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 accounts@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 ongoing done-for-you online presence work agreed between the parties, comprising the setup and monthly management set out below.
- "Deliverables" means the documents, files, copy, ad creatives, campaigns, profiles, reports, and any other material we produce or manage for the Client as part of the Services.
- "Brief" means the intake-form responses and the kickoff call through which the Client provides the information and access used to deliver the Services.
2. The services we provide
InterGen provides an ongoing, done-for-you online presence service for local trade and service businesses. An engagement has two parts:
Setup — a one-off foundation build at the start of the engagement, which typically includes:
- The Visibility Blueprint — a documented strategy covering the Client's market, offer, and positioning, which the Client owns.
- A Google Ads account and campaign build, a Google Business Profile and local SEO foundation, a website and competitor audit, and a review generation system.
Ongoing monthly management — on a continuing month-to-month basis, we manage and optimise the Client's paid advertising (Google, and Meta where agreed), local SEO and Google Business Profile, review generation, and provide a weekly performance report.
The exact scope of each engagement is confirmed with the Client in writing before it begins. Optional add-on services, such as email or lead-follow-up automation, are quoted separately. Anything not explicitly described in the confirmed scope is excluded.
3. Engagement & acceptance
An engagement is formed when the Client (a) submits the intake form or otherwise confirms they wish to proceed, (b) confirms acceptance of these Terms in writing or by payment, and (c) pays the agreed setup fee. Ongoing monthly management then continues on a month-to-month basis until cancelled under clause 5. We reserve the right to decline any engagement at our discretion before the setup fee is processed.
4. Fees & payment
Our fees have two parts, both quoted to the Client in New Zealand Dollars (NZD) and confirmed in writing before the engagement begins:
- A one-off setup fee, payable in full before setup work begins.
- A recurring monthly management fee, billed in advance each month for the month ahead. There is no fixed term and no lock-in; either party may cancel under clause 5.
- Advertising spend is separate and is not part of our fees. The Client pays Google, Meta, and any other advertising platform directly, from the Client's own account. We never hold, invoice for, or take a margin on advertising spend.
- Payments are processed through Stripe. Prices exclude GST unless otherwise stated; GST is added where applicable.
- Optional add-on services are quoted and invoiced separately on the agreed schedule.
5. Cancellation & refunds
The monthly service is month-to-month with no lock-in:
- Either party may cancel the ongoing engagement at any time by written notice. Cancellation takes effect at the end of the current paid month, which is served out in full.
- Monthly management fees already paid cover work performed in that month and are non-refundable once the month has begun.
- The setup fee may be refunded in full at any time before the kickoff call has been completed, less any non-refundable third-party processing fees (such as Stripe charges). Once the kickoff call has taken place and setup work has commenced, the setup fee becomes non-refundable.
- On cancellation, we hand over the assets the Client owns (see clause 8) and the Client retains full control of their own advertising and business accounts.
- If we are unable to deliver the Services through our own fault, you may be entitled to a partial or full refund at our discretion or as required under the Consumer Guarantees Act 1993.
To cancel or request a refund, email accounts@intergenmarketing.com with your engagement details. We aim to process eligible refunds within 10 working days.
6. Setup timeline & ongoing delivery
Setup work typically goes live within the first one to two weeks of the engagement, with paid advertising and the Google Business Profile foundation prioritised first. The optional Competitor Intelligence Brief, where provided before an engagement, typically lands within three (3) business days.
Once live, the Client receives ongoing management and a weekly performance report for as long as the monthly engagement continues. Search and local SEO results build over a period of months rather than days; we do not warrant a specific timeframe for organic ranking outcomes.
Timely delivery depends on the Client providing complete and accurate information, granting the access we need to their advertising and business accounts, funding their own advertising, and being reasonably responsive to clarification questions. Any delay caused by missing information, access, funding, or scope changes shifts the affected timeline by an equivalent amount.
7. Client obligations
To deliver 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 kickoff call.
- Attend the scheduled kickoff call and consent to it being recorded.
- Grant and maintain the access we need to your advertising, Google Business Profile, and website accounts, and fund your own advertising spend directly with the platforms.
- Make decision-makers available when input or sign-off is needed.
- Respond to reasonable clarification requests within two (2) business days.
- Ensure you have the legal right to share any material (logos, photography, testimonials, customer data) you provide to us.
8. Intellectual property & account ownership
The Deliverables produced specifically for you — including your Visibility Blueprint strategy — are yours. Once paid for, you may use, modify, distribute, and reproduce them in your business in perpetuity without further payment.
You own your own accounts at all times: your Google Ads and Meta advertising accounts, your Google Business Profile, your website, and your review profiles. We operate these on your behalf during the engagement; on cancellation, administrative access reverts fully to you and we retain no control over them. We will make a reasonable handover of campaigns, assets, and access on request at the end of an engagement.
We retain ownership of the underlying frameworks, methodologies, templates, and Archer (our AI advisor) that we use to deliver the Services. 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:
accounts@intergenmarketing.com
InterGen Marketing — a New Zealand partnership · Auckland, New Zealand