The Plain English Version.

YourHQ is the trading name of Lian Tovine, sole trader, GST registered, based in Whangārei, Aotearoa New Zealand.

In these terms, "YourHQ", "I", "me" and "my" mean that business. "You" and "your" mean the person or organisation buying the services. Where you are buying on behalf of a company, trust or partnership, you confirm you are authorised to bind it, and you and that entity are both bound.

Contact for anything legal or formal: lian@yourhq.co.nz · 027 566 8803 · Whangārei, Aotearoa New Zealand.

These terms apply from the moment you do any of the following, whichever happens first:

• Pay an invoice or complete a Stripe checkout for any YourHQ service.
• Accept a proposal or quote in writing, including by email or text.
• Start a Caretaker subscription.
• Use any part of a website or system I have built and continue to host for you.

Together with your written proposal or quote, these terms are the whole agreement between us. If your proposal says something different from these terms, the proposal wins for that specific point.

I design, write, hand code, host and look after websites for small businesses. The current services are:

Exactly what you are buying, and exactly what is in scope, is set out in your written proposal. Anything not written in your proposal is not included.

Quotes are valid for 30 days from the date of issue unless the quote says otherwise.

Your proposal sets the scope: the pages, the features, the integrations, the deliverables. If you ask for something outside that scope, I will tell you before I start, give you a written estimate, and wait for your approval. I do not do out of scope work and then bill you for it.

Scope changes are agreed in writing. Email or text is fine. Verbal agreements are not.

All prices are in New Zealand dollars. Prices are quoted exclusive of GST unless clearly marked otherwise. GST at the prevailing rate is added at invoice.

Your build price is fixed in your proposal. Your Caretaker price is fixed at the rate you signed up on. If I change public pricing, that applies to new clients only. You keep the terms you bought on, unless you change your plan or scope.

I may adjust Caretaker pricing for existing clients where an underlying third-party cost I pass through changes materially. If that ever happens, you get at least 60 days written notice and you can cancel before the new price takes effect, with no penalty and no notice period required.

Payments are processed by Stripe. I never see or store your card details. Stripe's own terms apply to the payment itself. Your bank statement will show a YourHQ descriptor.

• The Website Audit & Blueprint. Paid in full at checkout. Afterpay is available where offered. Delivered within five working days of receiving your completed intake answers, not from the date of payment.
• Build. The setup fee is paid in full before your site goes live. Paying secures your build slot, and I allocate time to your project from that point.
• Caretaker. Billed monthly in advance, automatically, from your go-live date. This is a recurring subscription. It renews every month until you cancel it. Cancelling is covered in section 12.
• Add-Ons and hourly work. Billed on your next monthly cycle after the work is completed, unless agreed otherwise.

You authorise me to charge your saved payment method for the amounts and on the schedule set out above and in your proposal.

If a subscription payment fails, Stripe will retry it automatically. I will also get in touch, because a failed card is usually just a card, not a problem.

If payment remains outstanding 14 days after the due date, I may suspend Caretaker services, including hosting, until the account is settled. Your site may go offline during suspension. I will always warn you in writing before I suspend anything.

If payment remains outstanding 30 days after the due date, I may terminate your subscription under section 20 and remove the site from my hosting. Before I do that, you will get a clear final notice and a reasonable opportunity to take an export of your site.

Overdue amounts may attract reasonable recovery costs, including debt collection and legal costs actually incurred.

A build needs things from you. Content, photos, logins, feedback, decisions. I will tell you exactly what I need and when.

You agree to:

• Give me the material I ask for in a workable format, within a reasonable time.
• Give feedback in consolidated rounds, not in a running trickle.
• Nominate one person who has the final say on approvals.
• Respond to approval requests within 10 working days.

If I am waiting on you for more than 30 days, I may pause your project and move to other work. When you are ready, I will restart you in the next available slot. Long delays can shift your timeline, and that is not a breach by me.

Timeframes I give you are estimates made in good faith, based on you doing your part. They are not guarantees, and time is not of the essence.

I work with what is actually there. If your existing photos or copy are not up to standard, I will tell you honestly before we build. Not after.

I will not use low quality material just to fill space. If we need to source alternatives, I will flag it and we will sort it before anything goes live. Stock imagery, photography, paid fonts and licensed assets are your cost unless your proposal says they are included.

This applies to the Build setup fee only.

I build your complete site before you commit to the subscription. You receive a private preview link. The finished site, not a mockup.

• Love it. Domain connects, site goes live, subscription starts.
• Don't love it. Full refund of your setup fee, minus:

• Stripe processing fees (~3%), which Stripe does not return to me
• Domain registration costs, if the domain has already been bought in your name
• The cost of any third-party assets bought specifically for your project at your request

The window is seven days, counted from the date your preview link is sent. Inside those seven days you can do one of three things: accept the site, request refinements, or take the refund.

Requesting refinements does not restart the seven days. The clock keeps running from the day the preview link was sent, so if you want changes, ask early and I will get straight onto them.

If the seven days pass with no response, the refund option lapses. Nothing bad happens to the site. It stays built and waiting, and you can still go live whenever you are ready. The only thing that changes is that the setup fee is no longer refundable. The same applies once the site is live and the subscription has started.

If you take the refund, you do not get the code, the design files or the copy. That is the trade. You keep your own content, your own domain and anything you supplied.

Websites only. This guarantee covers YourHQ website builds. It does not cover the Learning Hub or any other bespoke platform build. Those are scoped and built collaboratively, with you seeing progress the whole way through, so there is no single reveal moment to guarantee against.

The Website Audit & Blueprint is $997 + GST, one off. It is a written professional opinion based on the information available to me at the time. It is not a guarantee of ranking, traffic, revenue or any other outcome.

It is delivered within five working days of receiving your completed intake answers, not from the date of payment.

Because it is delivered as a completed document, the Blueprint is not refundable once it has been sent to you.

The $997 credits in full toward a Build if you commission the Build within 90 days of the Blueprint being delivered. The credit is not cash, is not transferable, and expires at 90 days.

The audit document is yours to keep and use, whether you go on to build with YourHQ or not.

Complimentary audits are provided at my discretion, carry no fee, and carry the same disclaimers.

What it is. A month to month subscription. No fixed term. No lock in.

Included development time is stated in your proposal. It is per calendar month, it is for work I carry out, and it does not roll over or accumulate. Unused time is not refunded or credited.

Renewal. Your subscription renews automatically every month and charges your saved payment method until you cancel it.

Cancelling. 30 days written notice. Text or email is fine. Your site stays live through the notice period. Your final month is charged in full. Monthly fees are not refunded or pro-rated for a part month.

Pausing. You can pause once, for up to three months. Your site stays live, hosting continues, security stays tight, no penalty. Toward the end of the pause I will be in touch to work out what happens next. Resume any time inside the pause window. A second pause is not automatic; we work it out in a conversation. If you want your site online long term without support, Parked is the standing option at $79 a month + GST: hosting, SSL, backups and security monitoring only, with no included development time and no on-demand updates.

Anything outside your included time is available at $175/hr NZD + GST.

No surprises. No bill shock. You're always in control.

The Learning Hub is a course platform built on your own domain. Its setup fee and monthly fee are set out in your proposal.

The Hub monthly is separate from any Caretaker subscription. It covers different infrastructure: the Hub's own hosting, its own database holding your students and their progress, and its own email sending from your domain. Nothing is charged twice.

Month to month, same as Caretaker. No fixed term, no lock in, cancel with 30 days written notice.

The Hub monthly is banded by active students. An active student is an account enrolled in at least one course during the billing month. Archived students do not count. If your Hub grows past the ceiling of its band, the monthly moves to the next band, because the database and email costs grow with the load. You will get a heads-up when your Hub reaches 80% of its band, so you are never told by an invoice. The band rates set out in your proposal are fixed in writing and do not change for you.

Your students, your content, your domain. Student data, course content and the domain belong to you, with a full export on exit, per section 21.

No Love It or Leave It guarantee. That guarantee is for website builds, per section 10. The Hub is scoped and built collaboratively, with you seeing progress the whole way through, so there is no single reveal moment to guarantee against.

Your site depends on services I do not own or control. These currently include Stripe, Vercel, Supabase, GitHub, Google, Resend, ElevenLabs and any booking, email or payment platform in your specific build.

You accept that:

• Their availability, features, terms and pricing are theirs to change, not mine.
• Any account you hold directly with them is governed by their terms, not these.
• If a third-party service fails, changes or shuts down, I will do what is reasonably practical to keep your site working, but I am not liable for their outages, changes or decisions.
• Where a third-party service is billed to you directly, or is passed through at cost, that cost is yours.

Some third-party services process data using artificial intelligence. Where that applies to your build, it is described in the Privacy Policy.

Your domain is registered in your name and belongs to you from day one. I never register it in mine.

Where I manage renewals for you, I will use reasonable efforts to renew on time, but you are responsible for the domain remaining valid and paid. If a domain lapses because a payment method failed or you did not respond to a renewal notice, that is not my liability.

You own your content. All text, images, logos and files you provide stay yours. I claim no rights over them.

You own your customer data. Every enquiry and every signup your site generates belongs to you. I do not mine it, sell it, or share it.

You own your design and your site. On full payment of the setup fee, I assign to you the rights in the visual design and the site specific code produced for your project. It is created for you, not licensed to you.

One carve out, and it is a normal one. I keep ownership of my own pre-existing and general purpose material: my frameworks, my component patterns, my code libraries, my build tooling, my templates and my methods, including anything I develop for general use in the course of your project. You get a perpetual, worldwide, royalty free licence to use that material as part of your site. What you cannot do is extract it and resell it as a product or a service in its own right.

Portfolio rights. I may show your finished site in my portfolio, in case studies and in marketing, and describe the work done, unless you ask me in writing not to. I will never publish anything you have told me is confidential.

You promise that everything you give me is yours to give, or that you have permission to use it, and that it is accurate, lawful and not misleading.

You are responsible for the legal compliance of your own content. That includes the Fair Trading Act 1986, the Consumer Guarantees Act 1993, the Medicines Act 1981 and any advertising rules that apply to your industry, including health, medical, therapeutic and financial services. I will flag risks I happen to spot. Flagging is a courtesy, not legal advice, and not a compliance review.

You indemnify me against any claim, loss, cost or liability arising from your content, your products, your services, your instructions, or your breach of these terms.

You can leave any time. 30 days written notice, per section 12.

I can end it too. I may suspend or terminate with 30 days written notice for any reason, or immediately if you:

• Fail to pay after the notice periods in section 7.
• Use the site or my services for anything unlawful, fraudulent, hateful, harassing, or in breach of another person's rights.
• Are abusive toward me.
• Breach these terms materially and do not fix it within 14 days of me telling you in writing.

Where I terminate for convenience, I will refund any subscription fee you have paid in advance for the period after your service ends. Where I terminate for your breach, I will not.

Your site stays live through your notice period.

On exit I hand over everything that is transferable: your site files and code, your content, your images, your database export where one exists, your email capture list, and your domain, which was always yours.

Some things are not transferable, and I will tell you plainly which ones. Live connections to Stripe, booking platforms, email services, Content Autopilot and similar integrations depend on my accounts, my configuration or my keys, and they will not survive an export. With your handover you get a written list of exactly what needs reconnecting and what it does, so your next developer can pick it up.

Once your subscription ends, hosting ends. I will keep a copy of your site for 30 days after termination as a courtesy, then delete it. Take your export.

I will not hold your site, your domain or your data hostage over a commercial disagreement. Ever.

If you are buying for personal, domestic or household use, the Consumer Guarantees Act 1993 applies and nothing in these terms limits your rights under it.

You are almost certainly not. YourHQ sells to businesses.

Where you acquire the services for the purposes of a business, you and I agree that the Consumer Guarantees Act 1993 does not apply, as permitted by section 43(2) of that Act, and that sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 do not apply, as permitted by section 5D of that Act. We both agree this is fair and reasonable, given the price, the nature of the services, and the fact that both of us are in trade.

I do this work properly and with reasonable care and skill. That is a real commitment and I stand behind it.

Here is what I do not promise, and no honest person in this trade would:

• Specific search rankings, traffic volumes, leads, conversions or revenue.
• That your site will appear, or keep appearing, in Google, in AI generated answers, or in any other platform's results. Those platforms change their rules constantly and nobody controls them.
• Uninterrupted or error free service. I aim high and my hosting is good, but I do not offer a contractual uptime guarantee.
• That third-party services will keep working the way they work today.

Except as expressly stated in these terms, all warranties, conditions and guarantees implied by law are excluded to the maximum extent the law allows.

I am not liable for indirect or consequential loss, loss of profit, loss of revenue, loss of business, loss of goodwill, or loss of data, however it arises.

Where I am liable, my total liability to you for all claims combined, whether in contract, tort including negligence, equity or otherwise, is capped at the total amount you actually paid me in the 12 months immediately before the event giving rise to the claim.

Nothing in this section limits liability that cannot lawfully be limited, including liability for fraud or for personal injury caused by negligence.

You must bring any claim within 12 months of becoming aware of the circumstances giving rise to it.

Neither of us is liable for failing to perform because of something genuinely outside our reasonable control. Natural disaster, pandemic, war, civil unrest, cyber attack, nationwide network or power failure, government action, or the failure of a major third-party platform.

If it goes on for more than 60 days, either of us can end the agreement with written notice and no penalty.

I will keep your confidential business information confidential, and use it only to do the work. You will do the same with anything I share that is clearly confidential, including pricing structures and process documentation.

This does not apply to information that is already public, that either of us knew before, or that has to be disclosed by law.

How I handle personal information is set out in the YourHQ Privacy Policy, which forms part of these terms.

Changes apply to new clients only. When I update these terms, the new version applies to clients who sign up after it is posted. Existing Caretaker and Learning Hub clients hold the terms they bought on.

If a change ever does need to reach existing clients, for example where the law requires it, you will get at least 30 days written notice before it takes effect, and you can cancel inside that window with no penalty and no notice period required.

Minor changes, like fixing a typo, correcting a contact detail or clarifying wording that does not change your rights, take effect when posted.

The version in force is the one published on this page at the time you place your order.

Subcontractors. I may use subcontractors or specialists for parts of the work. I stay responsible to you for what they do.

Assignment. You cannot transfer this agreement without my written consent, which I will not unreasonably withhold, for example on a genuine sale of your business. I may transfer it as part of a sale or restructure of YourHQ, and I will tell you if that happens.

Notices. Written notice means email to lian@yourhq.co.nz from you, and email to the address you gave me from me. Text works for day to day requests. For cancellation, termination and anything formal, use email so there is a record.

Disputes. If something goes wrong, talk to me first. Most things get sorted with a phone call. If it does not, we both agree to attempt mediation in good faith before starting court proceedings, unless urgent relief is needed.

Governing law. New Zealand law governs these terms, and the New Zealand courts have exclusive jurisdiction.

The usual. If any part of these terms is unenforceable, the rest still stands. Not enforcing something once does not mean giving it up. Nothing here creates a partnership, joint venture or employment relationship between us. Clauses that are meant to survive termination, including ownership, liability, confidentiality and indemnity, do.