TERMS AND CONDITIONS OF SERVICE

These terms and conditions apply to all services and support provided by Markezing Limited (‘we’, ‘us’, ‘our’ and ‘the Company’) to the Customer (‘You’). Collectively the Company and the Customer are called ‘the parties’. By accepting a quotation and/or engaging Markezing Limited in any capacity you agree to be bound by these terms and conditions.

 

These terms and conditions take priority over any other correspondence, discussions and terms and conditions exchanged between the parties. 

 

This agreement comes into force on the earliest occurring of; the acceptance of a quote issued by us, or, when we start providing products and services.

 

All prices quoted for or charged by us are in the currency of the country the customer is in unless otherwise specified on the quotation.

We will invoice you for any products and services and payment will be due as detailed in your quotation. If this is not specified in your quotation, then you will be invoiced before the end of the month and payment will be due on or before the 20th calendar date of the month following. 

You agree with us that time is of the essence when it comes to the payment of any sum owing to us and that we will charge interest at the rate of 15% per month (accruing daily) on all overdue payments until full payment is received.

 

Where we have given you a license to use our products or content created for you, this license is valid only for the term of your engagement with us. 

We retain the copyright and ownership of all products including the design, content, filming, photography, architecture and source code used in the product and it cannot be copied or replicated without our permission.

Content and products we create for a specific platform may only be used on this platform. For example, if we create content for a Facebook campaign this can only be used on Facebook for the duration of the campaign and cannot be used for television or print advertising or any future campaigns.

 

The Company shall have no liability to the Customer for any loss or damage whatsoever arising from or in connection with the provision of the Services or for any claim made against the Customer by any third party.

The Company shall have no liability for any losses or damages which may be suffered by the Customer whether the same are suffered directly or indirectly or are immediate or consequential including those which fall into the following categories:

a) Any indirect or consequential loss arising under or in relation to the Contract even though the Company was aware of the circumstances in which such loss could arise.

b) Loss of profits; loss of anticipated savings; loss of business opportunity or goodwill.

c) Loss of data; loss of search engine rankings; loss of website traffic; loss of followers; loss of access to social media profiles.

To the extent such liability is not excluded by previous clauses, the Company’s total liability (whether in contract, tort (including negligence or otherwise)) under or in connection with the Contract or based on any claim for indemnity or contribution (including for damage to tangible property) or otherwise will not in any event exceed the total sum invoiced for the Services.

 

You agree to indemnify us for any civil claim that results from you or someone connected with you using our product to publish any material that is defamatory, vilifies any person or group of persons based on gender, status or belief or that is offensive to a reasonable person or which is pirated material or which breaches any New Zealand or international law on terrorism.

You agree that we are not liable for any loss or damage resulting from a cyber-attack or denial of service attack or hacking of a social media service provider or a provider we use for website-hosting.

You agree that cyber-attacks, denial of service attacks and hacking can occur before the alerts and electronic countermeasures are available and so you also agree that we are not liable for any loss or damage resulting from a cyber-attack or denial of service attack or hacking of our own computers and servers when we could not have anticipated this or upgraded our protective countermeasures in time.

 

You acknowledge and agree that we provide access to third party software including Hubspot ‘as is’ and ‘as available’ without any warranties expressed or implied as to the quality, description or fitness for purpose. 

We accept no liability whatsoever arising from or relating to your use of third party software, this is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which the software is provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features including the release of new tools and resources. Such new features and/or services shall also be subject to these Terms and Conditions.

 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

You may terminate our Services at any time by giving us one month’s notice in writing that you no longer wish to use our Services.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

This agreement also terminates when a natural person is adjudicated bankrupt or where any juristic person or entity is put into liquidation, has receivers appointed or is put into administration. If a limited liability company is put into liquidation the director or former director/s remain personally liable for any outstanding debt owed to us.

 

You can review the most current version of the Terms and Condition of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. 

Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions of Service constitutes acceptance of those changes.

 

The Customer shall not assign all or any of its rights or obligations under this contract without the written consent of the Company.

The Company is entitled at any time to assign to any other party all or any part of a debt which is owing to the Company.

The Company may also assign or subcontract any part of the work which is to be performed under any contract.

In respect of any assignment by the Company pursuant to this clause, the Assignee shall be entitled to the full rights of the Company.

 

In the event of any dispute arising between the Company and the Customer, such dispute shall in the first instance be referred to mediation for resolution.

If resolution by mediation is not achieved to the satisfaction of both parties within 30 days of referral to mediation, either party may then take legal action to resolve the dispute.

Nothing in this clause prevents the Company from taking legal action to enforce payment of any debt due, nor where required to seek interlocutory or injunctive relief.

 

If any term in this agreement is held to be invalid the parties agree that the clause can be severed from the agreement and that the remaining provisions of the agreement remain binding and enforceable.