Terms of Service

Last Updated: August 28, 2024

1. Introduction

Welcome to Tiberius Digital. These Terms of Service ("Terms") govern your use of our website, services, and products. By accessing or using our services, you agree to be bound by these Terms.

Please read these Terms carefully before engaging our services. If you do not agree with any part of these Terms, you must not use our services.

2. Definitions

  • "Company" refers to Tiberius Digital.
  • "Client" refers to any individual or entity that purchases or uses our services.
  • "Services" refers to website design, development, digital marketing, SEO, and any other services offered by Tiberius Digital.
  • "Website" refers to any website developed by Tiberius Digital for a Client.
  • "Content" refers to text, images, graphics, logos, and other materials incorporated into the Website.

3. Ownership and Payment Terms

3.1 Ownership Until Full Payment: All websites, designs, and digital assets created by Tiberius Digital remain the exclusive property of Tiberius Digital until the Client has made full payment for the services rendered. This includes but is not limited to domain names, hosting accounts, website files, source code, and content created specifically for the Client's website.

3.2 Transfer of Ownership: Upon receipt of full payment, Tiberius Digital will transfer ownership rights of the website and associated assets to the Client, except for third-party elements that may be subject to their own licensing terms.

3.3 Payment Schedule: Clients agree to adhere to the payment schedule outlined in their service agreement. Failure to make payments according to the agreed-upon schedule may result in delays, suspension of services, or termination of the project.

4. Service Termination

4.1 Right to Terminate: Tiberius Digital reserves the right to terminate services, suspend website access, or remove website content if the Client fails to make payments as agreed upon in the service agreement.

4.2 Notice of Termination: Before terminating services due to non-payment, Tiberius Digital will provide written notice to the Client and allow a reasonable period (typically 14 days) for the Client to remedy the payment default.

4.3 Consequences of Termination: Upon termination of services due to non-payment:

  • The Client's website may be taken offline or replaced with a notice of suspension
  • Access to hosting services, domain management, and other digital assets may be revoked
  • Tiberius Digital retains the right to repurpose, sell, or otherwise dispose of any website designs, code, or content created for the Client
  • The Client remains liable for all outstanding payments for services rendered prior to termination

4.4 Reinstatement: Services may be reinstated at Tiberius Digital's discretion upon full payment of outstanding amounts, plus any applicable reinstatement fees.

5. Intellectual Property Rights

5.1 Client Content: The Client retains ownership of all content provided to Tiberius Digital for use in the website, including text, images, and other materials.

5.2 Tiberius Digital's Rights: Until full payment is received, Tiberius Digital retains all intellectual property rights to the website design, code, structure, and any custom elements created specifically for the Client.

5.3 Portfolio Rights: Tiberius Digital reserves the right to display and link to the Client's completed website as part of our portfolio and for promotional purposes, unless explicitly agreed otherwise in writing.

6. Limitation of Liability

6.1 Service Interruptions: Tiberius Digital is not liable for any damages or losses resulting from service interruptions, website downtime, or termination of services due to non-payment.

6.2 Business Losses: Tiberius Digital shall not be liable for any business losses, including but not limited to lost profits, lost revenue, business interruption, or loss of business opportunity that may result from the termination of services.

7. Dispute Resolution

7.1 Negotiation: In the event of any dispute arising from these Terms, the parties agree to first attempt to resolve the dispute through good-faith negotiation.

7.2 Mediation: If negotiation fails, the parties agree to seek resolution through mediation before pursuing legal action.

7.3 Governing Law: These Terms shall be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions.

8. Changes to Terms

Tiberius Digital reserves the right to modify these Terms at any time. Changes will be effective immediately upon posting to our website. Your continued use of our services after any changes indicates your acceptance of the modified Terms.

9. Contact Information

If you have any questions about these Terms, please contact us at:

support@tiberius.co.nz