Effective Date: These Terms of Service were last modified on 13 February 2025.

Welcome to Hummingbird Digital! By using our website and services, you agree to the following Terms of Service. Please read them carefully.

1. Acceptance of Terms

By accessing or using our website (https://www.hummingbirddigital.nz) and services, you agree to comply with and be bound by these Terms of Service and our Privacy Policy. If you do not agree with these terms, please refrain from using our services.

2. Services

Hummingbird Digital provides digital marketing, web design, and related services. The scope of services we provide will be outlined in the specific agreement between us and the client.

3. Use of Our Website

You agree to use our website and services for lawful purposes only. You may not:

• Engage in any activity that could damage, disable, or impair the functioning of our website.

• Attempt to gain unauthorized access to our website or systems.

• Use our services for any illegal or prohibited activities.

4. Account Responsibilities

If you create an account with us, you are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.

You agree to notify us immediately if you believe your account has been compromised or used without authorization.

5. Payment Terms

Payment for services will be arranged directly with clients and will not be processed through the website. Invoices will be provided and payments required as per the terms outlined in their service agreement. We reserve the right to suspend or terminate services.

6. Intellectual Property Rights

All content, designs, materials, and intellectual property provided by Hummingbird Digital in connection with the services are the property of Hummingbird Digital, unless otherwise specified. You are granted a limited, non-exclusive, and non-transferable license to use the deliverables for their intended purpose.

You agree not to reproduce, modify, or distribute any of our intellectual property without prior written consent.

7. Confidentiality

Both parties agree to keep any confidential information exchanged during the course of the project confidential. This includes business operations, strategies, and any other proprietary information that is shared during the engagement.

8. Limitation of Liability

To the fullest extent permitted by law, Hummingbird Digital shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of our services, including but not limited to lost profits, data loss, or business interruption.

Our liability shall be limited to the amount paid for the specific service or project in which the issue occurred.

9. Termination of Services

You may terminate services with us by providing written notice. If services are terminated before completion, you will be responsible for paying for work completed up until the termination date.

We reserve the right to terminate services if you violate these Terms of Service or if we believe continuing the service is no longer possible.

10. Privacy and Data Protection

Your use of our services is subject to our Privacy Policy. By using our website and services, you consent to the collection and use of your personal information as outlined in our Privacy Policy.

11. Governing Law and Dispute Resolution

These Terms of Service are governed by and construed in accordance with the laws of New Zealand. Any disputes arising from the use of our services shall be resolved through [arbitration/mediation] or in the courts of New Zealand.

12. Modifications to Terms

Hummingbird Digital reserves the right to modify these Terms of Service at any time. When changes are made, the revised version will be posted on this page with an updated "Effective Date." It is your responsibility to review these terms periodically for any updates.

13. Contact Us

If you have any questions about these Terms of Service or need to get in touch with us, please contact us at: hello@hummingbirddigital.nz

14. Miscellaneous

• Entire Agreement: These Terms of Service, together with our Privacy Policy and any other agreements you may enter into with us, constitute the entire agreement between you and Hummingbird Digital regarding the use of our services.

• Severability: If any part of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

End of Terms