Terms and Conditions of Service

These Terms and Conditions (“Agreement”) constitute a legally binding contract between the Client (“Client,” “You,” “Your”) and ElevateNZ (“Company,” “We,” “Us,” “Our”) with respect to the provisioning of web development, hosting, and associated digital services. By engaging with Our services, You hereby acknowledge, accept, and agree to be bound by the following provisions in full, without limitation or qualification.

1. Payment Obligations

• 1.1 Fees for services may include an upfront setup fee, a remaining setup balance, and recurring monthly fees, depending on the package selected. The upfront fee is due before work begins, and if applicable, the remaining setup balance is payable just prior to project launch and approval. Any recurring monthly fees, if applicable, will be billed as outlined in the chosen package or as agreed between the Company and the Client.
• 1.2 Non-payment, partial payment, late payment, chargebacks, or any failure to remit fees in accordance with the agreed billing schedule shall entitle the Company, at its sole discretion and without liability, to suspend, restrict, or permanently remove any services, deliverables, accounts, or content provided by the Company.
• 1.3 Reinstatement of services after suspension shall be subject to additional administrative and technical reactivation fees, which the Company may determine at its sole discretion.
• 1.4 The Company’s objective is to fully deliver all services and products purchased by the Client, including standard packages, custom packages, and any standalone or add-on services, in accordance with the agreed specifications. Non-refundability of payments does not affect the Company’s obligation to provide the agreed-upon services.

2. Scope of Services

• 2.1 The Company agrees to provide website setup, design, hosting, and ancillary features strictly in accordance with the package purchased.
• 2.2 For custom packages, the Company will provide only the features, design elements, and services explicitly selected by the Client. Any additional customisations, expansions, add-ons, modifications or services requested outside the scope of the purchased package or standalone service shall be considered additional services subject to supplemental fees.
• 2.3 The Company may also provide standalone services (such as AI-powered services, social media management, or other digital solutions) outside of standard or custom packages. These standalone services are billed separately and are subject to the same Terms as outlined in this Agreement.

3. Communications and Marketing

• 3.1 By entering into this Agreement, You expressly consent to receive electronic communications from the Company, including but not limited to: transactional emails, service updates, promotional content, offers regarding add-ons, upgrades, or enhancements, and other communications deemed reasonably necessary to the ongoing operation of the service.
• 3.2 Opting out of promotional communications does not exempt You from receiving essential service-related messages.

4. Client Responsibilities

• 4.1 The Client is responsible for providing all necessary resources, materials, accounts, access, equipment, or other items required for the Company to perform the services. This includes, but is not limited to, access to hosting, domain accounts, third-party software, or hardware needed for features. Failure to provide these items may result in project delays, additional fees, or inability for the Company to deliver the agreed-upon services.
• 4.2 You represent and warrant that all information supplied to the Company is accurate, complete, and up-to-date.
• 4.3 You agree not to utilise the website or services for unlawful, abusive, fraudulent, or otherwise unauthorised purposes.
• 4.4 You are solely responsible for the content, legality, and accuracy of all materials provided for integration into the website.

5. Termination and Suspension of Services

• 5.1 The Company may suspend, restrict, or terminate services immediately and without prior notice if You fail to comply with these Terms, including but not limited to payment obligations.
• 5.2 Upon termination, all rights granted to You under this Agreement shall cease, and the Company reserves the right to permanently delete or disable access to any services, deliverables, accounts, or content provided by Us.

6. Limitation of Liability

• 6.1 The Company shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from the use of or inability to use the services.
• 6.2 The Company is not responsible for issues caused by third-party services, software, plugins, APIs, or hosting providers used in connection with the project.
• 6.3 The Company does not guarantee uninterrupted access, error-free operation, or that all issues will be resolved.
• 6.4 The Company is not liable for loss, corruption, or inaccuracy of data, files, or content, whether hosted, submitted, or backed up. Clients should maintain their own copies.
• 6.5 The Company does not guarantee business outcomes, traffic, revenue, search rankings, or sales as a result of the services provided.
• 6.6 The Company is not liable for delays or failures caused by events beyond its reasonable control, including natural disasters, strikes, internet outages, or government actions.
• 6.7 The total liability of the Company, regardless of cause or theory of liability, shall not exceed the total amount paid by the Client for services within the three (3) months preceding the event giving rise to the claim.

7. Amendments

• 7.1 The Company reserves the right, at its sole discretion, to modify, amend, or replace any part of this Agreement at any time. Amendments will apply only to future services and not to ongoing projects.
• 7.2 Continued use of the services following such amendments constitutes acceptance of the revised Agreement in full.

8. Intellectual Property Rights

• 8.1 All design elements, code, graphics, and content created by the Company remain the sole property of the Company. The Client is granted a non-exclusive, non-transferable licence to access and use the website and related materials **for the duration of the service and in accordance with these Terms**.
• 8.2 Continued access to the website is contingent upon timely payment of all fees, including upfront project fees and any recurring monthly charges. Failure to pay may result in suspension or permanent removal of access without liability to the Company.
• 8.3 Third-party assets included in the website (e.g., plugins, fonts, stock images) remain subject to their original licences and terms. The Client is responsible for compliance with those terms.
• 8.4 Payment of upfront or recurring fees does not transfer ownership; ownership is retained by the Company until a separate buyout fee is paid. The Client may request full ownership of the website or service provided by the Company through a separate buyout fee, determined at the Company’s sole discretion. Until such a fee is paid, all rights remain with the Company.
• 8.5 The licence granted to the Client does not permit resale, redistribution, or sublicencing of the website or any of its components without prior written consent from the Company.

9. Third-Party Services & Licenses

• 9.1 The Company may use third-party services, software, or licences in the project. The Client is responsible for any additional fees associated with these third-party products, and third-party licences remain under the ownership of the original providers.

10. Maintenance & Support

• 10.1 Basic post-launch guidance and support, including management of text and images, is included for all packages. Any ongoing maintenance, security updates, or feature enhancements are only provided if purchased as part of a package or add-on service.

11. Refunds & Cancellations

• 11.1 All payments and any recurring fees, are non-refundable. By engaging the Company’s services, the Client acknowledges and agrees that no refunds will be issued. Non-refundability does not release the Company from its obligation to fully deliver the agreed-upon services. However, the Company may, at its sole discretion, provide partial or full refunds as goodwill in exceptional circumstances.

12. Governing Law & Jurisdiction

• 12.1 This Agreement shall be governed by the laws of New Zealand. Any disputes will be resolved in the courts of New Zealand.

By purchasing, subscribing, or otherwise engaging Our services, You affirm that You have read, understood, and agreed to be legally bound by the entirety of these Terms and Conditions, regardless of whether You have reviewed them in full.