Terms of Service
These Terms of Service (“Agreement”) constitute a legally binding agreement between the Client (“you”) and Fluxus Solutions Ltd, trading as Service Saver (“we,” “us,” “our”), governing the provision of services. By engaging our services or subscribing to any plan, you acknowledge that you have read, understood, and agree to be bound by these Terms.
1. Scope of Services
1.1 General Services
We provide digital marketing and related services, including but not limited to: web design and development, content creation, graphic design, social media management, email marketing, Google Ads management, search engine optimisation (SEO), lead generation, productivity support, and virtual assistance.
1.2 Service Access by Plan
Access to services is determined by your selected plan tier. Plans limit the number of services and active tasks at any one time, as detailed in your proposal or plan description.
1.3 Website Projects
Website design and development projects are governed by the terms in Section 5 of this Agreement.
2. Task Submission and Delivery
2.1 Task Initiation
Task turnaround begins once all required information, files, access credentials, and approvals have been received. Delays in submitting complete briefs may affect timelines.
2.2 Estimated Timelines
Estimated task delivery timeframes are outlined in our published turnaround tables and are subject to change based on task complexity, queue, and resourcing. Contact our team for an up-to-date task management table.
2.3 Task Limits and Switching
Clients may submit multiple tasks; however, only one task per service will be worked on at a time. Clients may switch between services within their plan’s active service limit.
2.4 Client Due Dates
Due dates submitted in dashboards or forms serve as preferred targets only. Final delivery timelines will be confirmed by your client manager.
3. Ownership and Intellectual Property
3.1 Ownership of Work
Upon full payment, the Client will own the final deliverables produced specifically for them. This includes rights to written, visual, and functional content.
3.2 Exclusions
Service Saver retains ownership of proprietary tools, templates, internal processes, and reusable components used to deliver services.
3.3 Third-Party Materials
The Client is responsible for obtaining appropriate licenses for any third-party materials (e.g. fonts, images, software). We are not liable for the unauthorised use of third-party content supplied by the Client.
4. Payment Terms
4.1 Monthly Plans
Monthly plans are billed in New Zealand Dollars (NZD), exclusive of GST. Plans automatically renew every month on the original signup date unless cancelled in writing.
4.2 Website Projects
Project-based services follow milestone-based payment schedules outlined in the associated proposal. Work may be paused if payments are delayed.
4.3 Invoice Clients (End-of-Month Billing)
Clients billed at the end of each month must pay invoices by the 20th of the following month or by the specified due date. Invoices 9 days or more overdue will result in the suspension of all active work until resolved.
4.4 Overdue Payments
Invoices overdue by 31 days or more will incur a late interest charge of 0.7% per month (8.4% p.a.).
4.5 Advertising & Third-Party Costs
Our service plans exclude all external advertising spend or third-party platform costs (e.g. Facebook/Google Ads budgets, software subscriptions). These remain the sole responsibility of the Client. Any such charges paid by us on your behalf will be re-invoiced to you in full.
4.6 Refunds & Plan Changes
No refunds will be issued once a billing cycle has commenced. You may pause, cancel, upgrade, or downgrade your plan at any time with written notice. Plan changes will take effect at the start of the next billing period unless otherwise agreed.
5. Website Projects
5.1 Scope and Changes
Work will be completed as outlined in your approved proposal. Any variations must be agreed upon in writing and may incur additional fees.
5.2 Timeline & Delays
We make all reasonable efforts to meet delivery timeframes. Delays caused by the Client, third-party vendors, or force majeure events shall not be considered a breach of this Agreement.
5.3 Support & Maintenance
Each website project includes up to 12 months of post-launch support for technical bugs and performance-related issues. Enhancements or major changes may be subject to additional fees.
5.4 Termination
Either party may terminate the project with written notice. The Client is responsible for payment of all work completed to the date of termination.
6. Client Responsibilities
You agree to:
Provide accurate and timely content, feedback, and approvals
Ensure all assets and credentials supplied are licensed and up to date
Review and approve all deliverables before publication or distribution
Maintain secure access to all relevant systems (e.g. social media)
Failure to cooperate or communicate in good faith may delay project progress or lead to termination of services.
7. Confidentiality
7.1 Obligations
Both parties agree to keep confidential any non-public information exchanged during the course of the engagement.
7.2 Exemptions
This obligation does not apply to publicly available information or where disclosure is required by law.
8. Subcontractors and Third-Party Access
8.1 Subcontractors
We reserve the right to engage qualified subcontractors to assist with service delivery. All subcontractors are contractually bound to confidentiality and quality standards.
8.2 Platform Access
The Client is responsible for granting appropriate access to third-party systems. We accept no liability for interruptions, data loss, or platform errors beyond our control.
9. On-Site Services
9.1 Definition
On-site services are real-time tasks delivered in person (e.g. workshops, content shoots). These services are currently limited to the Wellington region.
9.2 Inclusions and Conditions
Allocated hours include travel time. Additional travel or accommodation costs will be invoiced separately. On-site hours must be used within the current billing period and cannot be carried over.
10. Disclaimers and Limitation of Liability
10.1 No Guarantee of Results
We do not guarantee specific performance outcomes, including but not limited to sales, traffic, or conversions.
10.2 Approved Work
We shall not be held liable for any damage, loss, or reputational harm to the Client’s business arising from work that has been approved by the Client for publication.
10.3 Limitation of Liability
Our total liability shall not exceed the amount paid by the Client for the relevant service during the prior one-month period. We are not liable for any consequential, indirect, incidental, or punitive damages.
10.4 Force Majeure
We shall not be liable for delays or non-performance caused by circumstances beyond our reasonable control, including but not limited to natural disasters, internet outages, government restrictions, pandemics, or platform failures.
11. Termination of Service
11.1 Monthly Services
Clients may cancel monthly subscriptions at any time with written notice. Access continues until the end of the current billing period.
11.2 Termination for Cause or Misconduct
We reserve the right to terminate any project or ongoing service immediately if, in our reasonable opinion, the Client relationship becomes unproductive, abusive, or misaligned with our company values. Any outstanding work will be paused and remaining charges invoiced.
12. Dispute Resolution
If a dispute arises, both parties agree to attempt to resolve it through good-faith negotiation. If resolution is not achieved, the matter shall be referred to mediation under New Zealand law.
13. Governing Law
This Agreement shall be governed by and interpreted in accordance with the laws of New Zealand. Any legal proceedings must be brought exclusively in New Zealand courts.
14. File Retention
We retain completed client files and project materials for up to 12 months following the termination of services. After this period, files may be securely deleted unless otherwise agreed in writing.
15. Revisions to These Terms
We may update these Terms from time to time. Changes will be posted to our website and communicated where appropriate. Continued use of our services constitutes acceptance of the updated Terms.
16. Contact Details
For questions or concerns, contact:
📧 sales@servicesaver.co.nz
These Terms of Service were last updated on 1/8/2025.
For more information, please see our website Terms & Conditions and Privacy Policy.