1. Definitions

In these Terms and Conditions:

• “Client” means any person, firm, company, or other entity that engages Webcastle NZ to provide Services.
• “Services” means the web design, web development, email marketing template design, digital graphic design (for social media, websites, or lead magnets), troubleshooting, website maintenance, Google Workspace setup, domain configurations, email or subdomain setup, landing page creation, platform integrations, and any other tech support services provided by Webcastle NZ to the Client.
• “Project” means a specific piece of work outlined in a Quote or Letter of Engagement, such as website design and development, graphic design projects, etc.
• “Quote” means a written quotation provided by Webcastle NZ to the Client outlining the scope of the Services and the associated fees.
• “Letter of Engagement” means a written agreement between Webcastle NZ and the Client that details the specific Services to be provided, timelines, and payment terms.
• “Commencement Date” means the date on which Webcastle NZ begins providing the Services, which is typically upon receipt of the deposit or full upfront payment (as applicable).
• “Completion Date” means the date when the Services outlined in the Quote or Letter of Engagement are substantially completed.
• “Intellectual Property Rights” means all patents, rights to inventions, copyright and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.  

2. Engagement

2.1 These Terms and Conditions apply to all Services provided by Webcastle NZ to the Client. By accepting a Quote or signing a Letter of Engagement, the Client agrees to be bound by these Terms and Conditions.

2.2 The specific Services to be provided will be outlined in the Quote or Letter of Engagement. Any changes or additions to the scope of the Services must be agreed upon in writing by both parties and may be subject to additional charges.

3. Payment Terms

3.1 Project-Based Work: 

• A non-refundable deposit of 80% of the total quoted price is required before work commences. 
• The remaining 20% is due upon completion of the Project and before the final handover of files or website launch, unless otherwise agreed in writing.

3.2 Hourly-Based Packages: 

• Full payment is required prior to the commencement of the package hours.

3.3 Monthly Retainer Packages:

• Payment is due in advance on the 1st of each month (or as otherwise agreed in writing).

3.4 All payments shall be made in New Zealand Dollars (NZD) via the payment methods specified on the invoice.

3.5 Late Payment Penalties: Invoices not paid within 7 days will be considered overdue. Webcastle NZ reserves the right to charge interest on any overdue amount at a rate of 1% per month, calculated on a daily basis from the due date until the date of full payment. Webcastle NZ also reserves the right to suspend work on the Project or any other ongoing Services for the Client until all outstanding invoices, including any accrued interest, are paid.

4. Cancellations, Refunds, and Variations

4.1 Client Cancellation: If the Client cancels a Project after work has commenced, the initial deposit is non-refundable. Webcastle NZ reserves the right to invoice for any additional work completed beyond the deposit amount up to the point of cancellation, unless otherwise agreed upon in writing.

4.2 Cancellation by Webcastle NZ: Webcastle NZ reserves the right to cancel the provision of Services if the Client breaches these Terms and Conditions, fails to provide necessary information in a timely manner, or in other unforeseen circumstances. In such cases, Webcastle NZ will provide reasonable notice to the Client.

4.3 Refunds: Given the nature of the digital design and development services, refunds are generally not provided once work has commenced, particularly for the non-refundable deposit. Any requests for refunds will be considered on a case-by-case basis at the sole discretion of Webcastle NZ.

4.4 Variations/Out-of-Scope Work: Any requests for work that falls outside the scope of the original Quote or Letter of Engagement will be considered a variation. Webcastle NZ will provide a separate quotation for such additional work, and no out-of-scope work will commence without the Client’s written approval (e.g., via email). Additional work will be billed at $80 per hour, if applicable, or as per the new quotation.

5. Client Responsibilities

5.1 The Client agrees to provide Webcastle NZ with all necessary information, materials, and feedback required to complete the Services in a timely manner.

5.2 The Client is responsible for the accuracy and legality of all content provided for inclusion in the Project (e.g., text, images, logos).

5.3 The Client is responsible for obtaining any necessary licenses or permissions for the use of third-party materials included in the Project.

5.4 The Client is responsible for reviewing and approving all deliverables provided by Webcastle NZ in a timely manner.

5.5 The Client is responsible for the security and accuracy of any login credentials they provide to Webcastle NZ. While Webcastle NZ will take reasonable precautions to store these securely, Webcastle NZ is not liable for breaches that occur during the initial unsecured transmission of this information by the Client.

6. Delays and Project Abandonment

6.1 Any delays in the Project timeline caused by the Client’s failure to provide necessary information, feedback, or approvals in a timely manner may result in adjustments to the agreed-upon schedule and potentially additional costs.

6.2 If the Client is unresponsive or inactive for a period of thirty (30) days, despite a minimum of three (3) contact attempts via the Client’s nominated email address, the Project may be considered abandoned. In such cases, Webcastle NZ reserves the right to put the Project on hold, terminate the Project, (with any payments made up to that point being non-refundable), and/or Invoice for all work completed up to the point of abandonment, unless otherwise agreed upon in writing by both parties.

7. Intellectual Property

7.1 Upon full payment of all fees, the Client will own the final website design and development, email marketing templates, and digital graphic designs specifically created for the Project, excluding any third-party components (such as stock images, plugins, or themes licensed by Webcastle NZ or third parties). The Client is responsible for maintaining and paying for any ongoing licensing fees for third-party components required for the continued functionality of the Project after the Completion Date.

7.2 Webcastle NZ retains the right to showcase the completed Project in its portfolio and for promotional purposes, unless otherwise agreed in writing with the Client.

7.3 Any Intellectual Property Rights in materials provided by the Client remain the property of the Client.

8. Data Handling and Security

8.1 The Client acknowledges that in order to provide the Services, they may need to provide Webcastle NZ with access to certain platforms and systems, including login credentials.

8.2 Webcastle NZ will store client login credentials securely using encrypted tools such as LastPass and within its secure Google Workspace account. While reasonable measures are taken to protect this data, the Client acknowledges that no system is completely impenetrable, and Webcastle NZ cannot guarantee absolute security. Webcastle NZ is not liable for any data breaches that are not directly caused by its gross negligence.

8.3 Webcastle NZ will retain client login credentials and project-related data for the purpose of providing ongoing support and maintenance, unless otherwise requested by the Client (which may impact the ability to provide future support).

9. Confidentiality

9.1 Both the Client and Webcastle NZ (“the parties”) acknowledge that during the course of a Project, they may have access to information that is confidential to the other party (“Confidential Information”). Confidential Information includes, but is not limited to, business strategies, client lists, financial data, trade secrets, proprietary software or methods, and any login credentials provided by the Client.

9.2 Each party agrees to hold the other party’s Confidential Information in strict confidence, to take all reasonable precautions to protect it, and to only use such information for the purpose of fulfilling obligations under the relevant Quote or Letter of Engagement. Neither party shall disclose any Confidential Information to any third party without the prior written consent of the other.

9.3 The obligations of confidentiality in clause 9.2 will not apply to any information that is or becomes publicly available through no fault of the receiving party, is rightfully received from a third party without a duty of confidentiality, is independently developed by the receiving party without reference to the other party’s Confidential Information, or is required to be disclosed by law or court order.

9.4 The duty of confidentiality shall survive the completion or termination of the Project and remain in effect for a period of three (3) years from the Completion Date. Upon termination of the agreement or upon written request, each party agrees to promptly return or destroy all materials containing the other party’s Confidential Information.

10. Staging Environment and Data Removal

10.1 If Webcastle NZ provides a staging environment for the Project on its hosting services, this is for development and review purposes only.

10.2 Staging environments and associated data will be retained for a period of ninety (90) days after Project completion or final invoice, whichever occurs first.

10.3 After this retention period, all staging data will be permanently deleted and cannot be recovered.

10.4 It is the Client’s sole responsibility to ensure they have backed up any necessary data from the staging environment before the data removal period expires. Webcastle NZ is not liable for any loss or damage resulting from the permanent deletion of this data after the retention period.

10.5 Following the data removal period, the Project will be considered closed.

11. Limitation of Liability

11.1 To the maximum extent permitted by law, Webcastle NZ’s total liability to the Client for any loss or damage arising out of or in connection with the Services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the total fees paid by the Client to Webcastle NZ under the relevant Quote or Letter of Engagement.  

11.2 Webcastle NZ shall not be liable for any indirect, consequential, special, or exemplary damages, including but not limited to loss of profits, loss of business, or loss of data.

12. Consumer Guarantees Act 1993

12.1 The Client acknowledges that where the Services are being acquired for business purposes, the provisions of the Consumer Guarantees Act 1993 do not apply.

13. Governing Law and Jurisdiction

13.1 These Terms and Conditions shall be governed by and construed in accordance with the laws of New Zealand.  

13.2 Any disputes arising out of or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of New Zealand.  

14. Entire Agreement

14.1 These Terms and Conditions, together with the relevant Quote or Letter of Engagement, constitute the entire agreement between the parties and supersede all prior discussions, negotiations, and agreements, whether oral or written.  

15. Amendments

15.1 Webcastle NZ reserves the right to amend these Terms and Conditions from time to time. The latest version will be available on https://webcastle.co.nz/terms-and-conditions. Any changes will not apply retrospectively to existing projects unless mutually agreed in writing.