Terms

Last updated: [1 October 2026]. These terms are between you and 3rd Rock Digital Limited (NZBN [0000000000000]), referred to as "we", "us" and "our". Part A applies to anyone using this website. Part B applies if we supply services to you.

1. Accepting these terms

By using this website you accept Part A of these terms. If you don't accept them, please don't use the site. We may change these terms at any time by updating this page; the version published when you use the site is the version that applies.

Part A — Using this website

2. What you may do

You may view, download and print pages from this website for your own information or to evaluate whether to engage us. Any other use — republishing, selling, systematically copying, scraping, or presenting our material as your own — needs our written permission.

3. What you may not do

• Use the site for anything unlawful, misleading, defamatory or harmful.
• Attempt to gain unauthorised access to the site, its server or any connected system, or test its security without our written permission.
• Introduce malicious code, or interfere with the site's availability or performance.
• Use automated tools to harvest content or contact details, or to submit forms.
• Use our name, logo or brand in a way that suggests endorsement or association that doesn't exist.

Unauthorised access to a computer system is a criminal offence under the Crimes Act 1961 (NZ) and equivalent Australian legislation, and we report it.

4. Intellectual property

Everything on this website — text, design, code, graphics, structure and the arrangement of it — is owned by us or used under licence, and is protected by copyright and other intellectual property laws. Third-party names and trade marks mentioned on the site, including the platforms and products we integrate with, belong to their respective owners and are used for identification only.

Ownership of intellectual property created during a project is set out in the agreement for that project, not here.

5. Information you send us

Enquiries sent through this website are stored in our systems and emailed to our team. Please don't send confidential material, credentials or sensitive personal information through the enquiry form; email is not a secure channel, and we will arrange a secure method if you need one. Information you send us is handled under our privacy policy.

If you send us feedback, suggestions or ideas about our services, we may use them without obligation or payment. This does not apply to confidential material shared under a signed non-disclosure agreement or a project agreement.

6. Availability and accuracy

We aim to keep this website available and current, but we don't promise it will be uninterrupted, error-free or free of harmful components. We may change, suspend or withdraw any part of it without notice.

The content of this site is general information about our services. It isn't technical, legal, financial or professional advice, and it isn't an offer capable of acceptance. Don't rely on it for decisions without talking to us or another qualified adviser about your specific situation.

7. Links to other sites

Where we link to a third-party website, we do so for convenience. We don't control those sites, we're not responsible for their content or their handling of your information, and a link isn't an endorsement.

Part B — If we supply services to you

8. How our agreement is formed

We supply services under a written proposal, statement of work, quote or service agreement. Where a signed agreement exists and its terms conflict with these ones, the signed agreement takes precedence. Nothing on this website forms part of an agreement unless the signed document says it does.

9. Quotes, fees and GST

Quotes are valid for 30 days unless stated otherwise, and are based on the scope described at the time. Changes to scope are quoted and agreed before we do the work. Unless we say otherwise, prices are quoted exclusive of GST, which is added at the rate applying where the supply is made — currently 15% in New Zealand and 10% in Australia.

Invoices are payable within [14] days of the invoice date. We may charge interest on overdue amounts at [1.5%] per month, and recover reasonable costs of collection. We may suspend work or hosting on accounts more than [30] days overdue, after giving notice.

10. Your responsibilities

• Give us accurate information, content and access, and respond to requests and approvals in reasonable time.
• Make sure you have the rights to any content, data, images or code you give us to use.
• Nominate someone who can make decisions and sign off milestones.
• Keep your own credentials secure, and tell us promptly if they may have been compromised.

Delays caused by information, content or approvals not arriving may move timelines and costs.

11. Third-party platforms

Projects often rely on third-party platforms, hosting, APIs and licences. Those are supplied on their own providers' terms and are outside our control. We're not liable for their pricing changes, outages, deprecations or breaches, though we'll work with you to reduce the impact of them.

12. Consumer law

Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy that cannot lawfully be excluded, including under the Consumer Guarantees Act 1993 (NZ), the Fair Trading Act 1986 (NZ) and the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Our services are supplied for business purposes. Where you acquire them for the purposes of a business, you agree that the Consumer Guarantees Act 1993 and sections 9, 12A and 13 of the Fair Trading Act 1986 do not apply, as permitted by section 43 of the Consumer Guarantees Act and section 5D of the Fair Trading Act. Both parties agree it is fair and reasonable to be bound by this clause.

Where the Australian Consumer Law applies and the goods or services are not of a kind ordinarily acquired for personal, domestic or household use, our liability for breach of a non-excludable guarantee is limited, at our option, to resupplying the services or paying the cost of having them resupplied.

13. Limits on our liability

Subject to clause 12, our total liability to you arising out of or in connection with the services, whether in contract, tort (including negligence), equity or otherwise, is limited in aggregate to the fees you paid us for the services giving rise to the claim in the [12] months before the claim arose.

We are not liable for indirect or consequential loss, or for loss of profit, revenue, goodwill, anticipated savings, business opportunity or data, however caused.

We are not liable for loss arising from your own systems, your third-party providers, content or instructions you gave us, unauthorised access we did not cause, or your failure to follow our reasonable advice — including advice about backups, updates and security patching.

14. Warranty on our work

We warrant that the services will be performed with reasonable care and skill by suitably qualified people. If a defect in work we delivered is reported within [90] days of delivery, we will correct it at our cost. This doesn't cover faults caused by changes made by others, third-party platform changes, or use outside what was agreed.

15. Confidentiality

Each of us will keep the other's confidential information confidential, use it only for the purposes of the engagement, and protect it with reasonable care. This doesn't apply to information that is public through no fault of the recipient, was already known, or must be disclosed by law. We may name you as a client and describe the work at a high level unless you ask us in writing not to.

16. Termination

Either of us may end an engagement by giving [30] days' written notice, or immediately if the other party commits a material breach that isn't remedied within [14] days of written notice. On termination you pay for work performed and commitments made up to that date, and we hand over the deliverables you've paid for.

17. General

• Force majeure: neither party is liable for delay caused by events beyond its reasonable control.
• Severability: if a clause is unenforceable, it is severed and the rest stands.
• No waiver: not enforcing a term doesn't waive it.
• Assignment: you may not assign an agreement with us without our written consent, which we won't unreasonably withhold.
• Entire agreement: the signed proposal or agreement, together with these terms and our privacy policy, is the whole agreement between us.

18. Governing law

These terms are governed by the laws of New Zealand, and both parties submit to the non-exclusive jurisdiction of the New Zealand courts. Where we contract with a client whose business is in Australia, and the signed agreement says so, that agreement is governed by the laws of [Queensland], Australia, and the non-exclusive jurisdiction of its courts.

Before starting court proceedings, both parties agree to attempt in good faith to resolve the dispute by discussion, and then by mediation, unless urgent interim relief is needed.