These Terms & Conditions (“Terms”) set out the basis on which Digi-Elivare Ltd (“we”, “us”, “our”) provides digital marketing and related services to you (“Client”, “you”, “your”).
By engaging our services, you agree to these Terms.
1. Services
We provide a range of services including but not limited to:
Social media content creation & management
Branding & logo design
Website design & development
Paid advertising (e.g. Meta/Google)
Marketing automation
Consulting & strategy
Services will be described in your proposal, service agreement, or invoice.
2. Client Responsibilities
You agree to:
- Provide accurate, complete information promptly
- Give timely feedback and approvals
- Supply required content, access passwords, and assets
- Comply with third-party platform terms (e.g. Meta, Google)
Delays in providing required information may extend delivery timelines.
3. Payments
- Invoices are due within 7 days unless otherwise stated
- Work may pause if invoices are overdue
- Late payments may incur a late fee of up to 10% per month
- Third-party advertising/production costs (e.g. Meta ads, stock assets, plugins) are additional unless expressly quoted
- All pricing is in NZD unless stated otherwise
Ownership of final deliverables transfers only once full payment is received.
4. Refunds
As time and effort are invested from the start, payments are generally non-refundable.
Where no work has begun, partial refunds may be offered at our discretion.
5. Term & Termination
Services are provided on a month-to-month or fixed-term basis as agreed
Either party may end the agreement with 2 weeks’ written notice
We may terminate immediately for:
- Misuse of services
- Repeated late/non-payment
- Breach of confidentiality
Work completed up to the termination date will be invoiced and payable.
6. Delivery & Revisions
- Delivery timelines are estimates only
- Reasonable revisions are included unless otherwise stated
- Major revisions or scope changes may incur additional charges
7. Content & Intellectual Property
You warrant that all content/assets you supply are legally owned or licensed
Final approved deliverables become your property upon full payment
We retain ownership of:
- Drafts
- Working files
- Internal methodology and tools
We may display completed work in our portfolio unless you request otherwise in writing.
8. Confidentiality
Both parties agree to keep confidential all non-public business information received through the engagement.
We may, however, share work with approved contractors/partners for project delivery.
9. Data & Privacy
We comply with the Privacy Act 2020 (NZ).
Our handling of personal information is outlined in our Privacy Policy.
You are responsible for compliance when sharing customer data with us.
10. Third-Party Services & Platforms
We may use third-party platforms (e.g. Google, Meta, etc).
We are not responsible for:
- Outages
- Account issues
- Policy changes
- Platform decisions
Ad spend is controlled/funded by you unless specified otherwise.
11. Marketing & Advertising Results
We do not guarantee specific business outcomes, including:
- Sales or revenue increases
- Lead conversions
- Performance results
Digital performance depends on multiple factors beyond our control.
12. Liability
To the fullest extent permitted by law:
- We are not liable for indirect, incidental, or consequential loss
- Our total liability is limited to the amount you paid for the relevant services
You indemnify us against claims arising from:
- Your misuse of provided materials
- Unlawful content or data you provide
13. Portfolio / Publicity
Unless agreed otherwise, you grant us permission to showcase completed work for portfolio, marketing, and case-study purposes.
Client-sensitive data will never be disclosed.
14. Suspension of Service
We may pause services if:
- Payment is overdue
- You fail to provide required access/materials
- You breach these Terms
15. Force Majeure
We are not liable for delays or failure to deliver services due to events outside our control (e.g. natural disasters, network outages, illness).
16. Amendments
We may update these Terms occasionally.
Updated versions will be posted or emailed. Your continued use of services indicates acceptance.
17. Governing Law
These Terms are governed by the laws of New Zealand.
Any disputes will be handled in NZ jurisdiction.
18. Contact
For questions, please contact:
Digi-Elivare Ltd
Email: [email protected]
Last Updated: 06/11/2025