1. How these terms apply
These terms apply when Lighthouse Creative provides website design, production, copywriting, automation, video, digital strategy or related services. A project may also have a signed Project Schedule, proposal, scope and approved change requests.
If documents conflict, the signed Project Schedule comes first, followed by the approved proposal or scope, approved change requests, and these website terms.
2. Scope and delivery
We will provide the agreed services with reasonable care and skill. Items not expressly included are outside scope.
Target dates depend on timely client content, access, decisions, feedback and payment. They may also be affected by third-party platforms, approved changes or events reasonably outside our control.
3. Client responsibilities
The client must provide accurate content, lawful instructions, required access and timely consolidated feedback, and nominate a person authorised to approve work.
The client confirms it owns, or has permission to use, all supplied materials. The client is responsible for checking factual claims, prices, contact information, privacy notices and other legal or regulated content before launch.
4. Fees and stage payments
Unless the Project Schedule states otherwise, our standard payment process is 40% at commencement, 30% at design and content approval, and 30% after final review and before launch or handover.
Invoices are due within 7 calendar days. Prices are in New Zealand dollars and exclude GST unless stated otherwise. Domains, hosting, subscriptions, advertising spend, premium assets and other third-party costs are excluded unless expressly included.
We may pause work, adjust the delivery schedule, or withhold launch or handover while an undisputed invoice is overdue.
5. Feedback, revisions and changes
Included revision rounds are stated in the Project Schedule. Feedback should be consolidated and supplied within 5 business days unless another period is agreed.
Work outside scope, additional revision rounds or reopening an approved stage will be treated as a change request. We will advise the likely cost and timing effect before undertaking material additional work.
6. Acceptance and launch
Before launch, the client must review the website and report any material departure from the agreed scope. Approval in writing, public use, or failure to report a material scope issue within 5 business days of a review request may constitute acceptance, without limiting rights that cannot lawfully be excluded.
Final payment must clear before the website is launched, transferred or handed over unless agreed otherwise in writing.
7. Intellectual property
Each party retains ownership of material it owned before the project. After full payment, the client receives the rights described in the Project Schedule to the final bespoke website design and client-specific content created by Lighthouse Creative.
We retain ownership of pre-existing templates, frameworks, code libraries, methods, know-how, reusable components and internal tools. The client receives a perpetual, non-exclusive licence to use embedded provider materials as part of the delivered website. Third-party materials remain subject to their own licence terms.
8. Third-party services
Domains, hosting, plugins, payment gateways, AI tools, CRM systems, stock assets and other platforms are supplied under third-party terms. Their services, policies, prices and availability may change.
We are not responsible for a third party’s outage, security incident, policy decision or service change, but can provide reasonable assistance where that support is included or separately approved.
9. Privacy, confidentiality and security
Both parties must keep non-public commercial information confidential and comply with the Privacy Act 2020 when handling personal information.
The client is responsible for approving what information the website collects and the required privacy notices. Unless an ongoing care plan is included, the client is responsible after handover for user access, software updates, backups, monitoring and security.
10. Cancellation and termination
The commencement payment reserves production capacity and becomes earned progressively as planning and work are performed. If the client cancels, we may retain the amount reasonably attributable to completed work, committed costs and reserved capacity, and will refund any unearned balance.
Either party may terminate for a material breach not remedied within 10 business days after written notice. The client must pay for work completed and approved commitments up to the termination date.
11. Results, warranties and liability
Commercial results depend on the client’s offer, market, traffic, follow-up and other factors outside our control. We do not guarantee a particular ranking, traffic level, number of enquiries or revenue result unless expressly agreed in writing.
Nothing in these terms excludes liability or consumer rights where doing so would be unlawful. To the maximum extent permitted by law, neither party is liable for indirect, consequential or special loss. Our aggregate liability arising from a project is limited to the fees paid or payable for that project, subject to rights and liabilities that cannot lawfully be limited.
12. Disputes and New Zealand law
The parties will first try to resolve any dispute through good-faith discussion. If it remains unresolved, they will consider mediation in New Zealand before court proceedings, except where urgent relief or debt recovery is required.
New Zealand law governs these terms. Electronic acceptance and electronic signatures may be used to the extent allowed by New Zealand law.