1. Introduction

These terms of business ("Terms") govern any project, quote, order or engagement between Mindstate Creative ("Mindstate", "we", "us") and any client ("you", "the client") for web development, graphic design, branding, photography, videography, marketing, social media, Google Ads or SEO services. By accepting a quote, paying a deposit, or instructing us to begin work, you agree to these Terms.

2. Definitions

• "Project" means the specific piece of work described in a quote, proposal or statement of work.
• "Deliverables" means the final files, assets, designs, footage, code or other output we agree to provide.
• "Working day" means Monday to Friday, excluding NZ public holidays.

3. Quotes & Estimates

Quotes are valid for 30 days from the date issued unless stated otherwise. A quote is an estimate based on the information available at the time - if the scope changes once work begins, we'll let you know before any extra cost is incurred, and we'll agree any variation in writing (email is fine) before proceeding.

Where a project involves ongoing or ad-hoc work (for example, monthly marketing or social media management) rather than a fixed deliverable, pricing is set out in a separate proposal or retainer agreement rather than a one-off quote.

4. Payment Terms

Unless otherwise agreed in writing:

• A deposit of 50% is payable before work begins on most projects.
• The remaining balance is due on completion, prior to final files being released or a site going live.
• Retainer and ongoing service fees are invoiced monthly in advance, due within 7 days.
• Invoices are payable within 7 days unless a different term is agreed in writing.
• Overdue invoices may incur a late payment fee and work on the project may be paused until payment is received.
• Billing queries can be sent to accounts@mindstate.co.nz.

5. Project Scope & Revisions

Each quote includes a defined number of revision rounds. Reasonable revisions within the original brief are included at no extra cost. Requests that fall outside the original brief, or additional rounds beyond what's quoted, will be treated as a variation and quoted separately before we proceed.

Timelines are estimates and depend on us receiving the content, feedback and approvals we need from you in a timely manner. Delays on your end may push out the delivery date accordingly.

6. Intellectual Property

Once a project is paid in full, ownership of the final agreed deliverables transfers to you, with the exception of any third-party assets (stock photography, fonts, plugins or licensed software) which remain subject to their own licence terms.

Mindstate retains the right to display completed work in our portfolio, website and marketing materials, unless you request otherwise in writing (for example, where a project is confidential).

Working files, source files and pre-final drafts remain the property of Mindstate unless separately agreed and paid for.

7. Cancellations & Refunds

If you need to cancel a project, let us know in writing as soon as possible. You'll be invoiced for all work completed and hours spent up to the date of cancellation. Deposits are non-refundable once work has commenced, as they cover time already allocated and started.

If we're unable to deliver a project as agreed through our own fault, we'll work with you on a fair resolution, which may include a partial refund for undelivered work.

8. Confidentiality

Any confidential business information you share with us for the purposes of a project will be kept confidential and used only to deliver that project, unless you agree otherwise or disclosure is required by law.

9. Limitation of Liability

We take care to deliver quality work, but to the maximum extent permitted by law, Mindstate's total liability for any claim relating to a project is limited to the amount paid by you for that project. We aren't liable for indirect or consequential loss, including loss of profits, data or business opportunity.

Nothing in these Terms excludes any rights you have under the Consumer Guarantees Act 1993 or Fair Trading Act 1986 that cannot be lawfully excluded.

10. Governing Law

These Terms are governed by the laws of New Zealand, and any dispute will be subject to the exclusive jurisdiction of the New Zealand courts.

11. Contact

Questions about these Terms? Get in touch at hello@mindstate.co.nz or +64 28 412 6698.