Standard Terms of Engagement

David Wiggin
(a digital marketing consultancy)

Updated September 2025

Scope of Services
Services may include but are not limited to: digital marketing strategy, paid advertising management, social media content, branding, creative production, email campaigns, website or funnel development, and related consulting.

Specific deliverables, pricing, and timelines will be confirmed in proposals, emails, or agreements issued to the client.

Engagement & Acceptance
By instructing us to begin work or otherwise engaging with our services, you agree to be bound by these Terms.

These Terms apply to all services unless varied in writing.

Fees & Payment
Unless otherwise agreed, fees will be charged based on a time and cost basis at our standard hourly rate.

Invoices are payable within seven days of issue unless specified otherwise. Late payments may incur interest at 2% per month plus recovery costs.

If we incur fees on your behalf (e.g. ad costs) we will include these in our invoice as a disbursement. For all paid advertising campaigns managed on behalf of the Client, we will charge a management fee equal to 15% of the total monthly advertising spend. Advertising spend will be billed directly to the Client by the relevant platform (e.g., Meta, Google) and is separate from the management fee.

Profit-Share / Performance-Based Engagements
Where a performance-based model applies the client is responsible for providing accurate information to verify revenue outcomes.

Client Responsibilities
The client must provide timely access to information, accounts, assets, and decision-makers necessary for delivery of services. 

The client is responsible for ensuring accuracy of any data, figures, or financials provided for marketing or reporting purposes.

Intellectual Property

All creative assets, strategies, and deliverables remain our property until full payment is received.

Upon full payment, ownership of final deliverables (excluding pre-existing tools, templates, or licensed assets) transfers to the client.

We reserve the right to showcase work in our portfolio and marketing materials.

Confidentiality
Both parties agree to keep confidential any commercially sensitive information shared during the engagement.

Termination
Either party may terminate an engagement with 30 days’ written notice. 

Fees for work completed up to the date of termination remain payable. 

In profit-share arrangements, obligations continue for the campaign period unless otherwise agreed.

Limitation of Liability
We are not liable for indirect, special, or consequential losses (including lost profits) arising from services provided.

Our total liability will not exceed the fees paid to us for the specific engagement.

Governing Law
These Terms are governed by the laws of New Zealand. Any disputes will be subject to the exclusive jurisdiction of the New Zealand courts.

Variations
We may update these Terms from time to time. 

Updated Terms will be published on our website and will apply from the date of publication.