Terms and Conditions
How We Work
These general terms apply to all services we provide to you. We don’t love contracts and paperwork but this will help set expectations and make elements of security visible. Ultimately we want to have a good transparent relationship and deliver great services.
We don’t like all the legal jargon as we want to focus on providing great projects to any clients and customers who trust us with their business. We always only implement actions and make recommendations with the best intentions at heart, and what we would do if your business was ours, knowing what we do about your business, situation and goals.
If there are any issues we expect you to raise them as soon as you are aware as we don’t like surprises. We invest all our energies with the intention of making every client a success.
We also hope you have engaged us as you trust us more than your cousin who may not be a digital marketing expert….so please raise any concerns you may have.
With our motives out of the way, then here’s the fine print….there’s no “gotcha’s” below but you need to be aware of them.
Services and Fees
1. We will carry out the services described in our introductory letter, proposal or verbal discussion. Sometimes it’s more efficient for smaller pieces of work to just get on with it instead of spending more chargeable time on paperwork. Note that any clauses in statement of works or contracts override specific clauses on these terms and conditions.
2. Any pricing given in contracts or estimates are only valid for 14 days from the date of the discussion, document or email. As time passes, we may agree with you to change the services and/or fees. We will try to do this in writing so that there is no confusion about what we are doing for you and what it will cost.
We will work hard to ensure you are happy with our services and fees. If you aren’t happy, please call or email us so that we can sort out the problem.
3. If we have an initial discovery call, unless otherwise discussed, any work after that, prior to entering a contract will be subject to the standard non-retainer hourly rate of $250/hr USD + GST (for NZ based clients) unless otherwise stated. We do work across multiple currencies as our clients are global so your hourly rate may have been quoted differently or in a different currency.
This includes scoping, further analysis, queries and similar work. I value your time and you need to value ours to ensure we are a good fit and the right solutions are worked on. Strategies, reviews, and other areas of work will be priced on a project basis. Our preferred method of communication is email although of course we are happy to have calls to discuss your work but may not always be available so we may request you to book some time.
5. Any enquiries outside the immediate scope of work will be charged at $250/hr USD + GST (for NZ based clients) at a minimum of 15 minute increments. An example of this may be an Analytics or SEO query when the main element of work is Google Ads, or a conversion tracking issues with third party software that is impacting our ability to implement the scope of work.
6. We try to accurately estimate how much time will be involved for your work. Notwithstanding our estimate, we reserve the right to charge for all time that we spend on your work.
7. Any urgent contact outside of office hours (Monday – Friday 9am – 5pm NZDT) is charged at twice our standard hourly rate. Life balance is important so we do not work at weekends unless otherwise arranged. We also need to plan our work schedule in advance, so please expect this if you ask us to do something on a Friday afternoon, and it needs to be done yesterday. Of course we try and be as flexible as possible.
8. If we enter into an agreement for a specific time period and the agreement is ended prematurely, Fully Charged Media reserve the right to charge 50% of the monthly fees for the remainder of the contract period. This is to compensate for the time allocated, which may have been allocated at the expense of taking on other clients.
Subcontracting
9. We can subcontract your work to another appropriately qualified person or business if we decide this is the most effective way to provide the services. We will always retain control but we do use external experts who we trust as it keeps our overheads down which impacts your investments in us.
Payment
10. Standard payments term is full payment within 14 days from the invoice date unless otherwise stated.
11. If you don’t pay our fees on time, we can charge you interest at 14% per annum on any outstanding amounts and time accrued by Fully Charged Media and third parties following up on payments. We can also charge you debt collection costs. We don’t want to do this, or waste time chasing up payments so please pay our fees on time.
12. If any invoices are overdue, Fully Charged Media reserve the right to stop further work until full payment is made.
Your Decisions
13. To effectively provide services to you, we will need you to promptly make decisions, including approvals, and provide us with all information and access to systems we need. If you don’t do this and we have reserved time for you that we can’t use, then we reserve the right to charge you for that time. If you cannot provide appropriate logins and this takes our time to resolve, then we reserve the right to charge you for the time helping you get access.
Confidentiality and Non-Disclosure
14. To provide the services to you, we will need to exchange information that is confidential and of value to both of us. We will respect your confidential information and we would like you to do the same to ours and any of our reports cannot be shared with third parties outside of your organisation.
15. We mutually agree with you not to disclose or in any way publish any confidential information that you give us or we give you. Also, we mutually agree not to use any confidential information for any purpose other than that for which the information was provided.
16. “Confidential information” means any information, data or know-how, digital reviews, action plans, pricing, including financial information, relating to your or our business activities, which is either marked confidential or by its nature is reasonably intended to be confidential.
17. “Confidential information” doesn’t include anything that can be established within 30 days of the date of the disclosure to be already publicly known or which has entered the public arena through no fault of either of us.
18. The obligations regarding confidential information survive the expiry of our relationship and will last until two years have passed since our last invoice to you.
Use of Logo
19. We can use your logo to promote our clients.
20. We may use your data anonymously as case studies or examples in training but it will never name your company or identify you without your permission.
21. We would love to add a link to our website on your footer like “Digital Marketing By Fully Charged Media” or “Website built by Fully Charged Media”. If you don’t want that, please let us know.
Performance
22. We want to confirm that we advise you based on our experience and best information we have at the time, believing that we aim to implement best practice. We cannot guarantee the performance and position of your adverts, or search engine positions for your website, if this is applicable to the work undertaken. There are many factors outside of our control which influence this including, but not limited to, third party algorithms, budget, your website, website content and your competitors activity.
Limitation of Liability
23. In all circumstances our maximum liability to you for any loss, damage or claim arising from our services is the lesser of:
· your actual direct damages; or
· the amount you have paid for our services for the 12 month period immediately before the date the claim arose.
Security & Accounts
24. You must use two factor authentication for accessing your accounts. We use password managers and two factor authentication. Hacking, phishing and scams are major issues at the moment and we will enable two factor authentication on any accounts we are working on.
Do not send us any logins or passwords via email as it is insecure – please us a secure link like https://onetimesecret.com/ and send us a one time link to that where we can copy details.
Your Ad Accounts
25. Whilst we do everything in our power to stick to all recommendations and guidelines from advertising platforms like Google or Facebook we cannot take responsibility for any banned or cancelled accounts. Both platforms ban accounts for very spurious reasons which may be their algorithms gone wrong, or not having the right wording on your website. Whilst we will make every effort to help you through this we do not have any ‘superpowers’ with these platforms, even when we are in contact with platform representatives or platform partners. We reserve the right to pass on any time spent working on issues like this if they arise. We have been known to work wonders and be able to restore YouTube channels, Facebook pages and Google listings but this takes time, and may not be possible.
We have trust in you to work with us as partners and we give full access to your campaigns and accounts. No other agency should access these accounts without our prior knowledge. If you have any concerns about your campaigns, please discuss them with us first.
Termination of Service
26. Either of us can terminate our relationship at any time, subject to any minimum term lengths set out in a statement of work or proposal and a 30 day notice period. You are liable to pay for any work that we have done for you up to the date of termination.
Web Hosting & Third Party Software
27. If we host your website or use any third party software like VoiceAI, email services, chatbots, email optins and similar, we will endeavour to have your site running with as high an availability rate as possible. We are subject to third party systems such as Google Cloud services or other infrastructure and have no control over their availability. We only pick reliable hosting and other services to use. There are occasions when even the big companies like Amazon and Google have availability issues, and these may provide the back end services. We will not be held responsible for any loss of your business income due to your online systems being unavailable for a period of time.
28. If we perform an update there are occasional conflicts in software used for your website. If this happens then we will pass on any costs to resolve these as it may require a technical change to your website.
29. If you give us notice to terminate your web hosting you will be responsible for the migration and any time we have to ‘detach’ any software that may be under our licences, or an integral part of the hosting. This may take a few hours depending on what is in place – examples are SEO plugins, email SMTP software, website caching extensions or spam protection software.
30. If we host your website,you must NOT migrate your website away without giving us adequate notice to do this work as it may cause issues with your website on different hosting platforms.
31. If you host your own website, website updates, backups and security is your responsibility.
32. Our website care plan updates include simple updates such as WordPress version updates, security patches, uploading a plugin, changing phone numbers and images and similar work. This does not include major content updates, design changes or changes in functionality. This will be additional work.
Website Development
33. If we are developing your website we expect to have turnarounds to any questions within 48hrs and to be told of any upcoming time away that may impact our schedule. If we do not hear from you for over two weeks during the build your project may be subject to a $2000 restart fee as it is likely to impact other projects.
New Zealand Law
33. New Zealand law governs our relationship. Any dispute will be heard in New Zealand Courts.
v 3.0 26th June 2025