TERMS OF SERVICE

1. Introduction

Welcome to Academy Agency ("we," "our," "us"). These Terms and Conditions ("Terms") govern your use of our marketing services ("Services"). By engaging our Services, you agree to comply with and be bound by these Terms.

2. Services and Fees

We offer a range of marketing and advertising services, including digital marketing, strategy, campaigns and collaborations. At the outset of our relationship, we will provide a scope of services proposal.  This document will outline our fees. All fees are exclusive of GST and will be charged month in advance.  

  • A 50% deposit is required for any one-off project before work commences and must be paid before work can begin. The remaining fees will be billed either in installments or once assets have been delivered.

  • Some campaigns work well, and some campaigns do not, so we reserve the right to amend the scope of work from time to time to ensure efficiency and effectiveness of advertising spend. 

  • Requests for further work outside of scope may incur further charges. 

  • If our fee proposal is a percentage of total revenue, total revenue will be calculated as gross sales, less discounts, less returns, plus shipping, plus return fees, plus taxes (all figures GST and tax inclusive).

  • All third party costs such as media spend, paid advertising and event costs will be charged separately and in addition to our fees. Where possible we will provide an estimate of third party spend. Third party costs are subject to fluctuations and actual spend may differ from estimates.  

  • Unless otherwise agreed, invoices will be issued on the 1st of the month and payment required within 7 days of invoicing. We reserve the right to charge interest on late payments at a rate of 2% per month. Any costs incurred in collecting late payments, including debt recovery costs and legal fees, will be on charged to you. 

3. Client Responsibilities

You agree to: 

  • Provide accurate and complete information necessary for the provision of Services. If necessary, provide us with access to your shopify (or similar) accounts.  

  • Cooperate with us in a timely manner and provide any required approvals or feedback.

  • Ensure that all materials provided to us do not infringe on any third-party rights.

4. Confidentiality & Intellectual Property

Both parties agree:

  • To keep confidential any proprietary information disclosed during the course of the engagement. This obligation will continue beyond the termination of the agreement.

  • All intellectual property created by us during the provision of Services will remain our property until full payment is received.  Upon full payment, ownership of the deliverables will transfer to the client, except for any of our pre-existing intellectual property which remains owned by us.  Any raw imagery taken remain our intellectual property. 

5. Termination

  • The agreement is ongoing and any period agreement will automatically renew for the same period unless agreed otherwise.  Either party may terminate the agreement with two months written notice.  Two months notice to run from the end of the month in which a notice of termination is provided.  

  • The client will pay for all Services rendered up to the date of termination.

6. Limitation of Liability

  • While we aim to provide the best quality service, we cannot provide any guarantee as to outcome.  Our liability for any claim arising out of the provision of Services will be limited to the fees paid in the two months prior to the complaint by the client for the Services.  This only covers fees paid to us, and does not include any third party costs such as media spend, paid advertising, event costs. 

  • We will not be liable for any indirect, incidental, or consequential damages.

7. Governing Law

These Terms will be governed by and construed in accordance with the laws of New Zealand. Any disputes arising under these Terms will be subject to the exclusive jurisdiction of the courts of New Zealand. If a dispute arises, prior to any legal claim being issued the parties must meet (either in person or online) and discuss the issues that have arisen and seek in good faith to resolve the dispute.