SCOOCH MARKETING

These terms of agreement 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.

Basic Agreement

1. Respect Each Other
   Let’s respect each other so we can achieve something we’re all proud of.

2. Keep The Momentum Going
   Please ensure you work with us to keep your project on track, leading to a satisfying completion.

3. Trust Us
   We’re here to help you succeed, and we need you to trust our expertise. We ask that you trust us to make the right decisions.

4. Provide Clarity & Avoid Lengthy Revisions
   Provide project clarity and avoid excessive revisions to keep your budget on track.

5. Care & Dedication
   While we carry out all projects with care and dedication, we take no liability whatsoever for the impacts our work may have on your business, whether good or bad.

6. Payment
   Until payment is received, our hard work remains the property of Scooch Marketing Limited. We reserve the right to take down any work produced for you if payment is not received by the invoiced due date.

Associated Costs / Reimbursements

The Client is responsible for all travel, accommodation, and meal costs incurred by any Scooch Marketing employee or contractor unless provided by the Client. All travel expenses are based on the distance or time between the event location(s) and Scooch Marketing’s office address. Unless otherwise stated in writing, the Client shall be charged for Scooch Marketing’s travel costs by set fee, mileage fee, or in any other manner that Scooch Marketing chooses.

The Client shall reimburse Scooch Marketing for all job-related costs where Scooch Marketing makes payment to others on behalf of the Client. Scooch Marketing may add a service charge or commission, determined at Scooch Marketing’s absolute discretion. Unless otherwise specified in the agreement, the Client must pay all job-related costs and service charges/commissions to Scooch Marketing within 7 days of invoice.

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 get a printed proof, we cannot take any responsibility for discrepancies with your expectations on colour, paperweight, finish, size, etc. Please allow for a slight variation between the printed proof and the final set—digital printing is very good but not perfect.

Cancellations

If the Client cancels a booking/order or withdraws material while work is in process and/or before completion of the end product/contract, Scooch Marketing assumes no responsibility for the completion of the end work and is entitled to payment for all work completed at the time of cancellation or withdrawal, along with payment for all charges incurred for materials.

Communication with You

When we begin working together, we will collect your contact details, including email addresses, postal addresses, and telephone numbers. As a modern agency, our preferred methods of communication are email, telephone, and text, though we are always happy to meet in person if needed. It’s your responsibility to inform us of any changes to your contact details. Occasionally, we may reach out to confirm that the information we have is still accurate.

We will keep you updated periodically on the progress of your project and will notify you of any material or unexpected delays, significant changes, or complications in the work being undertaken.

Contract, Price, and Service Rates

The price provided in our quote is based on the rates and costs as of the date of the quote. Any increase in the cost of items or other factors between the quote date and the date of delivery may result in a price adjustment.

Production of products or services will only proceed after you have confirmed acceptance of the quote and agreed to these terms of engagement. Acceptance via email or verbally will be deemed full acceptance of the quote and these terms. Once any production has commenced, this also constitutes full acceptance of these terms.

Any changes requested to the product or service beyond the original quote will be charged at $125.00 plus GST per hour for labour, along with any additional printing or production costs incurred as a result of the variation.

All work carried out by Scooch Marketing Limited will be charged to the client. If we prepare files, options, or updates at your request, this is considered “work.” If you decide not to proceed with a quoted design or service, or if you wish to halt further work on your project, the original quote will be adjusted, and you will be invoiced to cover the time spent on any work completed at your request.

Service rates and fees are detailed in the schedule of this document, with all services charged in 15-minute increments. The minimum charge-out fee is 30 minutes.

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, or use them, they are yours, and you can do with them as you please.

It is up to you to research any copyright or 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.

Deposits

Before any work starts or the project commences, Scooch Marketing may require a non-refundable deposit for part or all of the amounts quoted in advance.

Interest and Overdue Payments

In the event that any monies are not paid in full on the due date, Scooch Marketing may suspend any further work until all amounts owing and any costs incurred are paid in full.

Interest will be charged at a rate of 5% per month on any overdue amounts from the date payment was due until the date payment is received, whether before or after judgment. In addition to penalty interest, an additional collection cost of $50.00 plus GST per month will be charged for any payments that are 30 days or more overdue.

All debt collection and related costs, including legal expenses (on a solicitor-client basis), will be on-charged to the Client.

Portfolio

The designs and work we produce may be used in our portfolios, albums, social media accounts, advertising material, and competitions. We can blur your 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.

Pricing, Payment, and Service Rates

The Client agrees to pay Scooch Marketing the amounts specified in the agreement. Scooch Marketing reserves the right to require payment before any materials are made available to the Client and may issue an invoice at any time for work already completed.

If Scooch Marketing’s fees and/or expenses are not quoted in advance, or if work extends beyond the initial agreement, the Client shall pay the invoiced amount in accordance with the rates outlined in the schedule of this document.

Service rates and fees are detailed in the schedule, with all services charged in 15-minute increments. The minimum charge-out fee is 30 minutes.

Quotes & Estimates

Any quote or estimate given is based on the brief and information provided by the Client and is subject to change if the brief or information changes. Any additions or changes outside the initial brief and information provided shall be charged at the hourly rates shown in the schedule of this document unless otherwise agreed.

All quotes and estimates are valid for 30 days from the date they are provided unless otherwise stated.

Estimates are not firm quotations and are liable to alteration. Any change to instructions given by the Client or job specifications made or agreed upon may alter the fees and job-related costs.

The Scooch Marketing office is our preferred location for all job-related meetings and project reviews as it is appropriately set up for meetings and presentations. If you prefer meetings at your office or any other location, additional fees may apply.

Stalled Projects

Where a project has stalled for longer than 30 days and the project completion is outside of Scooch Marketing’s control, Scooch Marketing will invoice for all work completed on any unfinished work or projects and any job-related costs incurred at that time. Examples include failure to provide feedback on revisions or drafts, including or sign off (approval) of any completed work.

Work Forfeited

Where the Client has failed to make reasonable attempts to complete the agreed work and/or project and has made no contact within 30 days, it can be assumed that the Client has forfeited the job and must, at the time of project suspension, pay Scooch Marketing for all work in progress and any job-related costs incurred at that time.

Work Suspended

Where the Client instructs that work is to be suspended for a period of 30 days or more, the Client must, at the time of suspension, pay Scooch Marketing for all work in progress and any job-related costs incurred at that time.

1. This website and its contents, including but not limited to text, graphics, logos, images, audio clips, digital downloads, and software, are the property of Scooch Marketing Limited - © 2024. All rights reserved.

   Prohibited Actions:

   • No Printing or Downloading: You may not print, download, or store any content from this website on any local hard disk or other storage device.

   • No Redistribution or Reproduction: You may not redistribute, reproduce, or transmit any content from this website in any form, electronic or otherwise, without express written permission from Scooch Marketing Limited.

   • No Commercial Use: The content on this website is provided solely for informational purposes and may not be used for commercial purposes, including marketing, advertising, or promotional activities, without explicit written consent.

   • No Modifications: You may not modify, adapt, translate, reverse engineer, or create derivative works based on the content of this website.

   By using this website, you agree to adhere to the above restrictions and terms of use.

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. 

General Information: The information contained on this website is provided by Scooch Marketing Limited for general information purposes only. While we strive to keep the information up-to-date and accurate, Scooch Marketing Limited makes no representations or warranties of any kind, express or implied, regarding the completeness, accuracy, reliability, suitability, or availability of 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 strictly at your own risk. It is your responsibility to make your own enquiries to determine whether the information or products are appropriate for your intended use.

1. Limitation of Liability:

   1. Scooch Marketing Limited will not 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.

   2. In no event will Scooch Marketing Limited be held liable for any loss or damage resulting from viruses, malware, or other harmful elements that may be transmitted through the website or its content. It is your responsibility to ensure that your device and software are protected and that any downloads or interactions with the website are done safely.

   Third-Party Links: This website may include links to other websites that are not under the control of Scooch Marketing Limited. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Scooch Marketing Limited has no control over the nature, content, and availability of those external sites. Access to any such linked site is at your own risk, and Scooch Marketing Limited is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites.

   Website Availability: 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 our control. Additionally, Scooch Marketing Limited reserves the right to suspend or terminate access to the website without notice for maintenance, updates, or any other reason deemed necessary.

   No Endorsement: The mention of specific companies, organizations, or authorities, including any hyperlinks to such entities, does not imply endorsement or recommendation by Scooch Marketing Limited unless explicitly stated. The content on this website is provided without any endorsement of any kind.

   Changes to the Disclaimer: Scooch Marketing Limited reserves the right to modify or update this disclaimer at any time without prior notice. It is your responsibility to review this disclaimer periodically to ensure you are aware of any changes. Your continued use of the website after any modifications indicates your acceptance of the updated disclaimer.

Introduction

This privacy policy explains how we may collect, store, use, and disclose any personal information that you provide to us when using this website. By continuing to use this website, you provide your unconditional consent to us collecting, storing, using, and disclosing your personal information as outlined below. This privacy policy is subject to and must be read in conjunction with, our Terms of Service.

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

Collection

We will only collect your personal information (including, without limitation, your name, email address, phone number, and postal address) when it is necessary for the purposes described in this policy. You may choose not to provide your personal information; however, if you do so, we may be unable to provide you with certain information or services.

Automated Collection

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. This may include your IP address, browser type, operating system, and the pages you access on our site. Please see our Cookies Policy for more information on how we use cookies and similar technologies.

Use and Disclosure

We will not use or disclose your personal information except in accordance with the New Zealand Privacy Act 2020 or as 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;

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

We will not sell, rent, or lease your personal information to third parties. Your personal information will be accessible only to authorised personnel within Scooch Marketing Limited for the purposes outlined above, and we will not disclose it to third parties unless you have given us prior approval or as required by law.

We may use or disclose personal information that you have provided to us or that we have obtained about you:

• For the purposes mentioned above;

• If you have authorised us to do so;

• If we have notified you of the intended use or disclosure and you have not objected;

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

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

Storage and Security

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

Data Breach

In the event that we become aware of a personal data breach related to our processing of personal data, we will notify you as soon as possible, outlining the nature of the breach and the actions we are taking to mitigate any potential harm.

Third-Party Websites

This website may contain hyperlinks to third-party websites. We are not responsible for the content or privacy practices of such websites, nor 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 to understand how they will handle your personal information.

Right to Access and Correct

You have the right to request access to, or correction of, any personal information we hold about you. If you wish to exercise this right, please contact us at hello@scoochmarketing.co.nz.

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

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

This privacy policy was last updated on 3 September 2024.

Hourly Rates

• Web Design: $125 + GST

• Social Media Management: $95 + GST

• Social Media Training/Workshops: $225 per hour + GST

• Graphic Design: $95 + GST

• Video Editing: $95 + GST

• Content Creation: On a case-by-case basis, but no less than $150 + GST

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, business or company buying the services from us.

"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