Terms & Conditions (Marketing Services)

These Terms and Conditions ("Terms") govern the provision of marketing services and website creation services ("Services") by Backkr Limited ("Backkr", "we", "us", or "our") to you ("Client", "you", or "your"). By engaging Backkr for Services, you confirm that you have read, understood, and agree to be bound by these Terms. Any separate written agreement (such as a Statement of Work or project brief) shall be incorporated by reference and shall prevail in case of conflict.

1. Service Description

Backkr provides custom marketing services and website creation services as scoped in your Statement of Work or project brief. Services may include (but are not limited to):

Content creation and copywriting (website copy, landing pages, email sequences, social media content)
Website design and development
Search engine optimisation (SEO) recommendations and implementation
Marketing strategy and campaign planning
Brand development and messaging
Analytics setup and reporting

The specific scope of Services shall be defined in a separate Statement of Work (SOW) signed by both parties. This document incorporates the SOW by reference.

2. Project Timeline and Milestones

All project timelines, milestones, and delivery dates shall be specified in the SOW. Timelines assume:

Timely provision of brand materials, content, and feedback from Client
Client approval of key milestones within specified timeframes (typically 5 business days unless otherwise noted)
No substantial changes to project scope after the SOW has been signed

Delays caused by Client late submission of materials or feedback may extend the timeline. Backkr will provide reasonable notice if delays are anticipated.

3. Deliverables and Approval Process

Backkr will deliver Services and deliverables according to the schedule specified in the SOW. Client will have the opportunity to review and provide feedback on deliverables. The approval process typically follows this workflow:

Backkr delivers draft or completed deliverable
Client reviews and provides written feedback within the agreed timeframe
Backkr incorporates feedback and resubmits for approval
Deliverable is approved and considered final upon Client written approval

Deliverables are deemed approved if Client does not provide written feedback within 5 business days of delivery (unless a different timeframe is specified in the SOW).

4. Revisions and Revision Rounds

The number of revision rounds included in the Services shall be specified in the SOW. Each revision round allows for one round of Client feedback and Backkr revisions. Additional revisions beyond the agreed number may be billed at our standard revision rate of NZ$150/hour or as agreed in writing.

Revision requests should be specific, detailed, and actionable. Requests for substantial rework or scope changes outside the original brief may be treated as change orders and billed separately.

5. Client Responsibilities

Client agrees to:

Provide accurate, complete, and timely brand information, content, and materials
Assign a single point of contact for project decisions and approvals
Review deliverables and provide clear, written feedback within agreed timeframes
Make timely decisions regarding feedback and approvals to avoid project delays
Ensure all Client-provided content and materials are original, do not infringe third-party rights, and comply with applicable law
Notify Backkr of any third-party intellectual property rights or sensitive information in materials provided

Backkr is not responsible for delays caused by Client failure to meet these responsibilities.

6. Intellectual Property Ownership

Upon full payment for Services and acceptance of deliverables:

Client owns all original creative works (copy, design, images) created specifically for Client's brand and projects
Backkr retains ownership of: (a) pre-existing materials, templates, frameworks, and methodologies; (b) general knowledge, skills, and experience gained during the project; (c) any derivative works created after project completion
Client may not resell, redistribute, or license Backkr's work to third parties without explicit written permission
Client warrants that all materials provided to Backkr do not infringe third-party intellectual property rights
Backkr may use anonymised case studies, portfolio examples, and testimonials from Client projects for marketing purposes unless Client opts out in writing.

7. Billing and Payment Terms

Pricing and payment terms shall be specified in the SOW. Standard payment terms are:

50% deposit upon SOW signature (non-refundable unless Backkr fails to commence work)
50% balance due upon delivery of final deliverables
Invoices are due within 14 days of receipt
Late payments may accrue interest at the rate of 1.5% per month or the maximum rate permitted by law

All fees are in New Zealand Dollars (NZD) unless otherwise specified. Travel, rush fees, or additional scope changes will be billed separately and require written approval before work commences.

8. Change Orders and Scope Creep

Any changes to project scope, timeline, or deliverables after the SOW has been signed must be documented in a written change order signed by both parties. Change orders will specify:

Description of the scope change
Impact on project timeline and deliverables
Additional costs (if any)

Backkr is not obligated to implement changes without a signed change order. Substantial revisions or requests that fall outside the original project scope will be treated as change orders and may incur additional fees.

9. Termination and Cancellation

Either party may terminate the project by providing 5 business days' written notice. Upon termination:

Client is responsible for payment of all work completed to date, including the initial deposit
Backkr will provide Client with any completed deliverables or work-in-progress materials
Client forfeits the non-refundable deposit if Services have not yet commenced
If Backkr terminates due to Client breach of these Terms, Client forfeits all deposit and unpaid fees
Upon termination, Client's license to use any Backkr-created materials is limited to work paid in full. Unpaid projects do not transfer ownership to Client.

11. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed from these Terms, and the remainder of these Terms shall continue in full force and effect.

13. Relationship of Parties

Backkr provides Services on a professional basis and warrants that:

Services will be performed in a professional and workmanlike manner consistent with industry standards
Deliverables will be original and will not infringe third-party intellectual property rights

Disclaimer: Backkr does not warrant that Services will achieve specific business results, sales targets, or marketing outcomes. Results depend on many factors beyond Backkr's control, including Client implementation, market conditions, and third-party platforms. Client is responsible for testing and approving all deliverables before publication.

15. Confidentiality

Both parties agree to maintain the confidentiality of sensitive information shared during the project, including business strategy, pricing, and customer lists. This obligation does not apply to: (a) information already in the public domain; (b) information required to be disclosed by law; or (c) Backkr's use of anonymised portfolio examples.

17. Indemnification

Client agrees to indemnify and hold harmless Backkr from any claims, damages, or liabilities arising from:

Client-provided materials that infringe third-party intellectual property rights
Client's use of deliverables in violation of law or third-party rights
Client's modification of deliverables without Backkr approval

Backkr agrees to indemnify Client from claims that original Backkr-created deliverables infringe third-party intellectual property rights.

19. Entire Agreement

These Terms, together with the SOW, constitute the entire agreement between the parties. Backkr may update these Terms with 30 days' written notice. Continued engagement with Backkr after such notice constitutes acceptance of updated Terms.

Contact Us

If you have questions about these Terms or wish to discuss your project, please contact us:

Backkr Limited
Ministry of Awesome, Christchurch, New Zealand
Email: team@backkr.com
Phone: +64 27 766 4199
Website: https://www.backkr.com

Terms & Conditions (Marketing Services & Website Creation)