relied on against you (see Terms §17.11 and §17.15).

14.1 Internal first: Raise any concern with us first through your portal or the dispute process. This is the mandatory first step before external escalation (see Terms §17.5).

14.2 External bodies: After the internal step you may contact the Disputes Tribunal, Consumer NZ, the Commerce Commission, or MBIE. We co-operate fully with lawful enquiries from these bodies (see Terms §17.12).

15.1 Content: We publish news, insights, and customer stories. Content is generated and reviewed against guardrails for accuracy and tone before publication.

15.2 Privacy in content: Customer data is anonymised before use in public content unless specific consent applies (see Policy 6.6).

15.3 Marketing consent: Non-essential marketing messages are subject to opt-out; transactional and legal notices are not marketing.

16.1 Security: We protect secrets and credentials, restrict access to job and payment data, and avoid exposing personal information in non-secure logs.

16.2 Fraud and abuse: Suspected fraud, payment abuse, or attempts to obtain information without authority are recorded, may halt a process, and may be referred to the relevant authority. Threats or harassment of staff or contractors may result in restriction to portal-only contact.

17.1 Consumer law: Consumer Guarantees Act 1993 and Fair Trading Act 1986 — we do not contract out of non-excludable consumer guarantees, and we keep our communications and terms fair and not misleading.

17.2 Privacy: Privacy Act 2020 — including Information Privacy Principle 6 (access) and Principle 11 (limits on disclosure).

17.3 Liens and security: Contract and Commercial Law Act 2017, Personal Property Securities Act 1999, Wages Protection and Contractors’ Liens Act Repeal Act 1987, and (for vessels) the Admiralty Act 1973 and Ship Registration Act 1992.

17.4 Disputes: Disputes Tribunal Act 1988 — internal resolution as a first step, and determination on the substantial merits.

17.5 Jurisdiction: New Zealand law governs, and the New Zealand courts and tribunals have jurisdiction (see Terms §17.7).

21.1 Purpose: Legal Review is a job and account state used when there are serious integrity concerns about communications or conduct. It is separate from the disputes process in Policy 9 and does not replace your rights to raise a billing or service dispute.

21.2 Triggers: Legal Review may be opened automatically when a customer alleges that EEK, its staff, or its contractors have engaged in scam, fraud, theft, dishonesty, criminal conduct, or similar serious misconduct, or makes threats or abuse in that context. An EEK administrator may also refer an account to Legal Review manually where warranted.

21.3 During hold: While an account is under Legal Review (a “hold”), the following apply until a written outcome is issued:

• The customer portal is locked and shows a padlock screen with links to reassurance articles.
• Automated assistants (including SquEEK) are switched off for that customer.
• All customer communication is handled by EEK management only — not the workshop or contractor.
• Inbound calls from the customer’s registered number are routed to EEK’s restricted management line.
• A written notice is emailed explaining that Legal Review has opened and where to read this policy.

21.4 What is not affected: Legal Review by itself does not:

• Cancel work, start storage, hold a vehicle, or change lien or release status.
• Open a dispute, vary agreed pricing on an accepted booking, or impose new fees.
• Affect an insurance claim being managed on the job file.
• Remove or limit rights under the Consumer Guarantees Act 1993 or Fair Trading Act 1986.
• Remove access to the NZ Disputes Tribunal or other lawful external remedies.

21.5 Review process: EEK aims to complete Legal Review within two (2) business days in normal circumstances. The steps are:

• Hold opened and customer notice sent within one (1) hour of the trigger (or as soon as practicable where manual referral occurs outside business hours).
• Evidence gathered from the job file — portal messages, call recordings and transcripts, payment records, and contractor notes.
• An AI board advisory assesses legal and commercial risk, including any errors by EEK and any discrimination or fairness risk; it advises only — it does not decide.
• A named EEK manager makes the final decision.
• A written outcome is sent to the customer by email and recorded on the job file.
• An audit log of the review is retained.

21.6 Outcomes: The manager decision is one of the following:

• Open — account restored to normal operation, including portal access and usual communication channels.
• Restrict — account remains usable but all contact is with EEK staff directly; no automated assistant and no direct workshop or contractor contact.
• Close — account closed with no further bookings; EEK tells the customer in writing how work in progress, vehicle release, and any money held will be finalised (without using Legal Review alone to cancel work or impose fees).

21.7 Staff conduct: Legal Review decisions must never be influenced by a customer’s race, ethnicity, gender, religion, or any other prohibited ground under the Human Rights Act 1993. EEK staff and contractors must not make discriminatory remarks about a customer. Conduct that breaches Terms §4.4 may be considered under Terms §4.9 separately from Legal Review.

21.8 Contractors: Tier 1 contractors and workshop sub-contractors must not contact the customer directly while Legal Review is open. All customer contact routes through EEK management until the outcome is issued (see Policy 20 for Tier 1 structure).

21.9 Record keeping: The trigger, hold start and end times, evidence considered, AI advisory summary, decision maker, outcome, and customer notices are retained on the job and account record.

21.10 Review of errors: If EEK’s own systems, staff, or automated tools caused or materially contributed to the customer’s concern, EEK apologises in writing, corrects the record where needed, and reopens the account to normal access unless a Restrict or Close outcome is still warranted on the remaining facts.

21.11 Appeals and your side of the story: You can tell us your side during Legal Review and after a closure as follows:

• While an account is under review, you may reply to our emails with anything you want the reviewer to know. No decision is final until management completes the review.
• If your account is closed — or if management invites an appeal on another outcome — we send a private link valid for five (5) NZ business days. The link opens a short automated interview that asks what happened and what outcome you want. Your answers are recorded word for word and read by EEK management together with your job file.
• Where possible, a closure appeal is reviewed by a different senior EEK manager than the one who made the original closure decision.
• Appeal outcomes are given in writing: reopen (account restored to normal service), restrict (account open but all communication through EEK management directly), or uphold (closure stands).
• Anonymised lessons from appeals are used to improve EEK service. The interview never asks for sensitive personal information unrelated to your concern.
• These steps do not affect your rights under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or your access to Fair Way, the Disputes Tribunal, or other lawful remedies.

20.1 Tier 1 role: In each defined region, EEK allocates new jobs to a Tier 1 contractor only. The Tier 1 sub-allocates towing and/or mechanical work to other EEK suppliers through the supplier portal. Sub-allocations are not separate EEK job suppliers for billing, payouts, or supplier history.

20.2 Regional coverage: Tier 1 regions are configured on the supplier record (for example North Island, South Island, Wellington, or Nationwide). EEK may change appointments for operational or performance reasons.

20.3 Tier 1 acceptance: Before sub-allocating, the Tier 1 accepts the current Tier 1 contractor terms in the portal. Version and timestamp are stored on the supplier record.

20.4 Assignments tab: The Tier 1 uses the portal Assignments tab with two slots per job (towing and mechanic); the Tier 1 may fill either or both. The Tier 1 may reassign or remove a slot following portal prompts. EEK admin can view every sub-allocation on the job.

20.5 Sub-contractor acceptance: Towing and mechanic sub-contractors must accept EEK supplier terms, the role disclosure, and recorded checkboxes (including no start / no crank / no ignition for towing) before work begins.

20.6 Towing — no start: On contaminated-fuel or misfuel jobs, towing sub-contractors must not start, crank, or turn on the ignition. Load by winch, dolly, or flatbed only. See Supplier Terms — towing contractors.

20.7 Billing: Only the Tier 1 invoices EEK and is paid through the normal supplier payout process. Sub-contractors bill the Tier 1 directly. EEK does not pay sub-allocations.

20.8 Communications: Sub-contractors message the Tier 1 through the portal. Customer calls use the EEK recorded callout bridge — not private mobile numbers for routine updates.

20.9 Phone routing: Tier 1 contractors can reach EEK admin by phone. While a sub-contractor assignment is active, that sub-contractor's calls to the EEK supplier line may route to the Tier 1; after the assignment ends, calls follow the usual supplier voicemail path.

20.10 Admin visibility: Admin sets tier and region under Suppliers, monitors the Tier 1 tab, and reviews sub-allocations under Jobs → Supplier → More.

19.1 Incorporation: These procedures are operational standards under this manual. They are incorporated into the Supplier Agreement by reference. Accepting a job in the supplier portal constitutes agreement to complete work to the applicable procedure below (see 19.6).

19.2 Misfuel remediation: Ten-step process: portal accept, tow, intake, assess, OEM extraction, clean/inspect, reinstall, flush and function test, licensed disposal, invoice then release. Never use pump/probe/siphon evacuation.

19.3 Water-in-oil: Drain contaminated oil, flush lubrication system per OEM, replace filter, refill to spec, run and verify pressure and leaks.

19.4 Pre-export drain: Not misfuel recovery and not exporting fuel as cargo. Remove fuel so the vehicle can be shipped. Drain tank and lines, document litres removed, licensed disposal, empty-system confirmation in portal.

19.5 Vessels: Marine fuel and lubrication work follows vessel OEM and NZIFDA practice.

19.6 Portal acceptance: Before Accept and again at invoice submit, contractors confirm work to Manufacturer Specification (OEM Spec) and the EEK Procedure Standard (EPS) — Contractor Operational Procedures in this section (§19). See Supplier Terms on intellectual property.

19.7 Documentation: Technician notes, disposal dockets, and verification records belong in the supplier portal.

19.8 Non-compliance: If EEK determines work did not follow this procedure, fees may be disqualified and amounts recovered under Supplier Terms Sections 25-28.