Terms and Conditions
These terms govern services provided by Transform Digital Limited (NZBN 9429048483926), including web design, graphic design, web development, hosting, and digital marketing.
Last updated: 3 January 2023
General terms
Engaging Transform Digital Limited constitutes acceptance of these terms. These terms, together with any written proposal, form the complete agreement unless modified in writing. Amendments require written confirmation from both parties.
Payment
- A non-refundable 50% deposit is required before a project starts, unless otherwise agreed.
- The remaining balance is due within 7 days of completion, unless an alternate payment plan is agreed.
- Payment is by bank transfer or agreed methods; the client bears any payment transfer costs.
- Late payments may incur a 5% late fee per month.
- Work may pause until payment is received, and deliverables are withheld until final payment is made.
Confidentiality
Both parties maintain confidentiality of proprietary or sensitive information. Information may be shared with subcontractors under confidentiality obligations. Confidentiality survives termination of the agreement.
Limitation of liability
Transform Digital Limited is not liable for indirect, incidental, or consequential damages. Liability is capped at the total fees paid for the specific project. We are not responsible for third-party platform issues.
Governing law
These terms are governed by New Zealand law. Disputes are resolved through good-faith discussion, then mediation or arbitration.
Web design and graphic design services
Services match the agreed project brief or quotation. Additional features or changes are billed separately and may extend timelines. Three rounds of revisions are included per deliverable; additional revisions are charged at $120/hour + GST. Revision requests must be made in writing within 7 days of delivery. Ownership of design files transfers after full payment, and the agency retains the right to showcase work in its portfolio unless prohibited in writing.
Web development services
Development includes front-end and back-end work, database integration, and specified functionality. Managed hosting, where included, covers WordPress updates, plugin updates, and security patches. The agency conducts functionality and performance testing; the client must review and approve within 7 days, after which later changes incur fees. The client provides all content, images, and brand assets in a timely manner, and delays may affect the timeline and incur charges. The client owns the website code and design upon full payment, while the agency retains its proprietary frameworks, plugins, and code libraries. The agency is not liable for issues arising from third-party modifications after delivery. Ongoing maintenance is available separately.
Digital marketing services
SEO services cover on-page and off-page optimisation, keyword research, content strategy, and reporting. Google Ads services cover setup, management, targeting, and optimisation. Social media advertising covers ad creation, audience targeting, management, and analysis. Performance reports are provided for agreed campaigns, and advertising budgets are billed separately unless explicitly stated. The agency ensures platform-policy compliance; the client is responsible for the regulatory compliance of their products and services and must approve advertising content before publication. We cannot guarantee specific outcomes (such as rankings, clicks, or sales) due to external factors.
Additional provisions
- All revisions and changes must be submitted in writing; major scope changes require a new agreement and fees.
- Either party may terminate with 30 days' written notice. The agency may terminate for client breach or unlawful activity.
- The agency is not liable for delays caused by events beyond its control (force majeure).
- The agency uses third-party tools and platforms and is not responsible for their downtime or changes.
- These terms may be updated periodically with client notification.
- The agency may display completed projects in its portfolio and marketing materials. Clients must notify us in writing before project finalisation to prevent a showcase, and explicit written permission is required for proprietary or sensitive materials.
Contact
For any questions about these terms, email [email protected].
QUESTIONS
Questions about these terms?
Get in touch if you need clarification before starting a project or campaign with Transform Digital.
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