Bad Badger Digital

1. Who We Are

Bad Badger Digital is a New Zealand sole trader. Registered business address available on request. Contact: hi@badbadger.digital | 03-667-44-77

2. Services We Provide

We offer digital marketing, software consulting, and related services including websites, SEO, advertising, automation & integrations, analytics, hosting, and custom development. Services may be provided by us or by approved subcontractors.

3. Individual Agreements

Each project or retainer will generally be governed by a written proposal or Statement of Work (SOW). Where an SOW conflicts with these Terms, the SOW takes priority.

4. Client Responsibilities

• Provide timely access, approvals, content and brand assets.
• Ensure any content you provide is lawful and does not infringe third-party rights.
• Maintain control of platform accounts and apply recommended security measures.

5. Third-Party Platforms

We use third-party platforms (e.g. advertising platforms, CRMs, AI tools). We are not responsible for outages, policy changes, account suspensions, or data loss caused by those platforms. Platform fees are payable directly by you unless otherwise agreed.

6. Pricing & Payment

We offer project-based fees and monthly retainers. Invoices are payable within 7 days. Prices are in NZD. We may pause work or withhold deliverables until outstanding invoices are paid.

Refunds: Refunds are available where agreed or for proportionally undelivered retainer services on cancellation.

7. Term & Termination

Either party may end an ongoing service with 1 month written notice. Work already delivered is payable; undelivered work will be refunded proportionally. We may terminate immediately for serious breach or non-payment.

8. Intellectual Property

When you have paid in full, you own final deliverables (designs, copy, website content). We retain ownership of internal tools, frameworks, templates, and reusable code. These may be reused across projects.

Portfolio use: We may showcase work publicly only by mutual agreement.

9. Confidentiality

Both parties will keep non-public information confidential and use it solely to perform the project, except where disclosure is required by law.

10. Warranties & Guarantees

We will use reasonable skill and care. We do not guarantee outcomes such as traffic, rankings, leads or revenue.

11. Automations, AI & Data

We may use AI and automation tools. AI outputs may contain errors — you must review content before publishing. You are responsible for any messages sent by automated systems configured for you.

12. Limitations of Liability

Our total liability to you is limited to the fees you paid us in the prior 6 months. We are not liable for indirect or consequential losses, including lost profits or revenue, to the extent permitted by law.

13. Compliance & Indemnity

You are responsible for complying with privacy, spam and advertising laws and platform rules. You indemnify us against claims arising from your content or misuse of deliverables.

14. Subcontracting

We may subcontract work. We remain responsible for overall delivery and quality.

15. Support & Maintenance

Support is provided on a best-effort basis unless an SLA is explicitly agreed in writing.

16. Dispute Resolution

We will attempt to resolve disputes in good faith and, if necessary, attend mediation in New Zealand before pursuing court action. These Terms are governed by New Zealand law.

17. Variations

We may update these Terms from time to time. Continued use of our services constitutes acceptance of the updated Terms.