Website Service Terms and Conditions

These terms apply to the supply of website services by Tusk Digital Ltd ("Tusk Digital", "we", "us"), a company registered in New Zealand, to the client named in the invoice ("you"). By paying your invoice (or the first payment under an agreed payment plan) you accept these terms.

1. What the $699 website includes

The one-off fee of NZ$699 + GST covers:

1. One single-page website, built from the preview we showed you, with your business name, services, contact details, service area, and a click-to-call phone button.
2. One hour of minor changes before go-live. Minor changes means: text edits, swapping photos you supply, colour adjustments, and updating contact details or service lists. It does not mean new pages, new sections, booking systems, online payments, logo design, or writing substantial new content.
3. Registration of one standard .co.nz or .nz domain name, and the first 12 months of that domain, where the name you want is available at standard pricing.
4. Hosting of the website, with no monthly hosting charge.
5. Connection of the website to your Google Business Profile listing, where you give us the access needed to do it.

2. What costs extra

We will always tell you something is chargeable, and the price, before we do it. We will never invoice you for extra work you did not approve.

3. Payment

1. The full price, NZ$699 + GST, is payable before work on your final site begins.
2. If you cancel before we register your domain, we will refund your payment in full. Once the domain has been registered, NZ$350 + GST of your payment (covering the domain and setup work) is not refundable; the remainder is refundable up until the website goes live on your domain. Once the site is live, no refund is payable.
3. The website is connected to your domain, and ownership transfers to you, only when the full amount has been paid.
4. Payment plan: if paying in full up front is difficult, we can agree a payment plan in writing before work begins — typically two payments, or up to four monthly payments. Under a payment plan, the website goes live once at least NZ$350 + GST has been paid, and ownership transfers on the final payment. Clause 7 (unpaid accounts) applies to missed plan payments.
5. Invoices are payable by the methods stated on the invoice.

4. Your content

1. You confirm that any text, images, logos and other material you give us to use are yours to use, and do not infringe anyone else's rights.
2. Where we have drafted placeholder content for you (service descriptions, headings and similar), you are responsible for checking it is accurate for your business before go-live. Tell us anything that is wrong and we will fix it within the included changes hour.
3. We will not publish anything you tell us in writing to remove.

5. Ownership

1. On full payment, the website and its content belong to you.
2. Until full payment, the website, the design and the domain remain the property of Tusk Digital.
3. The domain is registered for your business. Once you have paid in full, you may ask us at any time to transfer the domain to your own registrar account, and we will do so at no charge beyond any registrar fees.
4. Tools, code libraries and processes we use to build sites remain ours.

6. Footer credit

The website includes a small "Website by Tusk Digital" credit link in the footer. You may ask us to remove it for a one-off fee of $100 + GST.

7. If you do not pay

If a payment plan instalment remains unpaid 14 days after its due date, or a domain renewal remains unpaid 14 days after its due date, we may take the website offline after giving you 7 days written notice. We will restore it promptly once payment is made. Domains that lapse through non-payment may become publicly available for anyone to register, which is outside our control.

8. What we do not promise

1. We do not promise a specific Google ranking, a specific number of visitors, calls or customers, or any particular business result.
2. We build the site to load quickly and work on mobile devices. Third party services (Google, hosting providers, domain registries, form services) are outside our control and we are not liable for their outages or changes.

9. Liability

1. To the maximum extent the law allows, our total liability to you in connection with the services is limited to the amount you have paid us for those services.
2. We are not liable for indirect or consequential loss, including lost revenue or lost profits.
3. You are acquiring these services in trade for business purposes. The parties agree that the Consumer Guarantees Act 1993 does not apply, and that this is fair and reasonable, as permitted by section 43 of that Act. Nothing in these terms limits rights you may have under the Fair Trading Act 1986 that cannot lawfully be excluded.

10. Cancellation

1. If you cancel before the domain is registered and work begins: full refund of everything you have paid.
2. If you cancel after the domain is registered but before go-live: refund of everything you have paid less NZ$350 + GST (the non-refundable domain and setup portion). On a payment plan, any unpaid instalments beyond that portion are cancelled.
3. Once the site is live on your domain, no refund is payable.
4. We may cancel and refund all amounts paid if we cannot deliver the service, or if you ask us to publish content that is unlawful, misleading or that we reasonably consider objectionable.

11. General

1. These terms are governed by New Zealand law, and the New Zealand courts have jurisdiction.
2. If any clause is found unenforceable, the rest still stand.
3. We may update these terms for future work; the version you accepted applies to work already ordered.

Tusk Digital Ltd
Tauranga, New Zealand
admin@tuskdigital.co.nz | 07 281 1245