Terms & Conditions

These terms explain how you can use nobrainer.co.nz and how we work with the businesses we design, build and market for. They are written in plain English. If anything is unclear, ask us before you sign up and we will explain it.

01About these terms

“No Brainer”, “we”, “us” and “our” mean No Brainer Limited, a New Zealand company based in Auckland. “You” means the person or business using our website or our services.

By using our website or engaging our services you agree to these terms. If we give you a written proposal, quote or service agreement, that document sets out the specific scope, price and timing for your project and takes priority over these terms where the two differ.

02Using our website

• Use the website lawfully and do not try to disrupt, copy at scale, or gain unauthorised access to it or the systems behind it.

• We keep the content on this website accurate and up to date, but it is general information, not professional advice for your specific situation.

• Links to other websites are provided for convenience. We are not responsible for their content or practices.

03Our services

We provide web design and development, SEO, Google and Meta advertising, CRM and automation, branding, graphic design, photography, video and related creative services. What is included in your project is set out in your proposal or quote.

To keep projects on track, you agree to:

• Give us accurate information and the content, logins and approvals we need, in a reasonable time.

• Make sure you have the rights to any text, images, logos or other material you give us to use.

• Review work we send you and give clear, consolidated feedback.

Timelines depend on receiving content and feedback on time. Extra work outside the agreed scope is quoted separately before we start it.

04Free website programme

From time to time we offer a free website to selected local businesses. Unless we agree otherwise in writing:

• The free website is a custom one-page site, built to be mobile friendly, fast and set up with an SEO-ready structure and a contact form, as described on our Free Websites page.

• There is no charge for the design and build. Hosting is billed monthly at the rate shown on the Free Websites page at the time you sign up.

• Places are limited and offered at our discretion. We may decline or close applications at any time.

• Additional pages, features, copywriting, branding, SEO, advertising or ongoing changes are optional extras and are quoted separately.

• You supply the business details and content for the site and confirm you have the right to use it.

05Fees and payment

• Fees are set out in your proposal, quote or invoice. Prices are in New Zealand dollars and exclude GST unless stated otherwise.

• Invoices are payable by the due date shown on them. Recurring services such as hosting, Website Care, SEO and marketing retainers are billed in advance each month.

• Advertising spend on platforms like Google and Meta is separate from our management fee and is paid by you, either directly to the platform or as invoiced.

• If an invoice remains unpaid after reminders, we may pause work, hosting or campaigns until the account is up to date.

06Hosting and Website Care

We host websites on reputable third-party infrastructure and take reasonable steps to keep them secure, backed up and available. Like any online service, we cannot guarantee uninterrupted access, and planned maintenance or provider outages may occasionally affect your site.

You can end a recurring hosting or care service by giving us written notice in line with your agreement. Once your account is paid up, we will help you move your website and domain to a new provider.

07Ownership and intellectual property

• Unless your agreement says otherwise, once you have paid in full you own the final, approved deliverables we create specifically for you, such as your logo and website design.

• Third-party items such as fonts, stock images, themes and plugins remain subject to their own licences.

• We keep ownership of our own tools, templates, processes and pre-existing code, and grant you the right to use them as part of your deliverables.

• We may show completed work in our portfolio and case studies. Tell us if you would prefer we did not.

08Results and third-party platforms

We work hard to grow your traffic, leads and sales, but no honest agency can guarantee specific rankings, leads or revenue. Search engines, social platforms and advertising networks change their rules and algorithms outside our control, and results also depend on your market, budget and offer.

09Liability

Where our services are acquired for business purposes, the parties agree that the Consumer Guarantees Act 1993 does not apply, and it is fair and reasonable for the parties to be bound by this clause. Nothing in these terms limits any rights you have under New Zealand law that cannot be excluded.

To the extent permitted by law, we are not liable for indirect or consequential loss, such as lost profits or data, and our total liability for any claim is limited to the fees you paid us for the specific service that gave rise to the claim.

10SMS and messaging consent

Customers visit https://nobrainer.co.nz/ and open the website chat widget. They enter their name, phone number, and message, then actively select the unchecked consent checkbox authorising No Brainer Limited to send promotional SMS messages. The disclosure explains that consent is optional, message frequency varies, message and data rates may apply, and users may reply STOP to unsubscribe or HELP for assistance.

Consent to receive marketing messages is not a condition of buying any of our services.

11Privacy

We handle personal information in line with the Privacy Act 2020 and our Privacy Policy.

12Changes to these terms

We may update these terms from time to time. The latest version will always be on this page, with the date it was last updated. Changes do not affect work already agreed in a signed proposal.

13Governing law

These terms are governed by the laws of New Zealand, and the New Zealand courts have exclusive jurisdiction.

14Contact us

Questions about these terms? Email [email protected] and we will get back to you.