Hero Brands Terms of Service

1. Introduction

These Terms of Service apply to all products and services provided by Future Limited, trading as Hero Brands ("Hero Brands", "we", "us", or "our"), unless we expressly agree otherwise in writing.

These terms apply to all current and future services we provide to you, including services provided under a proposal, order form, invoice, statement of work, onboarding form, online acceptance, email confirmation, or any other written agreement between us.

If there is any conflict between these terms and a specific written proposal or statement of work accepted by you, the specific written proposal or statement of work will prevail to the extent of the inconsistency.

2. Services

We may provide one or more of the following services:

• video production and editing services
• content strategy and content planning
• social media content creation
• marketing infrastructure setup
• CRM setup and management
• GoHighLevel sub-account access
• funnel and landing page setup
• automation workflow setup
• email and SMS setup
• website design and related digital services
• consulting, strategy, and implementation services
• other related marketing, creative, or technology services agreed in writing

Some services are ongoing subscription services. Others are one-off project services.

3. Proposals, Scope, and Acceptance

A proposal, quote, order form, scope document, onboarding form, email approval, signed acceptance, online checkbox, or payment of an invoice may be treated as your acceptance of our services and these terms.

Once accepted, the relevant proposal or scope becomes the agreed scope of work at that time.

If your requirements change after acceptance, we may treat those changes as a variation and:

• revise pricing
• revise delivery dates
• revise scope
• issue a new quote or proposal

We are not required to perform work outside the agreed scope unless we agree to do so in writing.

4. Subscription Services

This clause applies to subscription-based services, including CRM access, GoHighLevel sub-account access, hosting-style services, software access, retainers, and other recurring monthly services.

Unless otherwise stated in writing:

• subscription fees are billed monthly in advance
• subscriptions operate on a 30-day rolling basis
• your billing period begins from the date login access, account access, or service access is issued by us, or from any other agreed start date confirmed in writing
• either party may cancel by giving 30 days' written notice
• fees already invoiced or paid are non-refundable except where required by law

We may suspend or restrict access to subscription services if payment is overdue.

Where your services rely on third-party software, infrastructure, phone carriers, email providers, domain providers, or related suppliers, you acknowledge that service availability may depend partly on those third parties.

5. GoHighLevel and CRM Access

Where we provide you with access to a GoHighLevel account, sub-account, CRM system, or related marketing software environment:

• access is provided under Hero Brands' service structure unless otherwise agreed in writing
• the monthly fee covers access only, unless additional setup, migration, support, or implementation work is expressly included in writing
• some features may require additional third-party charges, including but not limited to phone, SMS, email, AI, premium integrations, domains, or other usage-based costs
• you are responsible for any third-party usage charges associated with your account unless we expressly agree otherwise in writing
• we may suspend or remove access if your account is unpaid, misused, unlawful, abusive, or creates risk to us, the platform, or third parties
• if the service ends, data export, migration, rebuild work, or transfer assistance is not included unless separately agreed in writing

We do not guarantee any specific lead generation, conversion, revenue, or business outcome from the use of any CRM, automation, funnel, AI, or related system.

6. Project Services

For project-based work, including funnels, websites, automations, strategy builds, and content production projects:

• delivery dates are estimates unless expressly stated otherwise
• you must provide timely feedback, approvals, content, access, and information as reasonably required
• delays caused by you, your team, or third parties may delay delivery and may require timeline changes
• if the project scope changes, pricing and delivery may also change

Unless otherwise agreed in writing, we may pause work until required information, approvals, or materials are received.

7. Client Responsibilities

You agree to:

• provide accurate and timely information
• provide approvals, feedback, content, and decisions when reasonably requested
• keep your login details and passwords secure
• use our services lawfully and properly
• ensure that any material, data, images, videos, branding assets, copy, customer data, or other content you provide may lawfully be used by us for the purpose of delivering the services
• ensure your use of the services complies with applicable laws and regulations
• maintain your own backups of important data and content

You are responsible for the content you supply to us and for the way you use the services after delivery.

8. Third-Party Services

We may use, recommend, connect, or rely on third-party products or services, including software platforms, advertising tools, payment systems, domains, hosting, phone systems, AI tools, integrations, and related providers.

Those third-party products and services may be subject to separate terms, pricing, usage limits, outages, or technical restrictions.

To the maximum extent permitted by law:

• we are not responsible for third-party outages, failures, pricing changes, account restrictions, suspensions, or platform decisions
• we are not responsible for losses caused by third-party services outside our reasonable control
• you are responsible for reviewing and complying with applicable third-party terms where relevant

9. Fees and Payment

Unless otherwise agreed in writing:

• all fees are stated in New Zealand dollars and are exclusive of GST unless stated otherwise
• invoices are due within 7 days of invoice date
• recurring fees are payable in advance
• project fees may require deposit or upfront payment before work begins
• we may stop work or suspend access if invoices remain unpaid

If payment is overdue, we may do any of the following:

• suspend services or account access
• delay delivery
• withhold final files, handover items, or access credentials
• recover collection costs reasonably incurred
• charge default interest to the extent permitted by law
• terminate the service agreement

10. Intellectual Property

You retain ownership of the material, branding, and content you provide to us.

Subject to full payment of all amounts owing:

• you receive the rights to use the final deliverables expressly created for you under the relevant service
• we retain ownership of our pre-existing know-how, systems, templates, frameworks, processes, prompts, workflows, reusable assets, code libraries, internal tools, and methods used to provide the services
• unless expressly agreed otherwise in writing, we may reuse our general knowledge, skills, systems, structures, and non-confidential methods across other clients

Unless otherwise agreed in writing, source files, editable project files, raw footage, internal automation architecture, prompt libraries, and working files are not included.

11. Marketing Use

Unless otherwise agreed in writing, we may refer to you as a client of Hero Brands and may display or reference completed work for portfolio, case study, showreel, proposal, award, or marketing purposes.

If you require confidentiality or no-publicity treatment, this must be agreed in writing before publication.

12. Revisions and Approval

Where revisions are included in a proposal, quote, or scope, those revisions apply only to the number and type expressly stated.

A revision means a reasonable adjustment to existing agreed work. A revision does not include a full change of direction, new concepts, new filming session, major restructuring, or work outside scope.

If you approve work, request publication, fail to provide revision feedback within a reasonable time, or use the work publicly, we may treat the work as accepted.

13. Warranties and Service Standard

We will use reasonable care and skill in providing our services.

However, to the maximum extent permitted by law, except as expressly stated in these terms, all other warranties, guarantees, and representations are excluded.

We do not warrant that:

• services will be uninterrupted or error-free
• software platforms will be fully secure or bug-free
• content will achieve any particular level of performance
• websites, funnels, ads, automations, or CRM systems will generate any specific result
• deliverables will function perfectly across every device, browser, operating system, or third-party environment

14. Liability

To the maximum extent permitted by law:

• we are not liable for indirect, special, incidental, or consequential loss
• we are not liable for loss of profit, loss of revenue, loss of business opportunity, loss of data, or reputational loss
• we are not liable for third-party platform outages, account suspensions, API changes, algorithm changes, carrier failures, or supplier failures
• our total aggregate liability in connection with any claim relating to the services is limited to the amount paid by you to us for the specific services giving rise to the claim during the 3 months immediately before the event giving rise to the claim

Nothing in these terms excludes any rights that cannot lawfully be excluded under New Zealand law.

15. Consumer and Business Use

Where you are acquiring the services for business purposes, you agree that, to the maximum extent permitted by law, the Consumer Guarantees Act 1993 and sections 9, 12A, and 13 of the Fair Trading Act 1986 do not apply.

16. Suspension and Termination

We may suspend or terminate services immediately, or on notice, if:

• you fail to pay amounts due
• you materially breach these terms and do not remedy that breach within a reasonable time after notice
• you use the services for unlawful, abusive, misleading, fraudulent, or harmful purposes
• your conduct creates legal, commercial, technical, or reputational risk for us
• a required third-party platform or provider suspends or removes the relevant service

You may terminate recurring services by giving the notice period stated in your proposal or, if none is stated, 30 days' written notice.

Termination does not affect accrued rights, unpaid invoices, or clauses that are intended to survive termination.

17. Confidentiality

Each party must keep the other party's confidential information confidential and must not disclose it except:

• with consent
• as required by law
• as reasonably required to provide the services
• to professional advisers, staff, contractors, or suppliers who need to know and are subject to appropriate confidentiality obligations

18. Privacy and Data

Where we handle personal information in the course of providing services, we will do so in accordance with our Privacy Policy and applicable New Zealand privacy law.

You are responsible for ensuring that you have the lawful right to collect, use, upload, and instruct us to process any personal information you provide to us.

19. Changes to These Terms

We may update these terms from time to time.

The latest version will be published on our website. If we make a material change, we may notify active clients by email or through the relevant service platform.

Your continued use of our services after updated terms take effect will constitute acceptance of the updated terms, unless you notify us otherwise and cease using the services.

20. Disputes

If a dispute arises, both parties agree to first try to resolve it in good faith by discussion.

If the dispute is not resolved, either party may refer the matter to mediation or another appropriate dispute resolution process before starting court proceedings, except where urgent relief is required.

21. General

These terms, together with any accepted proposal, quote, order form, scope document, invoice, or written variation, form the entire agreement between the parties in relation to the relevant services.

If any provision of these terms is held to be invalid or unenforceable, the remaining provisions remain in full force.

We may subcontract parts of the services, but remain responsible for the services we agree to provide.

You may not assign your rights or obligations under these terms without our prior written consent.

These terms are governed by the laws of New Zealand, and the courts of New Zealand have jurisdiction.

22. Contact

Future Limited trading as Hero Brands
Website: herobrands.nz
Email: calvin@herobrands.nz