Terms Of Service

1. Introduction

Welcome to AdWorks (referred to as "we", "us", or "our").  By accessing or using our website and Services, you agree that you have read and agree to be bound by these Terms.  If you do not agree with these Terms, please do not continue to use our website or Services.

2. Definitions

  • Services: Refers to the marketing products and services offered and provided by AdWorks to a User.

  • Products: Refers to the marketing materials, software, or any other goods sold by AdWorks to a User.

  • Terms: means these terms and conditions.

  • User: Any individual or entity who accesses or uses our website and Services.

3. General Conditions

  • You must be at least 18 years old to use our website and Services.

  • You agree to provide accurate and complete information when booking, registering or purchasing Products or Services from our website. Any additional services or modifications to the scope of the Services and/or Products must be agreed upon in writing by both parties.

  • We reserve the right to refuse supplying Products or Services to anyone for any reason and at our sole discretion at any time without notice.

  • Use of the website is at the User’s own risk and the Products and Services are provided on an “as is” and “as available” basis without any representation or endorsement nor warranty of any kind.

4. Products and Services

  • All Products and Services are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue Products or Services without notice.

  • Images of Products and Services on our website are examples only.  

  • Products and Services provided will depend on the brief and information provided by the User, and we will have no liability or responsibility for any Products or Services. 

  • Further, we are not responsible for the content, quality or merchantability of any information, Product and Services offered herein and the User assumes full responsibility to evaluate independently the accuracy, completeness, quality and usefulness of any information, Product and Services, software or other content

  • We use our best endeavours to provide accurate descriptions of our Products and Services; however, we do not warrant that the descriptions are complete, reliable, current, or error-free.

  • The User is responsible for complying with any applicable laws (including intellectual property rights) and will hold us harmless against any liability arising from the use of our website or Services.

  • We are not responsible in any way for the contents of any website or webpage that our website might link to.

5. Pricing and Payment

  • All prices are in New Zealand Dollars (NZD) and include GST unless stated otherwise.

  • We reserve the right to change prices at any time without prior notice.

  • Payment for Products and Services must be made at the time of booking or as specified in the service agreement. 

  • We accept payments via credit or debit card.

  • Late payments will incur interest at a rate of 2% per month (to the extent allowable at law) on an overdue amount.This interest will accrue from the due date until the date payment is received in full.

  • At the time of booking, the User will complete the registration process by providing certain information and registering a username and password for use with the website, Products and Services.  You are responsible for maintaining the confidentiality of the username and password and for all activities under your account, and we will not be liable for any loss caused by your breach of this clause.

6. Delivery

  • We aim to process all orders within the timeframes and in the way specified on the individual product page.  This timing begins when AdWorks receives the properly completed briefing form from the User, not from the time of booking/purchase.

  • AdWorks is not responsible for delays in delivery of Products and Services due to response delays from the User in briefing or during feedback stages.

  • We are not responsible for delays caused by third-parties.

  • On receiving your approval of any Products or Services and/or at the time that you ask us to move any content to a live website where third parties can view it, you have accepted that Product or Service as being finished and complete.  You will have completed your own testing and assume full responsibility for any further issues with the Product and Service, regardless of the cause.

7. Termination, Cancellations and Refunds

  • Users may cancel any purchase of Products and/or Services within 48 hours of booking if the briefing form has not been submitted to AdWorks.  Once the briefing form has been submitted, work will commence and a 100% cancellation fee will apply if the User decides not to continue with the booking for any reason. 

  • You will be able to terminate your account with us if it is no longer required by providing at least 30 days’ prior notice in writing. In the event of termination, you will be liable to pay for all Services and/or Products rendered up to the date of termination. 

  • Should you find a problem with any Product or Service, you will advise us of the problem and we will immediately investigate the problem for you.  You will advise us promptly and explain your concerns, and clearly advise any dissatisfaction and what outcome you expect.  If the problem was caused by an error by us, or through providing the Products and Services, we will not charge you to correct it.  If the problem was caused by anything out of our control, then the investigation and charges for fixing the problem will be charged at our usual rates.  The User will be entitled to a quote at the User’s request.

  • To cancel a particular job with us once the briefing form has been submitted, please contact our customer service team at support@adworks.co.nz.

  • Refunds will be processed within 10 business days of cancellation if cancelled within the correct time frame.

  • Failure to complete the briefing document or respond within 30 days may result in project cancellation and non-refundable payment.

8. User Obligations

  • Users agree to provide all necessary information and cooperation required for the successful delivery of Products and Services.

  • Users must not use our Products and Services for any illegal or unauthorised purpose.

9. Intellectual Property

  • All content, including but not limited to text, graphics, logos, and images, is the property of AdWorks and is protected by New Zealand and international copyright laws.

  • Ownership of the Products and Services is retained by us until full payment is made for all Products and Services supplied to you by Adworks.

  • You may not use, reproduce, or distribute any content from our website without our prior written permission.

10. Privacy

  • We are committed to protecting your privacy.  Please refer to our Privacy Policy for information on how we collect, use, and disclose your personal information.

11. Limitation of Liability

  • Our liability is limited to the correction or removal of any erroneous information in the Products and Services after verification by the User and does not extend any further. 

  • Further, to the maximum extent permitted by law, AdWorks shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from your purchase or use of our Services or Products.

2. Governing Law and Disputes 

  • These Terms are governed by and construed in accordance with the laws of New Zealand.  You agree to submit to the exclusive jurisdiction of the courts located in New Zealand for the resolution of any disputes.

  • Where there is a dispute, in the first instance Adworks and the User will attempt to resolve the dispute within seven working (7) days of either party advising the other of the dispute.  If the dispute cannot be resolved, then the matter will be referred by either party to the NZ Dispute Resolution Centre for mediation. Legal action may only be taken once this process has occurred and the dispute has not been resolved.

13. Changes to Terms and Conditions

  • We reserve the right to update or modify these Terms at any time without prior notice.  Your continued use of our website and services following any changes constitutes your acceptance of the new Terms and we suggest that you review them regularly.

14. Contact Information

15. Severability

  • If one or more provisions of these Terms is or becomes illegal, invalid, or unenforceable in any respect and for any reason whatsoever, it will be severed from these Terms and will not affect the legality, validity or enforceability of the other provisions of these Terms.  

16. Entire Agreement

  • These Terms represent the entire agreement between Adworks and the User and may not be modified other than in writing confirmed by us. 

17. Waiver

  • No failure on the part of either party to enforce at any time any of the provisions of these Terms will be construed as a waiver of any of its rights under these Terms nor will any such failure affect the validity of any of the provisions of these Terms or otherwise prejudice that party in any way whatsoever.