The agreement is between the client who is named, hereinafter referred to as the “Client” and C i Marketing, also referred to as “we”, “our” or “us”. By agreeing to a quote from C i Marketing, you, the client, understand our services require a collaborate effort and that you’re accepting our terms and conditions as stated. Any required changes to the terms and conditions below must be provided by the client to C i Marketing in writing, prior to work commencing and must be signed by both parties.
Our terms and conditions vary based on the work we are completing. Please see below the terms and conditions specific to each area.

The Terms & Conditions below shall be governed by the laws of New Zealand and shall be construed in all respects as a New Zealand contract.

C i Marketing:

The Client:

• Agrees to respond to C i Marketing’s queries, requests and approval requirements in a timely manner and understand unreasonable delays may impact the timeline of delivery of the services

• Understands that any advice C i Marketing provides, should not be treated as legal or business advice

• Agrees to follow C i Marketing’s instructions relating to the formats we require files in, so we can work with them effectively and to avoid additional charges if editing is required

• Agrees to ensure any employee working with us is authorised to make decisions relating to the project, on behalf of your company and that they understand the scope of work

• Understands it is their responsibility to retain copies of all electronic files provided by C i Marketing

• Agrees not to disclose any confidential information C i Marketing provides

• Understands by commissioning C i Marketing for your project, you agree to all third party supplier’s Terms and Conditions necessary to complete your project (i.e. Squarespace, Payment Providers, Printer, Google, Social Media Platforms, etc.)

• Understands that provided dates and prices from external providers i.e. printers etc are based on estimations provided by the external provider and that any changes are the responsibility of by C i Marketing to uphold or be liable for

• Understands that C i Marketing reserves the right to display and link to any completed project as part of our Portfolio, Case Studies, Blogs, Vlogs, Newsletters, articles etc. Commercially sensitive information is exempt from this condition

• Understands that if C i Marketing accidentally deletes client systems , accounts, website pages etc, we will endeavour to rectify however ultimately hold no responsibility

• Understands that C i Marketing are not responsible for any problems caused by software or platform changes updates or glitches

• Acknowledges that C i Marketing reserves the right to refuse service to any client for any reason including, but not restricted to, any actions or content considered offensive, obscene, hateful or malicious

• Understands C i Marketing will suspend our services (under any agreement) if we are unable to complete them as a result of circumstances out of our control i.e. if a natural disaster or similar unexpected event makes it impossible to deliver agreed services

• Understand that if there is a complete breakdown in the relationship due to the clients actions, C i Marketing will discontinue the professional relationship and invoice for all work completed

Intellectual Property Terms & Conditions

• The client guarantees that any elements of text, graphics, photos, videos, designs, trademarks or other artwork provided for inclusion in marketing activities are either owned, or the client has permission to use them

• The client guarantees that all supplied content complies with relevant legislation, copyright laws, advertising standards and privacy rules

• On completion of projects and full payment being received, the intellectual property rights of final files for the clients work will transfer to the client. C i Marketing retains all intellectual property rights until full payment is received

• The client will be entitled to use the work produced for the purpose for which it was intended however the client (or any other person or entity) are not permitted to make use of, modify and on-sell any of the C i Marketing’s, processes or documents received as part of the process

• Concepts and ideas not selected as part of the final project will remain the property of C i Marketing

• The client must not use C i Marketing’s name, trademarks, brands or logos in any way without our prior written consent

Project Quotes
Terms & Conditions:

• Quotes are valid for acceptance for 30 days

• All quotes provided and/or fees charged by C i Marketing are to be treated as confidential

• All quotes, proposals and concepts provided by C i Marketing are to be treated as confidential and remain the property of C i Marketing until our services are engaged

• Quotes include the project scope of works. If additional services or activities are required before signing, a new quote will be provided

• Once a quoted project has started, C i Marketing don’t want to limit clients right to change their minds, so can add additional project responsibilities where required. If not quoted otherwise, these will be charged at our standard hourly rate

• Likewise, if C i Marketing feels major additional responsibilities are required to optimise quoted and approved projects, we will discuss with and seek approval from the client before commencing

• The project prices in a C i Marketing quote are based on the amount of work we estimate is required to accomplish everything to meet clients objectives. It is the clients responsibility to ensure you communicate all your objectives clearly before the quoting process commences, to avoid additional charges

• If additional work is added to agreed projects, deadlines will be will impacted and moved accordingly. C i Marketing will communicate these changes and seek confirmation for the client before proceeding. We also ask clients put requests in writing to ensure nothing is overlooked

• If the parameters of the agreed quoted project change significantly due to client requests, C i Marketing reserves the right to cancel the project. At this point the client will be required to pay in full for all the work completed. If the client wishes to proceed based on the new project parameters, C i Marketing will provide a new quote

• All proposals and quotes provided by C i Marketing include a reasonable amount of communication (emails, phone calls, meetings etc), ensuring efficiency throughout the scope of work. If communication levels from the client exceed what is considered reasonable, we reserve the right to charge additional hours against the project, however will advise the client prior to invoicing

• Quotes will be considered agreed upon once the client has signed and dated the quote. Projects however, won’t commence until all the required content has been provided by the client

Payment
Terms & Conditions:

• All prices shown do not include GST which, will be added at the time of invoice

• All marketing services, except subscriptions and coaching sessions, require a non-refundable deposit prior to commencing the project. This deposit locks in the project and secures the responsibilities in C i Marketing’s calendar. The remaining project costs will be split evenly and invoiced as a set payment schedule, at the end of every month. Websites differ slightly from this schedule, please see website terms and conditions below

• Deposits to secure marketing services are non-refundable, however are transferrable to commence work at a later date provided this occurs within 6 months of the project being deferred in writing

• Subscriptions will be invoiced at the agreed amount at the end of each calendar month

• Coaching payments will be invoiced at the end of the calendar month the coaching session takes place in

Payment for agreed projects may be settled via a payment plan. Payment plans are assessed on a case by case basis

• All invoices are due the 20th of the month following invoice

• Any invoices which are overdue by 30 days will incur a 10% late payment penalty

• Non-payment of invoices will result in the suspension of ongoing work. C i Marketing make no guarantee to uphold the original project timelines in this circumstance. We reserve the right to reschedule the remainder of that work to suit once payment has been received

• Debt collection proceedings will be initiated if no agreement can be reached about invoices which are 60 days overdue, with any associated costs being the responsibility of the client

• Invoices paid by Credit Card will incur additional fees

Terms & Conditions via Marketing Service

Subscriptions
Terms & Conditions

• A subscription represents an enduring service commitment between
  C i Marketing and a client. The specific terms regarding the duration and scope of services will be mutually agreed upon by both parties

• The client will receive a fixed monthly invoice throughout the duration of the agreement, regardless of whether the hours actioned by C i Marketing (for the agreed services) exceed the subscription value

• If the required scope of services change, C i Marketing reserves the right to re-quote the subscription

• C i Marketing reserves the right to alter the hourly rate for work outside of quoted subscriptions

• While C i Marketing will do our best to optimize subscription advertising results based on a range of techniques, the degree of success is both subjective and dependent on factors that are outside of our control. Therefore we are unable to guarantee search position, rates of engagement, the number of clicks, impressions, leads or return on investment etc that any advertising delivers

• If, during an active advertising subscription, anyone other than C i Marketing attempts to update or make changes to the clients accounts and/or projects and damages or impairs the ability for them to display or function, a quote will be provided to fix the issues

• In the event that the client chooses to cancel the subscription within the agreed timeline, a cancellation fee (dependant on the value and length of the subscription) may apply. For annual subscriptions, a minimum of 90 days notice is required for cancelling their subscription

• In the event that an advertising subscription is paused, the client may continue to be liable for the monthly management fee until the subscription resumes

• All work completed and prepared as part of our subscription services is owned by C i Marketing until all services have been paid for in full. We reserve the right to remove any published or unpublished work at any time

• For advertising subscriptions, C i Marketing will endeavour to seek approval from the client for material prior to publication, however this is not always be possible due to time constraints and deadlines

Strategy
Terms & Conditions

• Full Strategic Marketing Plans will have a project duration of three months and will include, if not stated otherwise on the quote, a maximum of two progress meetings for feedback/proofing as well as a sign off meeting

• Strategic Brand Identities will have a minimum project duration of four months and will include, if not stated otherwise on the quote, a maximum of four progress meetings for feedback/proofing as well as a sign off meeting

• All Strategy projects created by C i Marketing must be viewed as a collaborative effort where information and insights are shared accurately by the client at the beginning and throughout the process, allowing an accurate strategy creation

• All Strategy projects created by C i Marketing must be viewed as a fluid document, designed to be revisited and reviewed as appropriate

• After the sign off meeting, the final strategy document draft will be put into the final design layout, which will take approximately two weeks to complete. If changes are required by the client after this process has commenced, additional costs will be incurred

Photography
Terms & Conditions

General & Payment

• A written or verbal booking and receipt of the deposit confirms the client booking with C i Marketing

• The remaining fee is due on delivery of the final images. In the event that any monies are outstanding, a late fee of 5% will be charged per month or part month over due

• All prices shown do not include GST. GST will be added at the time of invoicing

• Photos will be captured produced based on a brief provided to the photographers by the client

• Re-shoots due to information not provided by the client to C i Marketing will incur additional charges

• Travel within a 30km radius of Cathedral Square in Christchurch is included in our package prices. For locations based outside of this area, a travel fee will be added to the booking

Inclusions

• The clients consents to happily cooperating and communicating to achieve the best possible result. The photographers accept no liability for anything not captured if they were not made aware of it in advance

• Where aerial photography is included, we will STRICTLY only fly our drone in areas where we can legally and safely do so. Permissions must be gained at least 48 hours prior to the commencement of filming

• The copyright of raw images remains with the photographers. Raw images will not be released. This protects the clients from unedited images falling into the hands of inexperienced editors

• The clients grant the photographers consent to use their images for promotional purposes

• If there are adverse weather conditions on the day of shooting, the photographers will do their upmost to continue shooting as best as they can. However, professional camera equipment has limitations in bad weather. The photographers may contact you prior to the day of shooting to arrange an alternative date

• The photographers are professional editors. They will produce the clients final photos in a professional way as per their editing style. If you have specific editing requests, please ensure these are conveyed to the photographers PRIOR to confirming your booking as this may incur additional charges and can impact on the photography style

Cancellation: Should the client cancel C i Marketing’s photography services, the following applies:

• Within seven days of the shoot date - the full payment is not-refundable

• Between one month and seven days before the shoot date - the deposit amount is non-refundable

• Prior to one month before the shoot date - the deposit amount can be transferred to another date

• If the C i Marketing photographers are too ill or become injured and cannot supply the services as agreed, C i Marketing will do their best to provide a replacement photographer or reschedule the shoot date. If a replacement or alternative date cannot be found, any monies paid by the client will be refunded. C i Marketing cannot be held liable for any losses incurred due to illness or injury

• For Brand creation projects, the design process will commence as soon as the client provides all requested information

• Brand creations take a minimum of three months to complete. This timeline relies on the client responding to communications and request for feedback in a timely fashion

• Any branding projects which exceed 6 months, due to lack of feedback or clarity from the client, will incur additional charges

• Design work will be quoted and produced based on the outcome of the creative discovery meeting with the graphic designer, at the start of the project. If the brief changes throughout the project, additional charges will incur. There is a one hour minimum charge out rate per job

• There is no guarantee that the colour on printed images will exactly match digital colours due to variations in print methods and substrates as well as colour spaces. C i Marketing will however use its best endeavours to provide a commercially acceptable finished product

• Fonts may appear differently from browser to browser, based on browser settings, computer settings, or the due to limitations of the browsers themselves

• Standard deliverables for logos include: AI files, EPS, PDF, PNG and JPG

• If Illustrator or InDesign files for design work (excluding logos) are required, provision of these will be charged

• Further support including utilising design files on the clients computer will be charged at our hourly rate

• Master design files are not supplied as part of standard project provision (excluding logos), unless agreed in writing. Additional fees will apply if they are required

• If the fonts chosen by client are required to be purchased, all purchasing and usage cost will be on charged. If a licence applies to the font, it is the clients responsibility to ensure it stays active

•It is the clients responsibility to approve all final artwork proofs and ensuring accuracy and suitability. This includes, but is not limited to design, spelling, grammar, illustrations and quality

• If requested by the client, a test print can be done at the intended and final print size (100%) to assist in confirming colours, design, bleed, size and type. The test print will be charged to the client

• As part of the creative nature of our work, we will often present proactive concepts, ideas and initiatives as drafts. These drafts remain the property of C i Marketing unless accepted and paid for by the client

Design / Branding
Terms & Conditions

Website
Terms & Conditions

• The client is responsible for making C i Marketing fully aware of the website functionality requirements prior to commencing the project to avoid additional charged incurring

• Our Marketing websites take a minimum of three months to complete and will commence once all the required content has been provided by the client

• Unless quoted to do so, all photography and graphics for the website are to be supplied by the client. Any photography or graphics already in the template will be included free of charge

• C i Marketing’s web development costs also incorporate standard Search Engine Optimisation services

• All websites will be fully mobile responsive and will function correctly on all popular devices

• Our process includes an initial briefing meeting where the client can express all their needs and goals, a maximum of three progress/feedback meetings including, one to sign off the design template. Once the design template has been signed off and applied to the website layout, additional costs will be incurred if design changes are requested

• A 50% deposit is required before commencing the website project. This deposit is non-refundable. A progress payment of 25% is required once the client has signed off the initial page layout proofs provided by the web designer, with the remaining 25% to be invoiced upon completion of the site once it has ‘gone live’

• All website hosting, email and domain name services are invoiced/paid for in advance and are non-refundable. We reserve the right to change the hosting pricing with a minimum of 14 days notice

• In extreme cases of continued non-payment, where our debt collection agency is responsible for obtaining outstanding funds, C i Marketing reserves the right to suspend the web and email hosting. If C i Marketing are forced to suspend hosting services, due to non-payment of invoices, we will not be liable for any loss of income, loss of business or any other damages resulting from the suspension. We reserve the right to charge a reconnection fee after suspension of hosting services

• C i Marketing is not responsible for issues relating to copyright infringement (refer to copy-write requirements under general Terms and conditions). The client will absorb all costs related to copyright infringement, including development time to comply with legal requests

• C i Marketing are not responsible for fixing user errors, providing ongoing content updates, technical support or adding functionality upon completion of the project. Any additional work will be charged, upon agreement, at our standard hourly rate. We also offer bespoke subscriptions for ongoing updates and optimisation responsibilities

• C i Marketing commits to employ our best efforts to remedy any functional issues after the website is built, however additional charges may incur

• The client understand that colours and fonts may differ from device to device, based on individual visitors’ browser and monitor settings

• All licences will continue to be renewed unless advised otherwise in advance, to ensure we can provide continuity in service. This includes but isn’t limited to domains, software and subscriptions purchased on your behalf. Please advise us in advance of any planned changes as subscriptions and licences are not refundable

• C i Marketing’s web team can also work on existing websites built by other platforms (e.g. Wordpress, Shopify etc) for updating purposes i.e. content updates, building additional pages, SEO etc. Project costs however will be provided as an estimate, especially where we are required to work with other agencies to action updates. Any project management responsibilities i.e. managing website updates across teams, will be charged at our standard hourly rate

• C i Marketing will appear as the website developer in the footer of the website

Advertising
Terms & Conditions

Videography
Terms & Conditions

Coaching
Terms & Conditions

• The Client agrees to be open, honest, and willing to actively participate in the coaching process

• The Client is responsible for their actions and decisions and understands that the Coach is not liable for any outcomes of those decisions

• The Client must provide at least 24 hours' notice to cancel or reschedule a coaching session. If less than 24 hours notice is provided, a 50% coaching fee may be applied

• C i Marketing reserves the right to terminate the coaching session if the client is not actively participating or is being disruptive. No refunds will be applied if this is the case

• Any materials or resources provided by during the coaching relationship are for the Client's personal use and may not be reproduced, shared, or distributed without prior written consent