Terms & Conditions

Date Last Modified: 29 Sep 2024

Established in 2021, Lucid Media Limited (henceforth referred to as 'Lucid Media') is a comprehensive digital agency based in New Zealand.

1. Services and Rates

Our standard hourly rate is $125 per hour unless specified in your Proposal. Parties may mutually agree upon different rates.

2. Modification of Terms and Conditions

These Terms and Conditions are subject to change without prior notice and may be updated through website, email, or other relevant channels.

3. Engagement

Clients may commission projects through:

Signing and returning proposals
Providing authorized purchase orders
Written confirmation for smaller engagements
Verbal notification with payment acceptance

4. Acceptance of Terms

These constitute a legally binding agreement. Clients accept by signing proposals or paying upfront deposits. These Terms and Conditions are incorporated by reference into all proposals, invoices, and agreements.

5. Proposals

Proposals are based on specifications and remain valid for 30 days unless otherwise agreed by Lucid Media.

6. Staged Approach

Projects typically follow discovery, creative, development/technology, and marketing stages, each with specific deliverables and cost structures.

7. Services

Services may include:

Consultation and strategy
Design and branding
Copywriting and content
Development and technology
Maintenance services
Third-party software integration
Support and maintenance packages
Hosting and domain services
Email marketing
Social media management
SEO and online advertising
Analytics and strategy services

8. Changes to Services

Lucid Media reserves the right to modify, suspend, or discontinue any of its services, in whole or in part, at any time. Thirty days' notice required for material changes. Services may be discontinued for dissatisfaction, staff mistreatment, or scope excess.

9. Hours of Service

Services provided between 9:00 am and 6:00 pm Monday to Friday, excluding public holidays.

10. Content and Materials Supplied by You

Clients must supply materials in specified digital formats. You warrant that the materials or content you provide us with will not breach any rights of any third party. Clients indemnify Lucid Media against breaches.

11. Variations and Additional Costs

During the course of our engagement, if there are changes in the Specifications of the Project, or unplanned delays, these will be treated as a Variation. Work halts for review; variation notices issued with fee increases. Small changes under 10% may proceed without prior approval but remain billable.

12. Purchase of Stock Images, Fonts, Photography, Audio or Video

Fees typically exclude stock purchases. When any stock images or commercial fonts are purchased on your behalf, Lucid Media will be the license holder. Ownership transfers upon full payment; Lucid Media retains working files.

13. Your Approval

Approval items require written notification within 5 business days. Your acceptance of the completed Approval Item means that the Approval Item is complete, and no further amendments are necessary.

14. Scheduling, Production and Project Management

Reasonable commercial efforts used for schedule adherence. Delays in approvals or content provision may trigger variation notices including overtime costs.

15. Digital Marketing Services

You acknowledge that the Digital Marketing Services provided by Lucid Media are not an exact science. Lucid Media will perform the Digital Marketing Services utilising best practice strategies but cannot guarantee results. Services auto-renew unless 30-day termination notice given.

16. Data Protection and Privacy

Data collected for website performance retained for two years post-completion. All Client data is stored in applications protected by two-factor authentication. Data shared only with direct subcontractors unless legally required.

17. Consultation and Other Services

Services include strategy development, system reviews, audits, workshops, project management, digital asset valuations, app development, video/photography, and SLAs.

18. Design

Our design services will include: delivery to you of one design concept (or as specified in the Proposal); and one round of alterations. Additional concepts treated as additional costs. Finished design ownership transfers upon full payment; working files retained by Lucid Media.

19. Copywriting

Services include SEO copy, website copy, blog writing, and EDM copy, with one presentation and one alteration round per piece.

20. Development/Technology

Services derived from proposals and specifications. A Standard Page or Screen is up to 500 words, up to 3 images and up to one implementation of any tabular data. Unless otherwise specified in the Proposal or as agreed in writing with Lucid Media, Lucid Media retains ownership of the IP of any custom applications.

21. Maintenance

Modification and updates based on proposals and specifications, excluding training or post-implementation support unless specified.

22. Third Party Software

You acknowledge that we have limited control over the functionality or operation of the Third Party Software. Clients must comply with third-party terms; costs may change.

23. Warranty

Lucid Media provides a 20-business-day period for Client Testing with 2 testing rounds and 2 code fix rounds. Limited warranty period of 20 business days commences post-testing. All identified Bugs must be reported within the Warranty Period for Lucid Media to fix at no charge. Warranty applies to latest two browser/OS versions. Open-source software updates and browser/OS updates excluded from warranty.

24. Support & Maintenance Packages

Paid service packages for technical support and maintenance tasks. Support & Maintenance Packages are not designed for major creative, technology, development, or marketing tasks, rather for tasks that can be completed within a maximum of 40 hours. Unused packages non-refundable.

25. Hosting

Hosting services governed by separate Hosting Terms and Conditions.

26. Domain Name Services

Lucid Media does not represent or warrant the availability, suitability, or ability to register any domain name. You must not transfer a domain name to another internet service provider unless you have first paid all Lucid Media accounts in full.

27. Email Marketing

Clients responsible for email service provider costs. You warrant that in accordance with the Privacy Act 1993 NZ and the 2007 Unsolicited Electronic Messages Act NZ: You have consent from the recipients to receive email messages.

28. Social Media Management (SMM)

Services include strategy, content creation, analytics, and profile management. If Lucid Media is not engaged to perform response management, Lucid Media will not be held responsible for repercussions of any negative feedback.

29. Search Engine Optimisation (SEO)

Services include on-page optimization, content generation, and link building. You acknowledge that the Google and other search engines algorithms are constantly changing and evolving.

30. Online Advertising

Services include SEM, SMM, and PPC. Lucid Media retains ownership of all campaigns, advertising accounts (Facebook, Google, Bing, Unbounce, etc.), and working files. Client access removed upon service termination.

31. Strategy and Analytics

Services include audits, strategy development, content creation, Google Analytics, and reputation management.

32. Archiving / Retrieval

We will endeavor to store or archive all electronic files used in the production of your Project for a period of 12 months after the completion of a Project. No guarantee of retrieval; retrieval incurs additional costs.

33. Disbursements

Disbursement charges are not included in the Fees. Additional costs include plugin/theme purchases, consumable materials, and event monitoring.

34. Warranty Disclaimer

Subject to Lucid Media obligations under the non-excludable provisions, and to the fullest extent permissible by law, Lucid Media expressly disclaims all warranties and representations of any kind. You agree that all goods and services supplied under these Terms are for the purposes of a business, and the Consumer Guarantees Act 1993 does not apply.

35. Limitation of Liability

To the fullest extent permissible by law, Lucid Media is not liable (whether in contract or tort) for: Faults or defects in any services or goods provided by third parties. Liability capped at amounts paid by client. Lucid Media will not be liable for any act or omission if, and to the extent that, it arises due to a reason beyond its reasonable control, including without limitation strikes, lockouts, fire, theft, vandalism, natural disaster, act of God, pandemic, or epidemic.

36. Indemnity

You indemnify, defend, and hold harmless Lucid Media in respect of all actions, claims, proceedings, demands, liabilities, losses, damages, expenses, and costs related to agreement breaches, negligent acts, or service use.

37. Intellectual Property and Supply of Raw / Editable Files

All Intellectual Property Rights in Project Intellectual Property vest in, or will upon their creation vest in Lucid Media. Non-transferable, non-exclusive license granted for specified use. You must not, without our prior written consent: adapt, create derivative works from or merge the template or other Project Intellectual Property. Raw/editable file supply discretionary; additional costs apply. You agree to carry the Lucid Media logo or text hyperlink describing the nature of the service provided e.g., 'Proudly Designed & Managed by Lucid Media,' in or under the website footer.

38. Confidentiality

Each party agrees to keep confidential and not to use or disclose except as permitted by these terms and conditions, any Confidential Information of the other party. Disclosure obligations limited to legal requirements with notice and consultation.

39. Calculation of Fees if not Specified

If fees unspecified, clients charged at Professional Hourly Rates. Rates may change.

40. Payment of Fees and Additional Costs

You must pay the Fees and Additional Costs to us within 14 days of the date on which we issue you an invoice. If you fail to pay any amount on the due date, we may charge interest on the amount due, calculated on a daily basis at 3% per month from the due date until the date on which Lucid Media receives payment. Clients liable for collection costs.

41. Suspension of Services

Accounts suspended for overdue/unpaid invoices. If payment is not made within fourteen (14) days of your invoice due date, your account(s) will automatically be suspended. After 21 days, accounts may be terminated and referred to debt collectors or lawyers.

42. GST

Unless we expressly state otherwise, the Fees and Additional Costs do not include GST. GST added if payable or assessed by Inland Revenue.

43. Duration of Agreement and Its Termination

Agreement effective upon execution and continues until project completion unless terminated. A party may terminate this agreement by notice in writing to the other party if: the other party commits a material breach and fails to remedy that breach within 14 days. Lucid Media may terminate for non-provision of information or loss of mutual confidence. Upon termination: obligations cease, accrued rights unaffected, license ceases, unpaid invoices remain due.

44. Non-Solicitation

You must not hire or employ or attempt, directly or indirectly, to hire or employ any person currently or formerly employed by or contracted to Lucid Media to work for you until six months after the date that person ceased working for or with Lucid Media. Breach liability: 12 months' average salary plus time extension.

45. Force Majeure

Neither party shall be liable for any failure or delay in performing their obligations under this agreement where such failure or delay results from a Force Majeure Event. Events include acts of God, natural disasters, pandemics, war, and civil unrest. If a Force Majeure Event continues for more than 90 days, either party may terminate this agreement by giving written notice to the other party, without incurring any liability.

46. General

Notices must be written. Agreement creates no employment, agency, or partnership. We may subcontract our obligations under this agreement. Failure to enforce rights doesn't waive them. Illegal provisions severed without affecting remaining provisions. We may change this agreement from time to time. The new terms will apply to any Project that commences after the date that we publish the changed terms and conditions.

47. Interpretation

A reference to 'this agreement' means these terms and conditions (including any schedule) together with a Purchase Order or Proposal (if any). Headings for convenience only. Singular includes plural; all genders included. References include corporations and government agencies. Legislation references include delegated legislation and amendments.