Legal

Terms of Service

Last updated: 20 May 2026

These Terms of Service ("Terms") govern your use of the TheWayUp website at thewayup.net and any web design, hosting, or ongoing support services we provide ("Services"). By using our website or engaging us to provide Services, you agree to these Terms.

1. Who we are

TheWayUp is operated by Harry Brookes, a sole-trader business based in Auckland, New Zealand. You can reach us at hello@thewayup.net.

2. The Services

We provide web design, web development, hosting, domain and email setup, Google Business Profile setup, and ongoing website support to New Zealand small businesses. The specific Services included in your engagement are described in:

• The pricing tier or plan you select (Starter / Growth / Pro, or a custom quote)
• Any written quote we send you
• The service agreement we ask you to sign before work begins

If there is any conflict between these Terms and a signed service agreement, the service agreement takes priority.

3. Quotes, demos, and orders

Submitting an enquiry through our website does not create a binding contract. We will respond with a tailored quote and (where appropriate) a free demo. A binding agreement is created only when you sign our service agreement and we acknowledge it.

4. Pricing and payment

Monthly plans

• Monthly plans are paid in advance on the same day each month
• Monthly plans have a minimum 6-month term
• After the minimum term, your plan automatically continues on a rolling month-to-month basis until you cancel — there is no separate renewal step, you stay on the plan and continue to be billed monthly until you give 30 days' written notice
• If you cancel within the minimum term, the remaining balance for that 6-month period is payable
• No upfront cost applies to monthly plans

One-time builds

• A setup fee is invoiced at the start of work
• The lower ongoing monthly cost (covering hosting and support) is invoiced monthly thereafter
• You may cancel ongoing support at any time with 30 days' notice; the one-time build itself is not refundable once work has started

General

• All prices are in NZD and exclude GST unless explicitly stated
• Invoices are due within 7 days of issue
• We may pause hosting or support if an invoice is more than 14 days overdue, after written notice
• We accept payment by bank transfer or any other method we agree on in writing

5. What you provide

To build and maintain your site, we will need you to provide:

• Accurate information about your business, services, and contact details
• Brand assets you want included (logos, photos, written content) — or written permission to source them on your behalf
• Timely feedback on demos, drafts, and update requests
• Confirmation that you own or have the right to use any content you supply

You are responsible for the legal accuracy of content you supply (e.g. service descriptions, pricing claims, qualifications). We are not your legal advisor.

6. No outcome guarantees

We build websites and supporting systems designed to help your business attract and convert more customers, drawing on industry best practices for design, speed, and search visibility. However:

• We do not guarantee any specific ranking on Google or other search engines
• We do not guarantee any specific number of visitors, enquiries, bookings, or sales
• We do not guarantee any specific revenue or business outcomes

Search rankings and customer acquisition depend on many factors outside our control, including your industry, competition, ongoing marketing efforts, and Google's own algorithms. The Services we provide give you a strong foundation, but results vary and cannot be promised.

7. Timeframes

Most websites are completed and launched within around 14 days of receiving a complete brief and any required content from you. Larger or more complex projects take longer and will have a timeline agreed in writing. Delays caused by you (for example, late content or feedback) extend the timeline accordingly.

8. Revisions and changes

Each engagement includes a reasonable number of revision rounds during the build (usually two to three). Substantial changes outside the original scope — for example, adding new sections, redesigning the layout after sign-off, or new functionality — may be quoted separately. We will always tell you before doing additional paid work.

9. Ownership and licensing

Your content

You retain ownership of all content you provide to us (your logo, photos, text, etc.).

The website we build

• One-time builds: on full payment of the setup fee, you own the website code outright. We can provide a copy of the code if you ever decide to leave.
• Monthly plans: the website is provided as part of the ongoing service. While on the plan you have full use of the site. If you cancel, we will help you transfer the domain, email, and any Google Business Profile we set up; we are not obliged to provide the underlying website code, although we may agree to release it for a one-off transfer fee.

Third-party services

Where your site relies on third-party services (e.g. Supabase, Resend, Cloudflare, Netlify), the terms and pricing of those providers apply to your use of those services. Where we hold accounts on your behalf, we will transfer them to you on request when an engagement ends.

10. Domain and email

If we register a domain or set up business email on your behalf, those remain yours. We will transfer registration and access to you on reasonable request at any time. We do not "hold domains hostage" under any circumstances.

11. Hosting and uptime

We host sites on Netlify and use Cloudflare for DNS and edge services. While we use providers known for high reliability, we cannot guarantee 100% uptime. We aim for at least 99.5% monthly uptime and will work promptly to resolve any outages that are within our control. Outages caused by third-party providers, DNS misconfiguration outside our control, or your own actions are not our responsibility.

12. Force majeure

Neither party is liable for delay or failure to perform under these Terms caused by events outside its reasonable control, including but not limited to: outages or failures of third-party providers (Supabase, Resend, Cloudflare, Netlify, Google, or your domain registrar), large-scale internet outages, natural disasters, fires, floods, pandemics, government action, strikes, or war. Where such an event delays the Services, we will let you know as soon as practical and resume work as soon as we reasonably can.

13. Cancellation and termination

• You may cancel a monthly plan at any time after the minimum term with 30 days' written notice
• We may terminate the engagement with 30 days' notice if you breach these Terms, repeatedly fail to pay, or engage in abusive or unlawful behaviour
• On termination, we will provide a reasonable handover (final invoices, transfer of domain/email/GBP, export of any data you've collected through forms)
• Setup fees and minimum-term balances already invoiced are non-refundable

14. Liability

To the maximum extent permitted by law:

• Our total liability for any claim arising from these Terms or the Services is capped at the fees you paid us in the 6 months immediately before the claim arose
• We are not liable for indirect or consequential losses (such as lost profits, lost data caused by third-party providers, or business interruption)
• Nothing in these Terms limits liability that cannot be limited by law (for example, your rights under the NZ Consumer Guarantees Act if you are a consumer)

15. Indemnity

You agree to indemnify us against any third-party claim arising from content you supplied (for example, copyright infringement, misleading claims, or defamatory material). This does not apply to content we created from scratch on your behalf.

16. Confidentiality

We treat any non-public information you share with us as confidential and will only use it to deliver the Services. We expect the same from you regarding any non-public information we share with you (for example, our internal processes or pricing).

17. Privacy

Our handling of personal information is described in our Privacy Policy. By using our website or engaging us, you agree to that policy.

18. Acceptable use and what we'll work on

Your use of our website

You agree not to:

• Use our enquiry form to submit false information, malicious content, or spam
• Attempt to bypass our security or rate-limit measures
• Use our website or services in a way that breaches NZ law or any third party's rights

Projects we may decline

We reserve the right to decline or end any engagement, at our sole discretion, where the project involves:

• Anything illegal under New Zealand law
• Adult content, gambling (outside of licensed operators), or weapons
• Multi-level marketing schemes, get-rich-quick programmes, or anything resembling a scam
• Hate speech, harassment, or content targeting protected groups
• Content we believe is misleading, deceptive, or harmful to consumers

If we decline to start or continue an engagement on these grounds, we will refund any unearned fees you have paid.

19. Changes to these Terms

We may update these Terms from time to time. The "Last updated" date at the top reflects the most recent change. For existing clients on monthly plans, we will give at least 30 days' notice before any material change takes effect, and you have the right to cancel without penalty if you do not accept the change.

20. Severability and entire agreement

Severability: if any part of these Terms is found to be invalid or unenforceable by a court, the rest of the Terms remain in full force and effect. The invalid part will be treated as severed.

Entire agreement: these Terms, together with any signed service agreement and our Privacy Policy, make up the entire agreement between you and us in relation to the Services. They replace any prior discussions, drafts, quotes, or representations made before you agreed to them.

21. Governing law and disputes

These Terms are governed by New Zealand law. Any dispute will first be addressed in good faith between us — we encourage you to email hello@thewayup.net with the subject line "Dispute" so we can attempt to resolve it directly. If we can't reach a resolution, disputes will be submitted to the exclusive jurisdiction of the New Zealand courts.

22. Contact

• Email: hello@thewayup.net
• Phone: 021 028 74145
• Post: TheWayUp, Auckland, New Zealand