Terms & Conditions

• “NullGlitch” refers to Bakhtiyar Duganov, a sole trader operating in New Zealand under the trading name “NullGlitch”.
• “Client” refers to the person, company or other entity that contracts NullGlitch for Services.
• “Services” refers to any web development, design, hosting, maintenance, digital marketing, consulting or related professional services supplied by NullGlitch.
• “Deliverables” means the final website, code, designs or other work products produced by NullGlitch under a specific quotation/SOW or invoice.

• NullGlitch agrees to deliver the Services described in the accepted quotation, statement-of-work (SOW) or invoice.
• The Client agrees to provide, in a timely manner, all information, content, imagery, brand assets, access credentials and other resources reasonably required for NullGlitch to perform the Services.
• Unless otherwise stated, all source files and staging credentials remain on NullGlitch-controlled infrastructure until final payment is received.

• Digital Pro Kit (Standard):
  • Fees: one-time setup fee of NZ$499 + GST. Ongoing hosting & care at NZ$49 + GST/mo.
  • Inclusions: Custom design, mobile-first build, basic SEO, managed hosting.
• Vanguard (Luxury Tier):
  • Fees: one-time setup fee of NZ$4,995 + GST. Required "Vanguard Signature" hosting at NZ$149 + GST/mo.
  • Inclusions: Motion effects, conversion strategy workshop, Payload CMS integration, priority founder-led support.
• Enterprise (Custom):
  • Fees: Custom pricing as per Statement of Work (SOW), typically starting from NZ$10,000+.
  • Inclusions: Deep integrations, advanced security/SSO, custom SLA, dedicated project management.
  • Terms: Specific terms defined in the SOW supersede these general terms where applicable.
• General Payment & Licensing Terms (All Tiers):
  • Payment: Setup fees are due 100% upfront to commence work (unless a payment plan is agreed for projects > $5k). Monthly hosting is billed in advance.
  • Cancellation: Monthly hosting may be cancelled with 30 days written notice.
  • Code Ownership: NullGlitch retains ownership of the underlying code framework. usage.
  • Licence: Upon full payment, Client is granted a perpetual, non-exclusive licence to use the website for their business.
  • Portability: After 12 months of active service, we provide a static export at no cost upon request. Early export/migration may incur a packaging fee.

• Email channel: To cancel or request a plan change, email info@nullglitch.co.nz. We will confirm by reply email within 1 business day.
• Effective dates: Cancellations take effect at the end of the active billing period unless otherwise agreed.

• Fees are those set out in the quotation/SOW/invoice. Prices are quoted in New Zealand dollars (NZD) or, for Australian clients, in Australian dollars (AUD) at an approximate conversion rate. GST: Not applicable unless and until NullGlitch becomes GST-registered; if registered, GST (15%) will be added and tax invoices issued accordingly. Australian clients are responsible for any applicable Australian taxes.
• Projects ≥ NZ$250 require a 50 % non-refundable deposit to secure the booking. Balance is due on “go-live” or seven (7) calendar days after handover, whichever occurs first.
• Managed hosting and support plans are billed monthly in advance via automatic invoice. Any special promotions apply only where explicitly stated in your quotation.
• Late payment: amounts outstanding beyond seven (7) days after the due date will incur interest at 1.5 % per month, calculated daily.
• The Client shall reimburse NullGlitch for all reasonable legal and collection costs incurred in recovering overdue amounts.

• The Client may request changes to the scope; additional work is chargeable at the current hourly rate NZ$120/hour unless otherwise quoted.
• Either party may cancel an engagement with written notice. The Client is liable for all work, expenses and third-party costs incurred up to the date of cancellation, including any non-refundable licence or hosting fees.

• Where NullGlitch purchases software licences, stock imagery, plugins, domains or templates on the Client’s behalf, legal ownership (or, where applicable, the right to use) transfers to the Client upon full payment. Ongoing renewal fees or price increases after the initial term are the Client’s responsibility unless covered by a separate Managed Services Agreement.
• NullGlitch may incorporate open-source software and its own pre-existing frameworks or libraries into the Deliverables.
  • Open-source components are licensed to the Client under their original licences (e.g. MIT, GPL) and the Client agrees to comply with those terms.
  • All pre-existing intellectual property of NullGlitch remains the property of NullGlitch; the Client is granted a non-exclusive, perpetual licence to use such elements solely as part of the Deliverables.
• The Client confirms it holds (and will continue to hold) all necessary rights to any content, trademarks, data or code it supplies, and indemnifies NullGlitch against any third-party claims arising from that content.
• The Client acknowledges that Services may rely on third-party providers (hosting, payment gateways, APIs, SaaS). NullGlitch is not liable for interruptions, data loss, price changes or other losses caused by those providers. The Client must comply with each provider’s terms of service and acceptable-use policies.
• NullGlitch reserves the right to suspend or terminate Services without liability if the Client’s content or use of third-party services breaches NZ law, infringes intellectual property rights, or violates provider terms.

• Static sites (Managed Hosting): We take daily off-site snapshots of the deployed site and retain them for 30 days. The platform also keeps an immutable deploy history that allows rollbacks.
• CMS sites: Application database is backed up daily with 30-day retention. Media uploads are backed up daily to off-site object storage with 30-day retention.
• Verification: We perform a quarterly test-restore to verify backup integrity.
• Restore requests:
  • Digital Pro Hosting: non-automated restores are billable at our standard rate (NZ$120/h, 30-min minimum).
  • Performance Plus, CMS & Vanguard Signature: up to 2 routine restores per month included (e.g., roll back to yesterday). Additional restores are billable.
• Recovery targets: We aim for RPO ≤ 24h and RTO ≤ 8h for static sites; RTO ≤ 24h for CMS restores. These are targets, not guarantees.
• Exclusions: Backups exclude third-party services/content (e.g., external booking systems, social feeds) and client-managed assets outside our hosting.

• Dunning: If a payment fails, we will retry on day 0, day 3 and day 7 and notify you by email.
• Grace period: If payment remains outstanding after 3 days from the last retry, we may unpublish the site until the account is settled.
• Retention: We retain backups for 30 days. On settlement, we will reinstate the site promptly.

• Scope: We provide unlimited text and image updates to your existing pages. Simply email your changes, and we'll implement them for you.
• Inclusions: Changing text, swapping images, updating contact details, posting blog articles (content provided by you), and minor layout adjustments.
• Exclusions: Creation of new pages, major structural redesigns, custom feature development, or advanced SEO campaigns are not included and will be quoted separately.
• Turnaround Time: We aim to complete standard updates within 1–2 business days.
• Fair Use Policy: This service is intended for reasonable business use. NullGlitch reserves the right to negotiate a separate agreement if update requests become excessive or unreasonable (e.g., daily bulk changes).

• Staging sites are labelled and set noindex,nofollow until the first successful payment.
• We do not connect your domain (DNS) until billing has commenced.

• NullGlitch warrants that Services will be performed with reasonable skill and care and in accordance with accepted industry practice.
• A 30-day bug-fix warranty applies from the date the website is made live. The warranty covers coding defects only and excludes new features, content edits or issues caused by third-party changes.

• To the maximum extent permitted by law, NullGlitch’s total liability for any claim, whether in contract, tort or otherwise, is limited to the total fees paid by the Client for the specific Services that gave rise to the claim.
• NullGlitch is not liable for: loss of profit, revenue, goodwill, data, or any indirect or consequential loss.
• The Client is responsible for maintaining appropriate backups, cybersecurity measures and business-continuity plans unless covered by a Managed Services Agreement or our Hosting & Care plan. For Clients on our Hosting & Care plans, backups are provided as specified in Hosting, Backups & Restores above.

• Policy: ITB/05131/000/25/P (Professional Indemnity & Public Liability Combined)
• Limits: Professional Indemnity NZ$2,000,000; Public Liability NZ$2,000,000
• Insured name: NullGlitch
• Commencement date: 31 Jul 2025
• Evidence of cover (certificate of currency) available on request.

New Zealand Clients: If the Client acquires Services for the purposes of a business, the parties agree that the provisions of the Consumer Guarantees Act 1993 do not apply.

Australian Clients: Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law that cannot be excluded, restricted or modified by agreement.

• The parties will first attempt to resolve any dispute by good-faith negotiation.
• If unresolved within 14 days, the dispute must be submitted to mediation administered by the Resolution Institute of New Zealand before litigation may be commenced.

These Terms are governed by the laws of New Zealand, and the parties submit to the non-exclusive jurisdiction of its courts. Australian clients acknowledge that they are engaging a New Zealand-based supplier and agree to New Zealand jurisdiction for dispute resolution purposes.

NullGlitch may modify these Terms & Conditions by giving 14 days written notice. Continued use of our Services after that date constitutes acceptance of the revised Terms.

These Terms, together with any quotation, SOW or invoice, form the entire agreement between NullGlitch and the Client and supersede all prior negotiations.

• NullGlitch will provide a staging link or test site for Client review.
• Deliverables will be deemed accepted when the earlier of (i) written sign-off or (ii) five (5) business days after handover with no material defects reported.
• Post-acceptance changes are chargeable at the standard hourly rate.

Each party must keep confidential all commercially sensitive information received from the other and use it solely for performing or receiving the Services. This clause survives termination.

Where personal information is collected or processed on the Client's behalf, NullGlitch will comply with the New Zealand Privacy Act 2020 and any applicable Information Privacy Principles. For Australian clients, NullGlitch also acknowledges the Australian Privacy Act 1988 (Cth) and Australian Privacy Principles where applicable. The Client remains the data controller and must ensure any collection notices and consents are in place.

Unless the Client requests otherwise in writing, NullGlitch may display the Client’s finished website, screenshots, logos and a discreet “Site by NullGlitch” footer link in promotional materials and its portfolio.

Neither party is liable for failure to perform obligations due to events beyond reasonable control, including (but not limited to) natural disasters, utility failures, strikes, pandemics or the actions of third-party hosting providers.

NullGlitch does not guarantee specific search-engine rankings or ongoing compatibility with third-party services (e.g. Google, Facebook) whose algorithms or terms may change without notice.

Formal notices must be delivered by email to the addresses on the quotation/SOW and are deemed received on the next business day after sending unless a delivery-failure message is returned. If email is unavailable, notices may be couriered or posted to the registered office address above and are deemed received three (3) business days after dispatch.

If any provision of these Terms is held invalid, the remaining provisions remain in full force. The Client may not assign or transfer its rights without NullGlitch’s written consent.