Terms

Using this website

You may use this website to learn about our services and contact us. Do not try to disrupt it, gain unauthorised access to it, or copy its content for commercial use without permission. The website is provided as it is, and we do not promise it will always be available or free of errors.

Quotes and engagements

We start work once you accept a written quote or statement of work, by email or signature. It sets out the scope, deliverables, timing and price. Work outside that scope is quoted separately before we do it.

Fees and payment

• Prices are in New Zealand dollars and exclude GST unless stated.
• Project work is usually invoiced 50 percent on acceptance and 50 percent on completion. Monthly services are invoiced in advance.
• Invoices are due within 14 days.
• We may pause work on accounts more than 30 days overdue, after giving notice.

Advertising spend

Advertising spend is paid by you directly to the platform, such as Google or Meta, on accounts registered to your business. Our fees are for managing the spend, not a share of it. Platforms set their own terms and prices, and we cannot guarantee results on platforms we do not control.

Intellectual property

• Your materials: you keep ownership of everything you give us, and you confirm you have the right to let us use it.
• Deliverables: once paid in full, you own the final deliverables we create for you, including designs, copy, code written for your project and footage.
• Our tools: we keep ownership of our pre-existing tools, code libraries and methods. Where they are part of a deliverable, you receive a permanent, non-exclusive licence to use them for that deliverable.
• Third-party items: fonts, stock pictures, music and software are licensed under their own terms, which we will pass on to you.
• Portfolio: we may show the work in our portfolio unless you ask us not to in writing.

Your part

Projects depend on timely feedback, content and access. If these are delayed, timelines move by the same amount, and extended delays may be quoted as additional work.

Confidentiality

Each of us will keep the other’s confidential information private and use it only for the engagement. This does not cover information that is already public or that the law requires us to disclose.

Consumer law

Our services are supplied for business purposes. If you are in trade and acquiring our services for the purposes of a business, you agree that the Consumer Guarantees Act 1993 does not apply, and that sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 do not apply, to the extent that it is fair and reasonable for you and us to agree to this. Nothing in these terms limits rights that cannot be excluded by law.

Limitation of liability

To the extent the law allows, our total liability arising from an engagement is limited to the fees you paid us for that engagement in the 12 months before the claim. We are not liable for indirect or consequential loss, including lost profit, lost data or loss caused by third-party platforms. Results from advertising and search depend on markets and platforms outside our control, and we do not guarantee specific rankings or returns.

Ending an engagement

Monthly services can be ended by either party with 30 days’ written notice. Project work can be ended in writing at any time; you pay for work done up to that point. On ending, we hand over the deliverables you have paid for and the access to accounts registered to you.

Disputes

If a dispute arises, we will first try to resolve it by talking directly within 10 working days. If that fails, either party may refer it to mediation in New Zealand before starting court proceedings, except where urgent relief is needed.

Governing law

These terms are governed by the laws of New Zealand, and the courts of New Zealand have exclusive jurisdiction.

Changes

We may update these terms. Changes do not affect an engagement already agreed unless both parties accept them in writing.