Website Design Terms and Conditions

Ember Growth (“we”, “us”, “our”)

Effective date: 01 June 2026

These terms apply to website design and build work provided by Ember Growth to you (“you”, “the client”). They apply alongside any quote we agree, and alongside any promotion terms (such as our FIRST10 offer) where relevant. By accepting a quote or providing us with your content or account access, you agree to these terms.

1. About our website service

We design and build websites for small businesses and organisations. The pages and features we will build for you are set out in your written quote.

We build only on WordPress (using the Elementor page builder) or Shopify. You may choose whichever suits your business. We do not build on, rebuild within, or migrate to any other platform (for example Wix, Squarespace or custom coded sites).

2. Fees and payment

  • The price for your build is set out in a written quote and agreed before work begins. Prices are in New Zealand dollars and exclusive of GST unless stated otherwise.
  • A deposit of (50%) is payable before work begins. The balance is due on completion, or as set out in your quote.
  • Invoices are payable within (7) days of the invoice date.
  • We may pause work, or withhold go-live and handover, while any invoice is overdue. Overdue accounts may incur (interest / a late fee) as set out on the invoice.
  • Ownership of the final website design transfers to you once all fees have been paid in full (see clause 14).

3. Scope of work

  • We will build the website as described in your written quote.
  • Anything beyond the agreed scope extra pages, e-commerce, bookings, custom functionality, integrations, copywriting, logo design, ongoing edits, SEO or marketing, is not included and will be quoted and charged separately.
  • No additional work begins until you approve a quote for it in writing.

4. Your responsibilities and costs

Our fees cover our design and build work only. All third-party products, services and costs required to run the website are your responsibility, at your own cost. These include, but are not limited to:

  • Domain name – registration and ongoing renewal.
  • Hosting or platform subscription – your WordPress hosting plan, or your Shopify plan, plus any associated fees.
  • WordPress add-ons (if WordPress is chosen) – any Elementor or Elementor Pro licence, and any premium themes or plugins required for features you want.
  • Shopify add-ons (if Shopify is chosen) – any paid Shopify theme or apps required for features you want.
  • Stock images, fonts or icons – if you request assets that need to be purchased.
  • Email hosting, SSL certificates (if not included by your host or platform), and any other subscriptions.
  • Ongoing maintenance, updates, backups, security and renewals after handover.

We are happy to advise on suitable options, but we do not purchase, pay for, or hold accounts for any of these on your behalf. You must have these in place (or set them up) before or during the build.

5. Platform and hosting

If you choose WordPress, your hosting must support WordPress and Elementor to a reasonable standard; if it cannot run the site properly, upgrading your plan or moving to a suitable host is your responsibility and at your cost. If you choose Shopify, you must have an active Shopify plan. We are not responsible for delays or limitations caused by an incompatible or underpowered hosting environment, or by an inactive platform subscription.

6. Content and materials

  • You are responsible for providing all text, images, logos and other content for your pages.
  • You confirm you own, or have permission to use, everything you supply, including any copyright, trademarks and image rights.
  • You are responsible for the accuracy of your content. We are not responsible for errors, omissions or claims arising from content you provide.
  • If content is not supplied within [30] days of us requesting it, we may pause or close the project.

7. Our right to decline content

We may decline to build or publish any content that we reasonably consider unlawful, misleading, offensive, discriminatory, or that infringes another person’s rights, or that we simply do not wish to associate with our name. Where we decline content, we will let you know, and you may supply suitable replacement content.

8. Revisions

Your quote will state how many rounds of revisions to the design are included. Further revisions beyond that are treated as additional (paid) work under clause 3.

9. Completion and go-live

The project is considered complete when the site is delivered or published, or when you approve the final design,  whichever comes first. Changes requested after completion are treated as additional (paid) work under clause 3.

10. Fixing faults after go-live

If something we built is not working as intended, let us know within (14) days of completion and we will fix that fault at no charge. This covers genuine faults in our build only. New change requests, additions, or “while you’re there” tweaks after go-live are not faults and are treated as additional (paid) work under clause 3.

11. Training and handover

On completion we will hand the finished website over to you on your own accounts. (A short walkthrough on how to make basic edits is / is not included.) Ongoing training, or us making edits on your behalf, is available as separate paid support.

12. Timeframes

We will agree an indicative timeframe with you. Timeframes depend on you providing content, access, feedback and payment promptly, and on your third-party services (domain, hosting, and your WordPress or Shopify platform) being ready. Delays on your side may extend the timeframe.

13. Access and accounts

Where we need access to your hosting, domain, WordPress, Elementor or Shopify accounts to complete the build, you will provide it. You remain the account holder and owner of all these accounts. We recommend you change any shared passwords after the project is complete.

14. Ownership and intellectual property

  • Once the site is complete and all fees have been paid in full, you own the website content and the final page designs we create for you, hosted on your own accounts.
  • Until full payment is received, all design work we have produced remains our property.
  • Third-party software (WordPress, Elementor, Shopify, themes, plugins and apps) remains owned and licensed by its providers under their own terms, you must comply with those terms.
  • We may include the completed website in our portfolio and marketing examples unless you ask us in writing not to.

15. Third-party services

The website relies on third-party products and services (such as your domain registrar, hosting provider, WordPress, Elementor, Shopify and any plugins or apps). We do not control these and are not responsible for their availability, performance, outages, price changes, changes to their terms, or any loss of data or downtime caused by them.

16. No guarantees

We take care to build a quality website, but we do not guarantee any particular results, including search rankings, website traffic, enquiries, sales or business outcomes. We do not guarantee the site will be error free or uninterrupted, as this depends on the third-party services above.

17. Maintenance after handover

After completion, keeping the website live and secure, including software updates, backups, renewals, security and edits, is your responsibility. We are happy to provide ongoing maintenance under a separate paid arrangement if you’d like.

18. Cancellation

  • You may cancel the project at any time by letting us know in writing. You remain liable for our fees for work carried out up to the date of cancellation, and any deposit already paid is non-refundable to the extent of work done.
  • We may pause or cancel a project where content, access, payment or third-party services are not provided within a reasonable time.

19. Liability

To the maximum extent permitted by law, our total liability in connection with the website is limited to the fees you have paid us for it, and we are not liable for any indirect or consequential loss, loss of profit, loss of data, or loss of business. Nothing in these terms limits any rights you have that cannot be excluded by law.

20. Consumer Guarantees Act

Where you acquire these services for the purposes of a business, you agree that the Consumer Guarantees Act 1993 does not apply to the extent permitted by law. Where the Act does apply, nothing in these terms limits your rights under it.

21. Privacy

Any personal information you provide will only be used to deliver the website and communicate with you about it, in line with the Privacy Act 2020. We will not share it except as needed to complete the work (for example, with your hosting provider) or as required by law.

22. Changes to these terms

We may update these terms from time to time. The version in effect at the time you accept your quote is the version that applies to your project.

23. Governing law

These terms are governed by the laws of New Zealand, and the New Zealand courts have jurisdiction.

24. Acceptance

By accepting your quote and/or providing us with your content or account access, you confirm you have read, understood and agree to these terms.

25. Signed

I have read, understood and agree to these Terms & Conditions.

Ember Growth

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Client

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Ember Growth