How we sell, deliver, and stand behind our products.

Effective: 17 July 2026

1. About these Terms

These Terms and Conditions (“Terms”) set out the basis on which Custodi Limited (NZBN 9429052624858, “Custodi”, “we”, “us” or “our”) supplies products, software licences, and related services to customers. They apply to every order placed with Custodi through custodi.co.nz, by email, by purchase order, or by any other means.
Custodi is a specialist New Zealand reseller of digital forensics software, RF shielding hardware, and law-enforcement equipment. Certain products are supplied under a licence granted directly by the software publisher to the end user under a vendor End User Licence Agreement (“Vendor EULA”). Where a Vendor EULA applies, it governs the use of that software and prevails over these Terms in relation to that use.

These Terms operate together with our Privacy Policy, any written quotation or order acknowledgement we issue, and any applicable Vendor EULA. If there is inconsistency between these Terms and a Vendor EULA in relation to the use of licensed software, the Vendor EULA applies.

We may update these Terms from time to time. The version in effect at the date of your order is the version that applies to that order. The current version is available at custodi.co.nz.

2. Definitions

In these Terms:

• Business Customer means a person or entity acquiring Products for the purposes of a business, including any Governmental, law enforcement, defence, or corporate procurement entity, whether or not the person separately meets the definition of a “consumer” under the Consumer Guarantees Act 1993.
• CGA means the Consumer Guarantees Act 1993.
• Consumer means a person acquiring Products of a kind ordinarily acquired for personal, domestic, or household use or consumption, and who is not acquiring the Products for the purpose of resupply or for use in trade.
• Custodi means Custodi Limited (NZBN 9429052624858), a company incorporated in New Zealand.
• Delivery Address means the physical address in New Zealand or the Pacific Islands (as applicable) to which you have asked Custodi to deliver Products.
• Hardware means physical goods supplied by Custodi, including RF shielding equipment, Faraday enclosures, forensic acquisition hardware, and any accessories.
• Order means a request placed by you to purchase Products, whether through custodi.co.nz, by email, by purchase order, or by any other means we accept.
• Products means Hardware, Software Licences, or any other item or service supplied by Custodi.
• Software Licence means a licence to use software published by a third-party vendor (including but not limited to Belkasoft, Detego, MSAB, Mission Darkness, and OffGrid) and supplied through Custodi.
• Territory means New Zealand and the Pacific Islands, subject in each case to any vendor-imposed geographic restriction stated in the relevant Vendor EULA or order acknowledgement.
• Terms means these Terms and Conditions, as updated from time to time.
• Vendor means the third-party publisher, manufacturer, or licensor of any Software Licence or Hardware supplied by Custodi (for example, Belkasoft OU, Detego Global Limited, MSAB AB, MOS Equipment Corporation, and EDEC (OffGrid)).
• Vendor EULA means the End User Licence Agreement, terms of use, or similar end-user contract of a Vendor that governs the use of Software Licences or Hardware supplied by Custodi.

3. Acceptance and scope

By placing an Order with Custodi, you confirm that you have read, understood, and accepted these Terms and (in relation to Software Licences) the applicable Vendor EULA. If you do not accept these Terms or the applicable Vendor EULA, you must not place the Order.
Where you are placing an Order on behalf of a business, government agency, or other entity, you confirm that you have authority to bind that entity to these Terms and to the applicable Vendor EULA.

You must be legally capable of entering into a binding contract in New Zealand to place an Order. Contracts with minors are governed by the Contract and Commercial Law Act 2017 and are enforceable subject to that Act. Custodi reserves the right to decline any Order where it reasonably considers that the person placing it does not have capacity to bind themselves or the entity they purport to represent.

An Order is not accepted, and no contract of sale is formed, until Custodi issues a written order acknowledgement to you or dispatches the Products, whichever occurs first. Where an Order includes a Software Licence subject to end-user certification (see section 10), no contract is formed until the required certification has been received and accepted by Custodi and the Vendor.

4. Ordering, pricing, and GST

All prices displayed on custodi.co.nz and in written quotations are quoted in New Zealand Dollars (NZD). Unless expressly stated otherwise, prices are inclusive of New Zealand Goods and Services Tax (GST) at the prevailing rate.

Written quotations issued by Custodi are valid for 30 days from the date of issue unless stated otherwise on the quotation.

We reserve the right to correct pricing errors at any time before an Order is accepted. If a pricing error is discovered after an Order has been accepted, we will contact you to confirm whether you wish to proceed at the corrected price or cancel the Order for a full refund.

Where an Order is placed for a Software Licence, the price quoted covers the licence for the initial term stated on the quotation only. Renewal, extension, or expansion of a Software Licence is at the Vendor’s prevailing pricing at the time of renewal.

5. Payment

Custodi accepts payment by the methods displayed at checkout on custodi.co.nz, and by direct bank transfer or such other method as we agree in writing for account customers (typically Business Customers and government entities).

Card payments are processed by Stripe. Custodi does not receive, store, or process card details on its own systems. Buy-now-pay-later payments are processed by Afterpay, subject to Afterpay’s own terms and eligibility criteria.

For Orders paid by direct bank transfer or purchase order, Products are not dispatched until cleared funds have been received, or unless we have agreed in writing to supply on credit terms. For Business Customers with agreed credit terms, invoices are payable within the period stated on the invoice, and interest may be charged on overdue amounts at the rate stated on the invoice or, if none, at 1.5% per month.

You must not initiate a chargeback or reversal of a payment in circumstances where you have received the Products or Software Licence and no fault of the kind covered by section 9 or by the CGA has occurred. Any wrongful chargeback is a breach of these Terms and Custodi reserves its rights to recover the amount charged back together with any related costs.

6. Delivery

Physical Products are dispatched from our facility at Roxburgh, Central Otago, New Zealand. We aim to dispatch orders within 1 to 3 business days of Order acceptance. For urban New Zealand delivery, courier transit is typically 2 to 3 business days. Rural New Zealand delivery adds 1 to 2 business days. Overnight delivery is not offered.
Delivery timeframes are estimates only. Custodi is not liable for delay caused by the courier, by circumstances outside its reasonable control, or by incomplete or incorrect information provided by you (including an incorrect Delivery Address).

Software Licences are delivered by electronic means (licence key, download link, or portal invitation) to the email address you provided at the time of Order, typically within one business day of Order acceptance. Some Software Licences require you to complete Vendor onboarding, End-Use Certification, or portal registration before the licence key is released.

Risk in physical Products passes to you at the point the Products are delivered to the Delivery Address or, where you have arranged your own uplift, at the point the Products leave Custodi’s facility. Title in physical Products passes to you upon receipt by Custodi of full payment.

7. Consumer Guarantees Act 1993: Consumers

If you are a Consumer as defined in the CGA, you have statutory rights under the CGA that cannot be excluded or limited by these Terms. Nothing in these Terms limits any right or remedy you may have under the CGA or the Fair Trading Act 1986.

The guarantees available under the CGA to Consumers include, without limitation, guarantees as to acceptable quality, fitness for particular purpose, description, price where no price has been agreed, and compliance with sample or demonstration model. These guarantees apply in addition to any warranty provided by a Vendor and any additional warranty or support offered by Custodi.

If you consider that a Product does not comply with a guarantee under the CGA, please contact us at sales@custodi.co.nz with details of the Order and the issue. We will assess the issue and, where a CGA guarantee has been breached, work with you and (where applicable) the Vendor to provide the remedy required by the CGA, which may include repair, replacement, or a refund.

8. Business Customers: CGA does not apply

Where a Product is acquired by a Business Customer for the purpose of a business, the Consumer Guarantees Act 1993 does not apply to that supply, and the parties agree to contract out of the CGA to the maximum extent permitted by section 43 of the CGA.

To the maximum extent permitted by law, and subject to any warranty expressly provided by the Vendor under the applicable Vendor EULA, all warranties, conditions, and representations that would otherwise apply to the supply of Products to a Business Customer are excluded. This includes any implied warranty as to merchantability, fitness for a particular purpose, satisfactory quality, freedom from defects, non-infringement, or accuracy of information.

This clause applies whether or not a purchase order or other Business Customer procurement document contains contrary terms. In the event of inconsistency between these Terms and a Business Customer’s purchase order or standard procurement terms, these Terms and the applicable Vendor EULA prevail unless Custodi has expressly agreed in writing to the Business Customer’s terms.

9. Returns, defects, and warranty

9.1 Change-of-mind returns.

Custodi does not accept change-of-mind returns for Software Licences (which are non-refundable once issued) or for opened Hardware.

We do not offer refunds or exchanges if you change your mind, so please choose your product/s carefully. This policy does not affect your rights under the Consumer Guarantees Act.

9.2 Faulty on arrival.

If a Hardware Product is faulty on arrival, please contact us at sales@custodi.co.nz within 7 days of delivery. We will arrange for the Product to be assessed and, where the fault is confirmed, provide a repair, replacement, or refund in accordance with the CGA (for Consumers) or the applicable Vendor warranty (for Business Customers).

9.3 Manufacturer warranty pass-through.

Hardware is supplied with the warranty (if any) provided by the original manufacturer. Custodi does not provide any additional warranty on Hardware beyond the remaining manufacturer warranty period. Custodi will assist with warranty claims to the manufacturer where reasonable but is not the warrantor.

9.4 Software.

Software Licences are supplied under the applicable Vendor EULA. Warranty and support for the Software are provided by the Vendor under that Vendor EULA. Custodi does not provide any warranty in its own name in respect of Software Licences.

9.5 Beta and evaluation licences.

Where Custodi supplies a beta, trial, or evaluation Software Licence, the licence is provided on an “as is” basis with no warranty of any kind. Beta and evaluation licences are time-limited and may be terminated by the Vendor at any time in accordance with the applicable Vendor EULA.

10. Software licences and Vendor EULAs

Every Software Licence supplied by Custodi is subject to a Vendor EULA. By placing an Order for a Software Licence, you agree that:

• the use of the Software is governed by the applicable Vendor EULA, a copy of or link to which is available on request and included with the licence key, order acknowledgement, or Vendor portal;
• the Vendor EULA prevails over these Terms in relation to the use of the Software;
• the Software Licence is a licence to use, not a sale of the Software. All intellectual property in the Software remains with the Vendor;
• the Software Licence is not transferable, assignable, or sub-licensable without the Vendor’s prior written consent;
• you will not (and will not permit any third party to) reverse engineer, decompile, disassemble, translate, adapt, modify, or create derivative works of the Software, except to the extent expressly permitted by the Vendor EULA or by applicable law that cannot be excluded;
• you will not use the Software for any performance benchmarking, competitive analysis, or comparison testing without the prior written consent of the Vendor;
• you will not remove or alter any copyright, trademark, or proprietary notice on the Software or its documentation;
• for law-enforcement, government, or forensic customers, you may be required by the Vendor to complete an End-Use Certification, End-User Statement, or portal registration before the Software Licence is issued. Custodi will provide the required forms with the order acknowledgement.

11. Export controls and end-user restrictions

Products are supplied for use within the Territory. Onward export, re-export, or transfer of Products outside the Territory requires the prior written consent of Custodi and the applicable Vendor, and may require an export licence or other regulatory approval in New Zealand or the destination country.
You must comply with all applicable export controls, sanctions, and trade restrictions, including without limitation the Customs and Excise Act 2018 (NZ), the United Nations Sanctions Act 1946 (NZ), and any sanctions regime administered by the Government of New Zealand, the European Union, the United Kingdom, or the United States that applies to the Products.

Without limiting the foregoing, you must not:

• re-export, transfer, or make available any Product to any person or entity in the Russian Federation or the Republic of Belarus, in accordance with EU Regulation 833/2014 (Article 12g) and EU Regulation 765/2006 (Article 8g);
• supply any Product to any person or entity subject to United Nations, New Zealand, European Union, United Kingdom, or United States sanctions or restrictive measures;
• use or supply any Product in connection with the design, development, production, storage, use, or delivery of nuclear, chemical, or biological weapons, or missiles capable of delivering such weapons;
• use any Product for any purpose that is unlawful in New Zealand or the country of use.

Custodi reserves the right to refuse or delay supply of any Product, or to terminate any Software Licence, where it or the applicable Vendor reasonably suspects that this section 11 has been breached.

12. Intellectual property

All intellectual property in the Products, including without limitation software, firmware, documentation, trademarks, and trade names, remains the property of the Vendor or the original licensor. You acquire no right, title, or interest in that intellectual property other than the right to use the Product in accordance with these Terms and the applicable Vendor EULA.

You must not remove, alter, or obscure any copyright, trademark, patent, or other proprietary notice on any Product, its packaging, or its documentation.
You must not use any Custodi or Vendor trademark, trade name, or logo without the prior written consent of Custodi or the applicable Vendor.

13. Confidentiality

Where Custodi provides you with any pre-release, beta, evaluation, or demonstration Product, information regarding a Vendor’s roadmap, or any other information marked or described as confidential, you must treat that information as confidential. You may not disclose, reproduce, or use that information other than for the purpose for which it was provided, and you must return or destroy it on request.

This clause does not apply to information that is or becomes publicly available otherwise than through your breach of these Terms, or that you are required to disclose by law or by binding order of a court, tribunal, or government agency.

14. Limitation of liability

For Consumers: nothing in this section 14 limits any right or remedy you have under the CGA or the Fair Trading Act 1986.

For Business Customers: to the maximum extent permitted by law, Custodi’s total aggregate liability arising out of or in connection with the supply of any Product (whether in contract, tort (including negligence), under statute, in equity, or otherwise) is limited to the amount you actually paid to Custodi for the Product giving rise to the claim.

To the maximum extent permitted by law, Custodi is not liable to any Business Customer for any indirect, consequential, incidental, special, punitive, or exemplary loss or damage, including without limitation loss of profits, loss of revenue, loss of business, loss of goodwill, loss of data, business interruption, or loss of anticipated savings, arising out of or in connection with the supply of any Product, even if Custodi has been advised of the possibility of that loss or damage.

The limitations in this section 14 apply to the maximum extent permitted by law and do not exclude or limit any liability that cannot lawfully be excluded or limited.

15. Indemnity

You indemnify Custodi (and, where relevant, the applicable Vendor) against all loss, damage, cost, and expense (including legal costs on a solicitor-client basis) suffered or incurred by Custodi arising out of or in connection with:

• your breach of these Terms or any applicable Vendor EULA;
• your use of any Product otherwise than in accordance with these Terms, the applicable Vendor EULA, and any user documentation;
• your breach of any applicable export control, sanctions, or trade restriction (see section 11);
• any claim by a third party arising out of your use of any Product.

This section 15 does not apply to Consumers to the extent that its application would be inconsistent with the CGA or any other law that cannot be excluded.

16. Termination and continuity of supply

Custodi may suspend or terminate the supply of any Product to you, and any Software Licence issued through Custodi, if you materially breach these Terms or the applicable Vendor EULA and (where the breach is capable of remedy) fail to remedy the breach within 14 days of written notice from Custodi.

If Custodi ceases to be an authorised reseller of a Vendor’s Products, the following applies to Software Licences already issued to you through Custodi:

• any Software Licence you have already been issued remains valid in accordance with its terms and the applicable Vendor EULA;
• any support, updates, or renewal services that you have prepaid will continue to be provided by the Vendor for the prepaid period, in accordance with the applicable Vendor arrangement;
• the Vendor may take over direct support and account management for your Software Licence. You consent to Custodi transferring your contact and licence details to the Vendor for this purpose (see also our Privacy Policy).

17. Force majeure

Custodi is not liable for any failure or delay in performing its obligations under these Terms to the extent that the failure or delay is caused by circumstances outside its reasonable control, including without limitation acts of God, natural disasters, pandemic, war, civil unrest, industrial action, cyberattack, failure of telecommunications or internet infrastructure, failure of a Vendor, or action of any government or regulator.

If such circumstances continue for more than 60 days, either party may terminate the affected Order by written notice to the other, in which case Custodi will refund any amount you have paid for undelivered Products, less any reasonable cost incurred by Custodi.

18. Privacy

Custodi handles personal information in accordance with the Privacy Act 2020 and the Information Privacy Principles set out in that Act. Our Privacy Policy sets out how we collect, use, store, and disclose personal information, including the categories of sub-processors we use (such as Stripe, Afterpay, MailPoet, and Hostinger) and how you can exercise your rights of access and correction.

Where these Terms and the Privacy Policy address the same subject matter, the Privacy Policy prevails in relation to the handling of personal information.

19. Complaints and disputes

If you have a complaint or dispute in relation to a Product or these Terms, please contact us first at sales@custodi.co.nz. We will acknowledge your complaint within 5 business days and work with you in good faith to resolve it.

If we are unable to resolve your complaint, you may refer the dispute to the Disputes Tribunal (for claims within its jurisdiction), to the Ministry of Business, Innovation and Employment under the Fair Trading Act 1986, or to the Office of the Privacy Commissioner in relation to any privacy concern.

20. Governing law and jurisdiction

These Terms, and any Order or contract of sale formed under them, are governed by the laws of New Zealand. You submit to the exclusive jurisdiction of the courts of New Zealand in relation to any dispute arising out of or in connection with these Terms, subject to your rights under any consumer protection legislation.

The use of Software Licences is separately governed by the applicable Vendor EULA, which typically specifies its own governing law and dispute resolution forum (for example, Swedish law with Stockholm arbitration for MSAB Products; English law with English arbitration for Detego Products). To the extent of any inconsistency between this section 20 and the governing law of an applicable Vendor EULA in relation to the use of the Software, the Vendor EULA prevails.

21. Contact and entity information

These Terms are issued by Custodi Limited, a company incorporated in New Zealand.

• Custodi Limited
• NZBN 9429052624858
• Companies Office number 9319855
• Email: sales@custodi.co.nz
• Phone: +64 22 164 7956
• Post: Custodi Limited, 3 Ancrum Street, Roxburgh 9500