(Applies to all past and future work for this website. By paying an invoice, activating a Stripe payment link, or continuing to use our services, you agree to these terms.)
We may provide design, development, hosting, maintenance, content changes, technical support, and related services for your website.
You’re responsible for the accuracy, legality, and ownership of all content you supply.
You’ll ensure the website’s use complies with applicable laws (including copyright, privacy, and consumer law).
You’ll keep all logins and sensitive information secure and notify us promptly of suspected compromise.
Ownership of the site: Upon full payment, you own the website files, code, layouts, and designs we create specifically for you, and all content you supplied.
Pre-existing IP: We retain ownership of any pre-existing materials, libraries, frameworks, or code snippets we bring to the project. We grant you a perpetual, non-exclusive, non-transferable licence to use those components as part of your website only.
Third-party plugins/themes: Any plugins, themes, or similar tools provided under our developer/agency licences do not transfer to you. If our services end, you must obtain your own licences to continue receiving updates/support for those tools. On request, we’ll provide a list of such items used in your site.
No resale: You may not resell, sub-licence, or reuse our work in other projects without our written consent.
Portfolio use: Unless you tell us otherwise in writing, we may display your project (non-confidential elements) in our portfolio and marketing.
You warrant you have the rights to all content you provide and that it doesn’t infringe others’ rights or breach law. You’ll promptly remove or replace content we reasonably believe is unlawful or infringing.
We take reasonable care and follow good practice, but no website can be guaranteed error-free, uninterrupted, or completely secure.
We’re not liable for issues caused by your changes, third-party updates, expired licences, hosting incidents, or force majeure.
If we provide backups: they’re taken on a reasonable schedule and retained for a limited period. Restores and emergency work may be chargeable. Backups can’t guarantee recovery of every change.
Unless a separate Service Level Agreement is agreed, support is provided on a reasonable-endeavours basis during business hours. Critical incidents are prioritised at our discretion. Urgent/out-of-hours work may attract higher rates.
Your website may rely on external providers (e.g., hosting infrastructure, domain registrars, CDN, payment gateways, email services, plugins/themes). We’re not responsible for their uptime, pricing, policies, data loss, or defects. Any remediation or liaison with those providers may be billed.
Change requests outside the agreed scope are billed at our then-current rates.
30-day defect warranty: for bugs in the originally agreed scope from go-live/hand-over. It excludes new features, third-party updates, conflicts introduced by others, or issues from unlicensed/expired tools.
Fees are as quoted or at our then-current rates. Hosting/maintenance are typically billed monthly in advance.
Invoices are due by the stated date. We may suspend services (including hosting) for overdue accounts after notice.
Reconnection, migration, or restore work may be billed. You remain liable for accrued fees during suspension.
Either party may terminate with 30 days’ written notice. We may terminate immediately for material breach, unlawful activity, or risk to infrastructure/security.
On termination and upon payment of all amounts owing, we can provide a copy of your site “as is” (files and database export) if requested within 14 days.
Excluded from handover: our developer/agency licences, any third-party licences we purchased under our accounts, and our internal tools/scripts/documentation. If you want ongoing updates/support for third-party items, you’ll need your own licences.
Migration assistance beyond providing a copy may be billed.
Each party will comply with the Privacy Act 2020. You are the “agency/controller” for personal information collected via your site; we act as your service provider/processor.
We will process personal information only on your reasonable instructions, implement reasonable security measures, and notify you without undue delay of any notifiable privacy breach we become aware of.
You are responsible for your site’s privacy notices, cookie banners, and consents.
You will not use the site to host or transmit unlawful content, spam/malware, or anything that unreasonably burdens or attacks infrastructure. We may remove or disable access to material we reasonably consider harmful or unlawful.
You indemnify us against claims, losses, costs, and liabilities arising from: (a) your content or misuse of the site; (b) your breach of law or these terms; (c) third-party claims alleging your content or use infringes rights or is unlawful.
To the maximum extent permitted by law:
We are not liable for indirect, incidental, special, or consequential loss, including loss of profit, revenue, business, or data.
Our total aggregate liability for all claims is limited to the total amount paid by you to us in the 1 month prior to the event giving rise to the claim.
Nothing in these terms limits rights you can’t contract out of under the Consumer Guarantees Act 1993 (CGA) where it applies and you are not acquiring our services for business purposes.
If you are acquiring our services for business purposes, you agree the CGA does not apply.
To the extent permitted and where both parties are in trade, the parties agree to contract out of sections 9, 12A, and 13 of the Fair Trading Act 1986 to the extent permitted by law.
We’re not liable for delays or failures caused by events beyond our reasonable control (e.g., outages, DDoS, supply-chain failures, natural disasters, strikes).
We may use subcontractors and remain responsible for their work performed for you under these terms.
Notices may be given by email to the last known addresses. They’re deemed received on transmission unless a bounce-back is received.
We can update these terms by notice. Continued use after notice constitutes acceptance. Materially adverse changes to existing paid hosting/maintenance will take effect at the start of your next billing period.
If any part is invalid, the rest remains effective. These terms (plus any signed proposal/statement of work) are the entire agreement for the services described and replace prior understandings.
These terms are governed by New Zealand law. Disputes should first be discussed in good faith by senior representatives. If unresolved within 20 business days, either party may refer the dispute to mediation (AMINZ) before court proceedings. The New Zealand courts have exclusive jurisdiction.
