Terms and Conditions
Terms and Conditions for Brand Boostrs
Last Updated: March 25, 2025
Welcome to Brand Boostrs! These Terms and Conditions govern your use of our marketing services, including but not limited to social media advertising, search engine marketing, local SEO optimization, email marketing, and client feedback/review management. By engaging our services, you agree to these Terms and Conditions. If you do not agree, please do not use our services. We are a New Zealand-based company, and these terms are governed by New Zealand law.
1. Services
Brand Boostrs provides marketing services tailored for kitchen remodeling businesses, as outlined in our service packages (e.g., Ad Growth Package, Client Connect Package).
- Service Delivery: We will deliver services as agreed in your chosen package or custom contract. Timelines and deliverables will be communicated in writing.
- Client Responsibilities: You agree to provide accurate information, materials (e.g., logos, images), and access (e.g., to ad accounts) necessary for us to perform our services. Delays in providing these may affect delivery timelines.
- Campaign Approvals: You are responsible for reviewing and approving all marketing campaigns (e.g., ad copy, email content) before they go live. We are not liable for errors or issues in approved content.
2. Payment Terms
- Fees: Service fees are outlined in your contract or package agreement. All prices are in New Zealand Dollars (NZD) and exclude GST unless stated otherwise.
- Payment Schedule: Payments are due as per the agreed schedule (e.g., monthly, upfront). Invoices must be paid within 7 days of receipt unless otherwise agreed.
- Late Payments: Late payments may incur a 2% monthly interest charge, and we reserve the right to suspend services until payment is received.
- Refunds: Refunds are not provided for services already rendered. If you cancel mid-term, you are liable for fees for work completed up to the cancellation date.
3. Intellectual Property
- Our Materials: All marketing materials, strategies, and content created by Brand Boostrs (e.g., ad designs, email templates) remain our intellectual property until full payment is received. Upon payment, you are granted a non-exclusive license to use these materials for your business.
- Your Materials: You grant us a non-exclusive license to use your materials (e.g., logos, images) for the purpose of delivering our services. You confirm that you have the right to use these materials and that they do not infringe on third-party rights.
4. Confidentiality
We will treat all client information (e.g., customer lists, business data) as confidential and will not disclose it to third parties, except as necessary to provide our services (e.g., to ad platforms) or as required by law. You agree to keep our proprietary strategies and pricing confidential.
5. Termination
- By Either Party: Either party may terminate the agreement with 30 days’ written notice. You are responsible for fees for services rendered up to the termination date.
- For Cause: We may terminate immediately if you fail to pay, breach these terms, or engage in illegal activity. You may terminate immediately if we fail to deliver services as agreed, subject to a 7-day notice to remedy the issue.
- Post-Termination: Upon termination, we will cease all services, and you must pay any outstanding fees. Any licenses granted to you for our materials will end.
6. Liability and Disclaimers
- No Guarantees: While we strive to deliver results (e.g., increased leads, improved visibility), we do not guarantee specific outcomes, as marketing results depend on factors beyond our control (e.g., market conditions, ad platform algorithms).
- Limitation of Liability: To the extent permitted by New Zealand law, our liability for any claim arising from our services is limited to the amount you paid us in the 3 months prior to the claim. We are not liable for indirect or consequential losses (e.g., loss of profits).
- Consumer Guarantees Act 1993: If you are a consumer under the Consumer Guarantees Act 1993, nothing in these terms limits your rights under that Act, including guarantees of acceptable quality and fitness for purpose.
7. Third-Party Platforms
Our services often involve third-party platforms (e.g., Google Ads, Facebook, email marketing tools). You agree to comply with their terms of service. We are not responsible for changes to these platforms, their policies, or their performance (e.g., ad disapprovals, algorithm updates).
8. Dispute Resolution
If a dispute arises, we will first attempt to resolve it through good-faith negotiation. If unresolved after 30 days, either party may pursue mediation in Auckland, New Zealand, before escalating to legal action. These terms are governed by New Zealand law, and any legal proceedings will take place in New Zealand courts.
9. Changes to These Terms
We may update these Terms and Conditions from time to time. We will notify you of significant changes via email or on our website. Your continued use of our services after such changes constitutes your acceptance of the updated terms.
10. Contact Us
If you have any questions about these Terms and Conditions, please contact us:
Email: brandboostrs@gmail.com