We value our ongoing relationship with you. These Terms form the foundation of that relationship and reflect our commitment to providing diligent, efficient, and professional service to meet your needs. These Terms of Engagement (“Terms”) apply to all work we carry out for you unless otherwise agreed in writing.
The services we provide will be detailed in our proposal, statement of work, or itemized quotation.
In some cases, specific work details may also be outlined via email communication with you.
We are dedicated to ensuring that your needs are met and will:
These Terms are designed to uphold our commitment to high-quality service and ensure your satisfaction.
Unless otherwise agreed, our rates are determined by a variety of factors, including the time involved, the expertise required, the importance and urgency of the work, and the results achieved. Detailed information about our charges is available upon request.
In addition to our service fees, we charge for administrative disbursements and travel expenses incurred on your behalf. These charges will be itemized separately, and you will be notified if any fees or disbursements require advance payment.
The fees we charge or the method by which they are calculated are outlined in these terms or a subsequent quotation.
Our estimates cover design, development, unit testing, deployment, and acceptance support. These are based on our best judgment and experience.
However, it’s important to note that estimates are not guarantees. If we identify that more or less time is required than initially estimated, we will communicate with you promptly. We will work collaboratively to understand the variance, explain the reasons, and adjust the course of action based on your input and approval.
Please note that all logged hours, including those exceeding the estimate, will be billed accordingly.
In delivering our services, we may incur disbursements or make payments to third parties on your behalf. These expenses will be included in our invoice to you as they arise. In some cases, we may request advance payment to cover anticipated disbursements or expenses on your behalf.
We may require you to pre-pay certain amounts or provide security to cover our fees and expenses.
You authorize us to:
You will receive invoices and statements for the following month by the 6th day of each month, with payment due 14 days later, on the 20th. Monthly invoices, along with attached statements, will be emailed directly to your account contact.
For larger projects, fees will be divided into three installments as follows:
We invoice for digital marketing campaigns monthly and in advance. Third-party platform fees must be paid directly to the relevant platforms using a credit card, which must be set up prior to the campaign’s commencement. Upon signing your contract, your credit card will be added to your account file. You authorize us to use this card to:
Clients will be billed the agreed monthly fee for subsequent months until the contract is fulfilled.
After the initial term, if you wish to cancel your marketing services, written notice is required in accordance with your contract. If a contract is not in place, we require a minimum of four weeks’ written notice.
If cancellation occurs before the minimum contract period is completed, you agree to pay for the full campaign setup.
All assets created as part of the campaigns remain the property of Fruit Punch Digital unless purchased separately.
In specific circumstances, marketing retainers may be paused. However, we advise against pausing as it can negatively impact campaign performance, leading to lost momentum and diminished results when resumed.
If you wish to pause your retainer:
If you’d like to discuss pausing your retainer, please contact your account manager to explore your options.
Unused retainer hours may roll over for a maximum of three months.
We must be notified in writing within 5 calendar days from the date you first received the invoice.
The client shall identify the specific cause of the disagreement and shall pay when due that portion of the invoice, not in dispute.
For any queries on disputed invoices, please send to accounts via email at accounts@fruitpunch.digital or complete a dispute form https://fruitpunch.digital/invoice-dispute. Your queries will be redirected back to your account manager for resolution and where required the invoice will be amended for payment.
A late payment fee of 10% per month will be applied to all overdue accounts.
Accounts that remain unpaid for 90 days will be referred to a debt collection agency, Baycorp. The account holder will be responsible for covering all associated administration costs, collection fees, and legal expenses.
In the event of an unsatisfied debt at the conclusion of the agreement, the client agrees to be liable for and cover all costs associated with the recovery of the debt. These costs may include legal fees, commissions, collection agency fees and disbursements, as well as court filing fees and related expenses.
We use various tools designed to streamline and simplify the feedback process, enabling us to offer competitive pricing to you, our client. While it is your choice whether or not to use these tools, we reserve the right to charge for additional time if feedback is provided outside these platforms.
To carry out the agreed work, Fruit Punch Digital requires access to your website, social media profiles, and any other relevant platforms. You are responsible for providing this access promptly to avoid delays in the production of your campaign. Fruit Punch Digital will supply instructions on how to grant access when needed.
All work completed, whether experimental or finalized—such as designs, mock-ups, visuals, or other ideas—will be treated as an order and charged accordingly, regardless of whether it is accepted by the client. Any concepts not accepted remain the property of Fruit Punch Digital.
If the work does not meet your satisfaction, please notify Fruit Punch Digital within five working days so we can resolve the matter promptly.
All development work completed on behalf of a client is covered by a 3-month warranty period. During this time, we will address any issues or bugs directly related to the completed work. After this period, normal rate card fees will apply, and an estimate can be provided upon request.
To maintain the warranty, all project fees must be paid in full within 15 days after the project’s go-live date. Failure to meet this payment deadline will void the warranty.
All projects developed by Fruit Punch Digital are deployed to our hosting servers upon go-live. Hosting is charged on a monthly basis for a minimum term of 12 months. Hosting plans are available for review [here].
If you opt to host your own website, please note:
Hosting fees are non-refundable and renew automatically on a monthly or yearly basis. If you wish to cancel your hosting services, 90 days’ written notice is required.
Upon request, we will supply all website files, provided your account is in good standing. A website hosting transfer fee of $500 + GST will apply. This fee covers the preparation and supply of a website deployment package and providing necessary information to the new hosting provider.
After transferring your services to another provider, we require written confirmation from the new provider or you to confirm the transfer is complete. We will not terminate services until this final confirmation is received.
Please note:
All projects developed by Fruit Punch Digital include an SSL Certificate at the time of deployment. SSL technology establishes an encrypted link between a web server and a browser, ensuring data remains private and secure, accessible only to intended parties.
SSL Certificates are renewed annually, and the associated fees are passed on to you. Details of SSL costs can be viewed [here].
As part of our service, we register and manage domain names on behalf of our clients. We ensure domains are renewed prior to their expiry date, and you will be invoiced annually for this service.
If you wish to cancel your domain name renewal(s), you must notify us at least 4 weeks before the expiry date. To transfer your domain services, you must provide written confirmation. Upon receiving your request, we will supply the domain key (UDAI). Please note that some charges may apply for supplying the domain key.
Important: Cancelling your domain name may cause your website to go offline. Be sure to keep copies of any important files before cancelling your account with us.
If requested, we can provide duplicate code and design of a client-built website for duplication onto another domain. A 25% fixed percentage of the original project fee is required upon file supply.
If you need a copy of your website’s code for any other purpose, your account must be up to date before we can supply the files.
To ensure the security of your website and our hosting infrastructure, we do not provide third-party access to a website’s code or plugins.
However, we are happy to collaborate with third-party providers by adding the required code or plugins on your behalf. Please note that some work may incur additional charges.
When performing updates or development work on your website, we may need to update the framework, code, or plugins to their latest versions. If this is necessary, we will notify you in advance, and additional costs may apply.
This may include addressing conflicts between legacy code and updated code to ensure the website remains functional.
The content management system (CMS) of your website allows flexibility for basic content and image updates. However, it is not designed to handle updates to 100% of the website’s content.
Certain areas of the CMS may be more complex, and making changes without the necessary expertise could affect the appearance or performance of your website.
If any issues arise due to unauthorized CMS changes, additional charges may apply to revert changes and resolve problems.
Updates to the WordPress framework and plugins used in your website are not included in the original website build price. To ensure your website continues to function effectively, periodic updates are necessary. Fruit Punch Digital will contact you annually regarding these updates.
Clients are advised not to attempt these updates themselves, as doing so can result in errors and additional costs to resolve them.
You may terminate our services at any time with a 4-week written notice. Similarly, Fruit Punch Digital may terminate our services to you with the same notice period.
If any work commissioned by the client is canceled or suspended for more than 90 working days, Fruit Punch Digital will be entitled to full payment for the portion of work completed and any expenses incurred up to the date of termination.
If a project becomes stagnant, meaning Fruit Punch Digital has been unable to continue work due to client inaction for a period of 8 weeks or more, additional charges will apply to resume the project. These charges cover the time required to review the project status and re-brief the team.
You authorize Fruit Punch Digital (without further notice to you) to destroy all files and documents related to the matter 1 month after our engagement ends, unless otherwise agreed. This excludes documents held in safe custody for you or documents already converted to electronic format and supplied to you.
We will maintain the confidentiality of all information related to you or your affairs that we acquire while acting on your behalf. Such information will not be disclosed to any other party except within our agency or to individuals providing services for you.
We have a procedure in place to address client complaints, ensuring they are handled promptly and fairly.
Both parties agree to indemnify the other, including its officers, employees, and agents, against any loss, damage, claim, action, or expense (including legal costs) arising from:
This clause does not prevent us from:
If any provision of these terms is found to be invalid, void, illegal, or unenforceable, the remaining provisions will remain unaffected and enforceable.
Failure to enforce any of these terms will not be considered a waiver of our rights or obligations under these terms.
You will let us know if any of these terms are unclear or you would like to alter the terms in any way. If your request is reasonable we will redraft them to ensure you are happy.
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.