Terms & Conditons

T&Cs

Owens SEO Limited

 

1. Definitions

“Provider” shall mean Owens SEO Limited (Company Number: 9345297, NZBN: 9429052869259) and its successors and assigns.

“Client” shall mean the Client or any person or persons acting on behalf of and with the authority of the Client. Where more than one Client has entered this agreement, the Clients shall be jointly and severally liable for all payments of the Price.

“Services” shall mean all services provided by the Provider to the Client including but not limited to: search engine optimisation (SEO), technical SEO, website design, website rebuilds, Google Ads management, SEO audits, and any related digital marketing services as described in quotations, invoices, or any other documentation provided by the Provider to the Client.

“Price” shall mean the cost of the Services as agreed between the Provider and the Client subject to clause 3 of this contract.

“Website” shall mean any website created, modified, or managed by the Provider on behalf of the Client.

“Deliverables” shall mean all work product, materials, designs, code, content, and other outputs created by the Provider in the course of providing Services.

2. Acceptance

Any instructions received by the Provider from the Client for the supply of Services shall constitute acceptance of the terms and conditions contained herein.

Upon accepting a quotation, either verbally, in writing, or by making payment of a deposit, the Client agrees to be bound by these terms and conditions.

3. Price, Payment and Cancellation

3.1 Price

At the Provider’s sole discretion, the Price shall be the Provider’s quoted Price which shall be binding upon the Provider provided that the Client shall accept the Provider’s quotation within thirty (30) days.

GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.

The Client shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Client by the Provider.

3.2 Deposits

Project-based work (websites, audits, one-off services): A deposit of 50% of the quoted Price is payable upon acceptance of the quotation. The remaining 50% is due upon completion of the project.

Ongoing services (monthly SEO, Google Ads management): Payment is due monthly in advance unless otherwise agreed in writing.

3.3 Payment Terms

Time for payment of the Services shall be of the essence. Unless otherwise agreed in writing, payment terms are as follows:

  • Project deposits are due upon acceptance of quotation
  • Final project payments are due upon completion
  • Monthly retainer payments are due on the first of each month

Accepted payment methods:

  • Bank Transfer
  • Invoice (payment due within 7 days unless otherwise agreed)

3.4 Cancellation Policy

Project-based work:

  • If the Client cancels after work has commenced, the deposit is non-refundable
  • Work completed to date will be invoiced at the Provider’s standard hourly rate
  • Any additional costs incurred by the Provider will be charged to the Client

Ongoing services (monthly SEO, Google Ads management):

  • A minimum term of three (3) months applies
  • After the minimum term, either party may cancel with thirty (30) days written notice
  • No refunds will be provided for the notice period

4. Scope of Work

4.1 Quotation Scope

The scope of Services is limited to what is explicitly stated in the quotation or proposal provided by the Provider. Any work not specified in the quotation is outside the scope of the agreed Services.

4.2 Additional Work

Any requests for work beyond the agreed scope will be quoted separately and must be approved by the Client in writing before work commences. Additional work will be charged at the Provider’s standard rates.

4.3 Revisions

Unless otherwise specified in the quotation:

  • Two (2) rounds of revisions are included in the quoted Price for project-based work
  • Additional revisions beyond this allowance will be charged at the Provider’s standard hourly rate

5. Client Responsibilities

5.1 Content and Materials

The Client is responsible for providing all content, images, logos, and other materials required for the Services within seven (7) days of the Provider’s request. Failure to provide materials in a timely manner may result in project delays, and the Provider shall not be held liable for such delays.

5.2 Access and Credentials

The Client shall provide the Provider with all necessary access credentials (website hosting, domain registrar, Google accounts, etc.) required to perform the Services. The Client warrants that they have the legal authority to grant such access.

5.3 Feedback and Approvals

The Client shall provide feedback and approvals within seven (7) days of the Provider’s request. If no response is received within this timeframe, the Provider may proceed based on their professional judgement, and the Client accepts responsibility for any resulting outcomes.

5.4 Accuracy of Information

The Client warrants that all information provided to the Provider is accurate and complete. The Provider shall not be liable for any errors or issues arising from inaccurate or incomplete information provided by the Client.

6. Intellectual Property

6.1 Ownership Transfer

Upon receipt of full payment for the Services, ownership of the Deliverables shall transfer to the Client, except for:

  • Third-party materials (stock images, fonts, plugins, themes) which remain subject to their respective licences
  • The Provider’s pre-existing tools, templates, and methodologies which remain the property of the Provider

6.2 Pre-Payment Ownership

Until full payment is received, all Deliverables remain the property of the Provider. The Provider reserves the right to withhold, remove, or disable any work product until payment is received in full.

6.3 Portfolio Rights

The Provider reserves the right to display completed work in their portfolio and marketing materials unless otherwise agreed in writing.

7. No Guarantee of Results

7.1 SEO Disclaimer

The Client acknowledges that:

  • Search engine optimisation is subject to factors beyond the Provider’s control, including search engine algorithm changes, competitor activity, and market conditions
  • The Provider makes no guarantees regarding specific search engine rankings, traffic levels, or business outcomes
  • SEO results typically take time to materialise and are not immediate

7.2 Google Ads Disclaimer

The Client acknowledges that:

  • Google Ads performance depends on factors including budget, competition, market conditions, and landing page quality
  • The Provider makes no guarantees regarding specific click-through rates, conversion rates, or return on investment
  • The Client is responsible for the cost of ad spend, which is separate from the Provider’s management fees

7.3 General Disclaimer

While the Provider will exercise professional skill and care in delivering the Services, no guarantee is made that the Services will achieve any particular result or outcome. The Provider’s obligation is to provide Services with reasonable skill and care, not to guarantee specific results.

8. Limitation of Liability

8.1 Indirect Loss

The Provider shall be under no liability whatsoever to the Client for any indirect loss and/or expense (including loss of profit, loss of business, loss of data, or loss of goodwill) suffered by the Client arising out of a breach by the Provider of these terms and conditions.

8.2 Liability Cap

In the event of any breach of this contract by the Provider, the remedies of the Client shall be limited to damages. Under no circumstances shall the liability of the Provider exceed the Price paid for the Services in the twelve (12) months preceding the claim.

8.3 Third-Party Services

The Provider shall not be liable for any issues arising from third-party services, platforms, or software, including but not limited to: web hosting providers, domain registrars, Google services, payment processors, or any plugins or themes used in website development.

8.4 Consumer Guarantees Act 1993

This agreement is subject to the provisions of the Consumer Guarantees Act 1993 in all cases except where the Client is acquiring the Services for the purposes of a business, in which case the provisions of the Consumer Guarantees Act 1993 do not apply.

9. Default and Consequences

9.1 Interest on Overdue Payments

Interest on overdue invoices shall accrue from the date when payment becomes due until the date of payment at a rate of 1.5% per calendar month (18% per annum). Such interest shall compound monthly at such rate after as well as before any judgment.

9.2 Collection Costs

If the Client defaults in payment of any invoice when due, the Client shall indemnify the Provider from and against all costs and disbursements incurred by the Provider on a solicitor-client basis, including the Provider’s collection agency costs.

9.3 Suspension of Services

Without prejudice to any other remedies the Provider may have, if at any time the Client is in breach of any obligation (including those relating to payment), the Provider may suspend or terminate the supply of Services to the Client. The Provider will not be liable to the Client for any loss or damage the Client suffers because the Provider exercised its rights under this clause.

9.4 Cancellation Rights

Without prejudice to the Provider’s other remedies at law, the Provider shall be entitled to cancel all or any part of any order which remains unperformed, and all amounts owing to the Provider shall become immediately payable in the event that:

  • Any money payable to the Provider becomes overdue, or in the Provider’s opinion the Client will be unable to meet its payments as they fall due; or
  • The Client becomes insolvent, convenes a meeting with its creditors, or proposes or enters into an arrangement with creditors; or
  • A receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Client or any asset of the Client.

10. Dispute Resolution

In the event of any dispute arising out of or relating to this agreement, the parties agree to first attempt to resolve the dispute through good faith negotiation.

If the dispute cannot be resolved through negotiation within fourteen (14) days, either party may refer the dispute to mediation before an independent mediator agreed upon by both parties.

Nothing in this clause shall prevent either party from seeking urgent interlocutory relief from a court of competent jurisdiction.

11. Privacy

The Provider collects and holds personal information in accordance with the Privacy Act 2020.

The Client authorises the Provider to collect, retain and use any information about the Client for the purpose of providing Services and marketing products and services to the Client.

The Provider’s full Privacy Policy is available at: https://owensseo.nz/privacy-policy/

12. Force Majeure

Neither party shall be liable for any failure or delay in performing their obligations under this agreement where such failure or delay results from any cause beyond the reasonable control of that party. Such causes include, but are not limited to: acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, storms, epidemics, pandemics, strikes, lockouts or other industrial action, internet outages, hosting provider failures, search engine algorithm changes, or any other events beyond the reasonable control of either party.

13. General Provisions

13.1 Severability

If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.

13.2 Assignment and Subcontracting

The Provider may licence or subcontract all or any part of its rights and obligations without the Client’s consent. The Client may not assign this agreement without the Provider’s prior written consent.

13.3 Entire Agreement

These terms and conditions, together with any quotation or invoice, constitute the entire agreement between the parties and supersede all prior agreements, understandings, and representations, whether oral or written.

13.4 Governing Law

This agreement shall be governed by and construed in accordance with the laws of New Zealand, and the parties submit to the non-exclusive jurisdiction of the New Zealand courts.

13.5 Amendments

The Provider reserves the right to amend these terms and conditions at any time. Any amendments will be posted on the Provider’s website and will apply to all Services provided after the date of posting.

Contact

For questions about these Terms and Conditions, please contact:

Owens SEO Limited Email: info@owensseo.nz Phone:021 225 2596 Website: https://owensseo.nz

Last Updated: February 2026