Legal & Privacy Protocols
/// OPERATIONAL FRAMEWORK
The Client acknowledges that they are acquiring the Services for the purposes of a business and that, in accordance with Section 43 of the Consumer Guarantees Act 1993 and Section 5D of the Fair Trading Act 1986, the provisions of these Acts shall not apply to this agreement.
1. Services and Definitions
- 1.1 "The Company": Means Creative Startup NZ.
- 1.2 "Services": Includes Logo Design, Website Design (HTML & Google Sites), SEO Audits, Social Media Audits, Video Assets, and Strategic Consulting.
- 1.3 "Full Launch Protocol": A high-velocity bundled service comprising a Professional Logo, 5-Page Website, Strategic Consult, and Stripe Integration.
2. Price and Payment
- 2.1 Pricing: Prices are fixed as advertised. All rates are plus GST (15%).
- 2.2 Stripe Fee Absorption: The Company absorbs all standard Stripe transaction fees. The price displayed + GST is the final price. No surcharge is applied to the Client.
- 2.3 Payment Terms (Standard): For standard engagements, payment is due in full prior to the commencement of work.
- Structure: Clients electing the "Revenue Run" option agree to split the total fee into three equal tranches:
(1) Mobilization: 33% due immediately to initiate build.
(2) Deployment: 33% due prior to "Go-Live" (public launch).
(3) Victory Lap: 33% due exactly 30 days after Go-Live date. - Absolute Obligation: The Client acknowledges that the final "Victory Lap" payment is a fixed debt obligation. It is not contingent on the Client's sales, revenue, or business performance during the 30-day period.
3. Client Responsibilities & Asset Deadlines
- 3.1 The 5-Day Rule: The Client must provide all copy, images, and branding assets within five (5) working days of the project kickoff.
- 3.2 Delay Impact: Failure to provide assets within this window will result in the project being moved to the end of the current production queue and may incur a rescheduling fee.
4. Service-Specific Terms
- Deliverables: Custom design by local NZ designers. High-resolution files (PNG, JPG, SVG).
- Revisions: Includes up to three (3) rounds of minor revisions.
- Scope: Design and development of up to five static pages.
- Integration: Full Launch Protocol includes setup of Stripe checkout and API keys.
- Delivery: For Google Sites, "Delivery" constitutes the transfer of "Owner" status to the Client’s Google Account.
- Scope: Diagnosis of technical debt, keyword strategy, and engagement consistency.
- Implementation: These services provide a roadmap/report. Implementation of recommended changes is a separate service.
- Scope: Custom animation of the Client's logo (Intros/Outros).
- Prerequisite: Client must provide high-quality vector files of their logo.
- Methodology: Focuses on Lean Startup and Bootstrapping strategies.
- The Accountability Mirror: We offer honest feedback to stop cash bleed; we do not guarantee results based on Client implementation.
5. "No Digital Hostage" Guarantee & IP Transfer
- 5.1 Standard Transfer: Upon full payment, the Company assigns to the Client all Intellectual Property Rights in the final deliverables.
- 5.2 Digital Sovereignty: The Client is responsible for their own account security (Google, Registrar, Stripe) post-transfer.
- Provisional License: For clients utilizing the 33/33/33 payment plan, the Website operates under a Revocable Provisional License until the final "Victory Lap" payment is cleared. Intellectual Property rights do not transfer until 100% of the invoice is settled.
- License Enforcement Script: The Client acknowledges that the website code contains a date-based license validator. If the final payment is not received by the due date, a "Service Payment Due" notice will automatically appear on the website footer.
- Tampering Prohibition: Removing, obfuscating, or altering this license code prior to final payment constitutes a material breach of contract.
6. Warranties & Liability
- 6.1 15-Day Warranty: A 15-day technical warranty is provided on Website code and links from the date of delivery. This excludes issues caused by Client modifications or third-party platform changes.
- 6.2 No Earnings Guarantee: The Company makes no guarantee regarding future revenue, traffic, or business success resulting from our Services.
7. Cancellation, Refunds & Disputes
- 7.1 Change of Mind: No refunds are provided once work has commenced.
- 7.2 Bundled Services: If a bundled package is cancelled partway through, the Company reserves the right to charge the full list price for individual services already delivered.
- 7.3 Mediation: Disputes that cannot be resolved within 5 working days must be referred to mediation via the Resolution Institute (NZ).
- 7.4 Payment Default (Revenue Run): Failure to clear the final payment within 7 days of the due date will result in immediate revocation of the Provisional License and potential suspension of hosting services or site access.
Privacy Policy
JURISDICTION: NEW ZEALAND (PRIVACY ACT 2020)
EFFECTIVE DATE: OCTOBER 2025
1. Introduction
Creative Startup NZ ("we," "us," or "our") is committed to protecting your privacy. This policy outlines how we collect, use, store, and share your personal information in compliance with the New Zealand Privacy Act 2020.
We provide digital services, including website development, branding, and business consulting. By using our website and services, you acknowledge that we collect and use your information as described below.
2. Information We Collect
We collect information directly from you when you fill out our forms, register for workshops, or engage with our services.
- Contact Details: Name, Email Address, Mobile Number.
- Project Data: Business name, industry, and specific project requirements.
- Free-Text Inputs: Information you voluntarily provide in the "Briefing Notes" or "Requirements" fields.
- Identity: First Name, Last Name.
- Contact: Email Address.
- Marketing Status: Your consent to receive workshop updates and newsletters.
When you visit our website, we use Google Analytics 4 to collect anonymous technical data, including:
- Your IP address (anonymized).
- Browser type and operating system.
- Pages viewed and time spent on the site.
3. How We Use Your Information
We use your personal information strictly for the following purposes (Principle 1):
- Service Delivery: To assess your project requirements, provide quotes, and deliver digital assets (logos, websites, strategies).
- Account Status: To monitor payment schedules and manage the "Revenue Run" payment protocol milestones.
- Communication: To send you invoices, project updates, and meeting links.
- Workshop Administration: To manage event attendance and send you relevant workshop materials.
- Marketing: To send you tactical business advice and updates, only if you have opted in. You may unsubscribe at any time via the link in the footer of our emails.
4. Disclosure & Third-Party Processors
We do not sell, rent, or trade your personal information. However, we use trusted third-party software providers to operate our business. By using our forms, you acknowledge that your data may be processed by:
- Google (Apps Script & Sheets): We use Google's secure cloud infrastructure to process form submissions and store project inquiries.
- Brevo (formerly Sendinblue): We use Brevo to manage our workshop registrations and email newsletters.
- Google Analytics: We use this tool to track anonymous website traffic patterns.
Because we use cloud-based providers (Google, Brevo), your personal information may be stored on servers located outside New Zealand (e.g., USA, Europe). We ensure these providers utilize industry-standard security safeguards—such as GDPR compliance and data encryption—that are comparable to the protections afforded by the New Zealand Privacy Act 2020.
5. Storage and Security
We take all reasonable steps to protect your personal information from loss, misuse, or unauthorized access (Principle 5):
- Encryption: Our website uses SSL (HTTPS) encryption to protect data in transit.
- Access Control: Access to our client databases (Google Sheets/Brevo) is restricted to authorized personnel only.
- Data Minimization: We do not collect passwords or financial data via standard website forms.
6. Retention of Information
We retain your personal information only for as long as necessary (Principle 9):
- Project Assets: We retain design files, strategy documents, and client briefs for 7 years for tax purposes and portfolio continuity.
- Marketing Lists: We retain workshop registration data until you unsubscribe.
7. Your Rights
Under the Privacy Act 2020, you have the right to:
- Access: Request a copy of the personal information we hold about you.
- Correct: Ask us to correct your information if you believe it is wrong.
To exercise these rights, or if you have a privacy concern, please contact our Privacy Officer:
Email: russell@creativestartupnz.com
Location: Canterbury, New Zealand