These Terms & Conditions (“Terms”) apply to all services provided by Cre8ive Marketing Ltd (“Cre8ive”, “we”, “us”) to the client (“Client”, “you”).
By engaging Cre8ive, accepting a proposal, or instructing us to commence services, you agree to be bound by these Terms.
1. Parties and Capacity
All services are supplied by Cre8ive Marketing Ltd only.
No director, shareholder, officer, employee, contractor or representative of Cre8ive assumes any personal responsibility or liability to the Client.
The Client agrees that no personal duty of care is owed by any individual associated with Cre8ive.
All exclusions, limitations, indemnities and protections in these Terms extend to Cre8ive’s directors, officers, employees and contractors as third-party beneficiaries for the purposes of the Contracts and Commercial Law Act 2017.
2. Scope of Services
Services will be as described in a written proposal, estimate, statement of work or other written agreement.
Any services not expressly included are outside scope and may require a variation or additional fee.
3. Client Responsibilities
The Client must:
- Provide accurate, complete and timely information
- Review and approve deliverables promptly
- Ensure it has the rights to all materials supplied
- Comply with all applicable laws and platform policies
Cre8ive is not responsible for delays, errors, or outcomes arising from Client actions or omissions.
4. No Guarantees
Cre8ive will provide services with reasonable care and skill consistent with industry standards.
No specific results, performance metrics, revenue outcomes or commercial results are guaranteed.
Marketing outcomes depend on factors outside Cre8ive’s control, including market conditions, audience behaviour, competition, platform algorithms and Client decisions.
Any examples or case studies are illustrative only.
5. Timeframes
All timelines are estimates only and may change due to:
- Client delays or revisions
- Scope changes
- Third-party dependencies
6. Fees and Payment
Fees are as set out in the applicable proposal or invoice.
Unless otherwise stated:
- Invoices are payable by the 20th of the month following invoice date
- Fees are exclusive of GST
- Interest may be charged at 10% p.a. on overdue amounts
Cre8ive may suspend services if payment is overdue.
7. Variations
Any changes to scope, timing or deliverables may result in additional fees.
Cre8ive may revise estimates where assumptions change.
8. Intellectual Property
All intellectual property created by Cre8ive remains Cre8ive’s property until full payment is received.
Upon full payment, intellectual property explicitly created for the Client will be assigned to the Client, except for:
- Pre-existing materials
- Tools, frameworks, templates and know-how
- Concepts not included in final deliverables
Cre8ive may display work for portfolio and marketing purposes unless the Client requests confidentiality in writing.
8.1 Brand Attribution
All websites developed by Cre8ive Marketing Ltd must retain the Cre8ive branding and hyperlink in the website footer. This attribution includes the text "Website by Cre8ive" (or similar) with a clickable link to https://cre8ive.co.nz. This footer attribution may not be removed, altered or obscured by the client at any time, including after full payment and transfer of intellectual property rights.
9. Confidentiality
Both parties must keep confidential information confidential, except where disclosure is required by law or professional advisers.
10. Liability
10.1 Excluded Loss
To the maximum extent permitted by law, Cre8ive is not liable for any indirect, consequential or special loss, including loss of profits, revenue, data, goodwill or business opportunity.
10.2 Limitation of Liability
To the extent permitted by law, Cre8ive’s total aggregate liability arising out of or in connection with the services shall not exceed the fees paid by the Client to Cre8ive in the 12 months preceding the event giving rise to the claim.
Nothing in these Terms limits liability that cannot be excluded by law.
11. Indemnity
The Client indemnifies Cre8ive and its directors, officers, employees and contractors against all claims, losses and costs arising from:
- Materials supplied by the Client
- Client breach of these Terms
- Third-party claims relating to Client content or instructions
12. Fair Trading Act
Where the Client acquires services in trade, the parties agree to contract out of sections 9, 12A and 13 of the Fair Trading Act 1986 to the extent permitted by law, and agree that it is fair and reasonable to do so.
13. Termination
Either party may terminate services by written notice.
Fees incurred up to the date of termination remain payable. Fees paid are non-refundable for services already performed.
14. Force Majeure
Cre8ive is not liable for any failure or delay caused by events beyond its reasonable control, including acts of God, system failures, pandemics, third-party service interruptions, or governmental action.
15. Non-Solicitation
The Client must not solicit or engage Cre8ive employees or contractors during the engagement and for 12 months after, without written consent.
16. Notices
Notices must be sent by email to:
- Cre8ive: cre8ive@cre8ive.co.nz
- Client: the email address last notified
17. Severability
If any provision is unenforceable, it will be severed and the remaining provisions will continue.
18. Governing Law
These Terms are governed by the laws of New Zealand and subject to the exclusive jurisdiction of New Zealand courts.