Fruit Punch Digital Ltd – Terms & Conditions
Effective: 08/05/2025
We value our ongoing relationship with you. These Terms of Engagement (“Terms”) establish the foundation of our professional relationship and outline our commitment to delivering high-quality, tailored digital services.
By engaging our services, you confirm that you have read, understood, and agreed to these Terms, alongside all applicable supporting policies listed below.
These Terms should be read in conjunction with the following documents, which form part of your agreement with us:
These Terms apply to all services provided by Fruit Punch Digital Ltd, whether for individual projects or ongoing retainers, unless otherwise agreed in writing. Any variations must be confirmed in writing by both parties.
We provide the following core services:
These services are governed by service-specific agreements. Details of each engagement, including scope and deliverables, will be outlined in a proposal or statement of work.
Specific terms such as revisions, project stages, warranty periods, and hosting limitations (e.g. plugin access or export restrictions) may be outlined in relevant service agreements or the Website Hosting Policy.
We may expand our service offerings from time to time. Any new services provided will be subject to these Terms unless otherwise agreed.
We are committed to:
We provide structured client support through our support portal:
fruitpunch.digital/customer-support.
All requests must be submitted via this portal to ensure they are prioritised and tracked appropriately.
When submitting a request, you’ll be asked to select a priority level:
Support hours are Monday to Friday, 9:00am to 5:00pm NZST. Requests outside these hours will be treated as received the next business day.
Urgent after-hours support may be available on a case-by-case basis and may incur additional fees. These requests must be clearly marked as High priority.
Please note: If a request is marked as High but is later deemed non-urgent by our team, we reserve the right to downgrade its priority and apply standard response times. Repeated misuse of priority levels may result in additional charges or restricted support access.
Basis of Charges
Fees are determined based on factors such as time, expertise, complexity, and urgency. Specific pricing will be detailed in your individual proposal or agreement.
Invoicing
Disbursements
We may incur third-party costs on your behalf (e.g. software licences, plugins, or advertising). These will be invoiced as incurred, and may require prepayment. Our use of cookies and tracking technologies is further outlined in our [Cookie Policy].
For more details on invoicing, payment methods, and refunds, please refer to our Payment & Billing Policy and Refund & Cancellation Policy. Certain services (such as website design) may involve staged payments (e.g., 50% deposit upfront), which are detailed in the applicable service agreement.
We will maintain the confidentiality of all information obtained while providing our services, except where disclosure is required to carry out the work or comply with legal obligations. Our data handling practices are further detailed in our Privacy Policy.
You agree to indemnify us against any claims, losses, or liabilities resulting from:
We will also indemnify you against losses caused by our breach of these Terms, subject to any limitations in the service agreement.
Unless otherwise agreed in writing, all intellectual property rights in the deliverables remain the property of Fruit Punch Digital Ltd until full payment has been received. Upon full payment, you will be granted a non-exclusive, royalty-free licence to use the deliverables for your intended business purposes.
You agree to provide timely access to information, approvals, and any necessary content required to complete the services. Delays in providing requested material may impact timelines and delivery.
Our services may involve the use of third-party platforms or tools. While we take reasonable steps to work with reliable providers, we are not liable for any downtime, data loss, or service disruptions caused by third-party services.
We reserve the right to engage subcontractors or external specialists to fulfil parts of the project, provided we remain responsible for the quality and delivery of the services.
While we take reasonable precautions to safeguard client data, you are responsible for maintaining your own backups unless otherwise agreed in writing. We are not liable for loss of data due to external factors beyond our control.
To the fullest extent permitted by law, our total liability to you for any claim related to our services is limited to the amount you paid to us in the three (3) months preceding the claim.
In the event of a dispute, both parties agree to:
This does not limit our right to:
We are not liable for any failure or delay in performance due to events beyond our reasonable control, including but not limited to natural disasters, pandemics, internet outages, or governmental restrictions.
We handle complaints respectfully and promptly. In the first instance, please raise your concern with your project lead. If you’re unsatisfied, escalate the matter to a senior team member. For full procedures, please refer to our [Contact & Complaints Policy].
Pausing or cancelling services may be subject to notice periods and limitations depending on the type of service. Please refer to your service agreement (e.g., Website Design Services Agreement) for specific terms.
Hosting services in particular are governed by their own cancellation and refund policies, including a 90-day notice period and non-refundable terms, as outlined in the Website Hosting Policy.
If any part of these Terms is unclear or unsuitable to your circumstances, please contact us. We’re happy to clarify or, where appropriate, revise terms to meet mutual expectations.
Our Auckland based team have extensive experience across most aspects of digital marketing and are ready to help you put together a strategy that doesn’t break the bank, while making you bank.