Terms of Service

1. Agreement to Terms

By accessing or using the Groundwork Digital website ("Site") or engaging our services, you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these Terms, you may not access the Site or use our services.

These Terms apply to all visitors, users, clients, and others who access or use our services.

2. Services Overview

Groundwork Digital provides website design and development services for tradies and small businesses in New Zealand.

Our services include, but are not limited to:

• Custom website design and development
• Mobile-responsive web design
• SEO setup and optimisation
• Website hosting setup
• Domain setup and configuration

Specific services and deliverables will be outlined in individual project quotes and service agreements.

3. Service Agreements and Quotes

3.1 Quotes

All quotes provided by Groundwork Digital are valid for 30 days from the date of issue unless otherwise specified. Quotes are based on the information provided by the client and may be subject to change if project requirements change.

3.2 Project Scope

Each project will have a defined scope of work outlined in a written quote or service agreement. Any work outside the agreed scope will be considered additional work and may incur extra charges.

3.3 Acceptance

By accepting a quote (via email confirmation, signed agreement, or payment of deposit), you agree to the terms outlined in the quote and these Terms of Service.

3.4 Project Timeline

Project timelines are estimates and may be affected by factors including client responsiveness, content provision, third-party service delays, and technical complexities. We will communicate any significant delays promptly.

4. Payment Terms

4.1 Pricing

All prices are quoted in New Zealand Dollars (NZD) and include GST unless otherwise stated.

4.2 Payment Schedule

Standard payment terms are:

• Deposit: 50% deposit required before work commences
• Final Payment: Remaining 50% due upon project completion and before website launch

Alternative payment arrangements may be agreed upon in writing for specific projects.

4.3 Late Payments

Payments are due within 7 days of invoice date unless otherwise specified. Website files are delivered upon receipt of final payment. If payment is overdue:

• Website files will not be delivered or published until payment is received in full
• Ongoing services (if applicable) may be suspended
• We may decline to continue the project after 30 days of non-payment

4.4 Payment Methods

We accept payment via:

• Bank transfer (preferred)
• Credit/debit card
• Other methods as agreed in writing

5. Client Responsibilities

5.1 Content and Materials

Clients are responsible for providing:

• Text content, images, logos, and other materials in a timely manner
• Accurate and up-to-date business information
• Access to necessary accounts and platforms (domain, hosting, social media, etc.)
• Timely feedback and approval at project milestones

Delays in providing materials may extend project timelines.

5.2 Content Rights and Licenses

Clients warrant that they own or have the necessary licenses, rights, and permissions for all content provided, including:

• Ownership or license to use all images and graphics
• Rights to trademarks, business names, and logos
• Permission to use testimonials and case studies

Clients agree to indemnify Groundwork Digital against any claims arising from content ownership disputes.

5.3 Cooperation and Communication

Clients agree to:

• Respond to communications within 5 business days
• Participate in review and feedback sessions
• Provide constructive and specific feedback
• Designate a primary contact person for project communication

5.4 Legal Compliance

Clients are responsible for ensuring their website complies with all applicable New Zealand laws and regulations, including but not limited to:

• The Privacy Act 2020 — particularly regarding collection of personal information through contact forms
• The Fair Trading Act 1986 — ensuring all claims and representations on your website are accurate
• The Unsolicited Electronic Messages Act 2007 — if collecting email addresses for marketing
• Any industry-specific regulations applicable to your trade or profession

Groundwork Digital builds websites that follow best practices for compliance, but clients must verify that their specific content, claims, and data collection practices meet their legal obligations.

6. Intellectual Property Rights

6.1 Client Ownership

Upon full payment, clients receive ownership of:

• Custom website design created specifically for their project
• Content written specifically for their website
• Final website files and code

6.2 Groundwork Digital Ownership

Groundwork Digital retains ownership of:

• Source code templates and frameworks
• Development tools and methodologies
• Proprietary processes and systems
• Pre-existing intellectual property used in projects

6.3 Third-Party Assets

Some projects may include third-party components such as:

• JavaScript libraries and frameworks
• Web fonts and icon sets
• Stock photos and imagery

These assets remain the property of their respective owners and are subject to their own licenses.

6.4 Portfolio Usage

Groundwork Digital reserves the right to:

• Display completed projects in our portfolio
• Use project details in case studies and marketing materials
• Reference clients as part of our client list

Clients may request confidentiality in writing if portfolio usage is not desired.

7. Revisions and Changes

7.1 Included Revisions

Website projects include:

• Starter package: 2 rounds of revisions included
• Professional package: 3 rounds of revisions included
• Minor content and layout adjustments during development
• Bug fixes and technical corrections

7.2 Additional Revisions

Revisions beyond the included amount or significant scope changes will be:

• Quoted separately before work begins
• Billed at $120 + GST per hour

7.3 Significant Scope Changes

If project requirements change significantly from the original quote, we reserve the right to:

• Re-quote the project with updated pricing and timeline
• Request additional payment before continuing
• Decline to proceed if changes are not feasible

8. Website Hosting and Maintenance

8.1 Hosting and Form Processing

Websites built by Groundwork Digital are hosted on Cloudflare Pages. A hosting account is created for each client's website, leveraging Cloudflare's global content delivery network for performance and security.

All contact forms on your website are processed through Cloudflare Workers. By using your website's contact form, your site visitors' submitted information (name, email, phone number, message content) is processed by Cloudflare in accordance with Cloudflare's Privacy Policy.

Clients acknowledge and agree that:

• Form submissions are processed by Cloudflare Workers
• Cloudflare's terms of service and acceptable use policies apply to your hosted website
• It is the client's responsibility to include appropriate privacy disclosures on their website regarding how contact form data is collected and processed
• Groundwork Digital is not liable for any data breaches, outages, or policy changes by Cloudflare

8.2 Ongoing Support

After your website is delivered, ongoing support is available and may include:

• Content updates and text changes
• Domain and DNS support
• Hosting configuration and troubleshooting
• Technical support

Support requests are quoted individually. There are no mandatory monthly maintenance fees.

8.3 Uptime and Availability

While we strive for maximum uptime, we cannot guarantee 100% availability due to factors beyond our control, including:

• Hosting provider outages
• Internet service provider issues
• Third-party service disruptions
• Force majeure events

9. Warranties and Disclaimers

9.1 Service Warranty

Groundwork Digital warrants that:

• Services will be performed with reasonable care and skill
• Websites will be free from material defects for the post-launch support period (90 days)
• We will correct any errors or bugs reported within the warranty period

9.2 Consumer Guarantees

Nothing in these Terms excludes, restricts, or modifies any rights or remedies you may have under the Consumer Guarantees Act 1993, the Fair Trading Act 1986, or any other legislation that cannot be excluded by agreement.

Subject to the above, and except as expressly stated in Section 9.1, services are provided without additional warranty of any kind.

9.3 No Guarantee of Results

While we use industry best practices, we do not guarantee:

• Specific search engine rankings
• Website traffic levels
• Conversion rates or sales results
• Social media engagement metrics

Digital marketing results depend on many factors outside our control, including market conditions, competition, and client business practices.

10. Limitation of Liability

10.1 Maximum Liability

To the maximum extent permitted by law, Groundwork Digital's total liability for any claims arising from our services shall not exceed the total amount paid by the client for the specific services giving rise to the claim.

10.2 Excluded Damages

We are not liable for:

• Indirect, incidental, or consequential damages
• Loss of profits, revenue, or business opportunities
• Loss of data or content
• Damage to reputation or goodwill
• Third-party claims

10.3 Exceptions

Nothing in these Terms limits our liability for:

• Death or personal injury caused by negligence
• Fraud or fraudulent misrepresentation
• Any other liability that cannot be excluded under New Zealand law

11. Termination

11.1 Termination by Client

Clients may terminate a project by providing written notice. In case of termination:

• All work completed to date must be paid for
• The deposit is non-refundable, except where Groundwork Digital has failed to deliver the agreed services under the Consumer Guarantees Act 1993
• Additional charges may apply for work in progress
• Clients receive files for work completed and paid for

11.2 Termination by Groundwork Digital

We reserve the right to terminate services if:

• Payment is not received within 14 days of due date
• Client fails to provide required materials for 30+ days
• Client breaches these Terms
• The project becomes commercially unviable

11.3 Effects of Termination

Upon termination:

• All outstanding invoices become immediately due
• Access to ongoing services will be suspended
• We will provide completed work upon full payment

12. Confidentiality

Both parties agree to keep confidential any proprietary information shared during the course of the project, including:

• Business strategies and plans
• Financial information
• Customer data and lists
• Trade secrets and proprietary processes

This obligation continues for 2 years after project completion or termination.

13. Third-Party Services

Our services may involve third-party platforms and services, including:

• Domain registration services
• Web hosting providers
• Email marketing platforms
• Analytics and tracking services
• Payment processors

These services are subject to their own terms and conditions. We are not responsible for third-party service failures, changes in pricing, or discontinuation of services.

14. Force Majeure

Neither party shall be liable for failure to perform obligations due to circumstances beyond reasonable control, including:

• Natural disasters
• Pandemics and health emergencies
• Government actions or regulations
• Internet service provider failures
• Power outages
• Acts of war or terrorism

We will make reasonable efforts to resume services as soon as possible after such events.

15. Dispute Resolution

15.1 Good Faith Negotiation

In the event of a dispute, both parties agree to first attempt to resolve the matter through good faith negotiation.

15.2 Mediation

If negotiation fails, parties agree to attempt mediation before pursuing legal action.

15.3 Governing Law

These Terms are governed by the laws of New Zealand. Any legal proceedings shall be brought in the appropriate courts of New Zealand.

16. General Provisions

16.1 Entire Agreement

These Terms, together with any written quotes or service agreements, constitute the entire agreement between parties and supersede all prior communications and agreements.

16.2 Amendments

We may update these Terms from time to time. Significant changes will be communicated to active clients. Continued use of services after changes constitutes acceptance of updated Terms.

16.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

16.4 Waiver

Failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it in the future.

16.5 Assignment

Clients may not assign or transfer their rights or obligations under these Terms without our written consent. We may assign our rights and obligations to successors in business.

17. Contact Information

For questions about these Terms of Service, please contact us:

18. Acceptance

By using our website or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.