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.
Where Cre8ive engages external contractors or suppliers, their services may be included within Cre8ive's quoted project price or invoiced separately, as agreed. Cre8ive may require advance payment or a deposit before committing to printing, production, filming, website development or other supplier costs. Once approved supplier commitments have been made, associated costs may remain payable if the project is changed, postponed or cancelled.
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. External Contractors, Suppliers & Production Services
Cre8ive Marketing Ltd may engage independent contractors and specialist suppliers to deliver agreed services, including website development, programming, printing, signage, photography, videography, design, installation and other production or technical services.
Unless otherwise agreed in writing:
- Cre8ive may select, engage and manage suitably qualified contractors and suppliers as part of delivering the agreed services.
- External supplier costs, including project management, coordination, administration and quality control, may be incorporated into Cre8ive's quotations and invoices.
- Supplier pricing and delivery timeframes are subject to confirmation and may change due to variations in specifications, availability, materials or other circumstances outside Cre8ive's reasonable control.
- Additional costs arising from client-requested changes, amendments, reprints, additional filming or photography, or work outside the approved scope will be discussed and agreed before proceeding.
- Clients are responsible for reviewing and approving relevant specifications, artwork, proofs, scripts and production requirements before final production or publication.
- Once production has commenced or a supplier booking has been confirmed, cancellation or changes may incur costs, including supplier cancellation fees and non-refundable commitments.
- Intellectual property, usage rights and licences relating to materials produced by external suppliers may be subject to the relevant supplier agreements.
Contractor Insurance & Installation
Contractors undertaking physical installation work or working at client premises must maintain appropriate insurance for their activities, including Public Liability insurance where relevant.
Cre8ive does not undertake physical installation work. Such work is performed by independent contractors responsible for their own personnel, equipment, work practices and compliance with applicable health and safety requirements.
Responsibilities
Cre8ive will exercise reasonable care and skill in selecting, briefing, coordinating and managing contractors engaged on its behalf.
Cre8ive is not responsible for delays or failures caused by circumstances outside its reasonable control but will take reasonable steps to communicate issues and manage their impact on the project.
Where a client engages an external supplier directly, Cre8ive is not responsible for that supplier's performance, pricing, contractual obligations or deliverables. Any involvement by Cre8ive in briefing, coordinating or reviewing that supplier's work will be charged separately unless expressly included in the agreed scope.
8. 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.
9. 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.
10. 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.
Upon receipt of full payment, the Client receives the rights to use the final approved deliverables for the purposes agreed in the relevant proposal or quotation. Where ownership of copyright in specific deliverables is to be transferred, this will be confirmed in writing. Cre8ive retains ownership of its pre-existing intellectual property, methodologies, templates, systems, frameworks and proprietary processes.
Any third-party materials, including photography, video, music, fonts, software, stock assets or other licensed content, remain subject to the applicable supplier agreements and usage licences. Source files, raw footage and other working materials are not included unless expressly agreed.
11. 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.
12. 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.
For printing, signage, photography, videography and other production services, the Client is responsible for approving the final specifications, proofs, artwork, scripts and other relevant production details before work proceeds. Changes requested after approval may incur additional costs and affect delivery timeframes.
Cre8ive will take reasonable care in preparing and coordinating work but is not responsible for errors introduced by Client-supplied information or changes made after final approval, except to the extent caused by Cre8ive's own failure to exercise reasonable care and skill.
13. 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.
14. 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.
15. 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.
Nothing in these Terms & Conditions excludes, restricts or modifies any rights, guarantees, remedies or liabilities that cannot lawfully be excluded under New Zealand law.
16. 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.
17. 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.