Terms of Service
Last updated: 2 November 2026
These terms cover your use of the Benchsmart website and the services we provide. By using the site or working with us, you agree to them. We've kept them as plain as we can.
Our services
We offer six services: the Performance Review, Performance Essentials, Performance Partner, the Site Audit, Training days and the Benchsmart Academy. The scope, price and timing of each are set out on our Services page or in the proposal we give you. Prices on this website include GST.
Working with us
A booking is confirmed once we've agreed the service in writing and you've accepted our proposal. Performance Essentials and Performance Partner each have a three-month minimum, then carry on month to month with 30 days' notice from either side.
Your trading data
We rely on the data you give us to do our work, and you confirm you're allowed to share it. We treat it as confidential, use it only to deliver your service, and look after it as set out in our Privacy Policy.
The Performance Review guarantee
If your Performance Review doesn't find at least $5,000 a year in profit opportunity, the Performance Review is free. This applies when:
you send us the 12 months of trading data we ask for, for each site, in a form we can use;
you complete the management questionnaire and the one-hour interview; and
you let us know you're claiming the guarantee within 14 days of your debrief.
"Profit opportunity" means the total yearly dollar value of the opportunities in your written report. The guarantee means we waive our fee for that Performance Review. It isn't a promise that you'll achieve those gains, because that depends on the actions you take.
What we can't promise
Our reports and advice are based on the data you give us and our professional judgement. We can't guarantee a particular financial result, because that depends on how you act on our recommendations and on things outside our control. Our advice isn't legal, accounting or tax advice.
Payment
Invoices are due by the date shown on the invoice. The Performance Review is a one-off fee, Performance Essentials and Performance Partner are billed monthly, the Site Audit is billed per site, and Training days are billed per day. Benchsmart Academy places are paid for when you buy them.
Our liability
As far as the law allows, our total liability for any claim connected with our services is limited to the fees you've paid us for the service the claim relates to. We're not liable for indirect or consequential loss. Nothing in these terms takes away any rights you have under the Consumer Guarantees Act or Fair Trading Act that can't be excluded.
Intellectual property
The reports, templates and materials we create for you remain ours until they're paid for in full. After that, you're free to use them within your own business. The content of this website remains ours.
Governing law
These terms are governed by New Zealand law, and New Zealand courts have jurisdiction.
Contact
James Melton, Benchsmart · workwithus@benchsmart.nz