Terms and conditions of service.

Thanks for considering Whale Shark Creative Ltd. By accepting any estimate we provide and engaging our services, you agree to the following terms and conditions:

1. Estimates

1. All estimates provided by Whale Shark Creative Ltd are valid for a period of 30 days from the date of issuance.
2. Estimates are based on the project scope, requirements, and information provided by the client. Any changes or additions to the project scope may result in adjustments to the estimate.
   

2. Payment

1. Invoices will be provided upon delivery of final deliverables. Payment can be made via bank transfer into the specified account.
2. Late payments may incur penalties or interest charges as per the laws of New Zealand.

3. Revisions and Alterations

1. Estimates include three (3) rounds of revisions unless otherwise specified. Additional revisions or alterations beyond the agreed-upon number will be subject to additional charges at Whale Shark Creative Ltd’s standard hourly rate.
2. Major changes to the project scope or direction may require a reevaluation of the estimate and timeline.
3. For any work outside of the briefed scope that is required for delivery within two (2) working days, rush rates of $250 per hour will apply.

4. Ownership and Intellectual Property

1. Upon full payment, the client will have ownership and full usage rights to the final deliverables, excluding any materials or assets provided by Whale Shark Creative Ltd that are subject to third-party licensing agreements.
2. Whale Shark Creative Ltd retains the right to display and promote the completed project in its portfolio, website, and marketing materials.

5. Confidentiality

1. Whale Shark Creative Ltd agrees to maintain the confidentiality of any proprietary or sensitive information shared by the client.
2. The client agrees to grant Whale Shark Creative Ltd permission to use any non-confidential elements of the project for promotional purposes.

6. Termination

1. Either party may terminate the agreement with written notice if the other party breaches any material term of the agreement.
2. In the event of termination, the client will be responsible for payment for all work completed up to the date of termination.

7. Liability

1. Whale Shark Creative Ltd will not be liable for any indirect, incidental, or consequential damages arising out of or in connection with the services provided, regardless of the cause of action.
2. The total liability of Whale Shark Creative Ltd, whether in contract, warranty, tort (including negligence), or otherwise, shall not exceed the total amount paid by the client for the services under the estimate.

8. Governing Law

1. These terms and conditions shall be governed by and construed in accordance with the laws of New Zealand.
2. Any disputes arising under these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of New Zealand. By accepting our estimate and engaging our services, you acknowledge that you have read, understood, and agree to abide by these terms and conditions.