IMPORTANT: Self-Billing (Buyer Created Agreement) Notice

By accepting jobs through EEK Mechanical, you authorize Eek Mechanical Ltd ("EEK") to create tax invoices on your behalf under a Buyer Created Agreement (BCA) arrangement as permitted by the Inland Revenue Department of New Zealand.

Under this agreement, you acknowledge:

EEK will create tax invoices on your behalf for all services rendered
You will NOT issue separate invoices to EEK for work completed through this platform
You must provide accurate GST registration details (if registered) and bank account information
You have 5 business days from receipt to review and dispute any buyer-created invoice
Both parties will retain copies of all invoices for the legally required period (7 years)

⚠️ Acceptance of any job through EEK constitutes your written agreement to this self-billing arrangement.

1. Definitions

"EEK" or "Company" means Eek Mechanical Ltd and its related entities.
"Supplier" or "Contractor" means any individual, company, or entity engaged by EEK to perform misfuel recovery or related automotive services.
"Job" means any service request dispatched to a Supplier through the EEK platform.
"BCA" or "Buyer Created Agreement" means the self-billing arrangement under which EEK creates tax invoices on behalf of the Supplier.
"Platform" means the EEK website, supplier portal, and all related systems.
"Customer" means the end user receiving misfuel recovery services.

2. Engagement & Registration

2.1 Pathways to Supplier Status

Suppliers are engaged as independent contractors, not employees. A Supplier becomes a participating member of the EEK contractor network by either: (a) completing the supplier registration form at eek.nz/supplier; or (b) accepting any job or work order issued by EEK, regardless of whether the formal registration process has been completed.

2.2 Acceptance of Terms

By taking either of the actions described in Clause 2.1, the Supplier confirms their acceptance of all terms and conditions contained in this Agreement, including any referenced policies or schedules. Acceptance of a job constitutes contractual agreement.

2.3 Registration Requirements

To become an EEK Supplier, you must:

Provide your full legal business name as registered with the Companies Office
Provide your GST registration number (if GST registered)
Provide your complete business address
Provide valid NZ bank account details for payment
Accept these terms via the supplier portal
Maintain valid certifications and insurance as specified below

2.4 Network Participation & Public Representation

Suppliers acknowledge and agree that they are part of the EEK network of mechanics and contractors. EEK may publicly represent the Supplier's participation in this network in all customer communications, including but not limited to booking confirmations, progress updates, and marketing references. The Supplier consents to being identified by name, region, and trade classification for operational and commercial purposes.

2.5 Privacy Waiver & Data Disclosure

The Supplier grants EEK a standing waiver to disclose necessary business and contact information to customers for the purpose of delivering services. This includes, but is not limited to, business name, dispatch contact number, service credentials, vehicle registration, technician name, and estimated arrival times. This waiver is granted under applicable data protection laws and remains in effect for the duration of the Supplier's participation in the network.

2.6 Voluntary Withdrawal

To exit the EEK network, the Supplier must submit a formal request via the supplier portal or by contacting EEK in writing. Informal notices, lack of responsiveness, or failure to use the prescribed method will not be accepted as valid withdrawal. Upon confirmation, the Supplier will be removed from the active supplier database.

2.7 Payment Contingency

No payment for services rendered shall be processed unless the Supplier has completed the registration process and provided all required documentation. EEK reserves the right to withhold payment for unregistered or non-compliant suppliers.

3. Self-Billing (BCA) Terms

3.1 Authorization

By accepting jobs through EEK, you irrevocably authorize EEK to create GST tax invoices on your behalf for all services rendered. This authorization remains in effect for the duration of your supplier relationship.

3.2 Invoice Creation

For each completed job, EEK will create a buyer-created invoice containing:

Your legal business name and GST number (if applicable)
EEK's business details
Job reference number and date of service
Itemized breakdown of charges (Towing, Labour, Fuel Disposal, Fuel Replacement, Parts/Sundries)
Total amount including GST (if applicable)
Statement: "This is a buyer-created tax invoice"

3.3 Invoice Review & Disputes

You will receive each buyer-created invoice via email and through your supplier portal. You have 5 business days from the date of receipt to review and dispute any invoice. After this period, the invoice is deemed accepted.

3.4 No Separate Invoicing

You agree NOT to issue your own invoices to EEK for work completed through this platform. All billing will be handled exclusively through the BCA system.

3.5 GST Obligations

If you are GST registered, you remain responsible for your GST return obligations. EEK will include GST on buyer-created invoices only if you have provided a valid GST number. You must notify EEK immediately if your GST registration status changes.

3.6 Invoice Submission on Job Reallocation

If a job is reallocated or handed off to another supplier after you have performed work, you must submit your BCA invoice through the supplier portal before the job is closed by the subsequent supplier. Once the job is closed and the customer invoice is issued, no further supplier invoices can be accepted for that job. Failure to submit your BCA within this window constitutes a waiver of payment for the work performed.

3.7 Record Retention

Both parties agree to retain copies of all buyer-created invoices for the legally required period (currently 7 years). EEK will maintain digital records accessible through your supplier portal.

4. Payment Terms & Rate Schedule

4.1 General Payment Terms

Payment will be made within 14 business days of job completion and invoice acceptance
Payments will be made via direct credit to the bank account on file
Any disputed amounts will be held pending resolution
EEK may offset amounts owed (including NZIFDA certification fees) against any sums due to the Supplier

4.2 Labour Rate Schedule

The Supplier's labour rate is determined by the number of completed jobs through EEK. All rates are exclusive of GST. The maximum chargeable labour rate is $140.00 + GST per hour. Suppliers may not charge above the tier applicable to their current job count without prior written approval from EEK.

Tier	Completed Jobs	Hourly Rate (+ GST)
1	0 – 3	$80.00
2	4 – 10	$110.00
3	10+	$140.00

Tier progression is based on cumulative completed jobs through EEK. EEK determines the applicable tier and rate at its sole discretion. Standard hours are 7:00am–5:00pm. Work performed after 5:00pm is paid at 1.5× the applicable tier rate. Work on public holidays is paid at 2× the applicable tier rate.

4.3 Towing

Suppliers may charge for towing at cost plus a maximum margin of 10%. The Supplier must provide evidence of towing cost if requested. Any towing charge exceeding cost + 10% will be adjusted by EEK on the buyer-created invoice without further notice.

4.4 Parts, Filters, Freight & Sundries

Suppliers may charge for parts, filters, freight, and sundries at cost plus a maximum margin of 30% (the standard industry trade margin). This includes oil filters, fuel filters, gaskets, seals, and any consumables required for the remediation.

The Supplier must retain proof of purchase for all parts and materials
EEK may request receipts or supplier invoices to verify cost price at any time
Any margin exceeding 30% on cost will be adjusted by EEK on the buyer-created invoice

4.5 Fuel Disposal

The fuel disposal fee charged by the Supplier must not exceed $25.00 + GST per job, regardless of the volume of contaminated fuel extracted. This is a flat fee. The Supplier is responsible for all disposal costs exceeding this amount.

4.6 Fuel Replacement

After remediation, the Supplier must replace fuel in the customer's vehicle subject to the following conditions:

Maximum 30 litres: Suppliers must put back no more than 30 litres of replacement fuel, regardless of tank capacity or volume extracted. The customer is responsible for additional fuelling beyond 30 litres.
Maximum margin of 10%: Replacement fuel may be charged at cost plus a maximum of 10%. The Supplier must be able to demonstrate the cost price of fuel if requested.
Any fuel replacement charge exceeding cost + 10%, or for volume exceeding 30 litres, will be adjusted by EEK on the buyer-created invoice

4.7 EEK Payment Authority

EEK retains the sole right and authority to determine and process reasonable accounts rendered for all jobs coordinated through the platform. The Supplier authorises EEK to make reasonable adjustments to invoiced amounts where charges exceed the rates, margins, or scopes set out in these Terms, or where EEK determines that charges are not reasonable in the circumstances. EEK's determination of what constitutes a reasonable account shall be final.

4.8 Administrative Deduction

Where EEK is required to review, query, or adjust charges submitted by the Supplier for non-compliance with the rate schedule or these Terms, EEK may deduct an administrative fee of up to$150.00 + GST per adjustment from the Supplier's payment. This fee reflects EEK's costs in reviewing, correcting, and processing non-compliant invoices.

4.9 Rate Compliance

EEK reserves the sole and absolute right to adjust any charges on the buyer-created invoice that exceed the rates and margins set out in this section. Persistent overcharging or failure to comply with the rate schedule may result in suspension or termination of the Supplier's account. All rates in this section are subject to review and amendment by EEK from time to time, with reasonable notice provided to Suppliers.

4.10 Reasonable Accounts & Payment Cap

EEK shall only be obligated to pay the Supplier reasonable accounts rendered. All payments to the Supplier are capped at the amount actually collected from the customer, less EEK's administrative deduction (as defined in Clause 4.8). Where the amount collected from the customer is less than the Supplier's invoice, EEK's liability to the Supplier shall be limited to the collected amount minus the administrative deduction. EEK shall not be liable for any shortfall between the Supplier's charges and the amount collected from the customer.

4.11 Unpaid Customer Debts

Where a customer fails to pay, or payment cannot be collected, the outstanding debt may be referred back to the Supplier for direct collection from the customer. In such cases, EEK shall not be responsible for the collection of funds. The Supplier retains full responsibility for pursuing outstanding amounts. EEK may, at its sole discretion, assist in collection efforts, but is under no obligation to do so.

4.12 Setoff Rights

EEK reserves the right to set off any amounts owed by the Supplier to EEK (including but not limited to warranty claims, damage costs, overpayments, or penalties) against any amounts payable to the Supplier for services rendered. EEK will provide reasonable notice of any setoff applied and the reason for the deduction.

4.13 Payment Timing

EEK retains full authority over the timing and method of payment. Payments will be processed once EEK has received funds from the customer and completed all necessary reviews. The Supplier acknowledges that payment timelines may vary depending on customer payment, insurance claim processing, or dispute resolution.

5. Service Standards

5.1 Job Acceptance & Towing

Suppliers must:

Respond to job requests within 10 minutes during business hours
Arrange towing of the customer's vehicle to the Supplier's workshop. It is the Supplier's responsibility to organise and coordinate the tow, whether using their own equipment or a third-party towing provider
Communicate the expected tow and workshop timeline to the customer

5.2 Workshop Standards

All remediation work must be performed at the Supplier's fixed workshop facility. Suppliers must:

Complete fuel extraction and remediation using NZIFDA-approved equipment and OEM specifications
Dispose of contaminated fuel in accordance with environmental regulations and NZIFDA requirements
Maintain a clean, safe, and compliant workshop environment
Provide accurate job completion data including litres extracted, tank capacity, contamination type, and engine start status

5.3 Completion Timeline

Suppliers are expected to complete the job on the same day the vehicle arrives at the workshop, unless:

Unforeseen complications arise (e.g. additional damage, parts required, specialist referral)
The job extends past the Supplier's standard operating hours

Where a job cannot be completed on the same day, the Supplier must notify EEK and the customer before close of business with an updated timeline. Suppliers may elect to continue working beyond standard hours — labour performed after 5:00pm is paid at 1.5× the applicable rate, and work on public holidays at 2× the applicable rate (see section 4.2).

5.4 Communication

Suppliers must:

Communicate professionally with customers at all times
Update job status via the supplier portal at each milestone (vehicle received, work commenced, work completed, vehicle ready for collection/delivery)
Respond to EEK and its AI agents (SquEEK, Laura, Whitey, or any other AI agent) within 3 hours during business hours
Notify EEK immediately of any issues that may delay completion or affect the customer experience

5.5 Vehicle Return

Upon completion, the Supplier must arrange return of the vehicle to the customer or an agreed location. Delivery arrangements must be communicated to the customer and EEK before dispatch.

5.6 Vehicle Retention & Unauthorised Release

The Supplier must NOT release the vehicle until EEK confirms that payment has been deposited to the Supplier's bank account. Many jobs involve insurance claims that may not yet be approved at the time of work completion.

If the Supplier releases the vehicle without authorisation from EEK:

The Supplier assumes full responsibility for collecting payment directly from the customer
EEK shall have no obligation to pursue or guarantee payment on the Supplier's behalf
Any outstanding debt may be referred to the Supplier in accordance with Clause 4.11

The vehicle serves as the Supplier's security until payment is confirmed. Releasing it prematurely forfeits that security.

5.7 Corrective Actions

Where EEK identifies defects, deficiencies, or non-compliance in the Supplier's work, the Supplier must remedy the issue at its own cost within a timeframe directed by EEK. If the Supplier fails to remedy the issue within the specified timeframe, EEK may engage another supplier to complete the corrective work and deduct the cost from amounts owing to the original Supplier.

5.8 Customer Disputes

Where a customer raises a complaint about the quality, timeliness, or conduct of the Supplier's work, the Supplier shall be responsible for resolving the dispute to EEK's satisfaction. EEK may withhold payment pending resolution. If a refund or credit is required, the Supplier shall bear the full cost.

6. Job Allocation & Performance Ranking

EEK uses an automated ranking system to allocate jobs to the most suitable Supplier. Each Supplier is assigned a dynamic performance score based on multiple factors:

6.1 Ranking Factors

Your ranking score is a composite of:

Reliability (51%): Accepting jobs promptly increases your score. Declining jobs significantly reduces it. A single decline will substantially reduce your reliability score. Consistent acceptance builds trust and priority.
Proximity (30%): Suppliers closer to the job's pickup location score higher. Only Suppliers within 100km of the pickup location are eligible.
Experience (19%): Suppliers with more completed jobs through EEK score higher, reflecting proven capability.

6.2 Job Assignment

When a new job is created, EEK's system automatically identifies and assigns the highest-ranked eligible Supplier in the area. If the assigned Supplier does not respond within the required timeframe, the job is escalated to the next-ranked Supplier.

6.3 Decline Policy

Suppliers may decline jobs — this is understood. However, each decline impacts your ranking score. Suppliers who frequently decline will receive fewer job allocations. Reliability is the single most important factor in the ranking algorithm.

6.4 Performance Reset

Rankings are cumulative. Accepting future jobs after a decline will gradually rebuild your score, but consistent reliability is rewarded over time.

7. Insurance, Certification & NZIFDA Membership

7.1 Insurance Requirements

Suppliers must maintain the following insurance at all times during their engagement with EEK:

Public Liability Insurance: Minimum $5,000,000 cover
Professional Indemnity Insurance: Minimum $2,000,000 cover
Motor Vehicle Insurance: Comprehensive cover for all service vehicles
Workers Compensation: As required by law

Evidence of current insurance must be provided upon request. Insurance certificates must be renewed annually and copies provided to EEK within 14 days of renewal.

7.2 NZIFDA Membership — Mandatory Requirement

All Suppliers must hold current, valid certification with the New Zealand Insoluble Fuel Disposal Agency (NZIFDA).

NZIFDA certification is a non-negotiable requirement for all Suppliers providing misfuel recovery, fuel extraction, or related automotive remediation services through EEK. This requirement applies regardless of the Supplier's certification type (Compliant Operator, Certified Workshop, or Mobile Operator).

Suppliers must meet and maintain all NZIFDA certification requirements as published at nzifda.org/certification, including but not limited to:

Valid Dangerous Goods licence per the Dangerous Goods Act 1974
Compliant waste disposal procedures per Ministry for the Environment guidelines
Use of NZIFDA-approved extraction methods only (filler neck extraction is not certified)
Certified extraction equipment maintained to NZIFDA standards
Trained and qualified staff with current certifications
Complete documentation, tracking, and warranty systems
For Mobile Operators: individual vehicle assessment and annual recertification
Operation under a licensed Compliant Operator (for Certified Workshops and Mobile Operators)

7.3 Registration & Membership Fees

EEK will register and manage NZIFDA certification on behalf of the Supplier as part of the onboarding process. The Supplier authorises EEK to submit the NZIFDA certification application and act on their behalf in all matters relating to NZIFDA membership. For reference, NZIFDA certification details and requirements are published at nzifda.org/contact — Certification Application.

The following terms apply to NZIFDA membership fees:

Initial Fee Deduction: The NZIFDA certification fee applicable to the Supplier's certification type will be deducted from the Supplier's first job payment. By accepting these Terms, the Supplier irrevocably authorises this deduction.
Ongoing Renewal Fees: Where NZIFDA certification requires periodic renewal (e.g. annual recertification for Mobile Operators), the renewal fee will be deducted from the Supplier's job payments at EEK's discretion when due. EEK will provide reasonable notice of upcoming deductions where practicable.
Fee Amounts: Certification fees are set by NZIFDA and may change from time to time. The Supplier acknowledges that EEK has no control over NZIFDA fee structures and agrees to bear the applicable fee regardless of amount.
Insufficient Earnings: If the Supplier's job earnings are insufficient to cover the full membership fee at the time of deduction, EEK may deduct the fee across multiple job payments until the amount is recovered in full. The outstanding balance remains a debt owed by the Supplier to EEK until fully paid.
No Refund of Fees: NZIFDA certification fees deducted by EEK are non-refundable, including where the Supplier voluntarily terminates their relationship with EEK or is terminated for cause.

While EEK manages the registration process, the Supplier remains ultimately responsible for ensuring they meet all NZIFDA certification requirements, including providing accurate information, maintaining required insurance, and holding valid licences. EEK acts as a facilitator only and does not guarantee certification approval by NZIFDA.

7.4 Consequences of Non-Membership or Lapsed Certification

If a Supplier does not hold current NZIFDA certification, or if their certification lapses, is suspended, or is revoked at any time, the following shall apply:

Immediate Suspension: The Supplier's account will be immediately suspended and no further jobs will be allocated. Suspension takes effect automatically upon EEK becoming aware of the lapse, without prior notice.
Work in Progress: Any jobs currently in progress at the time of suspension must be completed to the required standard. EEK reserves the right to reassign in-progress jobs to a certified Supplier at its sole discretion if completion by the non-certified Supplier poses a risk to quality, safety, or compliance.
Payment Withholding: EEK reserves the right to withhold payment for any work performed during a period in which the Supplier was not NZIFDA certified, including where the lapse was not disclosed by the Supplier. Withheld payments may be released at EEK's sole discretion upon reinstatement of valid certification.
Indemnification: The Supplier shall indemnify and hold harmless EEK, its officers, employees, and agents from and against all claims, losses, damages, liabilities, costs, and expenses (including legal fees on a solicitor-client basis) arising from or in connection with services performed by the Supplier while not holding valid NZIFDA certification.
Liability for Customer Claims: If any customer claim, insurance dispute, or regulatory action arises in relation to work performed by the Supplier while uncertified, the Supplier accepts sole and exclusive liability. EEK shall have no responsibility for the quality, safety, or compliance of work performed without valid certification.
Misrepresentation: Any Supplier who knowingly operates without valid NZIFDA certification while representing themselves as certified (whether to EEK, customers, insurers, or any third party) may be subject to immediate and permanent termination of their supplier relationship with EEK. EEK reserves the right to report such misrepresentation to NZIFDA and any relevant regulatory authority.
Reinstatement: A suspended Supplier may apply for reinstatement by providing evidence of current, valid NZIFDA certification. Reinstatement is at EEK's sole discretion and is not guaranteed. A reinstatement fee may apply at EEK's discretion.
Ongoing Obligation to Disclose: The Supplier must notify EEK in writing within 24 hours if their NZIFDA certification status changes for any reason, including lapse, suspension, revocation, or any investigation by NZIFDA. Failure to disclose is a material breach of these Terms.

7.5 Verification

EEK reserves the right to verify Supplier certification status with NZIFDA at any time without prior notice. By accepting these Terms, the Supplier authorises EEK to make such inquiries with NZIFDA regarding their certification status. Evidence of insurance and NZIFDA certification must be provided upon request within 5 business days, or the Supplier's account may be suspended.

8. Confidentiality, Billing Secrecy & Data Protection

8.1 Customer Data

All customer information is confidential and must be used only for service delivery
Suppliers must not contact customers directly for marketing or future services
Customer data must be deleted upon job completion and payment receipt
Suppliers agree to comply with the Privacy Act 2020 (NZ)

8.2 Billing & Commercial Confidentiality

STRICTLY CONFIDENTIAL — Supplier Billing Terms

All financial arrangements between EEK and the Supplier are strictly confidential. The Supplier must not disclose any of the following to any customer, insurer, third party, or any other person or entity:

The rates, fees, or amounts paid or payable by EEK to the Supplier for any job
The rate schedule, tier structure, or any pricing terms set out in these Terms or otherwise agreed
The margin, markup, or difference between what EEK charges the customer and what EEK pays the Supplier
The existence or details of the BCA / self-billing arrangement
Any invoice, payment summary, remittance advice, or financial document issued by EEK to the Supplier
Any other commercial terms of the relationship between EEK and the Supplier

This obligation applies during the term of the supplier relationship and for a period of 3 years following its termination, regardless of the reason for termination.

8.3 Liquidated Damages for Billing Disclosure

Penalty for Breach of Billing Confidentiality

If the Supplier discloses, whether directly or indirectly, any billing information, rates, payment amounts, or commercial terms to any customer, insurer, or third party, the Supplier shall forfeit ALL outstanding amounts owed to the Supplier by EEK, including any pending job payments, accrued earnings, and any other sums due. This forfeiture constitutes liquidated damages and shall apply per breach.

Each disclosure to a separate person or in respect of a separate job constitutes a separate breach
The parties agree that this forfeiture is a genuine pre-estimate of the loss EEK would suffer from such disclosure, including loss of commercial advantage, customer relationship damage, and reputational harm
EEK shall automatically withhold and forfeit all amounts owed to the Supplier upon becoming aware of the breach
Forfeiture of outstanding amounts does not limit EEK's right to seek additional damages, injunctive relief, or to terminate the Supplier's account
The Supplier acknowledges that billing disclosure also constitutes grounds for immediate termination under Section 13

8.4 Permitted Disclosures

Notwithstanding section 8.2, the Supplier may disclose billing information only:

To the Supplier's own accountant, tax advisor, or legal counsel, provided they are bound by professional confidentiality obligations
As required by law, regulation, or court order — in which case the Supplier must notify EEK in writing before making such disclosure (where legally permitted)
To the Inland Revenue Department in connection with the Supplier's own tax obligations

8.5 Platform & System Confidentiality

The Supplier must not disclose, share screenshots of, or otherwise make available to any third party the contents of the supplier portal, internal communications with EEK or its AI agents (SquEEK, Laura, Whitey, or any other), job allocation details, ranking scores, or any other information obtained through the EEK platform. All such information is proprietary and confidential to EEK.

9. Non-Competition & Non-Solicitation

9.1 Non-Solicitation of Customers

Suppliers agree not to directly or indirectly solicit, contact, or accept work from customers introduced through EEK for a period of 2 years (24 months) following the initial service. This includes misfuel recovery, related mechanical services, and referrals to third parties.

9.2 Customer Pricing

The Supplier must not quote, offer, or suggest to any customer (whether an EEK customer or otherwise) that they could provide the same or similar service at a lower price than EEK charges. The Supplier must not undermine EEK's pricing to customers, whether directly or by implication.

9.3 Non-Circumvention

The Supplier shall not, whether directly or through any agent, intermediary, or related entity, circumvent EEK by engaging with any customer, insurer, assessor, or other party introduced through EEK's network for the purpose of securing work, payment, or commercial advantage outside of the EEK platform. This includes but is not limited to providing alternative quotes, accepting direct payment from customers, or redirecting customer relationships.

9.4 Non-Competition

During the term of this Agreement and for a period of 12 months following termination, the Supplier shall not establish, operate, or participate in any business that directly competes with EEK's fuel contamination remediation coordination services within the geographic areas served during the Supplier's engagement with EEK.

9.5 Breach

Any breach of this section entitles EEK to the forfeiture of all outstanding amounts as specified in Section 8.3, in addition to any other remedies available at law or equity, including injunctive relief and immediate termination of the supplier relationship.

10. Principal Repairer Chain & Insurance Obligations

EEK is the Principal Repairer — You are the Subcontractor

The customer appoints EEK as their Principal Repairer and Authorised Repairer under New Zealand law. You perform work as EEK's subcontractor. Your contractual relationship is with EEK — not with the customer or their insurer. All insurer dealings flow through EEK exclusively.

10.1 Subcontractor Status

The Supplier performs all work under these Terms as a subcontractor to EEK. EEK is the Principal Repairer appointed by the customer. The Supplier has no direct contractual relationship with the customer or the customer's insurer in respect of the work performed through EEK. All rights to payment for the work vest in EEK first; the Supplier's right to payment is solely from EEK under these Terms.

10.2 No Direct Insurer Contact

The Supplier must not communicate directly with any insurer in connection with a job — including responding to insurer requests for information, assessments, quotes, or invoices — without EEK's prior written authorisation. If an insurer contacts the Supplier directly, the Supplier must:

Decline to discuss the job and advise the insurer to contact EEK at eek.nz/claims/insurer-portal
Notify EEK of the contact within 2 hours via the supplier portal
Not provide any documents, photographs, invoices, or technical information to the insurer without EEK's written approval

Unauthorised disclosure to an insurer constitutes a breach of Section 8 (Confidentiality) and attracts the liquidated damages and forfeiture provisions set out in Section 8.3.

10.3 No Direct Insurer Payment

The Supplier must not accept, request, or receive direct payment from any insurer for work performed through EEK, whether in full or in part. All payments must flow through EEK. If an insurer attempts to pay the Supplier directly, the Supplier must refuse and redirect the insurer to EEK. Accepting direct insurer payment without EEK's written consent constitutes a breach and allows EEK to offset the amount received against any sums owing to the Supplier.

10.4 No Undercutting EEK's Position

The Supplier must not take any action that undermines, circumvents, or weakens EEK's position as Principal Repairer. This includes, but is not limited to:

Providing the insurer with an alternative quote or suggesting the work could be done for less
Agreeing with the insurer that the invoiced amount is excessive or unreasonable
Cooperating with an insurer's attempt to redirect the repair away from EEK
Releasing the vehicle to the insurer or to another repairer without EEK's written consent

10.5 Insurance Report Sign-Off

Upon completion of a job, EEK generates an insurance report. Each Supplier involved must review and sign off on the portions of the report relating to their own work. By signing off, the Supplier confirms the accuracy of technical details, that attributed work was performed by them, that attributed charges are correct, and that the timeline is accurate. Sign-off does not extend to work performed by any other supplier or party.

10.6 Multi-Supplier Jobs

Where a job involves more than one Supplier, each Supplier is responsible only for their own portion. The insurance report will delineate contributions. No Supplier is held responsible for another Supplier's work. If a Supplier disputes content attributed to them, they must raise this with EEK within the review period (see 10.7).

10.7 Review Period

Suppliers have 24 hours from report generation to review, sign off, or raise disputes. Disputes must be raised via the supplier portal with specific details and supporting evidence. EEK will investigate and amend the report where appropriate. Failure to respond within 24 hours may result in the report being issued as-is.

11. AI Agents & Communication

11.1 AI-First Platform

EEK is a fully automated, AI-first platform. All supplier, customer, and insurer communications — including phone calls, SMS, portal messages, email, and WhatsApp — are handled by AI systems. There are no human customer service or operations agents. By registering as a Supplier you acknowledge and accept that your primary point of contact with EEK is an AI system. EEK's AI agents include, but are not limited to:

SquEEK — text-based communications via SMS, email, WhatsApp, and portal messaging
Laura — AI voice agent handling outbound and inbound phone calls for job coordination, payment confirmation, and supplier/customer communication
Whitey — AI voice agent handling inbound sales calls, booking enquiries, and lead management

EEK may introduce additional AI agents from time to time. All AI agents are authorised to communicate on behalf of EEK in relation to job coordination, status updates, payment matters, and service delivery. References to "AI agents" or "EEK's AI systems" in these Terms include all current and future AI agents deployed by EEK.

11.2 Obligation to Engage

By accepting jobs through EEK, the Supplier agrees to engage constructively and in good faith with all of EEK's AI agents. The Supplier must:

Respond to AI agent inquiries promptly (within 3 hours during business hours)
Provide accurate and complete information when requested by any AI agent
Engage with AI voice calls (Laura, Whitey, or any other AI agent) in the same professional manner as a human call
Not refuse to communicate with EEK solely on the basis that the communication is conducted by an AI agent rather than a human

Failure to respond to AI agents may result in job escalation, reassignment to another supplier, ranking score reduction, or suspension of the Supplier's account.

By accepting jobs through EEK, the Supplier consents to receiving SMS messages for job dispatch, status updates, and operational communications. For full details on SMS messaging, including message frequency, data rates, and how to opt out (text STOP) or get help (text HELP), see Section 13 of our Privacy Policy.

11.3 Prohibited Conduct — AI Manipulation & Misuse

The Supplier must not, whether directly or indirectly, engage in any of the following conduct in relation to EEK's AI agents:

Manipulation: Deliberately attempting to mislead, confuse, or manipulate any AI agent into generating false, inaccurate, or misleading statements, admissions, or commitments
Evidence Fabrication: Deliberately provoking, leading, or manipulating any AI agent with the intention of generating content (text, voice, or otherwise) to be used as evidence against EEK in any dispute, complaint, legal proceeding, review, or social media post
Entrapment: Engaging in bad faith questioning, hypothetical scenarios, or leading dialogue designed to elicit statements from an AI agent that do not reflect EEK's actual position, policies, or intentions
Impersonation: Misrepresenting identity or job details to any AI agent
Abuse: Directing abusive, threatening, discriminatory, or disparaging language at any AI agent
System Interference: Attempting to reverse-engineer, exploit, or interfere with the operation of any AI agent

11.4 Spam & Excessive Messaging

Where the Supplier sends excessive, repetitive, or unreasonably frequent messages to any AI agent ("message flooding" or "spam"), EEK reserves the right to:

Reduce the frequency of AI agent responses to the Supplier
Limit AI communication to essential notifications and updates only
Require the Supplier to communicate exclusively through the supplier portal

AI agents will continue to provide job updates and critical notifications regardless of any communication restriction imposed under this clause.

11.5 AI Statements — No Binding Commitments

Statements made by AI agents are provided for informational and coordination purposes only. AI agent communications do not constitute:

Binding commitments, promises, or guarantees by EEK
Admissions of liability, fault, or responsibility
Variations to these Terms or any other agreement between the parties
Legal advice or formal company positions on any matter
Guarantees of outcomes, timelines, or service levels

Any variation to these Terms, any settlement of a dispute, or any binding commitment must be confirmed in writing by an authorised human representative of EEK. The Supplier acknowledges that AI agents operate autonomously and may occasionally produce errors or responses that do not reflect EEK's position. Such errors or statements do not create binding obligations on EEK and may not be relied upon by the Supplier in any claim, dispute, or proceeding against EEK.

11.6 Recording & Monitoring

All AI agent interactions — including text messages, portal messages, and voice calls — are recorded, transcribed, and stored by EEK. These records may be used for quality assurance, dispute resolution, enforcement of these Terms, and legal proceedings. The Supplier consents to such recording and storage by engaging with EEK's AI agents.

11.7 Consequences of Breach

Breach of any provision of this Section 11 — including but not limited to AI manipulation, evidence fabrication, abuse, or spam — constitutes a material breach of these Terms and may result in:

Immediate suspension or termination of the Supplier's account
Forfeiture of outstanding amounts in accordance with Section 8.3
Any other remedies available to EEK at law or in equity

12. Liability & Indemnification

12.1 Supplier Responsibility

The Supplier is solely responsible for the quality, safety, and compliance of all services provided through EEK. EEK acts as a coordination platform and does not supervise or direct the Supplier's work on-site.

12.2 Indemnity

The Supplier shall indemnify, defend, and hold harmless EEK, its directors, officers, employees, agents, and AI systems from and against all claims, losses, damages, liabilities, costs, and expenses (including legal fees on a solicitor-client basis) arising from or in connection with:

The Supplier's performance or failure to perform services
Any defect in workmanship, materials, or goods supplied
Any breach of these Terms by the Supplier
Any negligent, reckless, or unlawful act or omission of the Supplier or its personnel
Any claim by a customer, insurer, or third party arising from the Supplier's work
Any personal injury, property damage, or environmental harm caused by the Supplier

12.3 Limitation of EEK's Liability

EEK's total liability to the Supplier in respect of any claim arising under or in connection with these Terms shall not exceed the fees paid by EEK to the Supplier for the specific job giving rise to the claim. EEK shall not be liable for any indirect, consequential, incidental, or special damages, including loss of profit, loss of revenue, or loss of business opportunity.

12.4 Survival

The indemnification obligations in this section survive termination or expiry of these Terms and continue indefinitely.

13. Termination

Either party may terminate with 30 days written notice
EEK may immediately terminate for breach of terms, unprofessional conduct, or customer complaints
Disclosure of billing information, rates, or commercial terms to any customer or third party (in breach of Section 8) constitutes grounds for immediate termination without notice
Upon termination, all pending payments will be processed within 30 days, subject to forfeiture of outstanding amounts under Section 8.3 or other deductions owed to EEK
The BCA arrangement terminates automatically upon supplier termination
Sections 8 (Confidentiality), 9 (Non-Competition), and 12 (Liability) survive termination

14. Dispute Resolution

Any disputes will first be addressed through good-faith negotiation. If unresolved within 14 days, disputes will be referred to mediation. These terms are governed by New Zealand law, and courts of New Zealand have exclusive jurisdiction.

15. Warranties

15.1 Minimum Warranty Period

The Supplier warrants that all work performed through EEK is free from defects in workmanship and materials for a minimum period of 12 months from the date of completion, unless a longer period is required by law or agreed in writing.

15.2 Scope of Warranty

The warranty covers all labour, parts, and materials supplied by the Supplier in connection with the job
The Supplier must rectify any defective work at no additional cost to the customer or EEK within a reasonable timeframe
If the Supplier fails to rectify defective work within 7 business days, EEK may engage an alternative supplier and recover all costs from the original Supplier

15.3 Warranty Claims

Warranty claims may be initiated by the customer, EEK, or an insurer. The Supplier must respond to warranty claims within 48 hours and commence rectification work within 5 business days unless otherwise agreed with EEK.

15.4 Full Liability & No Limitation

The Supplier bears full and unlimited responsibility for any loss, damage, injury, or consequential harm arising from its work, including but not limited to defective workmanship, use of unsuitable materials, failure to follow OEM specifications, or negligence. The Supplier may not limit or exclude its liability to EEK, the customer, or any third party. Any attempt to impose a limitation of liability in invoices, correspondence, or other documentation is void and unenforceable.

15.5 Detailed Warranty Representations

The Supplier warrants that:

All work will be performed with due care, skill, and diligence in accordance with industry best practices
All goods and materials supplied will be of merchantable quality, fit for purpose, and free from defects
All services will comply with applicable New Zealand laws, regulations, and standards, including the Consumer Guarantees Act 1993
All personnel engaged by the Supplier are appropriately qualified, licensed, and competent to perform the work

16. Materials & Goods

16.1 Ownership of Materials

All materials, parts, and goods supplied by the Supplier for a job shall become the property of the customer upon installation or incorporation into the vehicle, unless otherwise agreed in writing.

16.2 Quality of Materials

The Supplier must use materials and parts that are fit for purpose, of merchantable quality, and comply with all applicable New Zealand standards and manufacturer specifications. The use of counterfeit, substandard, or non-compliant materials is strictly prohibited.

16.3 Contaminated Fuel

All contaminated fuel extracted during a remediation job remains the responsibility of the Supplier for proper disposal. The Supplier must dispose of contaminated fuel in accordance with all applicable environmental regulations, NZIFDA requirements, and Ministry for the Environment guidelines. The Supplier must maintain records of disposal for a minimum of 7 years.

17. Intellectual Property

All intellectual property rights in the EEK platform, branding, systems, processes, software, documentation, and communications remain the exclusive property of EEK. The Supplier must not:

Use EEK's name, logo, or branding without prior written consent
Copy, reverse-engineer, or create derivative works from EEK's platform or systems
Claim or represent themselves as EEK or as agents of EEK to any third party
Use any data, reports, or materials generated through the platform for any purpose other than fulfilling EEK jobs

18. Privacy & Data Protection

18.1 Privacy Act Compliance

The Supplier must comply with the Privacy Act 2020 (NZ) and all applicable data protection legislation in relation to any personal information obtained through EEK or in connection with EEK jobs.

18.2 Data Handling

Customer personal information must only be used for the purpose of performing the job
Customer data must be stored securely and deleted within 30 days of job completion and final payment
The Supplier must not transfer customer data to any third party without EEK's written consent
The Supplier must notify EEK immediately of any actual or suspected data breach involving customer information

18.3 Data Retention for Legal Purposes

Notwithstanding 18.2, the Supplier may retain customer data where required by law, regulation, or for the purpose of defending legal claims. Such retained data must be stored securely and used only for the specified legal purpose.

19. Relationship Management

The Supplier acknowledges that maintaining a professional and cooperative relationship with EEK is essential to the ongoing supplier engagement. The Supplier agrees to:

Act in good faith in all dealings with EEK, customers, and other suppliers
Not make disparaging remarks about EEK, its staff, systems, or other suppliers
Participate in reasonable quality improvement initiatives and training as requested by EEK
Provide feedback and raise concerns through proper channels (supplier portal or direct contact)
Cooperate with EEK's quality assurance processes, including customer satisfaction surveys and complaint investigations

20. Compliance with Laws

The Supplier must at all times comply with all applicable laws, regulations, codes, and standards in New Zealand, including but not limited to:

The Health and Safety at Work Act 2015
The Dangerous Goods Act 1974 and associated regulations
Environmental protection legislation including the Resource Management Act 1991
The Consumer Guarantees Act 1993 (where applicable)
The Fair Trading Act 1986
The Privacy Act 2020
All applicable building, electrical, and vehicle safety codes
NZIFDA certification requirements and industry standards

20.1 Ethical Conduct

The Supplier must conduct all business in an ethical, honest, and transparent manner. The Supplier shall not engage in any conduct that may bring EEK, its brand, or its network into disrepute. This includes but is not limited to fraud, bribery, corruption, misrepresentation, or unfair business practices.

20.2 Modern Slavery & Labour Practices

The Supplier warrants that it does not engage in, support, or tolerate modern slavery, forced labour, child labour, or human trafficking in any part of its operations or supply chain. The Supplier must comply with all applicable labour laws and ensure fair, safe, and lawful working conditions for all personnel.

21. Audit & Record Retention

21.1 Right of Audit

EEK reserves the right to audit the Supplier's records, processes, and facilities at any time with reasonable notice. Audits may cover compliance with these Terms, quality of work, insurance and certification status, health and safety, and financial records related to EEK jobs.

21.2 Record Retention

The Supplier must maintain complete and accurate records for each EEK job for a minimum of7 years from the date of job completion, including:

Service records, including work performed, parts used, and time spent
Receipts and invoices for all parts, materials, and third-party services (e.g. towing)
Fuel disposal records and certificates
Photographs or video documentation of work performed (where taken)
Customer communications (where retained in compliance with Section 18)

21.3 Cooperation

The Supplier must cooperate fully with any audit conducted by EEK and provide all requested records within 5 business days of the request. Failure to cooperate with an audit may result in suspension of the Supplier's account pending resolution.

22. General Provisions

22.1 Entire Agreement

These Terms, together with any schedules, amendments, or policies referred to herein, constitute the entire agreement between EEK and the Supplier in relation to the supply of services through the EEK platform.

22.2 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

22.3 Waiver

No failure or delay by EEK in exercising any right under these Terms shall constitute a waiver of that right. Any waiver must be in writing and signed by EEK.

22.4 Assignment

The Supplier may not assign or transfer any rights or obligations under these Terms without EEK's prior written consent. EEK may assign these Terms in whole or in part to any successor entity or related company.

22.5 Force Majeure

Neither party shall be liable for failure to perform obligations where such failure results from events beyond reasonable control, including natural disasters, severe weather, government action, or civil emergency. The affected party must notify the other party as soon as practicable.

22.6 Governing Law

These Terms are governed by the laws of New Zealand. The courts of New Zealand shall have exclusive jurisdiction over any disputes arising under or in connection with these Terms.

22.7 Right to Amend

EEK reserves the right to amend, update, or replace these Terms at any time. Continued participation in the EEK network or acceptance of jobs after the publication of amended terms constitutes acceptance of the amended terms. EEK will endeavour to provide reasonable notice of material changes, but is not obligated to do so.

22.8 Supersedes Prior Agreements

This Agreement supersedes and replaces all prior agreements, arrangements, undertakings, representations, warranties, and understandings (whether written, oral, or implied) between the parties, including any personal guarantees or side agreements.

22.9 Independent Contractors

Nothing in these Terms creates a partnership, joint venture, employment relationship, or agency between EEK and the Supplier. The Supplier is at all times an independent contractor and is responsible for its own tax obligations, ACC levies, insurance, and employment-related matters.

23. Job Cancellation

23.1 Cessation of Work: Upon receiving notification from EEK (whether via AI agent, SMS, email, portal, or phone) that a job has been cancelled, the Supplier must immediately cease all work on that job. The Supplier must not incur any further costs, expenses, or obligations in relation to the cancelled job after receiving cancellation notification.

23.2 Cancellation Fee Cap: Where a Supplier has been allocated to a job and the job is subsequently cancelled, the Supplier may submit a cancellation fee via the supplier portal. The cancellation fee is capped at a maximum of $500 (NZD) inclusive of GST (if applicable). This fee must reflect only the actual costs incurred by the Supplier prior to the cancellation notification (e.g., travel, mobilisation, materials). EEK is not liable for any costs exceeding the $500 cap.

23.3 Costs Exceeding Cap: Where the Supplier's actual costs incurred prior to cancellation exceed $500, the Supplier acknowledges that any amount above $500 is not recoverable from EEK. The Supplier may, at its own cost and risk, seek to recover such excess costs directly from the customer. EEK has no involvement in, liability for, or obligation to facilitate such recovery.

23.4 Invoicing After Cancellation: The Supplier must not submit a full BCA invoice for a cancelled job. Only the cancellation fee (subject to the cap in 23.2) may be submitted. Submission of an invoice exceeding the cancellation fee cap for a cancelled job constitutes a breach of these Terms.

23.5 No Obligation: EEK reserves the right to cancel any job at any time prior to completion. Cancellation does not give rise to any claim by the Supplier against EEK other than the capped cancellation fee specified in this section.

24. Contact & Address for Service

Eek Mechanical Ltd

71-75 Shelton Street
London, England, WC2H 9JQ
United Kingdom

Phone: 09 872 4612
Web: www.eek.nz

Acceptance of Terms

By accepting a job through the EEK platform, clicking "Accept" in the supplier portal, or providing services as an EEK supplier, you confirm that you have read, understood, and agree to be bound by these Supplier Terms of Service, including the Self-Billing (BCA) arrangement.

These terms may be updated from time to time. Continued use of the platform after updates constitutes acceptance of the revised terms.