Terms and Conditions
Definitions
“We”, “us”, “our” refers to Mettley, trading as Mettley Ltd.
“You”, “your” refers to any visitor or customer.
“Goods” means products we offer for sale.
“Services” means services we provide through the website.
Agreement
By engaging our services (e.g. by accepting a quote, invoice, email, or paying us), you agree to these Terms, even without explicit signature
Service Scope
Explain in detail what services you're providing, whether it's one-off or ongoing, what work is included/excluded, and that scope is determined by your proposal or quote.
Customer Obligations
To perform the service effectively we need the client to provide:
For social media services …
Access to social media data and analytics
Internal photos and videos
In-depth Information about your business
The client to meet with us 1:1 for 60 minute once a month (Via Zoom or in person)
Acknowledge that project timelines depend on mutual cooperation—if you delay your input, the completion date may be adjusted accordingly .
Feedback of services
For administration services…
Authorized access with IRD (In some cases : like filing GST)
Authorized access to act on behalf in Xero
Authorized access to act on behalf through internet banking or the client can upload the export file when making outgoing payments.
Authorized access to accounts email for moving bills into Xero or emailing communications
In-depth financial information about your business (Including financial goals, previous years profit and loss etc)
The client to meet with us 1:1 for 60 minute once a month (In person or via zoom)
Feedback of services
For branding services…
In-depth Information about your business (Including brand values, confirmation on product or service offerings target audience, etc)
Provide access to any required brand assets, third-party platforms, or physical locations, and ensure you have the rights to any materials supplied (e.g., logos, photos) .
The client to meet with us 1:1 for 60 minutes (Via zoom or in person)
Feedback of services
Ensure you respond promptly to ensure your project is completed in a timely manner
Image & Video Ownership
Any photographs, videos, or audio recordings ("Media") taken by or on behalf of Mettley, whether of your premises, staff, or activities, are and remain the sole property and copyright of Mettley.
You agree that:
All copyright and related rights (including moral rights) in the Media are automatically vested in and retained by Mettley under the Copyright Act 1994
You grant Mettley a perpetual, worldwide, royalty-free licence to use, reproduce, adapt, publish, and distribute the Media in any format, including for promotional, portfolio, or marketing purposes.
You will not dispute Mettley’s ownership or rights in the Media and will execute any documents (e.g. consent or release forms) reasonably required by Mettley to confirm or enforce those rights .
You waive any moral rights or career privacy claims to the extent permitted by law and agree not to assert those rights against Mettley. If moral rights cannot be waived, you permit Mettley to do any acts or omissions otherwise prohibited by those rights .
Payment & Quotes
Our standard pricing isn't displayed publicly a quote or proposal (sent via email, invoice, or similar) outlines the fees and payment schedule.
By paying or confirming our quote, you accept the terms outlined in this terms and conditions policy
Due dates on invoices specify the date in which the invoice needs to be paid by, payment methods are by internet transfer which the account details found on the invoice , any late payments will occur a 10% interest increase each month
Consumer Guarantees Act
Under the Consumer Guarantees Act, consumers are entitled to a repair, replacement, or refund if goods/services fail on guarantees like acceptable quality, fitness for purpose, or correspondence with description please contact us at contact@mettley.co.nz in regards to this if applicable.
Warranties & Liability
We acknowledge that, under the Consumer Guarantees Act 1993, any service we provide must be:
Performed with reasonable care and skill
Fit for its intended purpose
Completed within a reasonable time if no deadline is agreed upon
You must notify us in writing within 30 days of discovering any issue. Failure to do so may affect your ability to make a claim.
Our liability for any direct loss or damage is capped at the total amount you have paid for the relevant service.
We are not liable for any indirect, incidental, special, or consequential loss—such as loss of profits, data, or business interruption
We are not responsible for losses caused by:
Your failure to provide accurate or complete information
Delayed input or approvals from you
Third-party systems or services beyond our control
Intellectual Property
All content, logos, and designs on this site are our property or licensed to us. You may view or download content for personal use only. Any other use (reproduction, distribution, modification) is prohibited unless we grant permission.
Termination
We reserve the right to:
Cancel or refuse orders without reason
Suspend or terminate your site access if you breach these Terms
Dispute Resolution
Negotiation: If a dispute arises, both parties agree to attempt to resolve it through good-faith negotiations within 14 days of receiving a written dispute notice.
Mediation: If unresolved, the dispute will be referred to mediation under the Resolution Institute Mediation Rules. The mediator will be agreed upon by both parties or appointed by the Chair of the Resolution Institute.
Arbitration: If mediation fails, the dispute will be settled by arbitration in accordance with the Arbitration Act 1996. The arbitrator will be agreed upon by both parties or appointed by the Chair of the Resolution Institute. The arbitration will be conducted in New Zealand.
Court Proceedings: No party may commence court proceedings unless the dispute resolution process has been followed.
Continued Performance: Both parties agree to continue performing their obligations under the contract during the dispute resolution process.
Confidentiality
Both parties agree to maintain the confidentiality of all proprietary or sensitive information disclosed during the course of providing services. Such information shall not be disclosed to third parties without prior written consent, except where required by law or as necessary to perform the agreed services. This obligation extends beyond the termination of the agreement.
Privacy
Any personal data collected will be processed according to your Privacy Policy.
General & Governing Law
These Terms are governed by the laws of New Zealand. You and Mettley Limited agree that any dispute arising from or relating to these Terms will be subject to the exclusive jurisdiction of the courts of New Zealand, and you irrevocably submit to that jurisdiction
Contact Information
Email: contact@mettley.co.nz
Address: 36 Carina Way, Whitianga 3510, NZ