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 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.

• Fees are those set out in the quotation/SOW/invoice. Prices are in New Zealand dollars (NZD) and exclusive of GST unless expressly stated.
• 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. The first month of hosting is free; standard hosting fees (see quotation) apply from month 2 onward.
• 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 + GST 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.

• 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 separate Managed Services Agreement.

NullGlitch will purchase Professional Indemnity and portable equipment cover at the start of Month 1; evidence of cover will be supplied on request.

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.

• 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.

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 Privacy Act 2020 and any applicable Information Privacy Principles. 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.