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Terms & Conditions

Last Updated: September 2026

These Terms & Conditions govern your use of the Networkspan Nextgen Limited website and the provision of digital marketing, advertising, strategy, creative, media, content, search, lead generation, analytics, and related services by Networkspan Nextgen Limited.

Please read these Terms carefully before using our website or engaging our services.

By using this website, submitting an enquiry, requesting a proposal, accepting a quotation, signing a proposal or service agreement, or engaging Networkspan Nextgen Limited to provide services, you acknowledge that you have read and agree to these Terms, to the extent they apply to your use of our website or our services.

Where a separate proposal, statement of work, service agreement, order form, or other written agreement has been entered into between Networkspan Nextgen Limited and a client, that agreement will govern the specific services, fees, deliverables, timelines, and other commercial terms covered by it. If there is an inconsistency between these Terms and a signed written agreement, the signed agreement will prevail to the extent of that inconsistency.

1. About Networkspan Nextgen

Networkspan Nextgen Limited ("Networkspan", "we", "us", or "our") is a company based in New Zealand providing digital marketing and related services to businesses.

Our services may include:

The specific services provided to a client will depend on the relevant proposal, quotation, statement of work, or service agreement.

2. Definitions

In these Terms:

"Client" means the person or business that engages Networkspan to provide services.

"Campaign" means any marketing, advertising, content, media, lead generation, or promotional activity undertaken for a Client.

"Creative Assets" means marketing materials produced or developed as part of the Services, including copy, graphics, designs, videos, advertisements, landing pages, and other agreed creative materials.

"Deliverables" means the specific work products Networkspan has agreed to provide under a proposal, quotation, statement of work, or other written agreement.

"Media Spend" means amounts paid to advertising platforms or other third-party media providers to distribute advertising.

"Services" means the services agreed between Networkspan and the Client.

"Third-Party Platforms" means external platforms, websites, software, advertising networks, social networks, analytics systems, search engines, hosting providers, CRM systems, or other third-party technologies used in connection with the Services.

"Website" means the Networkspan Nextgen website and any associated pages, forms, content, or digital properties operated by Networkspan.

3. Using Our Website

You may use our Website for lawful purposes only.

You must not:

We may suspend or restrict access to the Website where reasonably necessary for security, maintenance, legal, or operational reasons.

4. Information On Our Website

We aim to keep information on our Website accurate and useful. However, website content is provided for general informational purposes and may not contain every detail relevant to your particular circumstances.

Marketing strategies, channels, budgets, timelines, performance expectations, and recommendations can vary significantly between businesses.

Information published on the Website does not constitute legal, financial, accounting, medical, investment, or other professional advice.

You should obtain appropriate professional advice where a decision requires specialist advice.

5. Our Marketing Services

The Services we provide will be determined by the scope agreed with the Client.

Depending on the engagement, this may include strategy, research, campaign planning, paid advertising, SEO, content, social media, creative development, landing pages, lead generation, analytics, reporting, optimisation, or related services.

We may recommend changes to the scope where we reasonably consider that a change would improve the suitability or effectiveness of the work.

Any material change to the agreed scope may require additional fees or a revised statement of work.

6. Proposals, Quotations And Scope

Before commencing a paid engagement, Networkspan may provide a proposal, quotation, statement of work, or other written description of the Services.

Unless otherwise stated:

A quotation will remain valid for the period stated in it. If no validity period is specified, Networkspan may withdraw or amend the quotation before it is accepted.

7. Client Responsibilities

The Client agrees to provide information, materials, access, approvals, and instructions reasonably required for Networkspan to perform the Services.

The Client is responsible for ensuring that information supplied to Networkspan is accurate, current, complete, and lawful.

The Client must promptly notify Networkspan if any information, offer, product, service, pricing, claim, promotion, or other campaign information changes.

Delays caused by missing information, delayed approvals, unavailable access, or changes requested by the Client may affect delivery timelines.

8. Client Approvals

Depending on the engagement, the Client may be required to approve:

The Client is responsible for reviewing approved materials before publication and confirming that factual statements, prices, offers, claims, products, services, and other business information are accurate.

Once materials have been approved, subsequent changes may be treated as additional work.

9. Client Content And Materials

The Client grants Networkspan permission to use materials supplied by the Client for the purpose of providing the Services.

The Client represents that it has the necessary rights, permissions, licences, and authority to provide those materials to Networkspan and to permit their use for the agreed purposes.

Client materials may include:

The Client remains responsible for the accuracy and legality of Client-supplied information.

10. Marketing Claims And Compliance

Marketing materials must comply with applicable laws and advertising requirements.

The Client remains responsible for the legality and accuracy of claims concerning its own products, services, pricing, promotions, guarantees, qualifications, testimonials, results, health claims, financial claims, property claims, or other representations supplied or approved by the Client.

Networkspan may refuse to publish or distribute material that it reasonably believes may breach applicable law, advertising rules, platform policies, or third-party rights.

Networkspan does not knowingly create or publish false or misleading advertising.

New Zealand's Fair Trading Act restricts misleading conduct in trade and prohibits representations that are unsubstantiated where reasonable grounds do not exist when the representation is made.

11. Marketing Performance And Results

Digital marketing performance depends on many factors outside Networkspan's control.

These may include:

Accordingly, unless expressly stated in a signed written agreement, Networkspan does not guarantee a particular number of:

Any examples, forecasts, projections, targets, benchmarks, or performance expectations provided by Networkspan are estimates unless expressly identified as contractual guarantees.

12. Advertising Media Spend

Media Spend is separate from Networkspan's professional fees unless expressly stated otherwise.

Media Spend may include amounts paid to platforms such as search engines, social networks, advertising networks, publishers, or other media providers.

The Client is responsible for approved Media Spend.

Third-party platforms may:

Networkspan does not control these third-party decisions.

13. Advertising Accounts

Where possible, Networkspan's preference is to establish or manage advertising accounts in the Client's name or under arrangements that preserve the Client's access to its business assets.

The exact ownership and access arrangements will depend on the engagement and the requirements of the relevant platform.

The Client remains responsible for complying with the terms and policies applicable to accounts held in its name.

Networkspan may require appropriate account access to manage campaigns and provide the agreed Services.

14. Search Engine Optimisation

SEO outcomes depend on factors including search engine algorithms, competition, website quality, technical implementation, content quality, authority, industry conditions, and search behaviour.

Networkspan does not guarantee:

SEO recommendations may require implementation by the Client, its website provider, or another third party. Networkspan is not responsible for delays or performance limitations caused by changes that are not implemented or are implemented incorrectly.

15. Third-Party Platforms

Networkspan may use Third-Party Platforms in delivering the Services.

These may include advertising platforms, search engines, analytics systems, social media platforms, CRM systems, email platforms, website tools, hosting services, automation systems, and other technology providers.

Third-Party Platforms operate independently from Networkspan.

We cannot guarantee their:

Where a Third-Party Platform becomes unavailable, changes materially, or withdraws a feature, Networkspan may recommend an alternative approach.

16. Analytics, Reporting And Attribution

Where reporting is included, Networkspan may provide information relating to campaign activity and performance.

Reports may include metrics such as:

Reporting depends on available tracking systems and the accuracy of data supplied by Third-Party Platforms and the Client.

Attribution models do not necessarily establish that a particular marketing activity was the sole or direct cause of a sale, lead, booking, or other commercial outcome.

17. Website, CRM And Tracking Access

Where Networkspan requires access to a Client's website, CRM, analytics, advertising accounts, social accounts, or other systems, the Client authorises Networkspan to access those systems for the purposes of providing the agreed Services.

The Client remains responsible for maintaining appropriate ownership and administrative rights to its accounts unless otherwise agreed.

The Client must promptly revoke access where the Services have ended and Networkspan no longer requires access.

18. Data And Privacy

Networkspan may collect and process personal information in connection with enquiries, client relationships, marketing campaigns, website analytics, advertising, reporting, and service delivery.

Networkspan will handle personal information in accordance with applicable privacy laws and its Privacy Policy.

Where the Client provides Networkspan with personal information for processing, the Client is responsible for ensuring that it has the necessary authority or lawful basis to collect and provide that information for the agreed purpose.

The parties may agree to additional privacy or data-processing requirements where appropriate.

New Zealand's Privacy Act 2020 contains information privacy principles governing matters including the purpose of collection, source, use, disclosure, storage, access, and correction of personal information.

19. Email And Electronic Marketing

Where Networkspan provides email marketing, SMS marketing, or other electronic marketing services, campaigns must comply with applicable laws and platform requirements.

The Client must not provide unlawfully obtained contact lists or instruct Networkspan to send communications where the required permissions or legal requirements have not been satisfied.

Commercial electronic messages with a New Zealand link are regulated by the Unsolicited Electronic Messages Act 2007, including requirements relating to sender identification and functional unsubscribe facilities.

20. Intellectual Property

Unless otherwise agreed in writing, each party retains ownership of intellectual property it owned before the engagement.

Networkspan retains ownership of its pre-existing:

Subject to full payment of all applicable fees, ownership of specifically commissioned final Deliverables may transfer to the Client where the proposal or written agreement states that ownership is transferred.

Unless expressly agreed otherwise, Networkspan does not transfer ownership of its underlying methodologies, systems, tools, templates, software, know-how, or reusable frameworks.

Third-party materials remain subject to the rights and licences of their respective owners.

21. Third-Party Materials

Images, fonts, stock footage, music, software, plugins, platform assets, photographs, data, typefaces, and other third-party materials may be subject to separate licence terms.

Where third-party licences are required, the Client may be responsible for the applicable licence fees unless included in the agreed scope.

The transfer of a final marketing asset does not automatically transfer ownership of third-party components contained within that asset.

22. Website And Creative Content

Where Networkspan creates website copy, advertising copy, graphics, videos, landing pages, social content, or other marketing materials, the agreed scope will determine the number and type of Deliverables.

Unless otherwise agreed:

23. Revisions And Change Requests

The number of revisions included in an engagement will be determined by the relevant proposal or statement of work.

A revision means a reasonable change to an existing Deliverable within the agreed direction.

A material change in direction, new concept, substantial rewrite, additional Deliverable, new campaign, or change after final approval may be treated as additional work.

Additional work will be discussed with the Client before significant additional costs are incurred where reasonably practicable.

24. Fees And Payment

Fees will be stated in the relevant proposal, quotation, invoice, or service agreement.

Unless otherwise agreed:

If an invoice becomes overdue, Networkspan may suspend Services after giving reasonable notice.

Suspension does not automatically cancel outstanding payment obligations.

25. Client Delays

Networkspan is not responsible for delays caused by:

Where Client delays materially affect a project, Networkspan may revise the delivery schedule.

26. Cancellation And Termination

The cancellation and termination provisions applicable to an engagement will be set out in the relevant proposal, service agreement, or statement of work where applicable.

If no specific termination provisions have been agreed, either party may request termination by providing reasonable written notice.

On termination:

Any prepaid amounts will be dealt with according to the applicable agreement and, where relevant, applicable law.

27. Refunds

Unless otherwise agreed in writing, fees for Services already properly performed are not automatically refundable simply because the Client changes its mind, changes strategy, pauses a campaign, or does not achieve the commercial result expected.

This does not limit any rights or remedies that cannot lawfully be excluded or restricted.

Where the Consumer Guarantees Act applies, statutory rights and remedies continue to apply.

For business-to-business engagements, the parties may agree in writing to contract out of applicable provisions of the Consumer Guarantees Act where legally permitted and where the statutory requirements for doing so are satisfied. New Zealand guidance states that business contracting out must be in writing and fair and reasonable.

28. Consumer Guarantees Act

Nothing in these Terms is intended to exclude, restrict, or modify any statutory guarantee, right, or remedy that cannot lawfully be excluded, restricted, or modified.

Where the Consumer Guarantees Act 1993 applies to Services supplied by Networkspan, applicable statutory guarantees and remedies will apply.

Where the Client is acquiring Services in trade for business purposes, the parties may expressly agree in writing to contract out of applicable provisions of the Consumer Guarantees Act where permitted by law.

29. Fair Trading Act

Networkspan will not intentionally engage in conduct that is misleading or deceptive or make unsubstantiated representations in connection with its Services.

Marketing performance statements, case studies, examples, projections, testimonials, or other representations published by Networkspan should be understood in their stated context and should not be treated as a guarantee of future results unless expressly stated otherwise.

The Client is responsible for the accuracy and legal compliance of claims and information it supplies or approves for use in its marketing.

Nothing in these Terms limits rights or obligations under the Fair Trading Act that cannot legally be excluded.

30. Confidentiality

Each party may receive confidential information belonging to the other party.

Confidential information may include:

Each party agrees to take reasonable steps to protect confidential information and use it only for the purposes of the relevant business relationship.

This obligation does not apply to information that:

31. Security

Networkspan will take reasonable measures to protect information and systems used in providing the Services.

However, no online service, platform, website, communication system, or electronic storage environment can be guaranteed to be completely secure.

The Client is responsible for maintaining appropriate passwords, authentication methods, permissions, and security practices for accounts under its control.

32. Portfolio And Marketing Use

Unless otherwise agreed in writing, Networkspan may identify a Client as a client and display completed marketing work in its portfolio, website, presentations, proposals, case studies, or other promotional materials.

Networkspan will not knowingly disclose confidential information in doing so.

Where the Client requires work to remain confidential, the parties should agree appropriate confidentiality or portfolio restrictions in writing.

33. Third-Party Services And Outages

Networkspan may rely on third-party providers to deliver certain aspects of the Services.

We are not responsible for delays, interruptions, losses, or performance issues caused by events outside our reasonable control, including:

Where reasonably possible, Networkspan will work with the Client to identify an alternative solution.

34. Force Majeure

Neither party will be responsible for failure or delay in performing an obligation where that failure or delay is caused by circumstances beyond its reasonable control.

This may include natural disasters, severe weather, infrastructure failures, cyber incidents, widespread technology outages, government actions, pandemics, industrial disputes, or failures of essential third-party services.

The affected party must take reasonable steps to minimise the impact.

35. Limitation Of Liability

To the maximum extent permitted by law, Networkspan will not be liable for indirect, consequential, incidental, special, or unforeseeable losses arising from the Services, including loss of:

Networkspan's total aggregate liability arising from an engagement will, to the maximum extent permitted by law, be limited to the fees actually paid by the Client to Networkspan for the Services giving rise to the claim during the 12 months immediately preceding the event giving rise to the claim.

This limitation does not apply to liability that cannot legally be excluded or limited.

Nothing in these Terms is intended to exclude or limit liability for fraud, deliberate misconduct, or any other liability that cannot lawfully be excluded or limited.

36. Client Indemnity

To the maximum extent permitted by law, the Client agrees to indemnify Networkspan against reasonable losses, claims, liabilities, costs, and expenses arising from:

This indemnity does not apply to the extent that the relevant loss was caused by Networkspan's own breach, negligence, or unlawful conduct.

37. No Professional Advice

Our marketing recommendations are provided for marketing and business-development purposes.

Unless expressly agreed otherwise, Networkspan does not provide:

Where a campaign involves a regulated industry, the Client remains responsible for obtaining specialist advice where required.

38. Links To Third-Party Websites

Our Website or marketing materials may contain links to third-party websites.

These links are provided for convenience or informational purposes.

Networkspan does not control and is not responsible for third-party websites, their content, availability, security, privacy practices, or terms.

39. Changes To These Terms

We may update these Website Terms from time to time.

The latest version will be published on our Website with a revised "Last Updated" date.

Changes to the terms governing an existing paid engagement will not automatically alter the commercial terms of that engagement unless the parties agree otherwise or the change is required by law.

40. Suspension Of Services

Networkspan may suspend some or all Services where reasonably necessary because of:

Where reasonably practicable, Networkspan will notify the Client before suspension and provide an opportunity to resolve the issue.

41. Assignment

Neither party may transfer its rights or obligations under a specific agreement without the other party's consent, except where the transfer forms part of a legitimate corporate restructuring, merger, acquisition, or sale of substantially all relevant business assets and does not materially prejudice the other party.

42. Independent Contractor

Networkspan is an independent contractor.

Nothing in these Terms creates a partnership, joint venture, employment relationship, agency relationship, or fiduciary relationship between Networkspan and the Client unless expressly agreed in writing.

43. Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision will be modified or removed only to the extent necessary, and the remaining provisions will continue to apply.

44. No Waiver

A failure or delay by either party to enforce a provision of these Terms does not constitute a waiver of that provision or the right to enforce it later.

45. Entire Agreement

These Terms, together with any applicable proposal, quotation, statement of work, service agreement, order form, and other written terms expressly incorporated into the engagement, constitute the agreement between Networkspan and the Client concerning the relevant Services.

They replace previous discussions or understandings relating to the same subject matter to the extent permitted by law.

46. Governing Law

These Terms are governed by the laws of New Zealand.

The parties submit to the jurisdiction of the New Zealand courts, subject to any mandatory rights or dispute-resolution requirements that apply by law.

47. Dispute Resolution

If a dispute arises, the parties should first attempt to resolve it through good-faith discussion.

A party wishing to raise a formal dispute should provide written notice describing:

The parties will attempt to resolve the matter commercially before commencing formal proceedings where reasonably practicable.

Nothing in this section prevents either party from seeking urgent legal relief where necessary to protect its rights.

48. Contact

If you have a question about these Terms or our Services, please contact us.

Networkspan Nextgen Limited
1273 State Highway 10, Rd 3
Kerikeri, 0293
New Zealand

Email: Info@networkspannextgen.com

Website: networkspannextgen.com