Terms & conditions.

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

• All prices are in New Zealand dollars and exclude GST unless stated otherwise.
• Setup fees are charged before the build starts. Every monthly fee, including the first, is charged before the month it covers.
• Ads management is charged per campaign. The first month's fee for a campaign is charged before the build and covers the build and the first month live. There is no separate setup fee for ads.
• Ad spend is always the Client's money and is never included in a Hyper Digital fee. It is paid either through the Client's own ad account or, where we run the account, billed to the Client at cost.
• Fees already paid are not refunded except under a guarantee below.
• 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.

Term and cancellation

Every plan is month to month, with no minimum term and no notice period. Either party may cancel at any time. Cancellation takes effect at the end of the month already paid for: we finish that billing cycle, make no further charges, and nothing further is owed. Fees already paid are not refunded except under a guarantee below. Existing clients stay on their current price and inclusions until they add or remove a product, at which point current pricing applies. Clients may upgrade at any time and the difference is credited.

Guarantees

• Ads management: we agree a monthly lead target for each campaign with the Client, in writing, at onboarding. If a campaign does not reach its target in the first 60 days, we waive our management fee for that campaign until it does. The guarantee applies per campaign. Ad spend, and any website, hosting, system or AI services the Client is on with us, remain payable while a fee is waived.
• Websites: cancel for any reason within 30 days of purchase and we refund the setup fee and the first monthly fee in full. The site and its content then stay with Hyper Digital.

Ownership and hand-over

• Domain names, Google Business Profiles and customer data remain the Client's at all times.
• When a website plan ends we transfer the site files and email accounts to the Client, along with the domain name if it was transferred to us. Setting the site up to run on the Client's own hosting and accounts (hosting, email delivery, APIs and similar services) is a one-off service of $997 +GST.
• Advertising accounts we created for the Client are transferred on written request when a plan ends. Otherwise campaigns are stopped at the end of the paid month.
• When the System (our automation platform) ends, the account closes at the end of the paid month. A contact export is supplied on request.
• Setup fees already paid are credited when a Client upgrades to the full stack or adds a product.

Inclusions and fair use

• Website plans include up to 2 hours a month of content updates to existing pages (text, photos, prices, hours, a post the Client writes). New pages, redesigns and new features are quoted separately. Unused time does not roll over.
• The System includes 100 AI voice minutes a month. Use beyond that is charged at $0.49 +GST a minute.
• Ads management covers one platform and one channel per campaign. Ad spend above $10,000 a month in a single campaign is priced separately by agreement.

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.

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