Terms of service

1. Introduction

Welcome to Superboosted Design ("we", "us", or "our"). By accessing or using our website at superboosted.design and engaging our web design and hosting services, you ("Client" or "you") agree to be bound by these Terms of Service ("Terms"). Please read them carefully before proceeding.

If you do not agree to these Terms, please do not use our services.

2. Services

Superboosted Design provides web design, web development, and website hosting services for small businesses. Our services may include, but are not limited to:

• Website design and development
• Website hosting and ongoing maintenance
• Domain name registration assistance
• Search engine optimisation (SEO) setup
• Third-party integrations (e.g. booking systems, payment processors, contact forms)

The specific scope of services, deliverables, timelines, and fees for each project will be set out in a separate written agreement, proposal, or statement of work provided to you prior to the commencement of work.

3. Client Responsibilities

You agree to:

• Provide accurate, complete, and up-to-date information required for us to perform the services
• Supply all content (text, images, logos, and other materials) in a timely manner
• Ensure you hold all necessary rights, licences, and permissions for any content you supply
• Review and provide feedback within agreed timeframes
• Keep your account credentials secure and notify us immediately of any unauthorised use

We reserve the right to pause or terminate work if client-supplied content is not provided within a reasonable timeframe.

4. Payment Terms

Payment terms, fees, and billing schedules will be specified in your project agreement or proposal. Unless otherwise agreed in writing:

• A deposit may be required before work commences
• Ongoing hosting and maintenance services are billed in advance on a monthly or annual basis
• Invoices are due within 14 days of the invoice date
• Late payments may incur interest at a rate of 2% per month on overdue amounts

We reserve the right to suspend hosted services if payment remains outstanding for more than 30 days past the due date.

5. Intellectual Property

6. Hosting Services

Where we provide website hosting:

• We will use reasonable endeavours to maintain uptime but do not guarantee uninterrupted availability
• Scheduled maintenance may temporarily take your site offline; we will provide reasonable notice where practicable
• You are responsible for maintaining backups of your content unless a backup service is expressly included in your plan
• We reserve the right to suspend hosting for non-payment or if your site is found to violate these Terms or applicable law

7. Prohibited Use

You must not use our services to create or host websites that:

• Violate any applicable law or regulation
• Infringe the intellectual property rights of any third party
• Contain unlawful, defamatory, obscene, or harmful content
• Distribute spam, malware, or engage in phishing activities
• Misrepresent your identity or business

We reserve the right to take down content or terminate services if we reasonably believe a violation has occurred.

8. Limitation of Liability

To the maximum extent permitted by law, Superboosted Design shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with our services, including but not limited to loss of revenue, loss of data, or loss of business opportunity.

Our total aggregate liability to you for any claim arising out of or in connection with these Terms or our services shall not exceed the total fees paid by you to us in the three months preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits our liability for fraud, death, or personal injury caused by our negligence, or any other liability that cannot be excluded or limited by law.

9. Disclaimers

Our services are provided on an "as is" and "as available" basis. We make no warranties, express or implied, regarding the fitness of our services for a particular purpose, or that the services will be error-free or uninterrupted.

We do not guarantee specific results from SEO or digital marketing services, as outcomes depend on many factors outside our control.

10. Confidentiality

Each party agrees to keep confidential any non-public information disclosed by the other party in connection with the services and not to disclose such information to third parties without prior written consent, except as required by law.

11. Termination

Either party may terminate the services by providing 30 days' written notice. Upon termination:

• You will pay for all work completed up to the termination date
• We will provide you with all completed deliverables for which payment has been received
• Hosting services will remain active until the end of the current billing period, unless terminated for cause

We may terminate services immediately if you breach these Terms and fail to remedy the breach within 7 days of written notice.

12. Governing Law

These Terms are governed by the laws of New Zealand. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of New Zealand.

Where applicable, the Consumer Guarantees Act 1993, Fair Trading Act 1986, and Contract and Commercial Law Act 2017 may apply to our services.

13. Changes to These Terms

We may update these Terms from time to time. Where changes are material, we will provide reasonable notice via our website or by email. Your continued use of our services after changes take effect constitutes your acceptance of the revised Terms.

14. Contact Us

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