Last Updated: March 1, 2025
Welcome to UpGrowth ("Company", "we", "our", "us"). These Terms of Service ("Terms", "Terms of Service") govern your use of our website located at www.upgrowth.co.nz (together or individually "Service") operated by UpGrowth.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, you may not access the Service.
UpGrowth provides digital marketing services including but not limited to SEO (Search Engine Optimization), digital marketing strategy, web design, content creation, social media management, and related consulting services.
We reserve the right to withdraw or amend our Service, and any service or material we provide via the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period.
Clients are responsible for:
The Service and its original content (excluding content provided by users), features, and functionality are and will remain the exclusive property of UpGrowth and its licensors. The Service is protected by copyright, trademark, and other laws of both New Zealand and foreign countries.
Upon full payment of all outstanding invoices, clients will receive ownership rights to the final deliverables, except for:
Our payment terms are as follows:
In no event shall UpGrowth, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
Our total liability for all claims related to our services shall not exceed the total amount paid by you for the specific services giving rise to such claims.
While we strive to achieve the best possible results for our clients, we cannot guarantee specific outcomes or results from our digital marketing services. Search engine algorithms, market conditions, and other external factors beyond our control may impact the effectiveness of our services.
We do not guarantee specific rankings, traffic increases, or conversion rates, but we commit to implementing industry best practices to maximize your chances of success.
We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your agreement with us, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
These Terms shall be governed and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.
If you have any questions about these Terms, please contact us at:
