Terms of Service
The terms that apply when you use our website or buy services from No Brainer Limited.
These Terms of Service (“Terms”) apply when you use https://nobrainer.co.nz/ or buy services from No Brainer Limited (“No Brainer,” “we,” “us,” or “our”), an Auckland, New Zealand company. By using our website or engaging us, you agree to these Terms. If we sign a proposal, quote or written agreement with you, that document applies together with these Terms, and if they conflict, the signed document wins.
01Our Services
We provide digital marketing, web design and development, SEO, Google and Meta advertising, branding, graphic design, photography, print design, and related creative services. The scope, deliverables, timeline and price of each project are set out in our quote, proposal or order confirmation (the “Quote”).
02Quotes, Orders and Changes
A Quote is valid for 30 days unless it says otherwise. Work starts once you accept the Quote in writing (email is fine) and pay any deposit due.
Work outside the agreed scope, or extra rounds of revisions beyond those in the Quote, is a variation. We will quote it before we start, and it is charged at our then-current rates.
Timelines depend on you giving us feedback, content and access on time. If those are delayed, our dates move accordingly.
03Fees and Payment
All prices are in New Zealand dollars and exclude GST unless stated otherwise.
Unless the Quote says otherwise, we may invoice a deposit before work starts and the balance on completion or milestones. Invoices are due by the due date shown, or within 14 days of the invoice date if none is shown.
Ongoing monthly services (such as SEO, content, management or hosting) are billed in advance each month and continue until either of us ends them under clause 10.
Advertising spend (for example Google Ads or Meta Ads) is paid to the advertising platform and is separate from our fees, unless the Quote says we will invoice it.
If an invoice is overdue we may pause work, and we may charge interest on the overdue amount and recover reasonable collection costs.
04Your Responsibilities
You agree to give us accurate information, content, logins and approvals when we need them. You confirm that you own, or have permission to use, all text, images, logos and other material you give us, and that using them as you ask will not infringe anyone else’s rights or break any law.
05Intellectual Property
Once you have paid for a deliverable in full, you own the final custom work we create for you under the Quote, such as your logo, designs and website copy.
Until it is paid in full, we keep ownership of the work and you may not use it.
We keep ownership of our pre-existing tools, templates, code, methods and know-how, and of third-party items such as fonts, stock images, plugins and themes, which stay under their own licences.
Unless you tell us in writing that you do not want this, we may show finished work in our portfolio, case studies and marketing.
06Third-Party Platforms and Tools
Our services often rely on platforms we do not control, such as Google, Meta, WordPress, hosting providers and analytics tools. Their rules, prices, algorithms and availability can change without notice, and you agree to their terms where you hold an account with them. We are not responsible for outages, policy changes or account actions taken by those providers.
07No Guarantee of Results
Search rankings, traffic, enquiries, sales and advertising results depend on many factors outside our control, including competitors, search engine changes, your offer, pricing and capacity. We will do the work with reasonable care and skill, but we do not promise any particular ranking, traffic or revenue. Any figures or estimates we share, including on our website, are illustrative only.
08Confidentiality and Privacy
We will keep your non-public business information confidential and use it only to provide the services. We handle personal information in line with our Privacy Policy and the Privacy Act 2020. If we handle your customers’ personal information for you, you are responsible for having the right to share it with us.
09Liability
To the extent the law allows, our total liability to you for any claim connected to our services is limited to the fees you paid us for the specific service the claim relates to in the 3 months before the claim arose.
We are not liable for indirect or consequential loss, including lost profit, lost revenue, lost data, loss of business or loss of opportunity.
If you are using our services for a business purpose, the Consumer Guarantees Act 1993 does not apply, as the Act allows. Your rights under the Fair Trading Act 1986, and any rights that cannot lawfully be excluded, are not affected.
You are responsible for keeping your own backups unless the Quote says we provide them.
10Ending Our Agreement
Either of us may end an ongoing monthly service by giving 30 days’ written notice.
Either of us may end the agreement immediately by written notice if the other seriously breaches it and does not fix the problem within 14 days of being told, or becomes insolvent.
If the agreement ends, you must pay for all work done and costs we have committed to up to the end date. Deposits are not refundable once work has started.
11Using Our Website
You may use this website for lawful purposes only. Do not try to disrupt it, gain unauthorised access, copy it in bulk, or use it to send spam. The content and design of this website belong to No Brainer or its licensors. We try to keep the information on it accurate, but it is general information and not professional advice.
12Communications
If you give us your contact details, we may contact you about your enquiry and our services. You can opt out of marketing emails using the unsubscribe link, and out of SMS messages by replying STOP.
13Changes to These Terms
We may update these Terms from time to time. When we do, we will change the “Last updated” date at the top of this page. For existing clients, changes apply to new work and new billing periods, not to a Quote already accepted.
14Governing Law and Disputes
These Terms are governed by the laws of New Zealand. If a dispute comes up, please contact us first so we can try to sort it out in good faith. If we cannot, the courts of New Zealand have jurisdiction.
15Contact Us
Email: [email protected]
Phone: +64 22 125 2166
No Brainer Limited, Auckland, New Zealand