Wild Sea Creative – Terms of Trade
Effective Date: 11/2/2024
Business Name: Wild Sea Creative Limited
Location: Nelson, New Zealand
Contact: contact@wildseacreative.co.nz | www.wildseacreative.co.nz
These Terms of Trade (“Terms”) apply to all work carried out by Wild Sea Creative Limited (“Wild Sea Creative”, “we”, “us”, or “our”) for our clients (“you” or “your”), unless otherwise agreed in writing.
1. Acceptance of Terms
1.1 By accepting a quote, signing a proposal, paying an invoice, or engaging our services in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms.
1.2 These Terms override any terms and conditions of your own, unless otherwise agreed in writing.
2. Services & Scope
2.1 The scope of work, timelines, and deliverables will be outlined in a written proposal or quote provided by Wild Sea Creative.
2.2 Any additional work requested outside the agreed scope will be quoted separately and billed as a variation.
2.3 We reserve the right to refuse services that breach our values, ethics, or New Zealand law.
3. Pricing & Payment
3.1 All prices are quoted in NZD and are exclusive of GST unless otherwise stated.
3.2 A 50% deposit may be required for new projects over $1,000 + GST, with the balance due upon completion or according to agreed milestone billing.
3.3 All invoices are payable within 7 calendar days of the invoice date, unless stated otherwise.
3.4 Late payments may incur:
A one-off 20% administrative penalty fee for overdue accounts past 30 days;
Suspension or termination of services.
3.5 You are liable for any debt collection, legal, or enforcement costs incurred in recovering unpaid amounts.
4. Intellectual Property
4.1 Ownership of all intellectual property (including but not limited to designs, strategies, copy, visuals, digital assets, and code) remains with Wild Sea Creative until full payment is received.
4.2 Upon full payment, you are granted a non-exclusive, non-transferable licence to use the deliverables for the agreed purpose.
4.3 We reserve the right to use completed work for our portfolio, marketing, or promotional purposes unless a non-disclosure agreement (NDA) is signed.
5. Client Responsibilities
5.1 You agree to provide timely feedback, content, assets, approvals, and access required to complete the project.
5.2 Delays in providing information may result in project timelines being pushed back and additional charges for rebooking or rescheduling work.
5.3 You warrant that any materials or content you provide do not infringe on any third-party rights or intellectual property.
6. Revisions & Changes
6.1 Quotes include a specific number of revisions as outlined in your proposal. Revisions beyond this may incur additional charges.
6.2 Significant changes in direction after project commencement may result in additional costs and a revised timeline.
7. Cancellation & Termination
7.1 You may cancel the project at any time in writing and give 30 days notice. Work completed to date will be invoiced in full and must be paid within 7 days.
7.2 We reserve the right to terminate the agreement if:
You breach these Terms;
Payment is not received by the due date;
Communication ceases for more than 30 days without mutual agreement.
8. Liability & Disclaimers
8.1 We provide services with due care and skill but do not guarantee specific results (e.g. rankings, engagement, conversions) unless expressly stated in writing.
8.2 We are not liable for:
Losses caused by third-party platforms or providers (e.g. Meta, Google, hosting platforms);
Delays caused by your failure to provide information or approvals;
Loss of profit, goodwill, data, or indirect damages.
8.3 Our total liability under this agreement is limited to the total amount you have paid for the services in the preceding 3 months.
9. Confidentiality
9.1 Both parties agree to keep all confidential information (sensitive and private business data, client info, strategy, etc.) strictly confidential and not disclose it to third parties without consent.
9.2 This obligation continues indefinitely beyond the termination of services.
10. Force Majeure
10.1 We are not liable for failure or delay in performing our obligations if it is caused by circumstances beyond our control, including but not limited to acts of God, natural disasters, pandemics, cyber-attacks, strikes, or government restrictions.
11. Governing Law
11.1 These Terms are governed by the laws of New Zealand. Any disputes will be resolved under New Zealand jurisdiction.
12. Updates to Terms
12.1 We may update these Terms from time to time. The latest version will always be available on our website. Continued engagement with our services constitutes acceptance of the current version.
Questions?
If you have any questions about these Terms, get in touch via contact@wildseacreative.co.nz