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Mahi-Mahi Digital Solutions
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Terms & Conditions

Welcome to Mahi-Mahi Digital Solutions ("we," "us," or "our"), based in Whakatane, New Zealand. By engaging our services, including web hosting, web design, and business solutions, you ("the Client") agree to these Terms and Conditions ("Terms"). These Terms govern the use of our services and form part of any contract between us. Please read them carefully.

1. Services

Mahi-Mahi Digital Solutions provides the following services to small and medium-sized businesses under our Coastal Startup, Ocean Pro, and Deep Dive packages

  • Web Hosting: Provision of server space, bandwidth, and related infrastructure for hosting websites, including domain management, SSL certificates and backups.
  • Web Design: Creation and maintenance of custom, responsive websites, including e-commerce platforms, portfolios and interactive features.
  • Business Solutions: Digital tools and strategies such as CRM integration, email marketing, and analytics, tailored to enhance business operations.

Service details, including scope and deliverables, will be outlined in a separate Client Contract or proposal.

2. Client Responsibilities

  • Web Hosting: Provision of server space, bandwidth, and related infrastructure for hosting websites, including domain management, SSL certificates and backups.
  • Web Design: Creation and maintenance of custom, responsive websites, including e-commerce platforms, portfolios and interactive features.
  • Business Solutions: Digital tools and strategies such as CRM integration, email marketing, and analytics, tailored to enhance business operations.
  • Content Provision: Clients must provide accurate, lawful, and non-infringing content (e.g., text, images, logos) for web design and hosting. We are not responsible for content that violates intellectual property rights or applicable laws.
  • Access and Cooperation: Clients must provide necessary access to systems, accounts, or information required to deliver services (e.g., domain registrar credentials, branding guidelines).
  • Compliance: Clients agree to use our services in compliance with New Zealand laws, including the Privacy Act 2020 and Fair Trading Act 1986.

3. Payment Terms

  • Pricing: Fees for services are outlined in the Client Contract or quote. All prices are in New Zealand Dollars (NZD) and exclude GST unless stated otherwise
    • Payment Schedule:
      • Web Design: 50% deposit upon project commencement, with the remaining 50% due upon completion or within 30 days of final invoice, whichever comes first.
      • Web Hosting: Monthly, quarterly, or annual subscriptions, payable in advance. Invoices are issued 7 days prior to the due date.
      • Business Solutions: As specified in the Client Contract, typically with a deposit and milestone-based payments.
    • Payment Methods: Payments can be made via bank transfer, credit card, or other methods specified in the Client Contract. A 2% surcharge may apply to credit card payments.
    • Late Payments: Overdue invoices incur a 2% monthly interest charge. We reserve the right to suspend services (e.g., disable website access) for non-payment after 14 days of written notice.
    • Refunds: No refunds are provided for completed web design work or prepaid hosting subscriptions unless required by New Zealand law (e.g., Consumer Guarantees Act 1993). Refunds for faulty services will be assessed on a case-by-case basis.

4. Web Hosting Terms

  • Uptime Guarantee: We aim for 99.9% uptime, excluding scheduled maintenance. We are not liable for downtime caused by third-party providers, client actions, or force majeure events (e.g., natural disasters).
  • Data Backups: We provide daily backups for hosted websites, retained for 30 days. Clients are responsible for maintaining their own backups unless otherwise agreed.
  • Acceptable Use: Clients must not use hosting services for illegal activities, spamming, or hosting malicious content (e.g., malware). We reserve the right to suspend or terminate services for violations, with notice where feasible.
  • Termination of Hosting: Either party may terminate hosting services with 30 days’ written notice. Upon termination, clients must migrate their data within 14 days, after which we may delete it.

5. Web Design Terms

  • Ownership: Upon full payment, clients own the website design (excluding third-party assets, e.g., licensed images or plugins). We retain the right to showcase the work in our portfolio unless otherwise agreed.
  • Revisions: Packages include a set number of revisions (Coastal Startup: 2, Ocean Pro: 4, Deep Dive: 6). Additional revisions are charged at an hourly rate, as specified in the Client Contract.
  • Project Timeline: Timelines are estimates and depend on client responsiveness. Delays in providing content or feedback may extend delivery dates.
  • Third-Party Assets: Clients are responsible for licensing costs of third-party assets (e.g., stock images, premium plugins) unless included in the package.

6. Intellectual Property

  • We grant clients a non-exclusive license to use deliverables (e.g., website code, designs) for their intended purpose. We retain ownership of proprietary tools, frameworks, or pre-existing code.
  • Clients warrant that provided content does not infringe third-party rights. We are not liable for claims arising from client-supplied materials.

7. Limitation of Liability

  • To the extent permitted by New Zealand law, our liability is limited to the cost of services provided. We are not liable for indirect losses (e.g., lost profits, data loss) or issues caused by third parties or client actions.
  • Under the Consumer Guarantees Act 1993, clients are entitled to services of reasonable quality and remedies for non-compliance.

8. Termination

  • Either party may terminate services with 30 days’ written notice, subject to the Client Contract.
  • We may terminate immediately for breach of these Terms (e.g., non-payment, illegal use) after providing reasonable notice.
  • Upon termination, clients must pay outstanding invoices. No refunds are issued for prepaid services unless required by law.

9. Privacy and Data

  • We collect, store, and process client data in accordance with the Privacy Act 2020. See our Privacy Policy for details.
  • Clients are responsible for ensuring their websites comply with privacy laws (e.g., cookie consent, data collection notices).

10. Governing Law

These Terms are governed by the laws of New Zealand. Disputes will be resolved in the courts of New Zealand.

11. Changes to Terms

We may update these Terms with 14 days’ notice via email or our website. Continued use of services constitutes acceptance of updated Terms.

Contact Us

For questions or concerns, contact us at:

  • Email: info@mahimahidigital.co.nz
  • Address: Mahi-Mahi Digital Solutions, Whakatane, Eastern Bay, New Zealand