Last updated: 16 April 2026
This Client Services Agreement (“Agreement”) is between Bay Web Co (“we”, “us”, “our”) and the client submitting an enquiry, signing up for a service, or engaging us for work (“you”, “your”, “the Client”). By submitting a contact form, signing up for a plan, or engaging us in writing, you agree to the terms below.
1. Services
We provide web design, development, SEO, Google Business Profile management, Google Ads management, hosting, and ongoing website care services. The specific services, deliverables, timelines, and fees for each engagement will be set out in a written quote, Statement of Work, or hosting plan (“the Scope”). This Agreement applies to all engagements unless expressly varied in writing.
2. Quotes, fees, and payment
- Quotes are valid for 30 days from the date of issue unless stated otherwise.
- Prices are quoted in New Zealand Dollars (NZD) and exclusive of GST unless stated.
- For project work, a deposit of 50% is required before work commences, with the balance payable on completion unless the Scope specifies otherwise.
- Hosting and care plans are billed monthly or annually in advance via Stripe.
- Google Ads budgets are paid directly by you to Google. Our management fee is separate and billed monthly.
- Overdue invoices may accrue interest at 1.5% per month from the due date. We may suspend services if accounts are more than 14 days overdue.
3. Your responsibilities
You agree to:
- Provide accurate information and all materials (copy, images, branding assets, logins) needed for us to deliver the Scope.
- Respond to requests for feedback, approvals, or content within reasonable timeframes. Project timelines assume a 5 working-day turnaround on your approvals. Extended delays may result in re-scheduled delivery or additional fees.
- Ensure you have the legal right to supply any content, images, fonts, or code you provide to us.
- Keep your own backup copies of content you supply to us.
- Maintain the confidentiality of any login credentials we issue to you.
4. Our responsibilities
We agree to:
- Deliver the services described in the Scope with reasonable care and skill.
- Communicate progress, blockers, and changes in scope clearly.
- Protect your confidential information and credentials in accordance with our Privacy Policy.
- Provide reasonable support during and after project delivery as described in the Scope or applicable care plan.
5. Hosting and care plans
If you sign up for a hosting or care plan (“Plan”), the following apply:
- Scope of Plan: The specific inclusions (uptime monitoring, backups, updates, malware scans, support hours, etc.) are listed on the Plan page you sign up from.
- Uptime: We target 99.9% monthly uptime on servers we control. We do not guarantee uptime for third-party platforms, domain registrars, or integrations outside our control.
- Backups: We take regular backups as described in the Plan. You are responsible for maintaining your own off-site backups of any content you cannot afford to lose.
- Updates: We apply WordPress, theme, and plugin updates on a schedule described in the Plan. We are not responsible for downtime or compatibility issues caused by third-party plugins or themes that you or a prior provider installed, unless we specifically recommended them.
- Third-party costs: Domain registration, premium plugin licenses, SSL, email hosting, and third-party subscriptions are either paid by you directly or recharged to you at cost â specified in your Plan.
- Migration: If you later move hosting away from us, we will provide a standard site export at no charge. More extensive migration support is billable at our hourly rate.
6. Passwords and access
In the course of providing services, you may share login credentials (WordPress, hosting, domain registrar, Google accounts, social media, etc.) with us. You agree that:
- We may access those systems only for the purpose of delivering the Services.
- We store credentials in an encrypted password manager, accessible only to authorised Bay Web Co staff.
- We will not share your credentials with any third party without your consent.
- You are responsible for revoking access once our engagement ends if you choose not to ask us to do so ourselves.
- You authorise us to create a dedicated user account in your systems where possible, which we will recommend over sharing your own login.
- If we suspect a security incident involving your credentials, we will notify you without undue delay.
7. Intellectual property
- Your materials: You retain ownership of all content, branding, copy, images, and other materials you supply to us. You grant us a licence to use them for the purpose of delivering the Services.
- Final deliverables: On full payment of all amounts due for a project, ownership of the final deliverables (custom design, bespoke code, content we wrote for you) transfers to you.
- Our methods, tools, templates, and pre-existing IP: These remain ours. Where we use them in your deliverables, you receive a perpetual non-exclusive licence to use them as part of the deliverables.
- Third-party assets: Third-party plugins, themes, stock images, and licensed fonts are subject to their own licences. You are responsible for maintaining those licences once ownership of the deliverables transfers to you.
- Portfolio rights: We reserve the right to showcase the work we do for you in our portfolio and case studies, unless you tell us in writing that you do not consent.
- Credit: We may include a discreet “Built by Bay Web Co” credit in the site footer. You can ask us to remove this at any time.
8. Warranties and liability
- We warrant that we will perform the Services with reasonable care and skill.
- We do not guarantee specific SEO rankings, Google Ads results, traffic volumes, lead volumes, or revenue outcomes. Search engine rankings depend on many factors outside our control.
- To the maximum extent permitted by law, our total aggregate liability to you under or in connection with this Agreement is limited to the total fees paid by you to us in the 3 months immediately preceding the event giving rise to the claim.
- We are not liable for indirect, consequential, or special damages, loss of profit, loss of data, or loss of business opportunity.
- Nothing in this Agreement limits or excludes any rights you have under the Consumer Guarantees Act 1993 (if applicable to you as a consumer) or any other liability that cannot be excluded by law.
9. Privacy
Our collection, use, and disclosure of personal information is governed by our Privacy Policy, available at https://baywebco.nz/privacy-policy/. By engaging our services, you acknowledge you have read and understood the Privacy Policy.
10. Confidentiality
Both parties will keep confidential any non-public information exchanged during the engagement, except where disclosure is required by law or with the other party’s written consent.
11. Cancellation and termination
- Project work: Either party may terminate a project for material breach that is not cured within 14 days of written notice. On termination, you pay for all work completed up to that date plus any non-cancellable third-party costs we have incurred on your behalf.
- Hosting and care plans (monthly): Either party may cancel with 30 days’ written notice. No refund is payable for the current paid month.
- Hosting and care plans (annual): Cancellation mid-term forfeits the balance of the paid term, unless cancelled for our material breach.
- On termination we will, on written request, provide a standard export of your site and delete stored credentials within 30 days.
12. Governing law
This Agreement is governed by the laws of New Zealand. Any dispute will be resolved first by good-faith discussion between the parties. Unresolved disputes will be submitted to the exclusive jurisdiction of the New Zealand courts.
13. Changes to this Agreement
We may update this Agreement from time to time. The current version will always be available at https://baywebco.nz/terms/. For existing clients on ongoing plans, we will email you at least 30 days before any material changes take effect.
14. Contact
Bay Web Co
40a Waitui Grove, Mount Maunganui 3116, New Zealand
Email: info@baywebco.nz
Phone: 021 193 7251