Last updated: June 2026
These Terms of Service set out the basis on which Northmark Creative Limited, trading as Northmark Creative, provides creative and marketing services. By engaging our services, you agree to these terms unless otherwise agreed in writing.
1. Engagement and Acceptance of Work
1.1 All work begins only after a project has been confirmed in writing, which may include email confirmation, signed proposal, or formal agreement.
1.2 By approving a project to begin, the client confirms they understand the scope of work, pricing, and timelines discussed prior to commencement.
2. Scope of Work
2.1 Each project is defined by the scope agreed at the start of the engagement. This includes the deliverables, timelines, and any inclusions specifically outlined in written communication or supporting documents.
2.2 Any work requested outside of the agreed scope will be treated as additional work and may require revised timelines, deliverables, or additional fees. Any such changes will be communicated and agreed prior to commencement of the additional work.
2.3 Northmark Creative is not responsible for delays or additional costs resulting from changes to scope after work has commenced.
3. Client Responsibilities
3.1 The client is responsible for providing all required content, assets, approvals, and information necessary for the completion of the project within agreed timelines.
3.2 Delays in providing feedback, content, or approvals may result in project delays and may impact delivery schedules.
3.3 The client confirms they hold the necessary rights or permissions for all materials supplied to Northmark Creative for use in the project.
4. Fees and Payment
4.1 All fees will be agreed prior to the commencement of work. Invoices will be issued according to the payment schedule outlined in the project agreement or invoice.
4.2 Unless otherwise agreed in writing, payment is required within fourteen days of the invoice date.
4.3 Northmark Creative reserves the right to pause work on any project where invoices remain unpaid beyond the agreed payment terms.
4.4 A late payment fee of 1.5 percent per month may be applied to overdue invoices unless otherwise agreed in writing.
4.5 Payment methods accepted by Northmark Creative will be specified on the applicable invoice or proposal. Additional administration or processing fees may apply to certain payment methods.
4.6 All fees are exclusive of GST unless otherwise stated.
5. Revisions and Changes
5.1 Reasonable revisions are included as part of the agreed scope where specified. Additional revisions or significant changes to direction may incur additional charges.
5.2 A revision is defined as minor adjustments within the agreed scope rather than a change in direction, concept, or content.
6. Timelines and Delivery
6.1 Project timelines are estimates based on the agreed scope and timely client feedback. While every effort is made to meet deadlines, delays caused by late feedback, scope changes, or external factors may affect delivery dates.
6.2 Northmark Creative will communicate any significant delays as soon as reasonably possible.
7. Intellectual Property and Copyright
7.1 Unless otherwise agreed in writing, Northmark Creative retains ownership of all working files, source files, concepts, drafts, and design processes.
7.2 Upon receipt of full payment, ownership of final delivered assets transfers to the client. This includes approved visual assets, copy, and final production files created specifically for the project.
7.3 Northmark Creative retains the right to use completed work in portfolios, case studies, social media, and promotional materials unless the client requests confidentiality in writing prior to project completion.
7.4 The client is responsible for ensuring that all materials supplied to Northmark Creative do not infringe on third party rights.
8. Source Files
8.1 Source files remain the property of Northmark Creative unless otherwise agreed.
8.2 If the client requests source files, they may be provided at an additional cost. This will be agreed in writing prior to release.
9. Confidentiality
9.1 Northmark Creative agrees to treat all client information as confidential and to use such information solely for the purpose of delivering agreed services.
9.2 Confidential information will not be shared with third parties unless required by law, necessary for service delivery through trusted providers, or authorised by the client.
10. Access to Client Systems and Accounts
10.1 Where access is granted to client systems or third-party platforms, Northmark Creative will use reasonable care in handling login credentials and system access.
10.2 However, responsibility for the security and management of third party platforms remains with the client and the platform provider.
10.3 Northmark Creative is not responsible for loss, damage, or disruption arising from issues within external systems outside our control.
10.4 If a security issue is identified or suspected in systems we access, we will notify the client as soon as reasonably practicable.
11. Artificial Intelligence and Digital Tools
11.1 Northmark Creative may use digital tools, including artificial intelligence (AI) assisted systems, to support internal workflows, research, organisation, and creative exploration.
11.2 AI tools are not used to generate final client deliverables. All final creative work is produced and reviewed by a human designer.
11.3 We do not knowingly input confidential client data into public AI systems where doing so may risk privacy or confidentiality.
12. Termination
12.1 Either party may terminate a project at any time for any reason they deem necessary, by providing written notice.
12.2 If a project is terminated by the client, the client is responsible for all work completed up to the date of termination, including any costs incurred.
12.3 If a project is cancelled after completion, full payment remains due.
12.4 Northmark Creative reserves the right to terminate a project where continued work is no longer viable due to non payment, lack of communication, or unreasonable conduct.
13. Limitation of Liability
13.1 Northmark Creative provides services with reasonable skill and care. However, we are not liable for indirect loss, loss of profit, loss of data, or consequential damages arising from the use of our services.
13.2 We are not responsible for issues arising from third-party platforms, client provided materials, or external service providers.
13.3 Nothing in these terms excludes liability where it cannot be excluded under New Zealand law.
14. Amendments
14.1 These Terms of Service may be updated from time to time. The version in effect at the time of engagement will apply to each project unless otherwise agreed.
15. Governing Law
15.1 These Terms of Service are governed by the laws of New Zealand. Any disputes will be subject to the jurisdiction of New Zealand courts.
16. Contact
16.1 All enquiries relating to these Terms of Service should be directed via email to hello@northmarkcreative.co.nz