Terms & Conditions

These terms and conditions apply to all services provided by Media Giant ("we", "us"), a digital marketing agency based in Wellington, New Zealand, to the client ("you"). By engaging us, you agree to these terms. A signed proposal or written acceptance by email forms the agreement between us, together with these terms. Where your proposal and these terms conflict, your proposal wins.

Last updated: 26 July 2026.

Our services

We provide digital marketing services including AI-assisted website design and hosting, Shopify eCommerce builds, AI blogging and content, SEO and link building, AI-managed Google Ads, social media production and management, and reporting and analytics. The specific services, deliverables and pricing for your engagement are set out in your proposal or package selection.

We will perform the services with reasonable skill and care. Marketing outcomes such as rankings, traffic and sales depend on many factors outside our control, including what your competitors do and how the platforms change. We report openly on results and we do not guarantee specific outcomes.

Quotes and estimates

Written quotes are valid for 30 days from the date we send them. Work outside the scope described in your proposal, including design changes after you have signed off, is quoted separately or charged at our standard hourly rate. We will tell you before we start anything chargeable.

Fees and billing

All prices are quoted exclusive of GST, which is added to invoices at the prevailing rate. Invoices are payable within 14 days of the invoice date unless your proposal says otherwise. Third-party costs such as advertising spend, domain names, platform fees and paid app subscriptions are payable by you and are additional to our fees unless stated otherwise.

There are two ways to pay for a website build:

• Upfront. You pay the build fee once, then a monthly fee covering hosting, SSL and support. Changes after launch are charged at our standard rate for time and materials.
• Monthly. You pay no build fee. The cost of the build is spread across the first 12 months of your monthly fee, and hosting, SSL, updates and support are included for as long as the plan runs.

On the higher monthly plans we waive the build fee entirely. Ongoing services such as Google Ads management, SEO and link building are billed monthly in advance. Social media production is billed quarterly in advance, because the work is delivered as a quarterly shoot and content cycle.

If an account remains unpaid after the due date, we may pause work and suspend services until payment is received. We will contact you before we do.

Term and cancellation

Website packages have an initial term of 12 months from the date your website goes live. After the initial term the package continues on an open term, and either party may end it with one month's written notice. Services described as open term, including Google Ads management, SEO and link building, may be cancelled at any time with one month's written notice. Social media runs to the end of the quarter you have paid for.

If you cancel a website package during the initial term, the unpaid balance of the build becomes payable. On a monthly plan that is the remaining build cost spread across the term. On a plan where the build fee was waived, it is the standard build fee for the site we produced. This is because the build, content and photography are delivered in the first weeks and paid for across the year.

We may end the agreement on one month's notice, or immediately if you breach these terms and do not fix it within 14 days of us asking. If we end it without cause, we refund any fees you have paid for services not yet delivered.

Your responsibilities

We need timely feedback, approvals and access to keep a project moving. Where we are waiting on you for more than 30 days, we may pause the project and invoice for the work completed to that point. Content you supply must not infringe anyone else's rights and must comply with New Zealand law, including the Fair Trading Act 1986 and the advertising standards codes.

Content and ownership

You retain ownership of all content you supply to us, including your logos, images, text and product data.

On payment of all fees due, you own the website content we created for you, including the copy, and you have an unlimited, perpetual licence to use the final edited photography and video we produce for you, on your website, in your advertising and on your social channels. We retain the raw and unedited camera files, along with our internal tools, processes, templates and reporting systems. We may use the finished work in our own portfolio and case studies unless you ask us in writing not to.

Where your site is built on a third-party platform such as Shopify, that platform's own terms also apply to your use of it, and its fees are yours to pay.

AI-assisted work

We use AI tools as part of how we build sites and produce content, which is how the work is fast and why it costs what it does. A person reviews everything before it is published or launched. You own the output we deliver to you on the same basis as any other work under these terms.

AI-generated material cannot always be guaranteed original or accurate, which is why we review it. If you spot something wrong in anything we publish for you, tell us and we will correct it at no charge.

Hosting and support

Where we host your site we target 99% uptime measured monthly, excluding scheduled maintenance and events outside our control. We will give you notice of scheduled maintenance where we can. Support is available on business days from 8.30am to 5.30pm New Zealand time, and we aim to respond within one business day.

Materials you send us, including printed matter, product samples and storage media, are held at your risk and we recommend you keep your own copies.

Acceptable use

You agree not to use our services for anything unlawful, deceptive or harmful. This includes content that is misleading, defamatory or infringing, sending unsolicited bulk messages, and any activity that breaches the rules of the platforms we work with, such as Google and Meta. We may decline or stop work that we reasonably believe breaches this section, and we will tell you why.

Liability

To the maximum extent permitted by law, our total liability arising out of or in connection with the services, whether in contract, tort or otherwise, is limited to the fees you paid us in the three months before the event giving rise to the claim. We are not liable for indirect or consequential loss, including loss of profits, revenue or data.

Nothing in these terms limits rights you may have under the Consumer Guarantees Act 1993 where the services are acquired for personal use, or any other rights that cannot lawfully be excluded. If you acquire the services for business purposes, the Consumer Guarantees Act 1993 does not apply.

You indemnify us against claims arising from content you supply, from your use of the services in breach of these terms, or from your breach of any law.

Events outside our control

Neither party is liable for failing to perform where the cause is outside its reasonable control, including natural disaster, war, civil emergency, industrial action, failure of a third-party platform, or loss of power or internet at a national level. If that situation runs for more than 60 days, either party may end the agreement without penalty.

If something goes wrong

Tell us. Complaints should be raised in writing within 30 days of the work in question so we can look at it while everyone still remembers the detail. We will respond within 10 business days.

If we cannot resolve a dispute between us, both parties agree to attempt mediation before starting court proceedings, with the mediator agreed between us or appointed by the Arbitrators and Mediators Institute of New Zealand. This does not stop either party seeking urgent relief from a court.

After the agreement ends

On termination we will provide a copy of your website content and give you a reasonable handover period to move to another provider. We may delete data held on your behalf 90 days after the agreement ends, so please take your copy before then. Any accrued fees remain payable.

Confidentiality and privacy

Each party will keep the other's confidential information confidential and use it only for the purposes of the engagement. Our handling of personal information is described in our Privacy Policy.

Changes to these terms

We may update these terms from time to time. The current version will always be published on this page, and material changes will be notified to active clients. Changes do not apply retrospectively to an initial term already in progress.

Governing law

These terms are governed by the laws of New Zealand, and the New Zealand courts have non-exclusive jurisdiction over any dispute arising from them.

Contact

Questions about these terms are welcome. Contact Media Giant, Wellington, New Zealand, or email hello@mediagiant.co.nz.