Terms & Conditions

1. About these terms

These Terms and Conditions govern the provision of digital marketing services by GP Marketing (“we”, “us”, “our”), a business based in Dunedin, New Zealand, to you (“the Client”). By engaging our services or signing a client agreement, you accept these terms in full.

2. Services

We provide digital marketing services as described in your selected plan or as agreed in a written client agreement. These may include social media management, paid advertising, content creation, strategy consulting, and reporting.

What's not included unless expressly agreed:

• —Website design, development, or hosting
• —Search engine optimisation (SEO) beyond what is included in your plan
• —Ad spend — this is billed separately and passed through at cost
• —Photography or videography beyond the monthly content shoot included in your plan
• —Legal, accounting, or business advisory services
• —Any service not explicitly listed in your plan or client agreement

We reserve the right to decline or discontinue any work that conflicts with our values or that we reasonably consider harmful, misleading, or unlawful.

3. Client obligations

For us to deliver the services effectively, you agree to:

• —Provide timely access to all accounts, platforms, assets, and information reasonably required to deliver the services (e.g. ad account access, social media login, brand assets)
• —Respond to requests for approval, feedback, or information within 3 business days unless otherwise agreed
• —Provide accurate and complete information about your business, products, services, and target audience
• —Notify us promptly of any changes to your business, offers, or circumstances that may affect campaign strategy
• —Not make changes to ad accounts, social media accounts, or campaigns we are managing without notifying us first

If your failure to meet these obligations causes delays, reduced performance, or additional work on our part, we will not be held responsible for those outcomes and may charge for reasonable additional time incurred.

4. Payment terms

• —Invoices are issued monthly in advance on the 1st of each month (or on the commencement date for the first invoice)
• —Payment is due within 14 days of the invoice date
• —Late payments will incur a late fee of 2% per month on the outstanding balance, compounding monthly
• —We reserve the right to pause or suspend services if an invoice remains unpaid after 21 days without agreed arrangements
• —All prices are in New Zealand dollars (NZD) and are exclusive of GST unless otherwise stated on the invoice
• —Ad spend budgets are billed separately and must be paid in advance or directly to the platform

We accept payment by bank transfer. Payment details will be provided on each invoice.

5. Minimum contract term

All plans are subject to a 3-month minimum term from the commencement date. This minimum term exists because digital marketing campaigns require time to gather data, optimise, and deliver measurable results — terminating before this period prevents either party from achieving meaningful outcomes.

After the minimum term, the agreement continues on a rolling monthly basis until cancelled by either party in accordance with clause 6.

6. Cancellation & notice

• —Either party may terminate the agreement after the minimum term by giving 30 days' written notice
• —Notice must be given in writing to hello@gpmarketing.co.nz
• —Cancellation during the minimum term will result in the remaining balance of the term being invoiced and payable — this amount is agreed by the parties to represent a genuine pre-estimate of loss and constitutes liquidated damages, not a penalty
• —We may terminate immediately if you breach these terms, fail to pay within 30 days of the due date, or act in a way that we reasonably consider harmful to our business or reputation
• —Upon termination, we will provide you with all deliverables completed to that date and return access to any accounts or assets belonging to you

7. Results disclaimer

We apply professional skill, proprietary tooling, and genuine effort to every campaign. However, we make no guarantee of specific results including but not limited to: leads generated, sales made, return on ad spend (ROAS), follower growth, engagement rates, or revenue outcomes.

Marketing performance is influenced by factors outside our control including market conditions, competition, platform algorithm changes, the quality and responsiveness of your product or service, and seasonal variation.

Any figures referenced in our materials (e.g., “average 3.2× ROAS”) represent historical averages across client accounts and are not a forecast or promise of your specific results.

8. Intellectual property

• —Content created by us specifically for your business (photos, videos, copy, graphics) becomes your property upon full payment for the period in which it was created
• —Our underlying methodologies, tools, templates, the GPm Algorithm, and any proprietary processes remain our intellectual property at all times
• —You grant us a non-exclusive licence to use your brand assets, logos, and business materials to deliver the services
• —We may reference the work we have done for you in our portfolio or marketing materials unless you request otherwise in writing

9. Third-party platforms

Our services involve operating on third-party platforms including Meta (Facebook, Instagram), Google, TikTok, and LinkedIn. These platforms set their own advertising policies, pricing, and algorithms — all of which are subject to change without notice.

We are not responsible for: platform outages, policy changes that affect campaign delivery, account restrictions or suspensions imposed by the platform, or changes to ad auction pricing. We will always notify you promptly of any material platform changes and adjust strategy accordingly.

10. Confidentiality

Both parties agree to keep confidential any non-public information received from the other party in connection with the services. This includes business performance data, strategic plans, pricing, and customer information. This obligation survives termination of the agreement for a period of two years.

11. Limitation of liability

To the maximum extent permitted by law, our total liability to you for any claim arising under or in connection with these terms is limited to the total fees paid by you in the three months preceding the event giving rise to the claim.

We are not liable for indirect, consequential, or incidental losses including lost profits, lost revenue, or loss of business opportunity.

12. Dispute resolution

Before either party initiates formal legal proceedings, both parties agree to attempt to resolve any dispute in good faith through the following process:

• —Step 1 — Negotiation: The party raising the dispute must notify the other in writing. Both parties will then make reasonable efforts to resolve the matter through direct negotiation within 14 days of that notice.
• —Step 2 — Mediation: If negotiation does not resolve the dispute within 14 days, either party may refer the matter to mediation through a mutually agreed mediator. Both parties will share the cost of mediation equally.
• —Step 3 — Courts: If mediation fails or is refused, either party may pursue the matter through the New Zealand courts as set out in clause 13.

Nothing in this clause prevents either party from seeking urgent injunctive or interim relief from a court where necessary.

13. Governing law

These terms are governed by the laws of New Zealand. Any disputes not resolved under clause 12 will be subject to the exclusive jurisdiction of the New Zealand courts. Where applicable, the Consumer Guarantees Act 1993 and Fair Trading Act 1986 apply.

14. Changes to these terms

We may update these terms from time to time. We will notify active clients of material changes with at least 14 days notice. The current version will always be available at this URL.