Terms of Service

These Terms of Service ("Terms") govern your use of the website at bytedigital.co.nz and the web design, web development, SEO, digital marketing, and related services provided by Byte Digital ("we," "us," or "our"). By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our website or services.

1. Services

Byte Digital provides web design, web development, search engine optimisation, digital marketing, content creation, and related consulting services to businesses and individuals. The specific scope, deliverables, and timeline for each project will be outlined in a formal proposal or statement of work provided to you before work commences. That proposal, once accepted by you, forms part of these Terms.

We reserve the right to modify the scope of services if project requirements change, unforeseen technical challenges arise, or additional work is requested by you. Any changes to the agreed scope will be documented in a written variation and may result in adjustments to the project timeline and pricing.

While we strive to achieve the best possible outcomes for every project, we do not guarantee specific rankings on search engines, specific traffic volumes, or specific conversion rates. SEO and digital marketing results are influenced by many factors outside our control, including Google's algorithms, competitor activity, and market conditions. We provide realistic projections based on our experience and data, but these are estimates, not guarantees.

2. Pricing and Payment

Our pricing is outlined in the proposal provided to you for each project. All prices are in New Zealand dollars (NZD) and include GST unless otherwise stated. For website design and development projects, we typically require a 50% deposit before work commences, with the remaining 50% due upon project completion and before the website goes live.

For ongoing services such as SEO management, hosting, and maintenance, fees are billed monthly in advance. Invoices are sent via email and payment is due within seven (7) days of the invoice date unless otherwise agreed in writing.

Late payments will incur interest at a rate of 2% per month on the outstanding balance. We reserve the right to suspend services, including website hosting, for accounts that are more than 14 days overdue. We may also charge a reinstatement fee of $150 plus GST to restore suspended services.

3. Intellectual Property

Upon full payment of all agreed fees, you will own the final website design, custom code, and original content created specifically for your project. Byte Digital retains ownership of all proprietary tools, frameworks, code libraries, and methodologies used in the development of your project, even where these are incorporated into the final deliverable.

We reserve the right to use your project in our portfolio, case studies, and marketing materials, unless you request otherwise in writing. We will not disclose any confidential business information, trade secrets, or sensitive data in any public materials. Any pre-existing intellectual property, including third-party plugins, fonts, stock images, and open-source software used in your project, remains subject to the respective licence terms of those assets.

You warrant that all content, images, logos, and materials you provide to us for inclusion in your project are either owned by you or that you have obtained all necessary licences and permissions to use them. You indemnify Byte Digital against any claims arising from the use of materials you have provided.

4. Client Responsibilities

You are responsible for providing timely feedback, approvals, and content necessary for the progression of your project. We rely on your input to keep projects on schedule, and delays in receiving your feedback may result in corresponding delays to the project timeline. We will make reasonable efforts to communicate any timeline impacts, but we are not liable for delays caused by your failure to provide requested materials or approvals.

You are responsible for maintaining the accuracy of your website content after launch. While we provide content management systems and training where appropriate, the ongoing accuracy of information on your website — including pricing, service descriptions, contact details, and legal content — is your responsibility.

You must not use the website or services for any unlawful purpose, including but not limited to sending spam, distributing malware, infringing on intellectual property rights, or engaging in deceptive practices. Any breach of these requirements may result in immediate termination of services without refund.

5. Limitation of Liability

To the maximum extent permitted by New Zealand law, Byte Digital's total liability arising from or related to these Terms or our services, regardless of the cause or form of action, shall not exceed the total amount paid by you to Byte Digital in the twelve (12) months immediately preceding the claim.

Byte Digital shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of business opportunities, or reputational damage, even if we have been advised of the possibility of such damages.

We are not liable for any losses or damages resulting from circumstances beyond our reasonable control, including but not limited to internet outages, server failures, third-party service disruptions, cyber attacks, government actions, or natural disasters. We are also not liable for the actions of third-party services, plugins, or platforms that you may use in connection with your website.

6. Cancellation and Refunds

You may cancel a project at any time by providing written notice to Byte Digital. Upon cancellation, you will be invoiced for all work completed up to the date of cancellation at our standard hourly rate of $150 per hour plus GST, regardless of any fixed-price arrangement. If the value of completed work exceeds the deposit already paid, the difference is due immediately.

The initial deposit for website projects is non-refundable once substantive work has commenced. Substantive work is deemed to have commenced upon delivery of the first design mockup or development milestone. Ongoing monthly services may be cancelled with 30 days' written notice; no refunds will be provided for the current billing period.

Byte Digital reserves the right to terminate services if you fail to comply with these Terms, fail to make payment when due, or engage in conduct that we reasonably determine to be harmful to our business, reputation, or other clients. Upon termination by us for cause, no refund will be provided for deposits or prepaid fees.

7. Confidentiality

Both parties agree to keep confidential any proprietary, sensitive, or non-public information shared during the course of the engagement. This includes business strategies, financial information, customer data, technical specifications, and any other information that a reasonable person would understand to be confidential. This obligation survives the termination of these Terms for a period of two (2) years.

8. Dispute Resolution

Any dispute arising from or relating to these Terms shall first be attempted to be resolved through good-faith negotiation between the parties. If the dispute cannot be resolved within 30 days, either party may refer the matter to mediation administered by a mutually agreed mediator in Christchurch, New Zealand. The costs of mediation shall be shared equally between the parties. If mediation fails, the dispute shall be referred to arbitration in accordance with the Arbitration Act 1996 of New Zealand.

9. Governing Law

These Terms are governed by and construed in accordance with the laws of New Zealand. Both parties submit to the exclusive jurisdiction of the courts of New Zealand, and any proceedings shall be brought in Christchurch, unless otherwise agreed in writing. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

10. General Provisions

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right. Any waiver must be in writing and signed by us to be effective. These Terms constitute the entire agreement between you and Byte Digital regarding the subject matter and supersede all prior agreements and understandings.

11. Contact

For any questions about these Terms, please contact us:

Byte Digital
Christchurch, Canterbury
New Zealand
Email: barry@bytedigital.co.nz