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Terms of Service

These terms govern your use of our website and services. By engaging Sidequest Digital, you agree to these terms.

Last updated: January 2025

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client", "you", or "your") and Sidequest Digital ("we", "us", or "our"), a business based in Christchurch, New Zealand.

By accessing our website, using our services, or engaging us for a project, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, please do not use our services.

These Terms are governed by New Zealand law, including the Consumer Guarantees Act 1993, the Fair Trading Act 1986, and the Contract and Commercial Law Act 2017.

2. Our Services

Sidequest Digital provides custom digital solutions including, but not limited to:

  • Website design and development
  • Web application development
  • Client portal systems
  • Management and business systems
  • Ongoing maintenance and support
  • Hosting services

The specific scope, deliverables, timeline, and pricing for each project will be outlined in a separate project proposal or agreement provided to you before work commences.

3. Project Agreements

Proposals and Acceptance

Before beginning any project, we will provide you with a written proposal outlining the scope of work, deliverables, timeline, and pricing. A project agreement is formed when you accept the proposal in writing (including email) or pay the initial deposit.

Changes to Scope

Any changes to the agreed scope of work must be discussed and agreed upon in writing. Additional work beyond the original scope may result in additional charges and extended timelines.

Client Responsibilities

To ensure successful project delivery, you agree to:

  • Provide all necessary content, materials, and information in a timely manner
  • Respond to requests for feedback or approval within reasonable timeframes
  • Ensure you have the rights to use any content or materials you provide
  • Designate a primary point of contact for project communications

4. Payment Terms

Pricing

All prices quoted are in New Zealand Dollars (NZD) and exclude GST unless otherwise stated. GST will be added at the current rate (15%) where applicable.

Payment Schedule

Unless otherwise agreed, our standard payment terms are:

  • Deposit: 50% of the project fee is due before work commences
  • Final payment: Remaining 50% is due upon project completion, before final files or access is handed over

For larger projects, we may agree on milestone-based payments as outlined in the project proposal.

Maintenance and Subscriptions

Ongoing maintenance and hosting services are billed annually in advance. You will receive an invoice at least 14 days before payment is due.

Late Payments

Invoices are due within 14 days of issue unless otherwise agreed. We reserve the right to:

  • Pause work on projects with overdue payments
  • Charge interest on overdue amounts at 2% per month
  • Suspend services (including hosting) for accounts more than 30 days overdue
  • Recover reasonable debt collection costs

5. Intellectual Property

Your Content

You retain ownership of all content, materials, logos, and branding you provide to us. You grant us a license to use these materials solely for the purpose of completing your project.

Our Work

Upon receipt of full payment, you will own the custom design and content created specifically for your project. This includes:

  • Custom designs and layouts
  • Custom code written specifically for your project
  • Content created for you (copy, graphics, etc.)

What We Retain

We retain ownership of:

  • Our pre-existing tools, frameworks, and code libraries
  • General knowledge, skills, and techniques
  • Any open-source or third-party components used in your project (subject to their respective licenses)

Portfolio Rights

Unless you request otherwise in writing, we reserve the right to display your completed project in our portfolio and marketing materials.

6. Warranties and Guarantees

Our Warranty

We warrant that our services will be performed with reasonable care and skill. For completed projects, we provide a 30-day warranty period during which we will fix any bugs or defects in our work at no additional cost.

Consumer Guarantees

If you are acquiring our services for personal, domestic, or household use, the Consumer Guarantees Act 1993 applies. Our services come with guarantees that cannot be excluded under New Zealand consumer law, including that services will be carried out with reasonable care and skill, and will be fit for the purpose for which they are commonly supplied.

Limitations

Our warranty does not cover issues caused by:

  • Changes made by you or third parties after delivery
  • Third-party software, plugins, or services
  • Hosting or infrastructure issues outside our control
  • Content or materials you provide
  • Failure to follow our recommendations or instructions

7. Limitation of Liability

To the maximum extent permitted by law:

  • Our total liability for any claim arising from our services is limited to the amount you paid for those specific services
  • We are not liable for any indirect, consequential, or incidental damages, including lost profits, lost data, or business interruption
  • We are not liable for any delays or failures caused by circumstances beyond our reasonable control

Nothing in these Terms limits or excludes any liability that cannot be limited or excluded under New Zealand law, including liability under the Consumer Guarantees Act 1993.

8. Project Delays and Cancellation

Delays

We will make reasonable efforts to meet agreed timelines. However, timelines may be affected by:

  • Delays in receiving content, feedback, or approvals from you
  • Changes to project scope
  • Circumstances beyond our reasonable control

If you do not provide requested materials or feedback within 14 days, we may pause work and adjust the timeline accordingly.

Cancellation by You

You may cancel a project at any time by providing written notice. In the event of cancellation:

  • You will be charged for all work completed up to the date of cancellation
  • The initial deposit is non-refundable unless work has not yet commenced
  • We will provide you with any completed deliverables upon payment of outstanding amounts

Cancellation by Us

We reserve the right to cancel a project if:

  • Payment is significantly overdue
  • You breach these Terms
  • Continuing would require us to act unethically or illegally

If we cancel without cause, we will refund any payments for work not yet completed.

9. Confidentiality

We agree to keep confidential any proprietary or sensitive information you share with us in the course of our work. This obligation does not apply to information that:

  • Is or becomes publicly available through no fault of ours
  • Was already known to us before you disclosed it
  • Is required to be disclosed by law

10. Website Terms of Use

When using our website (sidequest.nz), you agree to:

  • Use the website only for lawful purposes
  • Not attempt to gain unauthorised access to our systems
  • Not use automated tools to scrape or extract content
  • Not upload malicious code or interfere with the website's operation

The content on our website is provided for general information purposes. While we strive to keep information accurate and up-to-date, we make no warranties about the completeness or accuracy of this information.

11. Third-Party Services

Our services may involve or integrate with third-party services (e.g., hosting providers, payment gateways, analytics tools). These services are subject to their own terms and conditions, and we are not responsible for their performance or availability.

We will make reasonable efforts to select reliable third-party services, but we cannot guarantee their continued availability or performance.

12. Dispute Resolution

If a dispute arises between us, we agree to first attempt to resolve it through good-faith negotiation. If we cannot resolve the dispute informally, either party may pursue resolution through:

  • Mediation through an agreed mediator
  • The Disputes Tribunal (for claims within its jurisdiction)
  • The New Zealand courts

These Terms are governed by New Zealand law, and the New Zealand courts have exclusive jurisdiction over any disputes.

13. Changes to These Terms

We may update these Terms from time to time. Changes will be posted on this page with an updated revision date. For existing projects, the Terms in effect at the time of your project agreement will continue to apply unless you agree to updated Terms.

14. General Provisions

  • Entire Agreement: These Terms, together with any project proposal or agreement, constitute the entire agreement between us.
  • Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in effect.
  • Waiver: Our failure to enforce any provision does not constitute a waiver of that provision.
  • Assignment: You may not assign your rights or obligations under these Terms without our written consent. We may assign our rights and obligations to a successor business.

15. Contact Us

If you have any questions about these Terms, please contact us:

Sidequest Digital
Christchurch, New Zealand
Email: [email protected]
Phone: 0204 023 9009