1. General Business T&C's

Engagement

The term “Client” or the term “you”, as mentioned in these terms and conditions, shall be the party agreeing to this proposal.

The Client may engage Socials by Guru to perform work by advising Socials by Guru in writing or through verbal confirmation that is acceptable to Socials by Guru. It is recommended by Socials by Guru that all confirmation of work be completed in writing.

If Socials by Guru agrees to do work for the Client, such work is based on information supplied by the Client. A non-refundable deposit may also be required by Socials by Guru.

The Client shall indemnify Socials by Guru and its directors, officers and employees from and against all actions, claims, damages, liabilities or costs (including legal costs) arising from, or directly or indirectly related to, the provision of materials, use of Services by the Client or anyone else, any breach of these terms and conditions by the Client, any illegal or defamatory Photographic/Video Works produced for the Client, any infringement of an intellectual property right of any person, any Photographic/Video Works that invade any person’s right to privacy or other personal right, any Photographic/Video Works that fail to comply with any local, national or international law, act or regulation, or howsoever otherwise arising.

Quotes & Estimates

Any quote or estimate given is based on the brief and information provided by the Client and is subject to change if the brief and/or information changes. Any additions or changes outside the initial brief and information provided shall be charged at the hourly rates shown in the schedule of this document unless otherwise agreed.

All quotes and estimates are valid for 30 days from the date it is provided unless otherwise stated.

Estimates are not firm quotations and are liable to alteration. Any change to instructions given by the Client or job specifications made or agreed upon may alter the fees and Job-Related Costs.

The Socials by Guru office is our preferred location for all job-related meetings and project reviews as it is appropriately set up for meetings and presentations. If you would prefer meetings throughout your project at your office or any other location additional fees may apply.

Pricing And Payment

The Client shall pay Socials by Guru the various amounts payable in accordance with the agreement. Socials by Guru reserves the right to require payment before any material is made available to the Client and also reserves the right to issue an invoice at any time for work already completed.

If Socials by Guru’s fee and/or expenses are not quoted in advance, or if work is done that is additional to the initial agreement, then the Client shall pay the amount invoiced by Socials by Guru in accordance with the rates shown in the schedule of this document.

Service Rates & Fees

Service rates and fees are defined in the schedule of this document and all services are charged in 15-minute increments.

Deposits

Before any work starts or the project commences, Socials by Guru may require a non-refundable deposit for part or all of the amounts quoted in advance.

Payment Terms

Unless otherwise specified in the agreement, payment is due within 14 days of the invoice. Extended payment terms can be agreed upon but must be agreed to in writing before the invoice is issued.

Overdue Payments

In the event that any monies are not paid in full on the due date, Socials by Guru may suspend any further work until all amounts owing and any costs incurred are paid in full.

Socials by Guru shall be entitled to charge interest at a rate of 5% per week on any overdue amounts outstanding.

All debt collection and related costs such as legal expenses (on a solicitor-client basis) will be on-charged to the Client.

Associated Costs / Reimbursements

The Client is responsible for all travel, accommodation and meal costs incurred by any Socials by Guru employee or contractor unless provided by the Client. All travel expenses are based on the distance or time between the event location(s) and Socials by Guru’s office/studio address. Unless otherwise stated in writing, the Client shall be charged for Socials by Guru’s travel costs by set fee, mileage fee or in any other manner that Socials by Guru chooses.

The Client shall reimburse Socials by Guru for all Job-Related Costs where Socials by Guru makes payment to others on behalf of the Client. Socials by Guru may add a service charge or commission, determined at Socials by Guru’s absolute discretion. Unless otherwise specified in the agreement, the Client must pay all job related costs and service charges/commissions to Socials by Guru within 14 days of invoice.

Cancellations

If the Client cancels a Booking/order or withdraws material while work is in process and/or prior to completion of the end product, Socials by Guru assumes no responsibility for the completion of the end work and is entitled to payment for all work completed at the time of cancellation or withdrawal along with payment for all charges incurred for materials.

Stalled Projects

Where a project has stalled for longer than 30 days and the project completion is outside of Socials by Guru’s control, Socials by Guru will invoice for all work completed on any unfinished work or projects and any Job-Related Costs incurred at that time. Examples include: failure to provide feedback on revisions or drafts including or sign off (approval) of any completed work.

Work Suspended

Where the Client instructs that work is to be suspended for a period of 30 days or more, the Client must, at the time of suspension, pay Socials by Guru for all work in progress and any Job-Related Costs incurred at that time.

Work Forfeited

Where the Client has failed to make reasonable attempts to complete the agreed work and or project, and has made no contact within 30 days it can be assumed that the Client has forfeited the job and must, at the time of project suspension, pay Socials by Guru for all work in progress and any Job-Related Costs incurred at that time.

2. Videography & Photography

Responsibilities

Socials by Guru is not responsible for compromised coverage due to causes beyond the control of Socials by Guru including but not limited to obtrusive persons, lateness of the Client or associates, weather conditions, schedule complications, incorrect addresses provided to Socials by Guru, or restrictions of the locations. Socials by Guru is not responsible for backgrounds or lighting conditions that may negatively impact or restrict the photo coverage. Socials by Guru is not liable for missed coverage of any part of the event(s). Socials by Guru is not liable for failure to deliver images/video of any individuals or any objects at the event(s).

Consents & Model Release

The parties agree that Socials by Guru holds no responsibility for organising approvals for any model release and consents unless agreed in the proposal. Unless stated before shooting it is up to the Client to ensure all captured people have given their full consent and release.

Ownership & Rights

All work produced by Socials by Guru is owned by Socials by Guru including all RAW video and audio footage captured. Socials by Guru grants the Client perpetual usage to all completed photo and video works produced in accordance with any licensing agreements such as licensed music or stock footage attached to your project.

RAW Footage

Socials by Guru retains ownership and copyright of all RAW photo & video material captured. These files will not be given unless agreed by prior arrangement and a set fee is established.

Music Licensing

Music is licensed to the Client’s project through Socials by Guru’s music subscription services. Should you have any concerns with uploading due to music copyright please contact Socials by Guru directly.

Should the Client choose to use music that has not been licensed to use, the Client acknowledges and accepts that this is done at their own risk and may incur a copyright breach. Socials by Guru takes no responsibility for this.

Socials by Guru Credit

Socials by Guru logo or credit will be included in all finalised videos unless a prior agreement has been obtained.

Storage And Backups

While every reasonable effort is made to protect the Client’s data, the integrity of stored electronic data and/or media cannot be guaranteed due to technological limitations of media and devices available.

On completion and delivery the Client acknowledges that the Client is responsible for the storage and backup of the completed and finalised Photographic/Video Works supplied by Socials by Guru.

While Socials by Guru will follow its usual backup procedures (if any) upon delivery of the Photographic/Video Works, Socials by Guru shall not be liable under any circumstances if unable to produce backups or future reproductions of the Photographic/Video Works upon the request of the Client including all raw material and project files.

Post-Production And Editing

Socials by Guru will decide what images and or videos will be used for editing. Where the Client chooses to preview and assist in the selection of the footage this will be charged at Socials by Guru’s normal editing rates.

The final post-production and editing styles including but not limited to, colour, effects, and the overall look of the images/video shall be left to the discretion of Socials by Guru. ​

Socials by Guru is not liable to deliver every photographic image or video taken at the event(s). The determination of images delivered to the Client shall be left to the discretion of Socials by Guru.

3. Websites

Website & App Development

Where Socials by Guru has created or designed a website/app for the Client and the website/app is now ‘live’ on the internet, the Client must make payment in full as per Socials by Guru’s standard payment terms. Should payment not be made in full, Socials by Guru reserves the right to take down that website/app until such time as it receives payment in full.

The Client acknowledges and agrees that it will be liable for all of the costs of restoring the website/app to the internet where it has been taken down due to non-payment.

The Client agrees that it will be charged for any work it requests Socials by Guru to complete or undertake that is outside of the scope of the estimate / quote and the approved design. After going live, updates or changes the Client wishes to make to the website/app will also be chargeable as per Socials by Guru’s hourly rate.

Website Backend Access

Socials by Guru may supply the Client with CMS access, in accessing the backend, the Client agrees that Socials by Guru is not liable for any website errors, inaccuracies in data, website/server outages or corruption caused by actions taken by the Client. If Socials by Guru is required to fix any issues that arise due to changes the Client has made to the website, Socials by Guru will charge for the time to fix these issues.

The Client also agrees that they will take all recommendations given by Socials by Guru to ensure the best performance of their website, this includes uploading images that have been resized to have the longest side set to 2048px, compressing images below 1MB and compressing videos. Failure to do so may result in website outages or poor performance, Socials by Guru reserves the right to charge for time to rectify this.

For security reasons, the Client or its IT Supplier cannot install or remove plugins, modify code, or grant anyone else access to the website backend. If this is required, you must contact Socials by Guru and Socials by Guru will make the necessary changes if they deem this appropriate and safe.

Search Engine Optimisation (SEO)

Socials by Guru can strongly influence your search ranking but has no direct control as to how well your website will rank in search.

You acknowledge that the Google and other search engines algorithms are constantly changing and evolving and that Socials by Guru has no control over these changes.

Accordingly, Socials by Guru is unable to guarantee the success of any online marketing or search engine optimisation undertaken on behalf of and/or for the Client.

Technology Ownership & IP

Socials by Guru retains ownership of the IP of any custom applications and all working files unless otherwise agreed in writing with Socials by Guru.

You acknowledge that Socials by Guru is free to reuse any code, inventions, extensions, plug-ins or components and you grant Socials by Guru an indefinite perpetual licence to use, re-sell and modify such items.

Domain Names

The Client acknowledges that domain registrations are non-refundable once purchased/renewed.

Socials by Guru will not, at any time, assume any liability whatsoever in respect of the use of any domain name. Any disputes arising must be resolved between the parties involved.

The Client cannot transfer a domain name away from Socials by Guru unless the Client has first paid all Socials by Guru accounts in full.

Servers & Hosting

All Socials by Guru websites are to be hosted on Socials by Guru managed servers, by having a website hosted with Socials by Guru. The Client agrees that:

A: Hosting is not guaranteed to be live/online 100% of the time due to its dependency on servers that require software upgrades and possible technical challenges which may interrupt its service.

B: Socials by Guru will charge fees for hosting and If unpaid, Socials by Guru reserves the right to shut down the website/App until such time as full payment is received.

C: To protect all of Socials by Guru’s clients, access to our server will not be given to the Client or their IT Supplier. Any updates required to the setup, files or records will be made on behalf of the Client, on a charge up basis.

D: If Socials by Guru considers that any Website/App to be a security risk, Socials by Guru may advise the Client that the hosting service is at risk and will make all reasonable efforts to eliminate that risk (and Socials by Guru reserves the right to charge the Client for time required to eliminate that risk). If the risk can not be eliminated, the hosting service will be immediately discontinued and requested to find an alternative host at their own cost.

E: Socials by Guru will not be liable for any loss that may be incurred in relation to the services provided, Third Party Software, apps, hosting, hacks or breaches of security.

Backups

Socials by Guru will endeavour to hold a manual backup of your website files and database from when it goes live, however, this is not guaranteed.

You acknowledge that Socials by Guru will not create backups of any websites that are not hosted on our managed hosting servers or any websites hosted outside of Socials by Guru on Third Party Software and or servers that we don’t have the ability to log into (examples include but are not limited to, Shopify, Squarespace, and Wix).

While every reasonable effort is made to protect the Client’s backed-up website, the integrity of stored electronic data and/or media cannot be guaranteed due to the technological limitations of media and devices available.

Third-Party Software & Apps

We may provide Third Party Software as part of the Project.
You acknowledge that:

A: We have limited control over the functionality or operation of the Third Party Software.

B: if the third parties provide data or other information for use with the Software, we have no control over the accuracy or completeness of that information.

C: you accept and must comply with the terms and conditions of the Third Party Software providers.

D: Where applicable, those Third Party Software providers may invoice you directly for ongoing costs relating to your use of the Software.

The Fees for the Third Party Software may change from time to time. The new prices not supplied directly by the provider will apply from the date that we notify you.

You acknowledge that the CMS and many of its extensions, plug-ins and components are provided by third parties, and therefore, we have limited control over the functionality or operation of the CMS and its extensions, etc. and you accept and must comply with the terms and conditions of those third parties relating to the CMS.

You acknowledge that the software that is developed by Socials by Guru may run on Third Party Software, platforms, and environments. Therefore if any of these Third Party Software, platforms, and environments make an update or discontinue, this may cause your website/app to break down, be interrupted or not operate at full functionality and Socials by Guru shall not be liable for any such eventuality.

Website Credit

The Client agrees to allow Socials by Guru to add a small credit on the finished website. This will be in the form of a small line of text and a logo placed in the footer of the website.

The Client also agrees to allow Socials by Guru to showcase websites and other designs, along with a link to the Client’s site on Socials by Guru’s own marketing materials and channels for self-promotional purposes, unless agreed to by both parties in writing beforehand.

4. Graphic Design

Approving Proofs / Designs / Printing

The Client is held responsible for approving all artwork proofs and ensuring accuracy and suitability. This includes, but is not limited to design, spelling, grammar, illustrations, images quality and quantity. It is the responsibility of the Client to request another copy if the proof is difficult to read or changes are required.

Final artwork on all screens or devices may differ from the final print or product supplied. Socials by Guru is not responsible for the accuracy of any outsourced print work.

The Client’s final accepted proof is the artwork that will be submitted for prints and/or web construction. There will be no reprints or web redevelopment at our expense.

If requested by the Client, a test print can be done at the intended and final print size (100%) to assist in confirming colours, design, bleed, size and type. This will be charged to the Client.

Working Files

Socials by Guru retains ownership of all working files and will not provide these to the Client or their supplier.

5. Digital Marketing

You acknowledge that the Digital Marketing Services provided by Socials by Guru is not an exact science and that search engines, media services, platforms and providers are constantly changing and evolving and that Socials by Guru has no control over these changes.

Socials by Guru will perform the Digital Marketing Services utilising best practice strategies and up-to- date techniques, and will make recommendations to best achieve the Client’s goals, but cannot guarantee results.

Socials by Guru will endeavour to seek approval from the Client for material prior to publication, but this may not always be possible due to time constraints, deadlines and access to the appropriate authority.

Socials by Guru does not hold any responsibility for positive or negative community engagement as a result of our Digital Marketing Services.

All work completed and prepared as part of our Digital Marketing Services is owned by Socials by Guru until all services have been paid for in full. We reserve the right to remove any published or unpublished work at any time and the Client acknowledges and agrees that it will be liable for all of the costs of restoring the Digital Marketing Services where it has been taken down due to non-payment.

You indemnify, and agree to keep Socials by Guru and its directors, officers and employees indemnified from and against all actions, claims, damages, liabilities or costs (including legal costs) arising from, or directly or indirectly related to, performing digital marketing services.

6. Revisions & Client Proofing

Any additional work, revisions or variations outside of the original quoted or estimated time will be charged at Socials by Guru’s current rates as set out in the schedule in this document.

7. Miscellaneous

In the event of a conflict or inconsistency between the terms in this document and the booking/order, the Booking/order shall prevail.

The booking/order, together with this document and any other special conditions agreed in writing between the parties, shall constitute the entire agreement between the parties. Each Booking/order made by the Client shall (together with this document and any other special conditions agreed in writing between the parties) constitute a separate agreement between the parties.

The terms in this document are governed by, and to be construed in accordance with New Zealand law. The parties submit to the exclusive jurisdiction of the New Zealand courts.

The Client acknowledges and accepts that Socials by Guru may work with other businesses competing with the Client. However, Socials by Guru will keep the Client’s affairs confidential and will not disclose any sensitive or confidential information regarding the Client’s business or work done for the Client.

Except for an obligation to pay money, neither the Client nor Socials by Guru shall be liable for any act, omission or failure to fulfil its obligations, or any loss or damage arising directly or indirectly due to an act of god, explosion, fire, flood, storm, earthquake, subsidence, armed conflict, strike, lockout or labour disputes, civil commotion, intervention of a government, epidemic, accidents, electrical, heat, light or telecommunication failures, interruption to transportation, weather or any other cause outside Socials by Guru’s control (Force Majeure).

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

• Unless specified in the proposal, the fees do not include any searches or purchase of stock images, commercial fonts, photography, audio or video.
• You can provide stock images, commercial fonts, audio or video, or we can purchase them on your behalf. When any stock images or commercial fonts are purchased on your behalf, Socials by Guru will be the license holder and the image or font can only be used under the terms of the license/s.
• You indemnify, and agree to keep Socials by Guru and its directors, officers and employees indemnified from and against all actions, claims, damages, liabilities or costs (including legal costs) arising from, or directly or indirectly related to, the breach of these licenses.
• Standard stock images will be charged according to the stock image rates.

Privacy And Personal Information

Socials by Guru will collect, use and hold information for the purpose of providing services and the effective marketing and management of Socials by Guru.

a) Socials by Guru may share information to any person/company who can assist it with providing products or services to the Client.

b) Socials by Guru can use any work for their portfolio and case studies, including draft concepts, before and after examples, results of successful campaigns, testimonials and messages of endorsement and appreciation received unless the Client has requested them to be kept confidential.

Security Of Socials by Guru Accounts

Access to Socials by Guru’s accounts will not be granted to the Client or their suppliers which includes; servers, hosting environments, marketing tools, Google, Facebook and other business accounts of Socials by Guru.

Health And Safety

The Client acknowledges and agrees that the Client is responsible for, and shall take all reasonably necessary steps to ensure, its own personal safety and that no action or inaction of the Client causes harm or risk to the health and safety of others.

Notwithstanding the above, the Client agrees to comply with any reasonable health and safety directions given by Socials by Guru.

Changes To These Terms

Socials by Guru reserves the right to modify the terms and conditions laid out in this document at any time. Socials by Guru will provide the Client with written notice of any modifications, and such modifications shall take effect immediately unless Socials by Guru advises otherwise.

8. Definitions

For the purposes of the agreement, the following definitions shall apply unless the context requires otherwise:

Agreement: means the Booking/Order, together with these terms and conditions and any other special conditions agreed in writing between the parties.

Booking/Order: means an order or request by the Client for any and all services provided by Socials by Guru.

Client: means the person or entity listed on the booking/order who engages or instructs Socials by Guru to produce Services.

CMS: Content Management Systems such as DatoCMS, WordPress, Shopify, Webflow, or Squarespace.

Digital Marketing Services: Includes but is not limited to services and products such as google ads, search engine optimisation (seo), social media posting, management and advertising, marketing consultation, media buying and external digital campaigns.

IT Supplier: Anyone providing digital services, social media marketing, advertising or IT services.

Job-Related Costs: means any costs and expenses incurred by Socials by Guru on the Client’s behalf in providing Services or in the creation of any Services and Socials by Guru related works.

Licence: is a right granted by Socials by Guru to the Client to use the copyright works of Socials by Guru on the terms set out above.

Photographer/Videographer: means the photographer/videographer and where the context requires may include, the studio, photographic company, employees or sub-contractors.

Photographic/Video Works: means the deliverable works specified in the booking/order and created or supplied by the Photographer/Videographer, including photographs, moving images (video), digital files, and images in any form or medium.

Services: means any work produced or reproduced by Socials by Guru including but not limited to photos or video including the Photographic/Video Works, graphic design, copywriting, websites and any web related services.

Third Party Software: means software or services not created or controlled by Socials by Guru, such as website plugins, servers, CMS, or APIs (application programming interfaces).

9. Schedule

Hourly Rates on standard business days

• Web Design: $40
• Social Media: $30
• Graphic Design: $35
• Video Editing: $40
• Filming: On a case by case but no less than $45
• Photography: On a case by case but no less than $50

Hourly Rates on public holiday

• Web Design: $55
• Social Media: $45
• Graphic Design: $50
• Video Editing: $60
• Filming: On a case by case but no less than $65
• Photography: On a case by case but no less than $70

The rates and charges outlined here represent the standard pricing for the services provided by Socials by Guru These prices apply unless a different agreement has been made in advance through a written contract. Any changes to these rates must be mutually agreed upon in writing by both parties. By engaging in services with Socials by Guru, the client acknowledges and accepts these pricing terms.