Parties & agreement
This agreement is between Malcolm Knott trading as Knott Digital, a sole trader based in Hamilton, New Zealand, and you (the subscriber).
By starting a subscription, you agree to these terms. If you're agreeing on behalf of a business, you confirm you're authorised to do so.
These terms sit alongside our Pricing page and Services page, which form part of this agreement. If they conflict, these terms win.
The service
We design, build, host, and maintain a website for your business for a monthly fee. The full inclusions for each plan are listed on our Pricing page and the features page for Services, which form part of this agreement.
We work Monday to Friday during New Zealand business hours. Update turnaround is best-effort on Starter and same or next business day on Standard. We don't commit to weekend response times.
Custom application development is provided under a separate written scope per project.
Fees & billing
- Fees are billed monthly in advance via Stripe, in New Zealand dollars
- All prices are exclusive of GST, which is added at the current New Zealand rate
- Failed payments are retried automatically; if a payment remains unresolved after 7 days the service is paused, and after 14 days the agreement may be terminated
- Fees may be reviewed annually, with at least 60 days' notice
Term & cancellation
Months 1–3 (build-protection window): if you cancel in the first three billing months, the site is taken offline. These months cover the build work performed without an upfront fee.
Month 4 onwards: you may:
- Continue subscribing (no action needed)
- Cancel (the site is taken offline, no fee)
- Pay a one-off transfer fee to take the site code and design with you (NZ$750 on Starter, NZ$1,500 on Standard). The subscription ends and the files transfer to you within 5 working days
Your domain name is registered in your name from day one and remains yours regardless of your choice.
Intellectual property
While you are subscribed, we grant you a non-exclusive licence to use the website we build for you. Underlying design and code remain our property during the subscription.
If you pay the transfer fee in section 04, full ownership of your site's code and design transfers to you on receipt of payment.
Our internal tooling, templates, components, methods, and shared libraries remain ours regardless of any transfer.
Third-party components (fonts, plugins, libraries) remain subject to their original licences.
Your content
You own everything you give us: text, images, logos, trademarks. You grant us permission to use it for the purpose of building and running your site. You confirm you have the right to use anything you supply.
You're responsible for what your site says. We'll flag anything that looks risky, but the final accuracy of your content is on you.
Liability
We'll do our best to keep your site running and handle issues promptly. To the extent permitted by New Zealand law, our total liability for any claim is capped at the lesser of (a) the fees you've paid us in the preceding twelve months, or (b) NZ$5,000.
We're not liable for indirect or consequential losses, including lost profits, lost revenue, lost data, business interruption, or losses caused by third-party services we depend on (hosting, payment processors, email providers).
This cap doesn't apply to liability arising from fraud, wilful misconduct, or breach of confidentiality on our part. It also doesn't limit any statutory guarantees under the Consumer Guarantees Act 1993 where they apply to you.
Changes to these terms
We may update these terms. Material changes are notified by email at least 30 days before they take effect. Continued use of the service after that date means you accept the revised terms.
This agreement is governed by the laws of New Zealand. Any dispute is to be resolved in the New Zealand courts.
Questions: [email protected].