Terms and conditions
Last updated: 3 June 2026
These terms and conditions (“Terms”) apply to your use of tepuke.digital (the “Website”) and to services supplied by Te Puke Digital (“we”, “us”, “our”), a digital studio based in Te Puke, Bay of Plenty, New Zealand.
By using the Website or engaging our services, you agree to these Terms. If you do not agree, do not use the Website or our services.
1. Who we are
Te Puke Digital
Te Puke 3112, Bay of Plenty, New Zealand
Email: [email protected]
Phone: 0274 144 280
Website: tepuke.digital
Services include, without limitation: web design and WordPress development, SEO and related marketing support, photography and videography, content and storytelling, hosting guidance, and digital platform work for businesses and community projects.
2. How these Terms work with your quote
These Terms are our standard conditions. When you accept a quote, proposal, invoice, or written statement of work (“Project Agreement”), that document forms part of your contract with us.
If there is a conflict between these Terms and a Project Agreement, the Project Agreement prevails for that project — except where New Zealand law does not allow us to limit your statutory rights.
Nothing in these Terms creates a partnership, joint venture, or employment relationship.
3. Using the Website
You may use the Website for lawful personal or business purposes. You must not:
- attempt to gain unauthorised access to our systems, accounts, or data;
- introduce malware, spam, or harmful code;
- scrape, harvest, or systematically copy content without our written permission;
- use the Website in any way that infringes law or third-party rights;
- misrepresent your affiliation with Te Puke Digital.
We may suspend or restrict access to the Website at any time for maintenance, security, or abuse prevention.
4. Website content and intellectual property
Unless stated otherwise, all content on the Website (text, design, graphics, logos, photographs, video, code, and layout) is owned by Te Puke Digital or our licensors and is protected by copyright and other intellectual property laws.
You may view and print pages for personal reference. You must not copy, republish, adapt, or commercially exploit Website content without our prior written consent.
Our portfolio may display work we created for clients. Client names, logos, and materials may remain the property of those clients. Rights in delivered client projects are set out in the relevant Project Agreement, not by viewing the portfolio.
5. Information on the Website
We aim to keep information accurate and useful, but we do not warrant that content on the Website is complete, current, or error-free. Service descriptions, examples, and indicative pricing may change without notice. Always confirm scope and price in a written quote before relying on Website content.
6. Enquiries, consultations, and free audits
Submitting a contact form, email, or request for a free SEO audit does not create a client relationship or obligation for us to provide services until we agree in writing (email confirmation or formal quote).
We may decline any enquiry or project at our discretion. Advice given before a Project Agreement is general information only, not professional advice tailored to your situation.
7. Engaging us for paid services
Unless your Project Agreement states otherwise, the following apply to paid work:
7.1 Scope and changes
Work is limited to the scope described in your quote or statement of work. Requests outside scope (“out of scope”) may require a new quote or additional fees. We will tell you before carrying out chargeable extra work where practicable.
7.2 Quotes and acceptance
Quotes are valid for the period stated on the quote (or 30 days if not stated). Acceptance may be by signed quote, email confirmation, or payment of a deposit or invoice as requested.
7.3 Payment
- Prices are in New Zealand dollars unless stated otherwise.
- GST applies where we are registered and required to charge it.
- Payment terms are on the invoice (commonly due on receipt or as staged for larger builds).
- We may pause work, withhold deliverables, or withdraw licences (see section 10) if invoices are overdue.
- You are responsible for bank fees or currency costs unless we agree otherwise.
7.4 Deposits and cancellations
Deposits and cancellation terms are set out in your Project Agreement and our Refund and Returns Policy. Deposits may be non-refundable once work has started, as described in that policy.
7.5 Your responsibilities
You agree to:
- provide accurate information and timely approvals;
- supply content, credentials, brand assets, and access (hosting, DNS, WordPress admin, etc.) when requested;
- ensure you have rights to all materials you give us (text, images, logos, music, data);
- review deliverables promptly and report issues within a reasonable time;
- maintain backups of your site and data where you control hosting — we are not responsible for loss caused by your host, plugins, or failure to back up unless we host under a separate agreement.
Delays caused by late client input may extend timelines and may incur additional fees for reserved time (e.g. shoots, sprint weeks).
7.6 Third-party products and costs
Domains, hosting, premium plugins, stock assets, advertising spend, email platforms, and similar costs are usually billed separately unless included in your quote. We are not responsible for third-party price changes, outages, policy changes, or account suspensions.
7.7 Subcontractors
We may use trusted subcontractors or specialists for parts of a project. We remain responsible to you for work we subcontract unless your Project Agreement says otherwise.
8. Web design and development
Unless agreed in writing:
- we deliver websites and features as specified in the Project Agreement;
- “launch” means making the site live on agreed hosting — not ongoing unlimited support unless a care plan is purchased;
- browser and device testing covers major current browsers and common mobile sizes, not every legacy device;
- you are responsible for ongoing updates to WordPress, themes, and plugins after handover unless you purchase maintenance;
- we do not guarantee specific business results (sales, leads, or rankings) from a website alone.
After handover, changes, fixes, or new features may be quoted at our then-current rates.
9. SEO and digital marketing services
SEO and related services (including monthly retainers, audits, and content plans) are subject to these Terms and your Project Agreement.
No ranking guarantees. Search engine rankings depend on competitors, algorithms, your industry, site history, and factors outside our control. We do not guarantee specific positions, traffic levels, or revenue unless explicitly stated in writing in a Project Agreement — and even then, such guarantees are subject to the stated conditions.
Monthly plans. Recurring SEO services are typically month-to-month. Cancellation is effective before the next billing cycle unless your quote states a minimum term.
Your cooperation. SEO may require access to Search Console, analytics, and your site. Delays in granting access may delay results.
Third parties. We are not liable for actions of Google, Bing, hosts, or plugin vendors (including penalties or de-indexing caused by your past practices or content you supply).
10. Photography, videography, and media licensing
This section applies to all photographs, video, audio, and related media we create or supply (“Media”).
10.1 Copyright
Unless we assign copyright to you in writing, Te Puke Digital and/or Stephen Fawcett retain copyright in all Media we create. You receive a licence only, as set out below.
10.2 Grant of licence
When we supply Media, we grant you a non-exclusive licence limited to the uses, channels, territory, and duration stated in your quote, invoice, or Project Agreement. You must not use Media outside that scope without our prior written consent.
10.3 Collaboration and future-work arrangements
If we provide Media in connection with an ongoing collaboration, partnership, mutual promotion, volunteer arrangement, or an understanding that work will continue into the future (whether fully documented or not), any licence we grant is conditional on that relationship continuing in good faith and on the terms we agreed.
If the collaboration ends, is paused, or you stop engaging with us as agreed, our licence to you may end or be narrowed — even if files were delivered earlier.
10.4 Withdrawal, suspension, or narrowing of licence
We reserve the right, at our sole discretion, to withdraw, suspend, or narrow any licence (in whole or in part) where we reasonably consider it appropriate, including if:
- the collaboration or future-work arrangement has ended, or you continue using Media after it has ended;
- you use Media outside the agreed scope, duration, or channels;
- you fail to pay an invoice or breach these Terms or a Project Agreement;
- continued use would misrepresent our relationship, damage our reputation, or imply ongoing endorsement we have not given;
- we ask you to stop or change use and you do not comply within a reasonable time (typically 7 days unless urgent).
10.5 Effect of withdrawal
On written notice from us, you must promptly cease affected uses, remove our Media from channels under your control where reasonably practicable, and confirm in writing that you have complied. We may require evidence of removal for high-visibility uses.
10.6 Paid, defined licences
If you have paid in full for a specific written licence (for example perpetual use on your own website only), we will honour that licence as stated in your Project Agreement. Withdrawal does not override a fully paid, clearly defined licence except where you breach those terms or use Media outside the defined scope.
10.7 Raw files, edits, and archives
Unless included in your quote, we are not obliged to supply raw camera files or project files. We may archive or delete project files after a reasonable period (typically 12 months after delivery) unless you purchase extended storage in writing.
10.8 People, property, and releases
You are responsible for obtaining permissions for locations, private property, and identifiable people where required. We may refuse or stop a shoot if permissions are unclear.
10.9 Our portfolio and promotion
Unless your Project Agreement says otherwise, we may display work (including Media) in our portfolio, on the Website, and in marketing. Confidentiality or no portfolio use must be agreed in writing before the shoot or project starts.
10.10 Moral rights and credit
Where permitted by law, you agree not to assert moral rights in a manner that prevents our reasonable portfolio and promotional use. Credit may be requested on substantial editorial or campaign uses unless waived in writing.
11. Content, storytelling, and materials you provide
You warrant that content you supply is accurate, lawful, and that you have the right to use and license it to us for the project. We may refuse to publish content we reasonably consider unlawful, misleading, harmful, or damaging to our reputation.
12. Confidentiality
We will use reasonable care to protect your non-public business information shared for a project. You agree not to disclose our non-public pricing, methods, or unpublished creative concepts without consent.
13. Warranties and Consumer Guarantees Act
We will perform services with reasonable care and skill. If you are a consumer under the Consumer Guarantees Act 1993 (CGA), nothing in these Terms excludes rights or remedies that cannot be excluded by law. For business clients where the CGA does not apply, implied warranties are excluded to the fullest extent permitted except as in your Project Agreement.
14. Limitation of liability
To the fullest extent permitted by New Zealand law, we are not liable for indirect or consequential loss from Website use. For paid services, our total aggregate liability for any claim is limited to the greater of NZD $500 or the fees you paid us for the relevant project or service in the 12 months before the claim. Refund rights are in our Refund and Returns Policy.
15. Indemnity
You indemnify Te Puke Digital and our personnel against claims arising from materials you supply, your breach of these Terms, use of Media outside the agreed licence, or your products and conduct, except to the extent caused by our negligence or wilful misconduct.
16. Disputes
Contact us first at [email protected]. These Terms are governed by the laws of New Zealand. Courts of New Zealand have non-exclusive jurisdiction. We may seek urgent injunctive relief for unauthorised use of Media.
17. Force majeure
We are not liable for delay or failure caused by events outside our reasonable control, provided we notify you where practicable and resume when possible.
18. Privacy
See our Privacy Policy.
19. Changes to these Terms
We may update these Terms on this page. For existing paid projects, the Terms at quote acceptance apply unless we agree otherwise in writing.
20. General
- Entire agreement: Project Agreement plus these Terms and linked policies.
- Severability, no waiver, assignment as standard.
- Not legal advice: For large campaigns or complex licensing, use a lawyer-reviewed agreement.
Related policies:
Privacy policy ·
Refund and returns policy ·
Contact