Terms & conditions.
The terms that apply when you engage Hyper Digital for work.
These terms and conditions apply to all services provided by McAuliffe Holdings Limited trading as Hyper Digital ("Hyper Digital", "we", "us" or "our"), a New Zealand company. By accepting a proposal or order, you ("the Client") agree to these terms.
Acceptance and proposals
These terms become binding once an order is accepted. Proposals are valid for 30 days from the date they are issued. Any changes to an accepted proposal require our written consent.
Payment
- Invoices are due by the 20th of the month following the invoice date.
- Overdue balances may incur a fee of 2% per month, with a minimum of $25.
- Work may be paused if payment lapses.
- No intellectual property transfers to the Client until payment is made in full.
Changes and scheduling
Additional changes outside the agreed scope are billed at our hourly rate. Substantive changes that increase the scope of work by 15% or more require a new proposal.
Intellectual property
- The Client retains ownership of any content they provide to us.
- Copyright in the final delivered work is assigned to the Client once payment is made in full.
- Preliminary works, drafts and concepts remain the property of Hyper Digital.
- Tools and licences used to create the work are licensed to the Client but are not transferable.
Liability and warranties
We provide limited warranties and exclude liability for consequential damages to the extent permitted by law. The Client indemnifies Hyper Digital against third-party claims arising from the Client's content or use of the work. Nothing in these terms limits rights under the Consumer Guarantees Act or other New Zealand law that cannot be excluded.
Termination
Either party may terminate the engagement. On termination, the Client is responsible for compensation covering the services rendered to that point, plus any expenses incurred.
Dispute resolution and governing law
These terms are governed by New Zealand law. Disputes are to be worked through by negotiation, then mediation, and then arbitration where required.
Privacy
How we handle the information you share with us is set out in our privacy policy.
Contact us
McAuliffe Holdings Limited t/a Hyper Digital
Napier, Hawke's Bay
Phone: 027 666 1973
Email: sales@hyperdigital.nz