Content Creation and Marketing Services Agreement

1. Agreement Overview

This agreement is between CUBWEB Limited (“we”, “us”, or “our”) and the client (“you” or “your”).

By engaging us to provide content creation, marketing, or related services (“Services”), you agree to these terms.

2. Scope of Services

We will provide content creation and/or marketing services as agreed in writing, which may include (but is not limited to):

  • video production
  • social media content
  • content strategy
  • editing and post-production

The specific deliverables, timelines, and pricing will be outlined in a proposal, quote, or service package (“Scope”).

Any services not expressly included in the Scope are excluded.

3. Revisions and Changes

Unless otherwise agreed in writing:

  • Each deliverable includes up to two (2) rounds of revisions
  • A revision is a reasonable modification of existing content, not a complete rework

Additional revisions or changes outside the agreed Scope may incur additional fees.

4. Client Responsibilities

You agree to:

  • provide all required materials, assets, and information in a timely manner
  • ensure all content provided is accurate and lawful
  • respond to requests for feedback or approval within a reasonable timeframe

We are not responsible for delays caused by your failure to meet these obligations.

5. Approvals and Deemed Acceptance

You must review and approve deliverables within five (5) working days of delivery (or such other timeframe agreed).

If no feedback is received within this period:

  • the deliverable will be deemed approved; and
  • the project will proceed or be considered complete.

6. Timelines

Any timelines provided are estimates only and depend on:

  • timely client feedback
  • availability of required materials

We are not liable for delays caused by factors outside our control.

7. Fees and Payment

One-Off Projects

  • Payment terms will be specified in the quote or invoice
  • We may require full or partial payment upfront

Retainer Services

  • Fees are billed monthly in advance
  • Services are provided on a rolling monthly basis unless otherwise agreed

All invoices must be paid by the due date. We may pause Services for overdue accounts.

8. Term and Termination

Retainer Services

Either party may terminate a retainer by providing thirty (30) days’ written notice.

Fees remain payable during the notice period.

One-Off Projects

Once a project has commenced, cancellation does not entitle you to a refund for work already performed.

General

We may suspend or terminate Services immediately if:

  • you fail to pay fees; or
  • you breach this agreement

9. Intellectual Property

Upon full payment of all fees:

  • you will own the final approved deliverables created specifically for you

However, we retain ownership of:

  • our pre-existing materials, processes, templates, and tools
  • any concepts or ideas not selected or used

You grant us a non-exclusive, royalty-free licence to use the deliverables for:

  • portfolio
  • marketing and promotional purposes

10. Content Performance Disclaimer

We do not guarantee any specific results from the Services, including (without limitation):

  • views, engagement, or reach
  • leads, sales, or revenue
  • audience growth

Content performance depends on many factors outside our control, including platform algorithms and market conditions.

11. Third-Party Platforms

You acknowledge that Services may involve third-party platforms (e.g. social media platforms).

We are not responsible for:

  • platform outages or changes
  • account suspensions or bans
  • algorithm changes or performance fluctuations

12. Data and Content Responsibility

You are responsible for:

  • maintaining copies of all content provided to us
  • ensuring you have rights to use all materials supplied

We are not liable for loss of content or data.

13. Limitation of Liability

To the maximum extent permitted by New Zealand law:

We are not liable for:

  • indirect or consequential loss
  • loss of profits, revenue, or business
  • content performance outcomes

Our total liability is limited to the fees paid by you for the Services in the three (3) months preceding the claim.

14. Indemnity

You agree to indemnify us against any claims arising from:

  • materials you provide
  • your use of the content
  • breach of this agreement

15. General

  • This agreement is governed by the laws of New Zealand
  • Any disputes will be subject to the jurisdiction of New Zealand courts
  • This agreement forms the entire understanding between the parties.