Terms of Service

1.1 We provide digital marketing, advertising, branding, consulting, content creation, analytics, automation, and associated services as agreed in writing ("Services").

1.2 We may amend, update, or supplement the Services from time to time.

1.3 Any timeframes for delivery are estimates only unless expressly guaranteed in writing.

2.1 All engagements are subject to a minimum term of 12 months ("Initial Term").

2.2 If you terminate the agreement before the end of the Initial Term, Services will cease immediately, but you remain liable for all payments due until the end of the 12-month term.

2.3 After the Initial Term, the agreement continues on a month-to-month basis and may be cancelled at any time with 30 days' written notice.

2.4 No refunds are provided for partial months or unused Services unless required by law.

3.1 Fees are as outlined in our proposal, invoice, or written communication.

3.2 All fees are payable in advance unless stated otherwise.

3.3 Late payments may incur interest at 2% per month and may result in suspension of Services.

3.4 You are responsible for all taxes, exchange fees, and international payment charges.

5.1 We may use third-party tools, platforms, AI models, content generators, APIs, software, hosting providers, analytics platforms, and subcontractors ("Third-Party Services") to deliver the Services.

5.2 You acknowledge and agree that:

• Third-Party Services operate independently from us.
• We do not control their performance, outputs, availability, accuracy, reliability, or compliance.
• Although we use reasonable efforts and human review to sense-check information, we are not liable for errors, omissions, failures, or consequences of Third-Party Services.

5.3 Use of Third-Party Services may be subject to separate terms and privacy policies of those providers, and you agree to comply with such terms where required.

6.1 All pre-existing intellectual property owned by either party remains that party's property.

6.2 Upon full payment of all fees, we grant you a licence to use deliverables created for you for your internal business purposes.

6.3 We may use anonymised results or non-confidential work examples for marketing unless you request otherwise in writing.

7.1 International Clients: You acknowledge that data may be stored or processed in New Zealand or other locations where our providers operate.

7.2 Cross-Border Transfers: Where personal data is transferred across borders, you consent to such transfers and acknowledge your responsibility for ensuring the legality of transfers from your jurisdiction.

7.3 Your Role as Controller: To the extent you provide personal data to us, you remain the data controller. We act as your data processor.

7.4 You must ensure all data collection and use by you complies with laws in your jurisdiction.

8.1 To the maximum extent permitted by law, we exclude all liability for:

• Indirect, consequential, or economic losses
• Loss of profits, reputation, or data
• Third-Party Service failures, errors, interruptions, or inaccuracies
• Content approved by you or provided by you

8.2 Our total liability arising from this agreement is limited to the fees paid by you in the preceding three months.

8.3 Nothing in these Terms limits rights that cannot be excluded under the New Zealand Consumer Guarantees Act 1993 (if applicable).

17.1 These Terms are governed by New Zealand law.

17.2 Any dispute will first be addressed through good-faith negotiation.

17.3 If unresolved, disputes must be submitted to mediation in New Zealand, and failing that, to the exclusive jurisdiction of the New Zealand courts.