Terms of Service

These Terms of Service ("Terms") govern your use of the web design, digital marketing, and related services ("Services") provided by Go Digital ("we", "us", or "our"), operated from Bayview, Auckland, New Zealand.

By engaging our Services or subscribing to any of our plans, you ("Client", "you", or "your") agree to be bound by these Terms. If you do not agree with any part of these Terms, you should not use our Services.

Go Digital provides subscription-based web design and digital marketing services for New Zealand businesses. Our Services include, but are not limited to:

• Custom website design and development
• Website hosting, SSL certificates, and ongoing maintenance
• AI chatbot integration and AI voice agent setup
• Search engine optimisation (SEO) and GEO optimisation
• Google Ads management
• Monthly content and design updates (as per your plan)
• eCommerce website design (on applicable plans)

The specific features and scope of work included in your subscription depend on the plan you select (Starter, Growth, Scale, or Custom). Full plan details are available on our pricing page.

3.1 Subscription Model

Our Services are provided on a monthly subscription basis. There are no upfront design or development fees. Your subscription begins once your website is launched and live.

3.2 Monthly Billing

You will be billed monthly in New Zealand Dollars (NZD) on the same date each month, starting from the date your website goes live. All prices are exclusive of GST unless stated otherwise. As a GST-registered business, we will provide GST invoices.

3.3 Payment Methods

We accept payment by credit card, debit card, or direct debit. Payments are processed through our secure third-party payment provider. You authorise us to charge your chosen payment method on each billing date.

3.4 Late or Failed Payments

If a payment fails, we will notify you and attempt to process the payment again. If payment remains outstanding for more than 14 days, we reserve the right to suspend your website until the balance is cleared. Websites suspended for non-payment for more than 30 days may be taken offline permanently.

3.5 Price Changes

We may adjust subscription prices from time to time. We will provide at least 30 days' written notice of any price increase. If you do not agree to the new pricing, you may cancel your subscription before the new price takes effect.

4.1 No Lock-in Contracts

There are no lock-in contracts or minimum terms. You may cancel your subscription at any time by contacting us via email at hello@godigital.co.nz or by phone at 027 246 9195.

4.2 Effect of Cancellation

Upon cancellation, your subscription will remain active until the end of your current billing period. After that date, your website will be taken offline and the domain will no longer point to our servers.

4.3 Content Export

Upon cancellation, we will provide you with all original content, images, and copy that you supplied for your website. This content remains your property and you are free to use it with another provider.

4.4 Refunds

Subscription fees are non-refundable for the current billing period once charged. We do not offer partial refunds for unused portions of a billing cycle. If your website has not yet been launched, you may cancel at no cost.

5.1 Client Content

You retain full ownership of all content, images, logos, copy, and materials that you provide to us for use on your website ("Client Content"). By providing Client Content, you grant us a non-exclusive licence to use it solely for the purpose of building and maintaining your website during your active subscription.

5.2 Go Digital Code and Design

Go Digital retains ownership of all website code, templates, design frameworks, custom components, and technical infrastructure used to build your website. This includes HTML, CSS, JavaScript, server configurations, AI chatbot configurations, and any proprietary tools or systems we develop.

Your subscription grants you a licence to use the website as a hosted service. This licence does not transfer ownership of the underlying code or design system to you.

5.3 Portfolio Rights

We may showcase your website in our portfolio, case studies, and marketing materials unless you specifically request otherwise in writing.

As a client of Go Digital, you agree to:

• Provide accurate and complete information and content for your website in a timely manner
• Ensure that all Client Content you provide does not infringe on any third-party intellectual property rights
• Respond to design approvals and feedback requests within a reasonable timeframe (delays may affect your project timeline)
• Maintain current and valid payment information on your account
• Not use your website for any unlawful, fraudulent, defamatory, or harmful purposes
• Not attempt to reverse-engineer, copy, or extract the source code of your website

We aim to provide 99.9% uptime for all hosted websites. However, we cannot guarantee uninterrupted availability. Scheduled maintenance, security updates, and circumstances beyond our control (such as hosting provider outages or natural disasters) may result in temporary downtime.

We will make reasonable efforts to notify you in advance of any planned maintenance that may affect your website's availability.

To the maximum extent permitted by New Zealand law, including the Consumer Guarantees Act 1993 (where applicable):

• Go Digital's total liability to you for any claims arising from or related to these Terms or our Services shall not exceed the total amount you have paid to us in the 3 months immediately preceding the claim
• We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, loss of business opportunity, or reputational harm
• We are not liable for any loss resulting from third-party services, including hosting providers, payment processors, or AI service providers
• We do not guarantee specific business outcomes, search engine rankings, or conversion rates from your website

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

You agree to indemnify and hold harmless Go Digital, its directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from:

• Your breach of these Terms
• Any Client Content that infringes on third-party intellectual property or other rights
• Your use of the website for unlawful or prohibited purposes

We reserve the right to suspend or terminate your subscription and take your website offline if:

• You breach any material term of these Terms
• Payment remains outstanding for more than 30 days despite reasonable notice
• Your website is being used for unlawful, defamatory, or harmful purposes
• We are required to do so by law or regulatory authority

Where practical, we will provide reasonable notice before termination and an opportunity to resolve the issue.

If a dispute arises in connection with these Terms or our Services, both parties agree to first attempt to resolve the matter through good-faith negotiation. If the dispute cannot be resolved informally within 30 days, either party may pursue resolution through mediation before taking legal action.

These Terms are governed by and construed in accordance with the laws of New Zealand. Any legal proceedings arising from or related to these Terms shall be brought exclusively in the courts of Auckland, New Zealand, and you submit to the non-exclusive jurisdiction of those courts.

We may update these Terms from time to time. When we make material changes, we will notify you by email or by posting a notice on our website at least 14 days before the changes take effect. Your continued use of our Services after the updated Terms take effect constitutes your acceptance of the revised Terms.

These Terms, together with our Privacy Policy and any specific service agreement or proposal we provide, constitute the entire agreement between you and Go Digital in relation to the Services. Any prior agreements, representations, or understandings (whether written or oral) are superseded by these Terms.

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