1. Introduction and Acceptance of Terms
1.1. These Terms of Service ("Terms") govern your access to and use of the website https://www.tahi.studio (the "Website") and the services provided by Tahi Studio Limited, a company registered in New Zealand (NZBN: 9429052709685) ("Tahi Studio", "we", "us", "our").
1.2. By accessing our Website or purchasing our Services, you ("Client", "you") agree to be bound by these Terms. If you are using the Services on behalf of an organisation, you are agreeing to these Terms for that organisation and warrant that you have the authority to bind that organisation to these Terms.
1.3. We reserve the right to amend these Terms from time to time. We will provide notice of any material changes by posting a notification on your client dashboard or by sending an email to your registered address. Your continued use of the Services after such changes will constitute your acceptance of the new Terms.
2. The Services
2.1. Tahi Studio provides branding, web design, Webflow development, and SEO services through a variety of packages, including monthly subscriptions ("Subscriptions"), hourly packages, and fixed-price one-off projects ("Projects").
2.2. Subscription Services:
a. Subscriptions provide you with access to our services for a recurring monthly fee. You may submit unlimited service requests ("Requests") through your dedicated client dashboard.
b. Each Request is addressed one at a time. Work on a new Request will typically commence within one to three business days after the preceding Request is formally marked as complete. This timeframe is an estimate and not a guarantee.
c. You may pause your Subscription at any time through your client dashboard. The remaining time on your Subscription will be credited to your account and will not expire. We will not perform any work on your Requests while your Subscription is paused.
d. You may cancel your Subscription at any time. Cancellation will take effect at the end of the current billing cycle, and you will not be charged again.
2.3. One-Off Projects:
a. For standalone Projects, we will provide a detailed scope of work, timeline, and fixed price for your approval before work commences.
b. We offer a two (2) week bug-fix period for Projects, starting from the official launch date. During this period, we will fix any bugs or errors arising directly from our work at no additional cost. This warranty does not cover issues caused by third-party plugins, hosting, or changes made by you or any other party.
c. Billing for Projects is structured with fifty percent (50%) of the total project fee due upfront before work commences. The remaining fifty percent (50%) is due upon completion of the work, prior to the final delivery of files or website launch.
3. Client Obligations
3.1. To ensure the timely and successful delivery of the Services, you agree to provide all necessary information, materials, and content ("Client Content") in a timely manner.
3.2. You are responsible for providing prompt and clear feedback on all deliverables. Any delay in providing feedback or Client Content may result in a corresponding delay in project timelines. While your Subscription remains active during such delays, our obligation to meet estimated timelines will be adjusted accordingly.
3.3. You warrant that you have all necessary rights and permissions to provide the Client Content to us and that its use will not infringe upon the intellectual property rights of any third party.
4. Fees, Payment, and Refunds
4.1. All payments for Services are processed through our third-party payment provider, Stripe.
4.2. Subscription Fees: Subscription fees are billed on a recurring monthly basis. By purchasing a Subscription, you authorise us to charge your payment method for the recurring fees.
4.3. Project Fees: For Projects, an initial non-refundable deposit of fifty percent (50%) of the total fee is required to secure the project booking and commence work. The final fifty percent (50%) is payable upon completion, before the transfer of final deliverables.
4.4. All fees are exclusive of any applicable taxes, which you are responsible for paying.
4.5. Due to the nature of our creative and technical services, we generally do not offer refunds. However, we may, at our sole discretion, offer a partial or full refund in exceptional circumstances.
5. Intellectual Property Rights
5.1. Client Ownership: Upon our receipt of your full payment for the relevant Services, you will own the unique, final deliverables created specifically for you as part of the Services. We will not use these specific final deliverables for any other client.
5.2. Our Retained Rights:
a. Tahi Studio retains ownership of all pre-existing materials, know-how, code, templates, processes, and other intellectual property used to provide the Services ("Tahi IP"). We grant you a perpetual, worldwide, non-exclusive, royalty-free license to use any Tahi IP that is incorporated into your final deliverables.
b. Unless you explicitly opt-out in writing, you grant Tahi Studio a perpetual, worldwide, non-exclusive, royalty-free license to use your business name, logo, and any public-facing deliverables (e.g., your completed website) in our portfolio, case studies, and other marketing materials. We will not disclose any of your confidential information without your prior written consent.
6. Confidentiality
6.1. Both parties agree to keep all non-public information received from the other party confidential and not to disclose it to any third party without prior written consent, except where required by law.
7. Subcontractors
7.1. We may engage vetted subcontractors to perform some of the Services on our behalf. We remain fully responsible for the performance of the Services and the compliance of our subcontractors with these Terms.
8. Limitation of Liability and Disclaimer
8.1. To the maximum extent permitted by law, the total liability of Tahi Studio for any claim arising out of or in connection with the Services or these Terms, whether in contract, tort, or otherwise, shall be limited to the total fees paid by you for the specific Service in the one (1) month preceding the event giving rise to the claim.
8.2. We are not liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, or goodwill.
8.3. The Services are provided "as is" without any warranties, express or implied, except for the bug-fix warranty for Projects as described in Clause 2.3(b). We strive for high-quality work, but we do not guarantee that the Services will be error-free or uninterrupted.
9. General Provisions
9.1. Governing Law and Dispute Resolution: These Terms shall be governed by the laws of New Zealand. In the event of a dispute, the parties agree to first attempt to resolve it through good-faith negotiation. If negotiation fails, the parties agree to enter into mandatory mediation before commencing any court proceedings. Any legal action shall be subject to the exclusive jurisdiction of the courts of New Zealand.
9.2. Age Requirement: You must be at least 18 years of age to use our Services.
9.3. Prohibited Uses: You agree not to use our Website or Services for any unlawful purpose or to engage in any activity that could harm, disable, or impair the Website.
9.4. Contact: For any questions regarding these Terms, please contact us at business@tahi.studio.