Supplier Terms of Service

Defines EEK, Supplier/Contractor, Job, BCA (Buyer Created Agreement), Platform, Customer.

Suppliers are independent contractors. Accepting any job = accepting all terms. Must provide legal name, GST number, address, bank details. Accept terms via portal. Maintain certifications. Network participation consent — EEK may publicly identify supplier by name, region, trade. Privacy waiver for sharing supplier info with customers. Formal written request required to withdraw from network. No payment until registration complete.

Supplier authorizes EEK to create tax invoices on their behalf. No separate invoicing. 5 business day review/dispute period. GST obligations remain with supplier. 7-year record retention.

Payment within 14 business days. Direct credit. Labour tiers 0-3 / 4-10 / 10+ jobs. After-hours 1.5x, holidays 2x. Towing cost +10% max. Parts +30% max. Fuel disposal cap. Fuel replacement rules. EEK payment authority. Admin deduction. PAYMENT CAP / UNPAID DEBTS / SETOFF (4.10-4.12) including amounts received directly from customers without remittance. EXCLUSIVE CHANNEL: Supplier must not invoice or accept payment from the Customer — all customer charges run through EEK; direct collection is a material breach. Vehicle release only after EEK confirms payment to supplier bank.

4.13 Debit card collection (recommended)

No deductions from your approved invoice. EEK loads your full approved amount plus a small buffer on the payout card for terminal processing. What you collect via EFTPOS is yours.

4.14 Direct bank transfer — fees

When you choose bank transfer, the following are deducted from your approved invoice before payment is sent. Exact amounts are shown in the portal before you confirm:

• •International card processing — Stripe NZ pass-through for routing funds from EEK US platform to your NZ bank account
• •Instant bank transfer fee — Stripe instant payout to your nominated NZ account (~1.5%)
• •EEK admin processing — 5 minutes at /hr NZD for manual bank-transfer handling

These are third-party and handling pass-through costs only. EEK platform reserve and treasury requirements are not charged to you and do not appear on your invoice deductions.

4.15 Bank transfer timing

Typically within 60 minutes once confirmed during NZ banking hours. Do not release the vehicle until you receive EEK transfer confirmation email.

Respond to jobs within 10 min. Arrange towing. NZIFDA-approved equipment. Complete same day where possible. After-hours paid at 1.5x. Update portal at each milestone. Respond to AI agents within 3 hours. Arrange vehicle return. VEHICLE RETENTION (5.6): Supplier must NOT release vehicle until EEK confirms payment deposited to supplier bank account. Unauthorised release = supplier assumes full responsibility for collecting payment from customer. EEK has no obligation to pursue payment. Vehicle is the supplier's security. Corrective actions at supplier cost (5.7). Customer disputes: supplier responsible for resolution (5.8).

Automated ranking: Reliability 51%, Proximity 30%, Experience 19%. Highest ranked in area gets job. Declines hurt ranking significantly. Rankings cumulative.

Must maintain: $5M public liability, $2M professional indemnity, comprehensive vehicle, workers comp. NZIFDA certification mandatory. EEK registers on behalf. Fees deducted from first job. Lapsed cert = immediate suspension, payment withholding, sole liability.

Customer info confidential. ALL billing info strictly confidential — rates, payments, margins, BCA details must NOT be disclosed to customers, insurers, or any third party. Breach results in forfeiture of ALL outstanding amounts owed to supplier. Permitted disclosures: own accountant/lawyer, IRD, court order only. Platform/portal content is proprietary. Obligation survives for 3 years post-termination.

2-year (24-month) restriction on soliciting/accepting work from EEK-introduced customers. Supplier must not quote lower prices to customers or undermine EEK pricing. Non-circumvention (9.3). Direct customer payment prohibited — must notify EEK and remit within 2 business days; no reduction of customer balance (9.3A). Anti-collusion with other network suppliers (9.3B). Non-competition: 12-month post-termination (9.4). Breach triggers forfeiture plus other remedies (9.5).

Suppliers sign off on insurance reports for their own work only. 24-hour review period. Multi-supplier jobs: each responsible for own portion.

AI agents include SquEEK (text), Laura (voice), Whitey (voice), and any future agents. Obligation to engage constructively and in good faith. Must respond within 3 hours. Cannot refuse communication solely because it is AI. Prohibited: manipulation, evidence fabrication, entrapment, impersonation, abuse, system interference. Spam/excessive messaging triggers reduced AI responses (notifications continue). AI statements are not binding commitments or admissions. All interactions recorded. Breach is material breach triggering suspension, termination, forfeiture.

Suppliers solely responsible for service quality/safety. Full indemnity: supplier indemnifies EEK against all claims, losses, damages, legal fees (solicitor-client basis) arising from supplier's work, defects, breaches, negligence, customer/insurer/third-party claims, injury, property damage, environmental harm (12.2). EEK liability limited to job fees (12.3). No indirect/consequential damages. Indemnity survives termination indefinitely (12.4).

30 days written notice either party. Immediate termination for breach/misconduct. Billing disclosure = immediate termination without notice. Pending payments subject to forfeiture under Section 8.3. BCA terminates automatically. Sections 8, 9, 12 survive termination.

Good faith negotiation, mediation within 14 days. NZ law and courts.

Minimum 12-month warranty on all work. Covers labour, parts, materials. Rectification at no cost. EEK may engage alternative supplier if not rectified within 7 business days. Full and unlimited supplier liability for loss/damage/injury — no limitation permitted (15.4). Supplier warrants: due care and skill, merchantable quality, legal compliance incl CGA 1993, qualified personnel (15.5).

Materials become customer property on installation. Must be fit for purpose, merchantable quality, NZ standards compliant. Contaminated fuel disposal per environmental regulations. 7-year disposal records.

All EEK platform IP remains EEK property. No use of EEK branding without consent. No copying/reverse-engineering of systems.

Privacy Act 2020 compliance mandatory. Customer data for job purposes only. Secure storage, deletion within 30 days of completion. Immediate breach notification to EEK.

Good faith dealings required. No disparagement. Participate in QA initiatives. Cooperate with satisfaction surveys and complaints.

Must comply with H&S at Work Act 2015, Dangerous Goods Act 1974, RMA 1991, CGA 1993, FTA 1986, Privacy Act 2020, all vehicle safety codes, NZIFDA standards. Ethical conduct required — no fraud, bribery, corruption (20.1). Modern slavery & forced labour prohibited (20.2).

EEK right to audit records, processes, facilities. 7-year minimum record retention per job. Must cooperate within 5 business days.

Entire agreement. Severability. No waiver without writing. No assignment without consent. Force majeure. NZ governing law. EEK may amend terms at any time — continued participation = acceptance (22.7). Supersedes all prior agreements including personal guarantees (22.8). Independent contractor relationship confirmed (22.9).

Supplier must cease work immediately on cancellation notification. Cancellation fee capped at $500 NZD via portal. Costs exceeding $500 are supplier's to recover directly from customer at own cost/risk. EEK not liable beyond cap. No full BCA invoice for cancelled jobs.

Forman Pacific, LLC ("EEK Mechanical"), Suite 305, 131 Continental Drive, Newark, DE 19713, United States. Phone: 09 872 4612.