Legal
Terms & Conditions
Last updated: April 2026
FrankDevs (Frank Digital Limited, New Zealand) provides digital services including website design & development, SEO, AI chatbot solutions, website care plans, and managed hosting. By engaging our services you agree to be bound by these Terms & Conditions.
1. Services and Rates
Services and applicable rates are outlined in your Proposal. Parties may agree on different rates in writing.
2. Modification of Terms
These Terms are subject to change. Continued engagement following an update constitutes acceptance of the revised terms.
3. Engagement
Projects may be commissioned by signing a Proposal, written email confirmation, or payment of an upfront deposit.
4. Acceptance of Terms
These Terms constitute a legally binding agreement, incorporated by reference into all proposals, invoices, and agreements.
5. Proposals
Proposals remain valid for 30 days from issue. Scope changes after acceptance may require a revised Proposal.
6. Services Offered
FrankDevs services include:
- Website design & development (WordPress, Shopify, custom)
- Search Engine Optimisation (SEO)
- AI chatbot development and integration
- Website care plans and maintenance
- Managed hosting and domain services
- Digital strategy and consultation
7. Changes to Services
FrankDevs may modify or discontinue services with 30 days' written notice for material changes affecting ongoing engagements.
8. Hours of Service
Services are delivered Monday–Friday, 9:00 am–6:00 pm NZST/NZDT, excluding New Zealand public holidays.
9. Content Supplied by You
You warrant that materials you supply do not infringe third-party rights and indemnify FrankDevs against any resulting claims.
10. Variations and Additional Costs
Changes to agreed specifications are Variations. Work may pause pending written approval and a cost adjustment notice.
11. Third-Party Assets
Fees exclude third-party purchases (plugins, themes, stock images) unless specified. Licence ownership transfers upon full payment.
12. Your Approval
Approval items require written sign-off within 5 business days. Approval confirms the item requires no further amendments.
13. SEO Services
FrankDevs applies best-practice SEO strategies but cannot guarantee specific rankings. Search algorithms change constantly. SEO retainers auto-renew monthly with 30 days' written cancellation notice required.
14. AI Chatbot Services
AI chatbot solutions are built on third-party platforms (e.g. OpenAI). AI-generated responses may occasionally be inaccurate. You are responsible for reviewing chatbot behaviour in production. Ongoing API costs are your responsibility unless covered by a care plan.
15. Website Care Plans
Care plans cover routine maintenance tasks as described in your plan. Hours do not roll over. Plans auto-renew monthly with 30 days' written cancellation notice.
16. Hosting
Hosting services are governed by our separate Hosting Terms & Conditions.
17. Domain Name Services
Domain registration fees are non-refundable. You must not transfer a domain until all FrankDevs invoices are paid in full.
18. Warranty
A 20-business-day warranty period applies post-launch. Bugs reported within this period are fixed at no charge. Issues from client-installed plugins or third-party modifications are excluded.
19. Design
Design services include one concept and one round of revisions as per the Proposal. Additional rounds are Variations. Design ownership transfers upon full payment.
20. Development / Technology
Development is defined by agreed specifications. Ownership of custom deliverables transfers to you upon full payment.
21. Third-Party Software
We integrate third-party platforms but have limited control over their pricing or availability. Third-party subscription costs are your responsibility unless included in your Proposal.
22. Data Protection
Client data is handled per our Privacy Policy and the NZ Privacy Act 2020.
23. Archiving
Project files are retained for 12 months post-completion. Retrieval after this period may incur additional costs.
24. Disbursements
Fees exclude disbursements (plugins, stock imagery, domain registrations) unless included in the Proposal.
25. Limitation of Liability
Liability is limited to amounts paid in the 3 months preceding any claim. FrankDevs is not liable for indirect losses, loss of data, revenue, or business opportunities.
26. Indemnity
You indemnify FrankDevs against all claims arising from your breach of these Terms or your negligent acts.
27. Intellectual Property
All IP created during a project remains FrankDevs' property until full payment. FrankDevs retains the right to display completed work in its portfolio.
28. Confidentiality
Both parties agree to keep confidential any non-public information disclosed during the engagement.
29. Payment of Fees
Invoices are due within 14 days of issue. Late payments incur interest at 3% per month from the due date.
30. GST
Fees exclude GST unless expressly stated. GST will be added where applicable under New Zealand law.
31. Suspension of Services
Services are suspended if invoices remain unpaid 14 days past the due date. After 21 days accounts may be terminated and referred for debt recovery.
32. Termination
Either party may terminate with 14 days' written notice for unremedied material breach. All accrued fees remain payable upon termination.
33. Non-Solicitation
You agree not to directly or indirectly hire FrankDevs team members for 6 months following the end of our engagement without prior written consent.
34. Force Majeure
Neither party is liable for delays caused by events beyond reasonable control. Either party may terminate if a Force Majeure Event continues for more than 90 days.
35. Governing Law
These Terms are governed by the laws of New Zealand. Disputes are subject to the exclusive jurisdiction of New Zealand courts.
36. Contact
Questions? Contact us or email studio@frankdevs.com.
© 2026 Frank Digital Limited t/a FrankDevs. All rights reserved. Auckland, New Zealand.