The terms that govern our work together.
These Terms and Conditions ("Terms") govern every engagement between InterGen Marketing and the businesses that engage us. By submitting an intake form, accepting a proposal, or making payment, you agree to be bound by these Terms.
Please read them carefully. If anything is unclear, contact us at harry@intergenmarketing.com before you proceed.
1. Parties & definitions
In these Terms:
- "InterGen", "we", "us", "our" means InterGen Marketing, a New Zealand partnership operating out of Auckland.
- "Client", "you", "your" means the business or individual engaging InterGen for the services described below.
- "Services" means the work agreed between the parties, primarily the Visibility Blueprint system as set out below.
- "Deliverables" means the documents, files, copy, ad creatives, and any other material we produce for the Client as part of the Services.
- "Brief" means the 60-minute intake call and intake-form responses through which the Client provides the information used to produce the Deliverables.
2. The services we provide
The Visibility Blueprint is a fixed-scope, one-time marketing system. Each engagement includes the following four components:
- Offer Positioning Document — the strategic foundation defining the Client's target market, offer, and unique mechanism.
- Email Nurture Sequence — a five-email sequence written and formatted for the Client's platform.
- Ad Creatives & Reasoning Layer — four production-ready ad creatives with documented design reasoning.
- The Inbound Conversion Guide — templates, qualification scripts, objection handling, and follow-up sequences for converting enquiries.
Additional bonuses, value-adds, or scope items may be agreed in writing on a case-by-case basis. Anything not explicitly described in the engagement scope is excluded.
3. Engagement & acceptance
An engagement is formed when the Client (a) submits the intake form, (b) confirms acceptance of these Terms in writing or by payment, and (c) makes payment of the agreed fee. We reserve the right to decline any engagement at our discretion before payment is processed.
4. Fees & payment
The fee for the Visibility Blueprint is a fixed one-time amount, quoted to the Client in New Zealand Dollars (NZD) and confirmed before payment.
- Payment is processed through Stripe.
- Payment is due in full before work begins.
- Prices exclude GST unless otherwise stated. GST will be added where applicable.
- Optional ongoing services, such as email automation management, are quoted and invoiced separately on the agreed schedule.
5. Refunds & cancellation
We offer the following refund policy:
- You may request a full refund at any time before the Brief call has been completed, less any non-refundable third-party processing fees (such as Stripe charges).
- Once the Brief call has taken place and substantive work has commenced on your Positioning Document, payment becomes non-refundable.
- If we are unable to deliver the Services through our own fault — for example, missing the agreed delivery window without reasonable cause — you may be entitled to a partial or full refund at our discretion or as required under the Consumer Guarantees Act 1993.
To request a refund, email harry@intergenmarketing.com with your engagement details. We aim to process eligible refunds within 10 working days.
6. Delivery timeline
The standard delivery window is seven (7) business days from the completion of the Brief call. The Competitor Intelligence Brief typically lands within three (3) business days.
Delivery timing depends on the Client providing complete and accurate information in the Brief and intake form, and being reasonably responsive to clarification questions. Any delay caused by missing information, unreturned messages, or scope changes shifts the delivery date by an equivalent amount.
7. Client obligations
To produce work of the standard we hold ourselves to, we need your active participation. By engaging us, you agree to:
- Provide complete, accurate, and current information about your business through the intake form and Brief call.
- Attend the scheduled Brief call and consent to it being recorded.
- Make decision-makers available when input or sign-off is needed.
- Respond to reasonable clarification requests within two (2) business days during the build window.
- Ensure you have the legal right to share any material (logos, photography, testimonials, customer data) you provide to us.
8. Intellectual property
On payment in full, ownership of the Deliverables produced specifically for you transfers to you. You may use, modify, distribute, and reproduce them in your business in perpetuity without further payment.
We retain ownership of the underlying frameworks, methodologies, templates, and Archer (our AI advisor) that we use to produce the Deliverables. Nothing in these Terms grants you a licence to those underlying assets beyond your use of the Deliverables themselves.
We reserve the right to refer to your business by name and to display non-confidential portions of the Deliverables as case studies for our own marketing purposes, unless you opt out in writing.
9. Confidentiality
Both parties agree to keep confidential any non-public information disclosed in the course of the engagement, including business strategy, financial information, customer data, and unreleased products. This obligation survives the end of the engagement.
Confidential information does not include information that is or becomes public through no fault of the receiving party, or that the receiving party can show was already known to it before disclosure.
10. Warranties
We warrant that:
- The Services will be performed with the reasonable skill and care expected of a competent professional.
- The Deliverables will be produced specifically for your business based on the information provided in the Brief.
- To the best of our knowledge, the Deliverables do not knowingly infringe the intellectual property rights of any third party.
We make no warranty as to specific commercial outcomes (such as a given number of leads, conversion rate, or revenue). Marketing performance depends on factors outside our control, including the Client's execution, market conditions, and product-market fit.
11. Consumer Guarantees Act
Where the Client acquires our Services for the purposes of a business, the parties agree that the Consumer Guarantees Act 1993 does not apply, to the extent permitted by law. Where the Client acquires our Services as a consumer (not in trade), nothing in these Terms limits the Client's rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.
12. Limitation of liability
To the maximum extent permitted by law:
- Our total aggregate liability to you arising out of or in connection with the Services, whether in contract, tort, or otherwise, is limited to the total fees paid by you to us under the engagement.
- We are not liable for any indirect, consequential, incidental, or special damages, including but not limited to loss of profit, revenue, business opportunity, goodwill, or data.
- Neither party is liable for any failure or delay caused by events beyond its reasonable control, including acts of God, war, civil unrest, pandemic, government action, or infrastructure outage (force majeure).
13. Indemnity
You agree to indemnify and hold us harmless against any third-party claim arising from: (a) material you provided to us being inaccurate, misleading, or infringing; (b) your use of the Deliverables in a manner not contemplated by these Terms; or (c) your breach of any law or third-party right.
14. Termination
Either party may terminate the engagement on written notice if the other party materially breaches these Terms and fails to remedy the breach within ten (10) working days of being notified.
On termination, you remain liable for fees in respect of work performed up to the date of termination. Refunds, if any, are governed by clause 5.
15. Governing law & disputes
These Terms are governed by the laws of New Zealand. The parties submit to the exclusive jurisdiction of the courts of New Zealand.
If a dispute arises, the parties agree to first attempt to resolve it in good faith through direct discussion. If the matter cannot be resolved within twenty (20) working days, either party may refer the matter to mediation, or where appropriate, to the Disputes Tribunal of New Zealand or the courts.
16. Variation
We may update these Terms from time to time. The version in force is the one published at the time you enter into an engagement. Material changes will be notified to active clients by email.
17. Entire agreement
These Terms, together with any written proposal or scope document signed by both parties, form the entire agreement between us. They supersede any earlier discussions, proposals, or marketing material to the extent they are inconsistent.
18. Severability
If any provision of these Terms is found by a court to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.
Questions?
If anything in these Terms is unclear, or you would like to discuss a custom arrangement before engaging, please email us directly:
InterGen Marketing — a New Zealand partnership · Auckland, New Zealand