Terms and Conditions

We provide custom websites, integrations, booking systems, automation, AI communication tools, messaging systems and related digital services.

Your accepted quote or written service agreement defines the services we will supply, the price, the deliverables and any specific conditions. A specific condition in that agreement takes priority over these general terms to the extent of any inconsistency.

You accept the agreement by approving the quote, instructing us to proceed after receiving these terms, or making the agreed payment. If you act for a business, you confirm that you have authority to enter into the agreement on its behalf.

We will complete the work described in the agreed scope. Features, integrations, content, revisions and deliverables are included only to the extent described in that scope.

If you request additional work or change the brief, we will explain any effect on cost and timing and obtain your approval before starting the additional work. Correcting our failure to meet the agreed scope is not an additional feature or chargeable revision.

We do not guarantee a particular search ranking, traffic level, number of enquiries, revenue or other commercial outcome unless expressly agreed in writing.

Every project is quoted individually. The price we quote you for the agreed work is the price you pay for that work. If the scope changes, we will quote the change before starting it.

All prices are in New Zealand dollars and are plus GST unless the quote expressly states otherwise. Quotes and invoices will show GST and any third-party charges separately.

Payment is required in advance unless we agree to a different payment schedule in writing. We may defer starting work until the required payment has cleared.

Any third-party expense (for example domains, hosting or paid software) must be identified in the applicable quote or agreement. We will not sign you up to a paid service without your approval.

Project timing depends on the agreed scope, your feedback, access to required accounts and the availability of third-party services. We will communicate expected timeframes and advise you of material delays.

You must provide the content, assets, access and approvals reasonably required for the project. If these are delayed, we may need to reschedule delivery. We will discuss any proposed additional cost before incurring it.

Before launch, we will give you a reasonable opportunity to review the agreed deliverables. You are responsible for checking business details, pricing, contact information and content you supply or approve. We remain responsible for delivering our work in accordance with the agreement.

We will seek your approval to launch or follow a launch instruction already agreed with you. A preview or demonstration does not by itself constitute approval to publish.

New content, redesigns, additional features and other post-launch changes are charged at a flat rate of $50 per hour plus GST unless included in your original agreement or quoted separately.

Before starting post-launch work we will give you an estimate of the time involved. You pay for time actually used, and we will obtain approval before exceeding an agreed spending limit.

Monitoring, backups, software updates, security maintenance and ongoing support are included only where expressly agreed. This does not limit our obligation to remedy defects for which we are responsible or any rights you have under applicable law.

If you wish to cancel a project before completion, notify us in writing as soon as possible. Subject to applicable law, you are responsible for work properly completed and reasonable, non-recoverable third-party costs that you approved before cancellation. We will provide an itemised account and return any prepaid amount exceeding those charges.

A change of mind after properly completed delivery does not, by itself, create a right to a refund. If work is faulty, incomplete or not supplied as agreed, contact us so we can assess and address the issue. Any remedy required by law remains available and is not subject to our discretion.

Any separately agreed ongoing service may be cancelled by written notice, subject to any cancellation period expressly agreed for that service. We will explain any approved third-party commitments that cannot be cancelled immediately.

Once the full agreed price has been paid, you own the custom website code and original deliverables we create specifically for your project, except for the pre-existing and third-party materials described below.

If you ever want to take your website elsewhere, just ask. We will export the code to a file and give it to you.

You retain ownership of content and materials you provide to us. You give us permission to use them as reasonably necessary to deliver the agreed services.

Third-party software, open-source components, fonts, stock media, platform services and other licensed materials remain subject to their respective ownership and licence terms. We cannot transfer rights we do not own.

We retain ownership of our pre-existing tools, reusable libraries, templates and general know-how. Where our pre-existing materials are incorporated into your paid deliverables, we grant you a perpetual, non-exclusive licence to use and modify them as part of those deliverables and to engage another provider to maintain them.

You may request the exported code for your fully paid website at any time and choose your own hosting provider. There is no requirement to keep using Scaled Solutions for future development or maintenance.

Domain registration, hosting, email services, paid software, API usage and other third-party costs are included only where the quote expressly says so. Any included period or usage allowance will be stated in the agreement.

Moving a website may require replacement services, configuration changes or migration work, particularly where it relies on a database, paid integration or a provider-specific feature. We will identify material dependencies and quote any requested migration work before starting.

On handover, we will provide the exported code and reasonable information needed to use it. Account transfers remain subject to the relevant provider's rules, and we cannot transfer shared accounts or licences that do not belong to you.

You agree to provide accurate information, respond to reasonable requests and ensure that you have permission to use all supplied content, images, logos, reviews and other materials.

You are responsible for your products and services, business claims, customer relationships and the legal notices and permissions required for your activities. We can help implement supplied requirements, but our development services do not constitute legal advice or a guarantee of regulatory compliance.

You must protect account credentials, manage access appropriately and promptly report suspected misuse or security incidents. These responsibilities do not remove our own obligations relating to the services we supply.

You must not use our services for unlawful activity, fraud, harassment, unauthorised access, malware, infringement of others' rights or unsolicited communications that breach applicable law.

We may suspend an affected service where reasonably necessary to address a material security risk, unlawful use or a serious breach. Where practical, we will explain the issue and give you an opportunity to resolve it. Any suspension will be proportionate to the risk or breach.

AI-generated responses and automated actions can contain errors. You should review and test workflows before use and maintain suitable human oversight, particularly for decisions affecting customers, payments or important business information.

You are responsible for having the permissions required for your messages, contact lists and campaigns, including applicable consent, sender-identification and unsubscribe requirements. We remain responsible for our own conduct and obligations under applicable law.

AI outputs, call quality, message delivery and responses from external platforms are not guaranteed. Provider charges and usage limits will be identified where relevant to the agreed service.

Our work may depend on hosting companies, domain providers, payment processors, messaging platforms, AI providers and other third parties. Their terms and usage policies may apply to your use of their services.

We will use reasonable care and skill in the services we provide. We do not promise uninterrupted availability or control third-party outages, policy changes or discontinued features. We will reasonably assist with issues affecting the agreed work; additional work outside our responsibility or agreed scope will be quoted before it begins.

Each party must comply with the privacy obligations that apply to it, including the New Zealand Privacy Act 2020 where applicable.

We will use information provided to us for delivering the agreed services and other lawful, disclosed purposes. Where we process personal information on your behalf, we will act within the agreed purpose and lawful instructions. Your instructions do not remove either party's legal responsibilities.

We will take reasonable steps to protect confidential information and personal information. No online service can guarantee absolute security. Where third-party providers or overseas processing are involved, we will meet the obligations that apply to our role.

Neither party may disclose the other's confidential information except with permission, as reasonably necessary to perform the agreement through appropriately bound providers, or as required by law. Personal-information requests or concerns may be sent to our contact email.

Please notify us promptly if you believe our work does not meet the agreement, with enough information for us to investigate. We will respond within a reasonable time and provide any remedy required by the agreement or applicable law.

Nothing in these terms excludes, restricts or modifies rights or remedies that cannot lawfully be excluded, including rights under the Consumer Guarantees Act 1993 and Fair Trading Act 1986 where applicable.

Subject to those rights and to the extent permitted by law, neither party is liable to the other for indirect or consequential loss arising from the agreement. Our total liability for claims relating to a particular service or project is limited to the total amount you paid us for that service or project.

These exclusions and the liability cap do not apply to fraud, deliberate misconduct or liability that cannot lawfully be excluded or limited.

Either party may terminate the agreement for a material breach by the other party if it is not remedied within a reasonable period after written notice. A serious breach that cannot reasonably be remedied may justify immediate termination.

If payment is overdue, we may suspend further work or an affected service after written notice and a reasonable opportunity to pay. We will not terminate unrelated services without a lawful or contractual basis.

On termination, we will account for work completed, approved non-recoverable costs and any refundable prepaid balance. Handover and ownership of paid deliverables will be dealt with under sections 7 and 8. Termination does not remove rights or obligations that have already arisen.

We may publish updated terms for future orders. Updates do not retrospectively change an accepted fixed-scope project without both parties' agreement.

For any ongoing service, we will give reasonable written notice of any proposed material change. If you do not agree, you may end the affected service before the change takes effect, subject to amounts properly payable for work already performed and approved non-recoverable commitments.

These terms are governed by New Zealand law. The parties will first try to resolve any dispute through good-faith discussion. This does not prevent either party from seeking urgent relief or using any court, tribunal or statutory dispute process available to it.

Scaled Solutions Limited
Email: team@scaledsolutions.co.nz
Website: https://scaledsolutions.co.nz/