1. Acceptance of Terms
By accessing instinctdesign.net or engaging our website consultancy, development, maintenance, or advisory services (“Services”), you (“Client” or “User”) agree to be bound by these Terms of Service. If you do not agree to these terms, you must not access our website or engage our Services.
2. Services & Engagements
- All specific deliverables, timelines, and costs for consultancy engagements will be set out in a separate Proposal, Statement of Work (SOW), or Service Level Agreement (SLA).
- In the event of any conflict between these Terms of Service and an executed Proposal or SOW, the terms of the specific Proposal or SOW shall prevail.
3. Fees, Invoicing & Payment Terms
- All fees quoted are in New Zealand Dollars (NZD) and exclude Goods and Services Tax (GST) unless explicitly stated otherwise.
- Invoices are payable within thirty (30) days from the date of issue unless alternative terms are specified in your agreement.
- Overdue accounts may incur late payment charges or interest at a rate of 2.5% per month on outstanding balances, along with any recovery or legal costs incurred by Instinct Design .Net Ltd
4. Annual CPI Price Adjustment
- For ongoing, subscription, retainer, hosting, or recurring maintenance services, Instinct Design .Net Ltd reserves the right to increase service rates on an annual basis.
- Price adjustments will be calculated based on the annual percentage increase in the Consumers Price Index (CPI) published by Statistics New Zealand (Stats NZ) over the preceding 12-month period.
- Clients will be provided at least thirty (30) days’ written notice prior to any CPI-based price adjustment taking effect.
5. Intellectual Property
- Client Content: The Client retains ownership of all content, trademarks, logos, and materials supplied to Instinct Design .Net Ltd.
- Pre-existing Code & Frameworks: Instinct Design .Net Ltd retains ownership of all pre-existing code, tools, methodologies, and open-source components utilized in delivering the Services.
- Final Deliverables: Upon full payment of all fees, the Client is granted a non-exclusive, perpetual, worldwide license to use the final website deliverables for their intended business purpose.
6. Guarantees & Consumer Rights (New Zealand Law)
- Nothing in these Terms excludes, restricts, or modifies any rights or remedies you may have under the Consumer Guarantees Act 1993 (CGA) or the Fair Trading Act 1986 (FTA).
- Where Services are acquired for business purposes, the Client agrees that the provisions of the Consumer Guarantees Act 1993 do not apply to the extent permitted by section 43(2) of that Act.
7. Limitation of Liability
- To the maximum extent permitted by New Zealand law, Instinct Design .Net Ltd will not be liable for any indirect, incidental, consequential, or special damages, including loss of business profits, revenue, data, or business interruption.
- Our total aggregate liability arising out of or in connection with any Services provided shall be limited to the total amount paid by the Client to Instinct Design .Net Ltd for the specific service giving rise to the claim in the six (6) months prior to the event.
8. Governing Law
These Terms are governed by and construed in accordance with the laws of New Zealand. Both parties submit to the exclusive jurisdiction of the courts of New Zealand.
1. Compliance with the Privacy Act 2020
Instinct Design .Net Ltd is committed to protecting your personal information in accordance with the New Zealand Privacy Act 2020 and the Information Privacy Principles (IPPs).
2. Information We Collect
We collect personal information necessary to deliver our Services and communicate with you, including:
- Name and contact details (email address, phone number, postal address).
- Company/organization details.
- Billing and transaction details.
- Website analytics and usage data (via cookies or server logs when visiting instinctdesign.net).
3. How We Use Your Information
We use your personal information to:
- Provide, maintain, and optimize our consultancy and web services.
- Process invoicing, payments, and account administration.
- Respond to inquiries and communicate service changes or updates.
- Comply with legal obligations under New Zealand law.
4. Storage & Security
- Billing & Customer Data: All customer records, billing details, and transaction histories are securely stored and processed within Xero (xero.com/nz), in compliance with industry-standard encryption and cloud security protocols.
- Offline Data Retention: Any physical or offline copies of customer information created during business operations are securely destroyed or permanently deleted within thirty (30) days of use.
- General Security: We maintain appropriate technical and organizational safeguards to protect your personal information against unauthorized access, loss, or disclosure. We retain personal data only for as long as necessary to fulfill our service commitments or satisfy legal and accounting obligations under New Zealand law.
5. Disclosure of Information
We do not sell or rent your personal information to third parties. We may disclose personal data to trusted third-party service providers (such as Xero, hosting platforms, or infrastructure providers) strictly as necessary to deliver our services.
6. Access and Correction Rights
Under the Privacy Act 2020, you have the right to request access to any personal information we hold about you and to request corrections if it is inaccurate. To make a request, please contact us at info@instinctdesign.net.