Terms & Conditions

1. Introduction

These Terms & Conditions govern all services supplied by Cre8ive Marketing Ltd (“Cre8ive”, “we”, “our”, or “us”). By accepting a proposal, quotation, estimate, invoice, ongoing service arrangement, or engaging Cre8ive to undertake work, the client agrees to these Terms & Conditions.

All services are supplied by Cre8ive Marketing Ltd only. No director, employee, contractor, or representative assumes any personal liability in connection with services provided.

2. Scope of Services

All proposals, estimates, pricing, and recommendations are based on information supplied by the client at the time of quoting. Any changes to project scope, specifications, timelines, functionality, deliverables, or requirements may result in revised pricing, updated timelines, or additional charges.

Unless specifically stated otherwise in writing, proposals are estimates only and may evolve as further information, technical review, or implementation requirements become known.

Cre8ive reserves the right to decline or pause work where requested changes materially alter the agreed scope or project direction.

3. Client Responsibilities

The client agrees to provide accurate, complete, and timely information, approvals, feedback, access credentials, and materials required to support project delivery and agreed timelines.

Where photographs, logos, copy, illustrations, branding assets, or other materials are supplied by the client, the client warrants they hold the necessary rights or permissions for use.

The client is responsible for reviewing and approving all content, proofs, advertising, website updates, campaigns, recommendations, and implementation work prior to publication or release. While Cre8ive will make reasonable efforts to ensure accuracy, the client assumes responsibility for final approved content and published materials.

Delays in approvals, feedback, access, decision-making, or content supply may affect timelines, implementation schedules, campaign performance, and project delivery.

4. Fees & Payment

Unless otherwise stated, all pricing is exclusive of GST.

Invoices are payable in full by the 20th day of the month following the invoice date unless otherwise agreed in writing.

Cre8ive may invoice progressively for ongoing work, staged projects, retainers, advertising management, subscriptions, or third-party costs.

The client is responsible for all reasonable costs incurred in recovering overdue amounts, including legal fees, debt collection costs, and administrative expenses.

Cre8ive reserves the right to suspend or withhold services, website access, hosting, campaigns, deliverables, or project work where accounts remain unpaid.

5. Retainers & Ongoing Services

Monthly retainers include only the scope specifically outlined within the relevant proposal or agreement.

Unless otherwise agreed in writing:

• unused retainer hours do not roll over,
• retainers reserve availability and strategic capacity,
• additional work outside the agreed scope may be quoted separately.

Retainer services may include strategy, consulting, optimisation, implementation guidance, reporting, digital marketing support, SEO, AI optimisation, advertising support, website refinement, training, or related advisory services.

Cre8ive reserves the right to review retainer pricing periodically where scope, workload, platform requirements, or business needs materially change.

6. Third-Party Platforms & Software

Cre8ive may utilise or provide services that involve third-party platforms, software, hosting providers, advertising platforms, AI tools, plugins, analytics tools, payment gateways, social media platforms, search engines, or other external technologies.

Cre8ive is not responsible for outages, security issues, policy changes, pricing changes, platform restrictions, software incompatibilities, algorithm updates, account suspensions, API limitations, loss of rankings, advertising restrictions, or functionality changes imposed by third-party systems.

Third-party platform fees, subscriptions, advertising spend, premium plugins, stock assets, software licensing, or external services may be billed separately unless specifically included within an agreed scope.

7. SEO, AI & Digital Marketing Disclaimer

No specific commercial, marketing, lead generation, search ranking, AI visibility, traffic, engagement, or financial outcomes are guaranteed.

SEO, AI optimisation, search visibility, advertising performance, and digital marketing outcomes are influenced by a wide range of external factors outside Cre8ive’s control, including competition, market conditions, algorithm updates, platform changes, website limitations, client responsiveness, implementation quality, content availability, and third-party systems.

Recommendations regarding SEO, AI optimisation, advertising, automation, or digital strategy are provided in good faith, based on the information available at the time.

Where implementation is undertaken collaboratively or managed by the client or third parties, Cre8ive cannot guarantee consistency of execution or resulting performance outcomes.

8. AI & Training Services

Cre8ive may provide training, strategic guidance, AI familiarisation, workflow recommendations, prompt guidance, or operational support involving AI-assisted tools and technologies.

Clients acknowledge that AI-generated outputs may contain inaccuracies, limitations, biases, incomplete information, or changing platform behaviour. All AI-assisted outputs should be reviewed appropriately prior to use, publication, implementation, or reliance.

Clients remain responsible for their own business, legal, operational, financial, and commercial decisions and are encouraged to seek additional professional advice where appropriate.

9. Intellectual Property

All concepts, strategies, methodologies, recommendations, frameworks, templates, systems, processes, designs, source files, training materials, copywriting, campaigns, and creative work developed by Cre8ive remain the intellectual property of Cre8ive Marketing Ltd unless otherwise agreed in writing.

Ownership and intellectual property rights do not transfer until all invoices relating to the work have been paid in full.

Cre8ive retains ownership of pre-existing intellectual property, methodologies, systems, templates, frameworks, training materials, and proprietary processes used in the delivery of services.

Third-party assets, including fonts, stock imagery, plugins, licensed software, themes, or externally licensed materials, remain subject to their original licence conditions.

10. Website Projects

Website projects may involve third-party platforms, plugins, themes, hosting providers, integrations, APIs, or external systems outside Cre8ive’s control.

Unless otherwise agreed in writing:

• ongoing updates, maintenance, backups, plugin updates, hosting, security monitoring, or technical support are not included after project completion,
• the client is responsible for maintaining ongoing software licensing, hosting, and subscription requirements.

Cre8ive may place a discreet website credit and/or footer link on completed websites unless otherwise agreed.

11. Approvals & Publication

Client approval constitutes acceptance of responsibility for the accuracy, legality, compliance, and suitability of all approved materials and content.

Cre8ive is not liable for errors, omissions, compliance issues, advertising disapprovals, legal claims, or losses arising from approved materials, supplied content, or client instructions.

12. Confidentiality

Both parties agree to keep confidential any commercially sensitive information obtained during the course of the engagement unless disclosure is required by law or authorised in writing.

13. Portfolio & Marketing Rights

Unless confidentiality is requested in writing, Cre8ive may display completed work, project summaries, screenshots, branding, campaigns, websites, or related materials in its portfolio, marketing materials, social media, awards submissions, or promotional activities.

14. Limitation of Liability

To the maximum extent permitted by law, Cre8ive Marketing Ltd excludes liability for any indirect, consequential, incidental, exemplary, special, or business losses arising from the use of its services, training, recommendations, digital platforms, advertising activity, AI tools, websites, or third-party systems.

Cre8ive’s total liability relating to any claim shall not exceed the total fees paid by the client for the specific services directly giving rise to the claim.

15. Termination & Suspension

Either party may terminate ongoing services by providing written notice unless otherwise specified within an agreed contract or retainer arrangement.

Cre8ive reserves the right to suspend or terminate services where:

• invoices remain unpaid,
• abusive or unreasonable conduct occurs,
• the client breaches these Terms,
• continued engagement becomes commercially impractical or inappropriate.

Fees for completed work, committed third-party costs, scheduled work, retainers, and work already underway remain payable and are non-refundable.

16. Governing Law

These Terms & Conditions are governed by the laws of New Zealand. Any disputes arising from services supplied by Cre8ive Marketing Ltd shall be subject to the jurisdiction of the New Zealand courts.