Our terms

 

We value an ongoing relationship with you. These Terms are the core basis of that relationship and our commitment to you, to attend to your service requirements diligently, with an efficient, effective and professional service. These Terms of Engagement (“Terms”) apply in respect of all work carried out by us for you, except to the extent that we otherwise agree with you in writing.

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Interpretation

 

In these Terms and Conditions and in any Contract to which these terms and conditions apply unless the context otherwise requires:

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1. Thrive Marketing means Thrive Marketing Limited;

2. Conditions mean these Terms and Conditions to be read and construed with each Estimate/Quotation provided by Thrive Marketing;

3. Client or Customer means the purchaser of products and/or services from Thrive Marketing. If the Client(s) comprises more than one person, each of those person’s liability and agreement is joint and several. Where the Client is a trust, the trustee's liability shall not be limited to the assets of the trust;

4. Contract means an agreement between the Client and Thrive Marketing comprising of the Estimate/Quotation and the Conditions and any variation agreed to in writing by Thrive Marketing;

5. Products and services mean the products sold by Thrive Marketing to the client;

6. Unless Thrive Marketing and the Client otherwise agree in writing:

   • In the event of any conflict arising between these Conditions and any agreement or contract these Terms and Conditions shall prevail; and

   • Estimates/Quotations by Thrive Marketing remain open for acceptance for 28 days from the date of the Estimate or Quotation.

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Services

 

The services which we are to provide for you will be outlined in our proposal, statement of work or itemised quotation. In some instances we may also outline work via email to you.

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Client Care

 

Thrive Marketing are committed to acting professionally and in your best interest. We will:

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1. Protect and promote your interests

2. Discuss your goals and how to best achieve them

3. Act competently and within agreed timeframes

4. Keep you informed throughout the process

5. Maintain confidentiality

6. Treat you respectfully and fairly

7. Charge fair and reasonable fees

8. Let you know how to make a complaint if needed

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Services Provided

 

Thrive Marketing a wide range of services including:

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1. Website design and setup (on WIX)

2. Digital marketing services (Social Media, Google Business, Google Ads, SEO)

3. Email marketing

4. Signage, business card, and flyer design

5. Marketing coaching and consulting

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Contract Formation

 

Services can be ordered from Thrive Marketing through a variety of methods including, but not limited to: signed contracts, order forms or quotes, email requests, online proposal acceptance and verbal requests.

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1. Where a fixed quote is not provided, both parties agree to act in good faith. Thrive Marketing will track the time spent and charge an hourly rate.

2. Once a signed agreement, quote, or order has been accepted, you are responsible for the full payment of all fees specified.

3. If you cancel the services for any reason prior to completion (except as a result of Thrive Marketing’s material breach), all fees specified become immediately due and payable. If a minimum term applies to any service, the fees for the remainder of that term will also become payable. For any work commenced without a signed agreement or where hourly rates apply, written notice is required to cancel. Thrive Marketing will reconcile hours worked, and payment for outstanding fees is due within 7 days of cancellation.

4. Once an order is accepted, cancellation does not release you from payment obligations.

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Payment Terms and Overdue Accounts

 

All amounts specified in an invoice are due on or before the specified due date ("Amounts Owing"). Invoices will be issued via email or e-invoicing, as agreed with you.

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1. All amounts specified in an invoice are due on or before the specified due date ("Amounts Owing"). Invoices will be issued via email or e-invoicing, as agreed with you.

2. Amounts Owing must be paid in full without set-off or deduction of any kind.

3. You agree not to withhold payment of any undisputed amount.

4. If you believe an invoice is incorrect, you must notify Thrive Marketing within three (3) business days of receiving the invoice.

5. If payment is not made by the due date and no invoice dispute has been initiated, the invoice amount becomes an Overdue Amount Owing.

6. If an Overdue Amount Owing remains unpaid for five (5) business days past the due date, Thrive Marketing may apply default interest.

7. Where no specific rate is stated on the invoice, default interest will be 5%, calculated daily and compounding monthly.

8. If the Overdue Amount Owing remains unpaid for fourteen (14) business days or more after the due date, Thrive Marketing may engage a debt collection agency or solicitor.

9. You will be liable for all recovery costs, including legal fees (on a solicitor-client basis), collection fees, and internal administration fees.

10. If Thrive Marketing needs to take extra actions to recover outstanding amounts, reasonable administrative fees may be charged for phone calls, texts, emails, and follow-up visits.

11. Thrive Marketing may pause or stop work if payment is not received. Work will resume once payment is made.

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Website Services

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1. Thrive Marketing builds websites using the WIX platform.

2. Thrive Marketing does not host websites. Websites we build are hosted on WIX. You are responsible for maintaining your WIX subscription.

3. You are also responsible for domain name registration, renewal, and related payments. We accept no liability for outages, disruptions, or data loss from third-party hosting or domain services.

4. Payment must be made in full prior to the website going live. If payment is not received, Thrive Marketing reserves the right to disable access to the site or remove it from public view until full payment is made.

5. After going live, any updates or changes requested by the client that fall outside the original scope will be charged accordingly.

6. Thrive Marketing is not responsible for any costs incurred from downtime or restoration of a website due to client non-payment.

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Digital Marketing Services

 

Digital marketing services may include:

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1. Social media content creation and scheduling

2. Email campaigns (EDMs)

3. Google Business Profile optimisation

4. Google Ads campaign setup and management

5. SEO services

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Key terms:

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1. Thrive Marketing does not guarantee results due to the nature of digital platforms constantly evolving.

2. Thrive Marketing retains ownership of all advertising software accounts and campaign materials unless otherwise agreed.

3. Clients who wish to transfer ownership of Google Ads or other advertising accounts may be charged a transfer fee.

4. If digital marketing services are paused by the client, the monthly management fee will still apply unless otherwise agreed.

5. Thrive Marketing is not responsible for platform policy changes, account suspensions, or external events affecting campaign performance.

6. Clients are responsible for community management and monitoring of public responses unless otherwise agreed.

7. Thrive Marketing reserves the right to remove published or unpublished work if payment has not been received in full.

8. Results and engagement depend on a variety of factors outside Thrive Marketing’s control, including audience behaviour, competition, platform algorithms, and timing.

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Graphic Design

 

Approving Proofs and Designs

 

You are responsible for approving all artwork proofs and ensuring their accuracy and suitability. This includes, but is not limited to: design, spelling, grammar, illustrations, image quality, and quantity.

If the proof is difficult to read or requires changes, it is your responsibility to request a new version.

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Please note:

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1. Final artwork may appear differently across various screens or devices compared to the printed product.

2. Thrive Marketing is not responsible for the accuracy or quality of any outsourced print work.

3. The final approved proof is what will be submitted for print and/or web use.

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Project Delays, Pauses, and Termination

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1. You agree to provide timely access, content, and approvals. Delays on your part may shift estimated delivery timelines.

2. If a project is paused for more than 8 weeks, a reactivation fee may apply to re-brief the team and resume work.

3. Either party may terminate services with 4 weeks' written notice. In the case of termination:

   • You are liable for all completed work and incurred expenses

   • Deposits or part-payments are non-refundable

4. If work is left stagnant or cancelled without notice, we reserve the right to charge for completed work up to that point.

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Intellectual Property and Use

 

Upon delivery and full payment, the client will hold the intellectual property rights to the website designs and customisations. Thrive Marketing will not retain any ownership or rights unless otherwise agreed upon in writing.

Thrive Marketing retains the right to use your project in our portfolio and marketing, and to retain and reuse any unused concepts or experimental work.

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For all content, imagery, or photography provided to Thrive Marketing in the provision of the services, you warrant that:

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1. You own the intellectual property rights in that content;

2. The content does not infringe the intellectual property rights of any third party;

3. The content is not fraudulent, stolen, or otherwise unlawful;

4. The content does not violate any applicable law, statute, ordinance, or regulation (including but not limited to those governing export control, consumer protection, unfair competition, or criminal law);

5. The content is not defamatory, unlawfully threatening or unlawfully harassing;

6. The content does not contain viruses or other computer codes, files, or programs that are designed to limit or destroy the functionality of other computer software or hardware.

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Disclaimers and Limitation of Liability

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1. Thrive Marketing provides services on a best-effort basis and cannot guarantee specific results.

2. Digital marketing is not an exact science, and platforms, algorithms, and service providers are constantly changing.

3. Thrive Marketing has no control over these changes and makes no warranties about future behaviour or outcomes.

4. Thrive Marketing is not liable for any loss, damage, or costs arising from your use of the WIX platform or any third-party services integrated into your website.

5. Thrive Marketing is not responsible for any loss of data or security breaches on the WIX platform that may occur due to factors beyond our control.

6. While Thrive Marketing aims to seek your approval before publishing material, this may not always be possible due to time constraints or deadlines.

7. Thrive Marketing is not liable for any public, community, or customer response (positive or negative) resulting from published marketing content.

8. You agree to indemnify Thrive Marketing and its staff from all claims, liabilities, and costs (including legal costs) that arise from or relate to the performance of digital marketing services or your use of deliverables.

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Logins and Access

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1. Thrive Marketing may need access to your website, social media profiles, and any other relevant platforms when carrying out the work agreed.

2. Access should be granted in a timely manner to avoid delays in the production of your campaign.

3. Thrive Marketing will provide clear instructions on how to grant access where needed.

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Non-Solicitation

 

You agree not to solicit, employ, or contract any Thrive Marketing staff, contractors, or collaborators for 12 months following the end of our engagement.

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Force Majeure

 

We are not liable for delays caused by factors beyond our control, including but not limited to: natural disasters, internet failures, power outages, or platform disruptions.

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Governing Law and Jurisdiction

 

These Terms and Conditions shall be governed by and interpreted in accordance with the laws of New Zealand.