Questions about this page: hello@blackcreek.co.nz

Black Creek Solutions: Terms of Service

Black Creek Solutions Limited (NZ company number 9470357, NZBN 9429054068582), Wellington, New Zealand ("we", "us"). These terms apply when your business ("you") uses our claims and audit services, including Get Paid Check.

Tender services and the online tool start in 2027; clauses 3.2 to 3.4 and 4.3 apply from then. Until then, we prepare the work from documents you send us.

1. What we do, and what you do

1.1 Our system builds your tenders and claims with the assistance of AI. We collect and hold the documents you send, our system puts the tender or claim together and checks it against your contract, and we give you the finished pack to download.

1.2 You check it and you submit it. Every tender and claim goes out under your name, from you. We never lodge, submit or send anything to your client or a buyer on your behalf, and we don't hold or manage your deadlines. Our reminders are a help, not a promise to meet a deadline for you.

1.3 Anything our system isn't sure of is flagged for you. Before you submit, you confirm the flagged items and check that the pack is complete and correct. You sign every statement your contract or the law requires.

1.4 We don't give legal advice. Where our output says to get legal advice, please do. For a dispute, adjudication or recovery action, use a lawyer or an adjudication specialist.

1.5 Get Paid Check. We check one payment claim and deliver within 5 working days of receiving everything we need. Anything we say about the Construction Contracts Act 2002, including a next-steps sheet, is information, not legal advice. We never act for you, or represent you, in adjudication or in court.

1.6 Our free tools and guides (the deadline checker, claim builder, retention calculator, guides and templates) are information, not legal advice. They run in your browser and we don't receive what you type into them. Check their results against your contract before you rely on them.

2. What you give us

2.1 You send accurate documents you're entitled to share: contracts, invoices, timesheets, dockets, photos, approvals and similar.

2.2 You're responsible for the accuracy of what you supply. We're responsible for doing our part with reasonable care and skill.

2.3 You keep ownership of your documents and of everything we produce for you (your tender answers, your claims, your reports). You can reuse them however you like.

3. Prices and payment

3.1 Every amount you could ever pay is in our price table, shown before you buy. That covers band prices and how bands are set, set-up fees, monthly and term rates, discounts, variation fees and the band top-up rule. Nothing that costs money lives only in these terms.

3.2 Your band is set by the highest of the buyer's published estimate, the price you tender, or, if neither exists, our scope-based default. You confirm your tendered price at checkout.

3.3 Top-up. If the contract you sign, or the price you tendered, falls in a higher band than you paid for, the difference between the two band prices is payable before claims set-up. We'll show you the figure and where it came from. If you think it's wrong, send us documents and a person will review it. Growth in the contract after award is not a tender top-up.

3.4 One tender. A tender pack covers one buyer tender reference, the rounds of revisions set out in your quote, and addendum updates until closing.

3.5 Variations are priced from the price table by the variation's claimed value. You approve the fee before we start.

3.6 Prices are in New Zealand dollars, as the price table shows. Prices exclude GST. If we're registered for GST when we invoice you, GST at the current rate (15%) is added and shown on the invoice.

3.7 How you pay. Invoice and bank transfer for now; card payments later. For Get Paid Check, we invoice after we deliver. Monthly plans are invoiced in advance on the 1st of each month and are due on the 20th of that month. One-off checks are invoiced after delivery and are due on the 20th of the following month. When your own clients pay you doesn't change our due date. Your monthly price is held for 12 months from your start date. After that, any rise comes with 30 days' notice, and you can cancel at the end of any month. Early access plans aren't charged until your project is set up. A plan starts the day your project does: the days to the end of that month are charged by the day on your first invoice.

3.8 AI is included in your plan. AI evidence checks and questions are included, within a fair monthly limit for each project. If a project reaches it, the AI pauses until the 1st of the next month. A business's first 30 days have a smaller limit across its projects; if that's reached, the AI pauses until the 30 days end. The AI comes with a plan, so it isn't available on a project with none. Nothing extra is charged, and the rest of the app keeps working.

3.9 The Project plan goes by contract value (approved by Boss, 2 Nov 2026). Its monthly price, and how many people it includes, depend on the contract value you enter, excluding GST, using the bands in our price table. Your whole team is included, with no charge per person, up to your band's limit; subcontractors you invite join free and count towards it.

4. Term plans, cancelling and refunds

4.1 Month to month by default. You can cancel any time; the cancellation takes effect at the end of the month you've paid for.

4.1A The 30-day promise. If you leave within 30 days of your first plan starting, your first invoice is cancelled, anything you've paid on it is refunded, and nothing more is charged. Thirty days runs to the end of the thirtieth day after the day you started, New Zealand time. Leaving means no plan on any of your projects. This applies once per business. If you start a plan again in the same month, the invoice stands again.

4.2 Term plan (optional). Commit for your contract's term and pay the lower monthly rate. If you leave early, you repay only the discount you've had so far. There's no charge if your construction or service contract ends or is terminated, if we breach these terms, if we change the price or terms, or if your band rises. After the term, it continues month to month. We'll remind you 30 days before the term ends.

4.3 Won-contract discount. If you load a contract you won with a Black Creek tender pack, your monthly claims fee drops each month until the reductions add up to your tender fee. The amount and the number of months are shown on your quote. It has no cash value and applies while you subscribe. It can't be combined with a term-plan repayment on the same contract.

4.4 Yearly check. Once a year, on your anniversary, we compare your claimed totals with the band thresholds. Your band can go down or up. If it goes up, you get 30 days' notice and can cancel without any exit charge.

4.5 Refunds. Fees aren't refunded because a tender doesn't win or a client disputes a claim. If we don't deliver what you paid for by the agreed time, or we cancel, we'll redo it or refund the part not delivered. The set-up fee is refunded (or the unused part) if we can't complete set-up through no fault of yours.

5. Your documents and your privacy

5.1 Documents you send are moved off the upload link and sealed (encrypted) in a job folder on our system as soon as we receive them. They're never mixed with another customer's.

5.2 Each job has its own upload link, shared only with you. We remove it, and delete the copies in it, when the job ends.

5.3 Export and deletion. You can ask for a full export of your documents and outputs at any time. When you close a project, it becomes read-only straight away and its plan stops from the next 1st. Thirty days later we delete everything in it: records, documents, photos, reports and its log. Until then you can export it or reopen it. Our backups age out within a further 30 days. We keep only what the law requires us to keep (for example, our own invoices to you).

5.3A Duplicate checks. To stop anything being claimed twice, we keep a register of the items you've claimed through us (fingerprints and key details, not the documents), compared only with your own claims. It's deleted with your other data under clause 5.3.

5.4 Our Privacy Statement explains how we handle personal information, including the services we use to provide ours.

5.5 We keep your information confidential. We only share it with the services we need to run ours (listed in the Privacy Statement), or where the law requires.

5.6 Our people can't see your projects. You set up your project and control who is on it. Someone from Black Creek sees a project only if you add them to it, and only until you remove them. Everyone who works for us, staff or contractor, signs a confidentiality agreement before they can be added to a customer's project, and it continues after they leave us.

6. Liability (the same rules for both of us)

6.1 Each party's total liability to the other under these terms is capped at the greater of the fees you paid in the 12 months before the event and a fixed sum, which we'll publish here once our professional indemnity cover is in place.

6.2 Neither party is liable for the other's indirect or consequential loss, such as lost profit or lost opportunity.

6.3 The cap in 6.1 doesn't apply to fraud, wilful misconduct, or a breach of confidentiality or privacy.

6.4 Australian customers: where the Australian Consumer Law gives you guarantees that can't be excluded, our liability for failing to meet them is limited, to the extent the law allows, to supplying the service again or paying for it to be supplied again.

6.5 Nothing in these terms limits rights you have under the Fair Trading Act 1986 or the Australian Consumer Law that can't be limited.

7. Changes to these terms

7.1 We'll give you at least 30 days' notice by email of any change that affects you. If you don't agree, you can cancel without any exit charge before the change takes effect.

8. Ending the service

8.1 Either of us can end the service on 30 days' notice, or straight away if the other seriously breaches these terms and doesn't fix it within 14 days of being asked.

8.2 When the service ends, clause 5.3 applies to your documents, and anything you've already paid for and we haven't delivered is refunded.

9. General

9.1 These terms are governed by New Zealand law.

9.2 If there's a disagreement, we'll both try to sort it out in good faith first. Contact us at hello@blackcreek.co.nz.