Legal
Terms of Use
These terms apply to your use of websitedesignauckland.com (the “Website”), run by Website Design Auckland, which is operated by Click and Convert Limited (“we”, “us”, “our”). By using the Website you accept these terms. If you don’t agree with them, please don’t use the Website.
These terms cover the Website itself. Any project you engage us for (website design, Google Ads, Facebook Ads, lead generation, SEO, hosting or automation) will also be covered by the written proposal or agreement for that project, which takes priority if the two differ.
1. Definitions
- “You” means any person or organisation visiting or using the Website.
- “Content” means everything on the Website, including text, images, graphics, code, logos and design.
- “Services” means the website design, digital marketing, automation, hosting and related services we offer.
2. Using the Website
You may use the Website for lawful purposes only. You must not:
- break any New Zealand law, or any other law that applies to you, when using it;
- try to gain unauthorised access to the Website, its hosting or our systems, or interfere with how they work;
- send spam, malicious code or false information through our forms;
- copy, scrape, republish or sell Content without our written permission.
If you submit an enquiry, the details you give us should be accurate and yours (or ones you are authorised to give).
3. Website content and quotes
We work to keep the Website accurate and current, but the Content is general information about our Services, not advice for your specific business. Example prices, figures, results, case studies and timeframes are indicative only. A price is only binding once we have given you a written quote or proposal and you have accepted it. Prices are in New Zealand dollars and, unless stated otherwise, exclude GST.
4. Intellectual property
The Content and the Website’s design are owned by us or used under licence, and are protected by copyright and trade mark law. Client work shown on the Website remains the property of the relevant client and is shown with permission. Fonts are used under their open-source licences. You may view and print pages for your own reference, but any other use needs our prior written consent.
5. Links to other websites
The Website may link to other sites, such as reviews, client websites or our partners. We include them for convenience; we don’t control those sites and are not responsible for their content, availability or privacy practices. Visiting them is at your own risk.
6. Notes on our services
The points below give a general idea of how we work. The full detail for any project is set out in its proposal or agreement.
Website design and development
- You are responsible for making sure any text, photos, logos or other material you give us is yours to use and doesn’t infringe anyone else’s rights.
- We build and test for current versions of the major browsers and devices. We can’t guarantee identical behaviour on outdated or unsupported browsers.
Google Ads, Facebook Ads, SEO and lead generation
- Results depend on things outside our control, including competition, search engine and platform algorithms and your market. We use proven methods, but we can’t promise particular rankings, traffic, leads or sales.
- Advertising spend is paid to the platforms (such as Google or Meta) and is subject to their terms, including their refund policies.
- Your advertising must comply with the Fair Trading Act 1986 and the advertising platforms’ policies. We are not responsible for ad rejections, penalties or account suspensions caused by your products, claims or content.
Automation and integrations
- Timelines depend on timely feedback, approvals and content from you, and on any agreed changes to scope.
- Third-party tools we connect to (such as CRMs, booking systems, payment providers or AI services) are governed by their own terms. We are not responsible for their outages, changes or data handling.
- Updates, fixes and improvements after launch are covered only if they are in your agreement or a support plan.
Hosting and support
- We aim for very high uptime but can’t guarantee uninterrupted availability, for example during maintenance or a provider outage.
- We take regular backups, but you should keep your own copy of anything important.
- We apply sensible security measures, but no website can be made immune to attack. Please use strong passwords and keep your logins private.
- If hosting ends, we keep your files for a limited period only. Ask us for a copy before cancelling; after that period, data may be permanently deleted.
7. Consumer law
Nothing in these terms limits any rights you have under the Consumer Guarantees Act 1993, the Fair Trading Act 1986 or any other law that cannot be excluded. Where you acquire our Services for the purposes of a business, you agree that, to the extent permitted by law, the Consumer Guarantees Act 1993 does not apply, and that it is fair and reasonable for the parties to be bound by this clause (as allowed by section 43 of that Act).
8. Limitation of liability
Subject to section 7, the Website is provided on an “as is” and “as available” basis. We don’t promise that it will always be available, free of errors or free of viruses. To the fullest extent the law allows, we are not liable for any indirect or consequential loss, or for any loss of profit, revenue, data or opportunity, arising from your use of, or inability to use, the Website or its Content. Where our liability cannot be excluded but can be limited, it is limited to supplying the relevant Services again or paying the cost of having them supplied again.
9. Privacy
How we handle information you give us through the Website is explained in our Privacy Policy, which forms part of these terms.
10. Events outside our control
We are not responsible for any delay or failure caused by events beyond our reasonable control, such as natural disasters, power or internet outages, failures of third-party providers, cyber attacks, pandemics or government action.
11. Changes to these terms
We may update these terms from time to time by posting a new version on this page. The date at the top shows when they were last updated. Continuing to use the Website after a change means you accept the updated terms.
12. Governing law
These terms are governed by the laws of New Zealand, and the New Zealand courts have exclusive jurisdiction over any dispute about them.
13. Contact us
Website Design Auckland
Operated by Click and Convert Limited
Email: spiro@kwd.co.nz
Phone: 027 667 7661
Postal address: [Street address], Auckland [Postcode], New Zealand