Terms of Service

These terms apply to your use of the Webgun website and, where noted, to the services we provide. Webgun is a web design and digital marketing company based at 94b Henderson Valley Road, Henderson, Auckland 0612, New Zealand.

Using this website

You may use this site to learn about our services and to contact us. You agree not to use it to break the law, to interfere with its operation or security, or to extract content systematically for republication.

We aim to keep the site available and accurate, but we do not promise it will always be available or error-free, and we may change or remove content at any time.

Enquiries and quotes

Information on this site — including service descriptions and any indicative pricing — is an invitation to enquire, not a binding offer. Nothing on this site creates a contract between us. Work begins only once we have agreed scope and price in writing.

Our services

Each engagement is governed by the written proposal, quote or agreement for that engagement. Where those documents conflict with these terms, they take precedence for that client. That includes any specific commitment we have made — for example the terms of our SEO guarantee, which are set out on its own page and in the written agreement for that engagement.

What we can and cannot promise

We will provide our services with reasonable care and skill.

Search engines, advertising platforms and social networks are controlled by third parties. We do not control their algorithms, policies, pricing or availability, and they change without notice. We cannot and do not guarantee any specific search ranking, traffic volume, advertising cost, conversion rate or revenue outcome, and you should treat any projection we give as an estimate based on the information available at the time.

Where we have agreed measurable targets in writing for a particular engagement, those targets apply as written in that agreement.

Your responsibilities as a client

• Provide accurate information, and the access we need to do the work.
• Hold the rights to any content, images or trade marks you give us to use.
• Review and approve work where we ask you to.
• Pay invoices by their due date, as set out in your engagement agreement.
• Comply with the terms and advertising policies of any third-party platform used for your work.

Intellectual property

The content of this website — text, design, graphics and code — belongs to Webgun unless stated otherwise.

For client work, ownership of the deliverables is set out in your engagement agreement. Content you supply remains yours. Third-party components used in a build — fonts, plugins, libraries, stock imagery — remain the property of their owners and are licensed, not sold.

Third-party services

Our work commonly involves third-party platforms and services, such as hosting providers, search and advertising platforms, analytics tools and payment processors. Their own terms apply to their services, and we are not responsible for their acts, omissions, outages, policy decisions or price changes.

Liability

Nothing in these terms limits your rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 where those Acts apply. Where you acquire our services for the purposes of a business, you agree that the Consumer Guarantees Act does not apply, as section 43 of that Act permits.

To the extent the law allows, we are not liable for indirect or consequential loss, loss of profit, loss of revenue, or loss of data, and our total liability arising from an engagement is limited to the fees you have paid us for that engagement in the twelve months before the claim arose.

Privacy

How we handle personal information is set out in our Privacy Policy.

Changes

We may update these terms from time to time. The date at the top shows when they last changed. The terms in force when we agree an engagement continue to apply to that engagement.

Governing law

These terms are governed by New Zealand law, and the New Zealand courts have exclusive jurisdiction over any dispute arising from them.

Contact

hello@webgun.nz

See also our Privacy Policy.