Mediabox Terms of Service

‍1. Payment Terms

Website Design and Development Payment Terms

For website design and development projects, payment is structured as follows:

1. Deposit:
   • A non-refundable deposit of 50% of the total project fee is required upfront to confirm the booking and commence work.
2. Progress Payment:
   • A payment of 40% is due upon the completion of the website as per the agreed-upon project scope. Completion is defined as the delivery of all agreed functionality and design outlined in the initial scope.
3. Final Payment:
   • The remaining 10% of the total project fee is due after a 45-day review period, during which you may provide feedback for final revisions. If all feedback is submitted and changes are completed earlier than 45 days, the final 10% becomes payable when the website goes live, whichever occurs first.

Note: Changes or requests beyond the original project scope during or after the review period will be billed separately at the agreed hourly rate or as a new quote.

Marketing Services Payment Terms

For marketing campaigns, including lead generation and performance-based advertising, the following payment terms apply:

1. Performance-Based Payment:
   • Mediabox operates on a pay-per-lead basis, with a negotiated fee per lead agreed upon in advance.
2. Tracking and Verification:
   • Leads are tracked and verified through platforms such as Google Ads, Microsoft Clarity, or other mutually agreed systems to ensure transparency and accuracy.
3. Billing Cycle:
   • Invoices are generated and sent out every Monday at 4:00 PM NZT, covering leads generated between the prior Monday at 4:00 PM and the current billing date.
4. Payment Deadlines:
   • Payments must be made within 7 days of receiving the invoice. Late payments may result in a suspension of ongoing campaigns until the account is settled.

Note: Leads are defined as verified contacts who have expressed interest in your product or service, meeting the agreed-upon criteria for a qualified lead.

2. Acceptance of Terms

By engaging Mediabox for Services, you acknowledge that you have read, understood, and agree to these Terms. If you are entering this agreement on behalf of a company, you warrant that you have the authority to bind the company to these Terms.

3. Scope of Services

Website Design and Development

Mediabox will design and develop websites based on the agreed-upon project scope, including functionality, design elements, and timelines. Any changes requested after project commencement may incur additional charges and will be treated as a variation to the original agreement.

Marketing Services

Mediabox will execute marketing campaigns based on agreed performance goals, focusing on lead generation and conversions as outlined in the contract. Success metrics will be clearly defined and mutually agreed upon before campaign commencement.

4. Changes to Terms

Mediabox reserves the right to update or modify these Terms at any time. Changes will take effect immediately upon being posted on our website. By continuing to use our Services, you agree to the updated Terms.

5. Client Responsibilities

To ensure the success of our collaboration, clients are expected to:

1. Provide Timely Feedback:
   • All requested content, materials, and feedback must be provided promptly to avoid delays in project timelines.
2. Adhere to Payment Terms:
   • Payments must be made in accordance with the agreed-upon schedule.
3. Maintain Active Communication:
   • Clients must remain responsive throughout the project to address questions, feedback, or approvals.

Failure to meet these responsibilities may result in delays, additional charges, or project termination.

6. Use of the Website

By accessing the Mediabox website, you agree to:

• Comply with all applicable laws and regulations.
• Avoid disrupting or interfering with the functionality of the website.
• Respect the intellectual property rights of Mediabox and third parties.

Prohibited actions include:

• Hacking, phishing, or other malicious activities.
• Uploading illegal, harmful, or defamatory content.
• Misusing tools or resources provided through the website.

7. Intellectual Property

All content created by Mediabox, including but not limited to website designs, marketing materials, and strategies, remains the intellectual property of Mediabox until full payment is received. Upon final payment, ownership of custom deliverables transfers to the client.

Exclusions:

• Templates, software, and third-party tools integrated into projects remain the property of their respective owners and are subject to their licensing agreements.

8. Disclaimer of Warranties

All services are provided on an "as-is" basis without warranties of any kind. Mediabox does not guarantee specific outcomes or results for any project, including website traffic or lead generation performance.

9. Limitation of Liability

Mediabox is not liable for:

• Loss of revenue, profits, or business due to the use of Services.
• Delays caused by client inaction or external factors beyond Mediabox’s control.
• Errors resulting from third-party integrations, tools, or software.

10. Termination of Services

Mediabox reserves the right to terminate or suspend Services in cases of:

• Breach of these Terms.
• Failure to meet payment obligations.

Clients may terminate a project or service agreement by providing 30 days' written notice. In such cases, the client remains liable for all completed work and expenses incurred up to the date of termination.

11. Governing Law

These Terms are governed by the laws of New Zealand. Any disputes shall be resolved through mediation or arbitration before pursuing legal action.

12. Entire Agreement

These Terms constitute the full agreement between you and Mediabox. Any additional agreements or amendments must be documented in writing and signed by both parties.

13. Contact Information

If you have questions or concerns regarding these Terms or our Services, you can contact us:

• Email: johntae@mediabox.co.nz
• Phone: +64 20 4093 6629

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