Website plan terms

1. Who these terms are between

The business behind this site will be named here, with its NZBN and a contact email, before the site launches. "You" means the business that signs up. By signing up you confirm that you are acting for a business, in trade, and that you have authority to agree to these terms for it.

These terms apply together with the order confirmation we send you, which records your business details, domain and start date. If the two differ, the order confirmation wins for those details.

2. What the plan includes

• Your website live within 14 days of us receiving your content.
• Hosting, SSL certificate and security updates.
• Up to 5 content edits a month.
• A monthly report of the enquiries your website received.
• A 12-month minimum term, then month to month.

The 14-day period starts on the day we have everything on the content checklist: your business details, services, areas, photos, any prices you want shown, your logo if you have one and access to your domain. If something is missing, we tell you what, and the period starts once it arrives.

A content edit is one change you ask for on an existing page, such as new photos, changed prices, updated hours or an added suburb. Up to 5 edits are included each month. New pages, new features or a redesign are outside the plan; we tell you the price before doing that work, and nothing is charged without your agreement.

3. What the plan doesn't include

• Paid advertising, such as Google Ads, and the ad spend.
• Logo or brand design.
• Writing your content: you supply the words, photos and prices, and we lay them out.
• Domain registration fees: the domain is registered in your business name and you pay the registrar.

We don't promise any number of visitors, enquiries or jobs, or any position in Google or another search engine.

4. Your responsibilities

• You supply accurate content and have the right to use it, including photos, logos and any reviews you ask us to show. The prices, claims and reviews on your site must be true and must not mislead, as the Fair Trading Act 1986 requires.
• You have permission from the owners or occupiers to show photos of their homes or buildings, and you leave out details that identify an address.
• Your site collects enquiries from your customers. Your business is responsible for how it uses those details under the Privacy Act 2020.
• You keep your domain registration paid and tell us if its details change.

5. Fees and payment

The plan costs NZ$269 a month and a one-off setup fee of NZ$549. Both are shown without GST, and the price label reads "GST may apply". A business must register for GST once its turnover reaches $60,000 ² in 12 months. If we are registered for GST when we invoice you, GST is added and shown on the invoice.

The setup fee is invoiced when you sign up. The monthly fee is invoiced in advance each month, starting from the month your site goes live. Invoices are payable by the method and within the time shown on the invoice. If an invoice is more than 14 days overdue we will remind you in writing, and if it stays unpaid we may take your site offline until it is paid. We will give you notice before we do.

We may change the monthly fee after the minimum term by giving you at least 30 days' written notice. You can end the plan before the new fee starts.

6. Term and cancelling

The plan has a minimum term of 12 months from the day your site goes live. After that it continues month to month until either of us ends it.

• After the minimum term, either of us can end the plan by written notice given before the next monthly billing date. It ends at the end of the month already paid for.
• During the minimum term, you can end the plan by written notice, and the monthly fees for the rest of the minimum term remain payable. That doesn't apply if you end it because we have seriously breached these terms and not fixed the problem within 14 days of you telling us.
• Either of us can end the plan straight away if the other seriously breaches these terms and doesn't fix it within 14 days of written notice, or becomes insolvent.

The setup fee pays for building your site and is not refunded once the build has started, except where these terms or the law say otherwise. Monthly fees only start from the month your site goes live.

7. Who owns what

Your business owns its domain name and all the content it supplies: words, photos, logos and prices. You give us permission to use that content to build, host and look after your site while the plan runs.

We host the site. We keep the rights in our own templates, code and design system, and you may use them for your site while the plan runs. When the plan ends, we stop hosting the site, give you a copy of the content you supplied on request, and help you point your domain wherever you choose.

8. Personal information

We handle the enquiries your site receives on your behalf, only to pass them to you, keep the site secure and count them for your monthly report. We don't sell them, use them for our own marketing or give them to anyone else, other than the service providers we use to run the site, such as our web host and form provider. Our privacy policy explains how we handle the details of the people we deal with at your business.

9. Availability and changes to the service

We aim to keep your site online at all times, but hosting providers have outages and we can't promise uninterrupted service. We may change the technology behind your site, provided what the plan includes doesn't get worse.

10. Consumer law and liability

You are acquiring the plan for the purposes of a business. Because we are both in trade and these terms are in writing, we agree that the Consumer Guarantees Act 1993 doesn't apply to the plan, and we both consider that fair and reasonable given the plan is priced for, and sold only to, businesses. Consumer Protection explains that contracting out between businesses is only possible in trade, in writing, fair and reasonable ¹ .

Nothing in these terms limits any right you have under the Fair Trading Act 1986 that can't lawfully be limited. We still supply the services with reasonable care and skill. Subject to that:

• if the services aren't supplied as these terms describe, we will fix the problem or supply the affected services again at no charge;
• we are not liable for lost profits, lost jobs, lost data you didn't give us, or any indirect loss, or for loss caused by your content, your domain registrar or anything outside our reasonable control;
• our total liability to you under these terms is limited to the fees you paid us in the 12 months before the claim arose.

11. Not for consumers

The plan is sold only to businesses, for use in their business. We don't sell it to individuals for personal or household use.

12. Changes to these terms

We may update these terms. If a change affects a plan you already have, we will tell you in writing at least 30 days before it applies, and you can end the plan before then without paying the rest of the minimum term.

13. Disputes and governing law

If something goes wrong, tell us in writing and we will try to sort it out with you directly within 20 working days. These terms are governed by New Zealand law, and the courts and tribunals of New Zealand have jurisdiction.

Questions about these terms before you sign up can be raised on a call.