Terms of Service

Welcome to Mogul.nz. These Terms of Service (“Terms”) govern your use of our website and the services provided by Mogul Limited (“Mogul,” “we,” “us,” or “our”). By accessing or using our website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website.

1. Service Scope and Limitations

Mogul provides digital marketing services, including but not limited to website design and development, hosting, search marketing, and support. The specific scope of services for any client engagement is defined in a separate Master Services Agreement (MSA) or Client Proposal.

• Service Delivery: We will perform all services with reasonable skill and care, and in accordance with applicable laws and your reasonable instructions as outlined in a specific agreement.

• User Responsibilities: You are responsible for providing us with accurate and timely information, content, and feedback required to perform our services. Delays or inaccurate information may result in project delays and additional costs.

• Service Exclusions: Our services do not typically include unforeseen work or costs outside the agreed scope. Any additional work will require your prior written approval. We are not responsible for issues arising from unsupported browsers, devices, or technologies that have been deprecated after a project’s completion.

2. Intellectual Property Rights

• Mogul’s Intellectual Property: All intellectual property in our processes, methodology, and know-how used to provide the services remains the property of Mogul.

• Client Intellectual Property: Any intellectual property in content, including copy and images, that you provide to us remains your property.

• Services-Related Intellectual Property: All intellectual property arising as a result of the services we provide, including any software or work product, is owned by Mogul until full payment is received and a User Acceptance Terms agreement is signed. Upon completion of payment and acceptance, the copyright in the work product becomes your property. Where applicable, we grant you a non-exclusive, non-transferable perpetual license to use the software for the sole purpose of operating your website or application.

• Third-Party IP: Where third-party intellectual property (e.g., software) is incorporated into the services, your use is also subject to the terms and conditions of the applicable third-party provider.

3. Liability Limitations

• Limitation of Liability: Mogul is only liable for direct losses resulting from a breach of a signed agreement, up to a maximum of the amount paid by you to Mogul in the 12 months preceding the event giving rise to the claim.

• Exclusion of Indirect Losses: In no event will Mogul be liable for any indirect, punitive, special, incidental, or consequential damages, including loss of profits or business, regardless of how it arises.

• Warranties: Except as expressly provided in an agreement, all warranties, conditions, and terms (including those of fitness for purpose and merchantability), whether implied by statute or common law, are excluded to the fullest extent permitted by law.

• Force Majeure: We are not liable for failures or delays in service caused by circumstances beyond our reasonable control, such as acts of God, war, riots, or industrial disputes.

4. Data Privacy and GDPR Compliance

We are committed to protecting your personal data and ensuring compliance with relevant data protection laws, including the New Zealand Privacy Act 2020 and the European Union’s General Data Protection Regulation (GDPR) where applicable. For a full and detailed explanation of our data collection practices, cookie consent management, user rights (including access, deletion, and data portability), and our approach to data protection impact assessments, please refer to our dedicated Privacy Policy.

5. Dispute Resolution Procedures

Where a dispute arises between you and Mogul concerning these Terms or any related agreement, we are committed to resolving it amicably. The following process will be followed before commencing any court or arbitration proceedings:

1. Written Notice: The party initiating the dispute must provide the other party with a written notice outlining the nature of the dispute and nominating a representative for negotiations.

2. Negotiation: Both parties’ representatives will attempt to resolve the dispute through direct negotiation within 14 days of receiving the notice.

3. Mediation: If the dispute is not resolved through negotiation, either party may refer it to mediation. The mediation will be conducted in accordance with the Resolution Institute New Zealand Standard Mediation Agreement by a mutually agreed-upon mediator.

4. No Court Action: No court action may be commenced until this dispute resolution process has been fully complied with, unless such action is necessary to preserve a party’s rights.

6. Governing Law

These Terms shall be governed by and construed in accordance with the laws of New Zealand, and the parties submit to the non-exclusive jurisdiction of the courts of New Zealand.

7. Termination

Both parties may terminate this agreement on one month’s written notice. Upon termination, any unpaid fees for services rendered will become immediately due and payable.