Terms of Service

Last updated: September 2026

These Terms of Service (“Terms”) constitute a legally binding agreement between Home and Lifestyle Marketing Co (“HLM”, “we”, “us”, or “our”) and the client (“Client”, “you”, or “your”) purchasing our marketing retainers, turnkey website packages, video bundles, or project sprint services.

By engaging our services, approving an order, subscribing to a monthly package, or using our website (hlmco.co.nz), you agree to be bound by these Terms, in addition to any specific inclusions detailed in your Service Agreement, Proposal, or Client Portal scope.

1. The HLM Commercial Standard

Our business is founded on clear commercial transparency. We reject misleading industry practices and commit to the following operational standards across every client relationship:

• Fixed Invoicing: Packages and projects are billed on clear, pre-agreed fixed fees. We do not apply unexpected overheads or hidden admin charges.
• Direct Media Spend: All third-party advertising spend (e.g., Google Ads or Meta Ads) is billed directly by the platform to your nominated payment card. We never take a percentage cut, fee, or markup on your ad budget.
• Zero Lock-in Retainers: Monthly subscription packages operate on continuous 30-day cycles with no multi-year lock-ins.
• Asset Ownership: You own all final approved copy, websites, creative assets, and marketing collateral once professional fees are paid in full.

2. Services & Project Categories

HLM provides digital marketing services across three primary commercial structures:

a. Flagship Monthly Subscriptions (Essential, Growth, Premium Growth)

Ongoing, bundled marketing systems delivered in structured monthly production cycles. Inclusions may encompass search engine optimisation (SEO), Google Business Profile management, local map pack optimisation, content publishing, Google Ads management, short-form video creation, and monthly strategic reporting as specified in your tier.

b. Turnkey Website Development (5, 8, & 12-Page Systems)

Bespoke WordPress website development engineered for home, living, and building brands. Each build includes structural copywriting, mobile responsive design, technical search setup, conversion intake forms, and formal revision rounds as detailed in the agreed scope.

c. Standalone Projects, Video Packs & Modular Retainers

Fixed-scope sprint projects (e.g., SEO Starter Projects, Google Ads Launch Sprints, Content Authority Packs), modular single-channel monthly retainers, and short-form video production bundles.

3. Billing, Invoicing & Payment Terms

a. Monthly Retainers

• Billing Cycle: Retainers are billed in advance on a recurring 30-day cycle via credit card or automated direct debit.
• Commencement: Work commences upon successful processing of the initial monthly invoice.
• Deliverable Windows: Monthly deliverables (such as articles, video reels, and scheduled updates) are produced and deployed within the designated 30-day billing window. Unused deliverables resulting from client delays in providing essential assets or approvals do not accumulate or roll over into subsequent months.

b. Turnkey Website Projects

• Milestone Payments: Unless otherwise agreed in writing, website builds are structured with an initial 50% deposit upon project initiation and the remaining 50% balance due upon staging site approval, prior to public domain launch.
• Scope Boundaries: Any structural additions, third-party integrations, or extra pages requested outside the agreed package specification will be quoted as a separate commercial variation.

c. Currency & Taxes

All prices quoted on our website, proposals, or invoices are in New Zealand Dollars (NZD) and are exclusive of Goods and Services Tax (GST), which will be applied to invoices in accordance with New Zealand taxation legislation.

4. Third-Party Advertising Budgets

To ensure total financial integrity, HLM separates agency professional management fees from third-party advertising expenditure:

• Direct Billing Accounts: The Client must supply and maintain a valid credit card directly inside their Google Ads or Meta Advertising accounts.
• Platform Charges: All advertising click costs, impression fees, and platform taxes are billed directly by Google LLC, Meta Platforms, Inc., or other relevant networks to your account.
• Budget Management: While HLM monitors and configures daily and monthly spend caps according to your agreed budget, HLM is not liable for minor platform-level billing variances inherent in algorithmic ad auctions.

5. Client Responsibilities & Asset Approvals

Timely campaign execution relies on collaborative communication. To ensure our production schedule proceeds smoothly, you agree to:

• Provide Necessary Assets: Supply high-resolution project photography, brand logos, technical trade details, and access credentials required for our team to perform the work.
• Timely Review of Drafts: Inspect and approve draft video reels, SEO articles, or website staging previews delivered through the Client Portal within 5 business days of notification.
• Authority: Warrant that all imagery, project portfolios, customer reviews, and copy materials provided to HLM for publication are owned by you or that you possess appropriate commercial rights to publish them.

6. Intellectual Property & Asset Ownership

We respect your ownership rights and protect our internal agency frameworks:

• Client Ownership: Upon receipt of full payment for the relevant project or monthly cycle, all final published website designs, bespoke video edits, published articles, and ad copy created specifically for your business belong to you.
• Pre-Existing Agency Materials: HLM retains all ownership, intellectual property rights, and copyright in its proprietary marketing frameworks, audit templates, internal spreadsheets, code snippets, and operational workflows developed prior to or independently of your agreement.
• Advertising Accounts: You retain complete ownership of your Google Ads, Google Analytics, Google Business Profile, and social media channels at all times.

7. No Lock-in Retainers, Cancellation & Refunds

We build our client relationships on ongoing performance rather than restrictive multi-year contracts:

• Retainer Cancellation Notice: Either party may cancel an active monthly marketing retainer at any time by providing written notice at least 14 days prior to the next recurring billing date. Notice should be sent via email to [email protected] or submitted via your Client Portal.
• Final Cycle Delivery: Upon receipt of cancellation notice, HLM will complete and deliver all agreed tasks for the currently paid billing period. No further recurring payments will be charged after that period expires.
• Turnkey Website Cancellations: If a turnkey website build is cancelled by the Client after design or technical development has commenced, the initial 50% deposit is non-refundable, compensating for agency time, copywriting, and development work performed up to that date.
• Refunds: Because our services involve dedicated agency time, specialist strategy, and intellectual property production, refunds are not provided for past completed cycles, historical management fees, or delivered marketing assets.

8. Performance Disclaimers & Guarantees

HLM provides disciplined marketing systems using industry best practices, but we do not make unsubstantiated or misleading performance claims:

• Search Algorithms & Third Parties: Search engine ranking algorithms (Google Search, Google Maps) and social network platforms (Facebook, Instagram, TikTok) are operated by third parties and are subject to frequent, unannounced updates. HLM cannot and does not guarantee specific numerical search rankings, keyword positions, or impression volumes.
• Commercial Conversion: While HLM designs campaigns and websites to capture and deliver qualified project enquiries, the ultimate conversion of leads into signed building, renovation, or retail sales contracts depends on your business pricing, sales responsiveness, customer service, and commercial capacity.
• Statutory Guarantees: Nothing in these Terms excludes, restricts, or modifies any consumer rights or statutory guarantees available to you under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 that cannot be lawfully excluded. Where services are acquired for business purposes, the parties agree that relevant statutory provisions are contracted out to the extent permitted by New Zealand law.

9. Limitation of Liability

To the maximum extent permitted by New Zealand law:

• HLM, its directors, employees, and contractors will not be liable for any indirect, incidental, special, consequential, or punitive damages—including loss of revenue, loss of profits, loss of data, or business interruption—arising out of or in connection with our services.
• Our total aggregate liability for any claim arising out of or relating to our services, whether in contract, tort (including negligence), or otherwise, is strictly limited to the total professional fees paid by you to HLM in the three (3) months immediately preceding the event giving rise to liability.

10. Confidentiality

Both parties agree to keep all commercial information, trade secrets, customer data, and marketing performance metrics strictly confidential. Neither party will disclose confidential information to any third party without prior written consent, except where required by New Zealand law, court order, or to professional legal and financial advisers under duty of confidentiality.

11. Client Portal & Digital Access

Clients are provided access to a private Client Portal to monitor deliverables and approve assets:

• You are responsible for maintaining the confidentiality of your login credentials and for all activities conducted under your portal account.
• You agree to notify HLM immediately if you suspect any unauthorised access to your account.
• HLM reserves the right to suspend portal access if accounts fall overdue or if security concerns arise.

12. Governing Law & Jurisdiction

These Terms are governed by and construed in accordance with the laws of New Zealand. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of New Zealand for the resolution of any dispute arising under these Terms.

13. Modifications to These Terms

HLM reserves the right to make reasonable updates to these Terms from time to time. Any material changes affecting active retainers will be communicated to current clients via email or portal notification at least 30 days prior to taking effect. Continued engagement with our services after that notice period signifies acceptance of the revised Terms.

14. Contact & Commercial Notices

If you have any questions regarding these Terms of Service or require formal commercial clarification, please contact our team:

• Entity: Home and Lifestyle Marketing Co (HLM New Zealand)
• Website: hlmco.co.nz
• Direct Email: [email protected]
• Client Portal: app.hlmco.co.nz