Terms of Service
These are business-to-business terms. The Consumer Guarantees Act 1993 is excluded to the extent permitted by law for clients acquiring services for business purposes.
1. Definitions
Defined terms used throughout these terms, including “Company”, “Client” and “Services”.
2. Engagement & Statements of Work
Variations to scope must be agreed in writing. Clients are asked to respond to requests within 5 business days to keep projects moving.
3. Fees & Payment
All fees are in NZD plus GST. Project work is typically 50% deposit and 50% on completion; retainers are billed monthly in advance and are due within 20 days. Late payments accrue interest at 2% per month, compounding. Invoice disputes must be raised within 7 days. Ownership of deliverables is retained until full payment; IP assigns to the client on full payment.
4. Confidentiality
Confidentiality obligations survive termination of the engagement for 3 years.
5. Intellectual Property
Covers the client content licence, the Company's background IP, third-party elements used in deliverables, and our right to display completed work in our portfolio.
6. Project Dormancy & Termination
A project is treated as dormant after 30 days of client unresponsiveness, following a 7-day notice. Either party may terminate for convenience on 30 days notice; a 25% kill fee applies to unbilled fees. Reinstating a dormant project carries a $500 reinstatement fee.
7. Warranties
Work carries a 30-day warranty period following delivery. We do not guarantee specific rankings or ROAS outcomes.
8. Limitation of Liability
Our liability is capped at the fees paid by the client in the prior 12 months.
9. Indemnity
Each party indemnifies the other for losses arising from their own breach of these terms.
10. Submissions
Unsolicited ideas submitted to us become Company property, and moral rights in such submissions are waived.
11. Electronic Communications & Signatures
Electronic communications and signatures are accepted as valid under these terms.
12. Unsolicited Information
We accept no obligation of confidentiality over information provided to us outside an active engagement.
13. Force Majeure
Neither party is liable for delays caused by events outside its reasonable control, for up to 60 days.
14. Privacy
Personal information is handled in accordance with our Privacy Policy.
15. Dispute Resolution
Disputes are first addressed through direct negotiation for 15 business days, then AMINZ mediation, and finally the Auckland courts under New Zealand law.
16. General
Standard boilerplate provisions including severability, assignment, and entire agreement.
17. Contact
hello@peloralabs.com — 139 Quay Street, Auckland, New Zealand.