Terms of Service
1. About these terms
These terms apply when you engage Wavelinelabs (Waveline Labs Limited, NZBN 9429053783448), a business based in Warkworth, New Zealand, to do work for you. In these terms, "we", "us" and "our" mean Wavelinelabs, and "you" means the person or business engaging us.
The details of each job, including scope, price, and timeframe, are set out in a written quote, proposal, or plan that we agree with you (a "Quote"). If a signed Quote conflicts with these terms, the Quote applies for that job. Together, these terms and the applicable Quote form the whole agreement between us for that job and replace any earlier discussions.
See our Privacy Policy for how we handle personal information.
2. What we do
We help small businesses save time on repetitive work. Depending on what you need, this can include setting up automations for tasks such as quoting, invoicing, and bookings, ongoing support to keep those running, building simple apps or websites, and help with social media and marketing content. We agree the scope of each job in writing before we start.
3. Quotes and prices
Prices shown on our website are indicative starting points. Your price is the one stated in your Quote. Fixed-price work covers a defined scope. If you ask for changes outside that scope, we will quote the additional work separately before doing it. Ongoing support and marketing plans are charged monthly. All prices are in New Zealand dollars, and your Quote will state whether GST applies.
4. Payment
Payment terms are stated in your Quote. If a Quote does not state them, the following apply: fixed-price projects are invoiced 50% on acceptance and 50% on completion; ongoing plans are invoiced monthly in advance; and each invoice is due within 7 days of its date. If an account is overdue we may suspend work and ongoing services until it is paid. We may charge interest on overdue amounts at 2% per month and recover reasonable costs of collection.
If you cancel a fixed-price job before we have started work, we will refund your deposit. If we have already started, the deposit is non-refundable and covers the work done to that point; if the work done is worth more than the deposit, we will invoice the difference.
5. Your responsibilities
You agree to give us timely access to the systems, accounts, and information the work needs, to provide accurate and complete information, and to respond to our questions and review requests within a reasonable time. You confirm that you are authorised to give us that access. Delays or incomplete information on your side may change the timeline and, for fixed-price work, the price.
6. Third-party services
The automations, apps, and websites we build usually depend on third-party platforms, such as your booking, accounting, payment, hosting, email, AI, or social media providers. Those platforms are controlled by others. They set their own terms and pricing, and they can change, restrict, or withdraw their services at any time. You are responsible for your own accounts and subscriptions with them and for any fees they charge. We are not responsible for loss or disruption caused by a third-party platform changing, failing, or ending a service.
This website also links to other projects of ours, including Calmento and mycircle.co.nz. Those are independently run sites with their own terms and privacy policies, which these terms do not cover.
7. Intellectual property
Once you have paid in full for a piece of work, you own the custom configuration, code, and content we created specifically for you as part of that work. We keep ownership of our own pre-existing materials, tools, templates, and know-how, including anything we develop that is general in nature, and we may reuse those on other projects. Open-source and third-party components remain subject to their own licences. You keep ownership of the content and data you provide, and you grant us the right to use it as needed to carry out the work.
8. Your content and responsibility for it
You are responsible for the content, data, and materials you give us or ask us to work with. You confirm that you own them or have the right to use them for this purpose, and that they are not unlawful, misleading, or infringing. You agree to cover us for any third-party claim, and any reasonable loss or cost we incur, arising from the content or materials you provide, from your use of what we deliver, or from your breach of these terms.
9. Ongoing plans
Ongoing support and marketing plans run month to month with no minimum term. Either of us may end a plan by giving 30 days' written notice. Work already done and the current month's fee remain payable.
10. Warranty and support
If something we deliver does not work as set out in the Quote, tell us within 30 days of delivery and we will correct it at no charge. This does not cover problems caused by changes you or a third party make after delivery, by a third-party platform changing, or by use outside the agreed purpose. Ongoing maintenance is provided only under a current support plan.
11. Consumer law
If you acquire our services for the purposes of a business, you agree that the Consumer Guarantees Act 1993 and sections 9, 12A, and 13 of the Fair Trading Act 1986 do not apply, and that it is fair and reasonable for them not to apply. If you are not in trade, nothing in these terms limits your rights under those Acts.
12. Limitation of liability
Except for the warranty in clause 10, our services are provided on an "as is" basis and we give no other warranty, including any implied warranty of fitness for a particular purpose. To the extent the law allows:
- our total liability for all claims connected with a job is limited to the fees you paid us for that job in the 12 months before the claim; and
- we are not liable for any indirect or consequential loss, loss of profit, loss of revenue, loss of goodwill, or loss or corruption of data, however it arises.
Nothing in these terms limits liability that cannot be limited by law.
13. Events outside our control
Neither of us is responsible for delay or failure to perform caused by events outside our reasonable control, including third-party platform outages, internet or infrastructure failure, natural events, or changes in law.
14. Confidentiality
Each of us will keep the other's non-public business information confidential, use it only for the work, and protect it with reasonable care. This does not apply to information that is public through no fault of the receiver, or that must be disclosed by law.
15. Subcontractors
We may use subcontractors to help deliver the work. We remain responsible to you for work done by our subcontractors.
16. Termination
Either of us may end the agreement immediately by written notice if the other materially breaches these terms and does not fix the breach within 14 days of being asked to, or becomes insolvent. On termination you must pay for all work done and costs committed up to that date. Clauses that by their nature should continue, including clauses 7, 8, 12, 14, and 17, survive termination.
17. General
You may not transfer your rights or obligations under the agreement without our written consent. If any part of these terms is found to be unenforceable, the rest continues to apply. A failure to enforce a term is not a waiver of it. Notices under these terms may be given by email to the addresses the parties usually use for the work.
18. Governing law
These terms are governed by New Zealand law. The New Zealand courts have non-exclusive jurisdiction.
19. Changes
We may update these terms from time to time. The version that applies to a job is the version in force when we agreed that job.