Legal Bits and Bobs

These terms of trade have been set up to protect the client and Scooch Marketing. We are friendly, approachable people, so if you have any questions or wish to discuss any of these terms and conditions at any stage, please feel free to send an email. Alternatively, you can phone Tam Johnson at Scooch Marketing Limited on 021 222 0875.

Please read these terms and conditions carefully before using our services.

Terms of Engagement - Scooch Marketing Limited

Interpretation

These Terms of Engagement (Terms) are entered into on behalf of and are intended to bind and be for the benefit of Scooch Marketing Limited.

In these conditions:

"Us" or "our" means Scooch Marketing Limited

"You" or "your" means the person, firm or company buying the services from the supplier.

"Contract" means the contract between us and you.

"Contract price" means the price of the products as agreed between us and you, subject to any variation in accordance with clauses 2 or 3.

"Delivery date" means the date the products and services are estimated to be delivered.

"person" includes a corporation, association, firm, Supplier, partnership or individual.

"products" or "services" means the service being purchased by you from us and all services performed by us (including any social media advice/social media written content/photography, website design/development/hosting and graphic design/artistic work).

Headings are used as a matter of convenience only and shall not affect the interpretation of these conditions.

Approval

You are responsible for checking all work before publishing for errors, typos and grammar. Scooch Marketing Limited accepts no liability for errors in any work provided.

Please be aware that every computer screen is calibrated differently, and colours also vary on different screens. We insist on a printed proof being approved before printing commences to give you the best idea of the final result. If you choose not to receive a printed proof we cannot take any responsibility for discrepancies with your expectations on colour, paperweight, finished size etc. If for any reason, a reprint is required, this will be charged at full price if a printed proof was declined. Please allow for a slight variation between the printed proof and the final set – digital printing is very good but not perfect. We will do our best to match the colours as closely as possible. 

Contract and Price

The price contained in our quote is based upon rates and costs as of the date of the quote. The amount of any increase in the cost of any such items or any other factors between the above-mentioned date and the date of delivery may increase the price.

Production of the products or services will not proceed until you have confirmed acceptance of the quote and agreed to these terms of engagement. Acceptance via email correspondence or verbally shall be deemed full acceptance of the quote and these terms of trade, or once any production has commenced by us on the product, this is considered as full acceptance of these terms of trade.

Any requested changes to the Product or Service from the price in the quote will be charged by us at the rate of $125.00 plus GST per hour for labour plus any additional printing or production costs incurred as a result of the variation.

Any work carried out by Scooch Marketing Limited will be charged to the client. If we put together files/options/updates for you at your request, this is considered “work”. If a design or service has been quoted and you do not wish to go ahead, or if you wish to stop further work on your project, the original quote will be amended, and you will be invoiced to cover the time we have spent producing any work carried out at your request. 

Payment

A deposit of 50% of the contract price will be required immediately upon acceptance of the quote unless otherwise agreed by us.

Full payment is required before the final files or work is released. For clients who pay on account, payment is due no later than the 20th of the month following the date of issue on the invoice. If not paid by the 20th of the month following the date of issue, your invoice is seen as overdue. We reserve the right to apply a penalty interest of 5% per month to any overdue amount. If you need to pay your invoice off instead of one lump sum payment, please let us know before any work commences, as we are happy to discuss a suitable solution before work is carried out. 

You are not entitled to withhold payment or to make any deductions from the contract price without our prior written consent.

You, the customer agree that you will be liable for all costs associated with the recovery of any outstanding invoices - Such costs include all debt collection at the full rate charged by the chosen debt collection agency and legal costs at the rate charged by a legal practitioner or court.

Interest for Late Payment

Interest will be charged at 5% per month overdue and is payable on any money outstanding under the contract from the date payment was due until the date payment is received by us, whether before or after judgment but without prejudice to our other rights in respect of non-payment or late payment. In addition to penalty interest, we will charge an additional collection cost of $50.00 plus GST per month for any payments that are 30 days or more overdue.

How we will communicate with you

When we start working with you, we will obtain your contact details, including email addresses, postal addresses and telephone numbers. We are a modern agency and so we prefer to communicate via, email, telephone and text (though we are always happy to meet in person). It is up to you to let us know if your details change. However every now and again we may make contact just to check you are still using the addresses and numbers you provided at the beginning.

We will communicate with you periodically on the progress of any engagement and will inform you of any material and unexpected delays, significant changes or complications in the work being undertaken.

Portfolio

The designs and work we produce may be used in our portfolios, albums, social media accounts, advertising material and competitions. We can blur our personal contact details online (such as email addresses and phone numbers). We are very happy to tag you or your business on social media. If you do not wish to be featured, please let us know. 

Please do not reproduce any of our work. If you want to share photos, please ask! And credit Scooch Marketing + tag us in them, please.

Copyright

Copyrights on design services. For business services or items: once paid in full, the copyright is yours, and we can give you a set of final files upon completion. We hold no restrictions over the items we produce for you. If you want to sell/promote/use them, they are yours, and you can do with what you please.

It is up to you to research any copyright/trademark breaches for work such as logos. Of course, we will never intentionally breach copyright on someone else’s branding. All of our logos are created from scratch. 

Data Collection 

Scooch Marketing collects information such as names, email addresses, postal addresses, phone numbers etc., in the process of creating design work and sending orders. Your information will be kept in-house for the purpose of completing your orders, except where a supplier may need to drop ship to you or if we need to pass your overdue debt to a debt collection agency.

By using any service from Scooch Marketing Limited, you agree to these terms and conditions.

Our Terms of Trade were last updated on 6 December 2022.

1. This website and its contents are the copyright of Scooch Marketing Limited - © 2023.  All rights reserved.

2.  Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:

   i. You may print or download contents to a local hard disk for your personal and non-commercial use only.

   ii. You may copy some extracts only to individual third parties for their personal use, but only if you acknowledge the website as the source of material.

3. You may not, except with our express written permission, distribute or commercially exploit the content of this website. You may not transmit it or store it on any other website or other forms of electronic retrieval system.

If you continue to browse and use www.scoochmarketing.co.nz, you are agreeing to comply with and be bound by the following disclaimer, together with our terms and conditions of use, displayed on our website www.scoochmarketing.co.nz if any. 

1. The information contained in this website is for general information purposes only and is provided by Scooch Marketing Limited. While Scooch Marketing Limited endeavours to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information,  products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is, therefore, strictly at your own risk. You need to make your own enquiries to determine if the information or products are appropriate for your intended use.

   2. In no event will we be liable for any loss or damage, including, without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

   3. Through this website, you may be able to link to other websites that are not under the control of Scooch Marketing Limited.  It must be noted that Scooch Marketing Limited has no control over the nature, content and availability of those websites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

   4.  Every effort is made to keep the website up and running smoothly. However, Scooch Marketing Limited takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond its control.

Introduction

1. This privacy policy explains how we may collect, store, use, and disclose any personal information that you provide to us when using this website. Your continued use of this website provides your unconditional consent to us collecting, storing, using, and disclosing your personal information in the manner set out below. This privacy policy is subject to and must be read in conjunction with our Terms of Service.

2. In this privacy policy, ‘we’, ‘us’, and ‘our’ refers to Scooch Marketing Limited.

Collection

3. We will only collect your personal information (including, without limitation, your name, email address, phone number, and postal address) that is necessary.  You may decide not to provide your personal information to us. However, if you do not provide it, we may not be able to provide you with access to certain information or services.

Automated Collection

4. When you visit this website, we may use automated technology (such as usage monitoring software, cookies, and sessions) to collect and store certain information about your visit. Please see our Cookies Policy for more information.

Use and Disclosure

5. We will not use or disclose your personal information except in accordance with the New Zealand Privacy Act 2020 or required by law.  We may use your personal information to:

• Communicate with you;

• Analyse usage of this website;

• Provide you with further information, news, and promotional material; and

• Improve the content of this website and customise this website to your preferences.

6. We will not sell, rent, or lease your personal information to third parties.  Your personal information will be made available internally for the above purposes, and we will not disclose your personal information to third parties unless you have given us prior approval.  By providing us with your personal information, you consent to our use and disclosing of your personal information in the manner set out above.

7. We will only use or disclose personal information that you have provided to us or that we have obtained about you:

• For the above-mentioned purposes;

• If you have authorised us to do so;

• If we have given you notification of the intended use or disclosure and you have not objected to that use or disclosure;

• If we believe that the use or disclosure is reasonably necessary to assist a law enforcement agency or an agency responsible for national security in the performance of their functions;

• If we believe that the use or disclosure is reasonably necessary to enforce any legal rights we may have, or is reasonably necessary to protect the rights, property and safety of us, our customers, or others; or

• If we are authorised, required or permitted by law to disclose the information.

Storage and Security 

8. Personal information collected on this website is collected and held by Scooch Marketing Limited. We will make reasonable efforts to protect the personal information that is held by us from loss, misuse, unauthorised access, disclosure, alteration, or destruction. 

Data Breach

9. If we become aware of a personal data breach related to our processing of personal data, we will notify you as soon as possible.

Third Party Websites

10. This website may contain hyperlinks to third party websites. We are not responsible for the content of such websites, or for the manner in which those websites collect, hold, use, and distribute any personal information you provide.  When visiting a third-party website from hyperlinks displayed on this website, we encourage you to review the privacy statements of those websites so that you can understand how the personal information you provide will be will collected, held, used and distributed.

Right to Access and Correct

11. You may request access to, or correction of, any personal information we hold about you by contacting us at hello@scoochmarketing.co.nz. 

12. To ensure that the personal information we hold about you is accurate and current, please notify us of any changes to your personal information as soon as possible.

Changes to this Privacy Policy

13. We reserve the right, at our discretion, to update or revise this privacy policy at any time. Changes to this privacy policy will take effect immediately once published on this website. Please check this privacy policy regularly for modifications and updates. If you continue to use this website or if you provide any personal information after we post changes to this privacy policy, this will indicate your acceptance of any such changes.

    This privacy policy was last updated on 6 December 2022.