Terms Of Service

Please read these "Terms of Service" fully and carefully before using digitaldashboard.co.nz (the "Digital Dashboard") and DDB NZ and any of the services, features, Content (defined below) or applications made available by DDB NZ and its affiliates, (“DDB NZ”, "we", "us" or "our") in connection with the self-service version of Digital Dashboard website and social media design collaboration platform (the "Platform") or any other services or platform that links to these Terms of Service (collectively, the "Services").

These Terms of Service set forth the legally binding terms and conditions for your use of the Services.

By clicking on the “Accept,” "sign up" "upgrade your plan," or equivalent access, agreement or purchasing button,, you or the company or entity that you represent ("you," "your," "yours" or "customer") are consenting to be bound by and are becoming a party to these Terms of Service. You are also representing and warranting that the individual clicking on the button is authorized to enter into this agreement and bind such entity. Your continued use of any portion of the services shall also constitute assent to the terms of these Terms of Service. If you are using the services on behalf of a company or other entity, then all references to "you" or "your" herein shall refer to both the individual and the entity.

If you do not unconditionally agree to all of the terms of these Terms of Service, you will have no right to use the Services (and you should immediately cease all such use). If these terms are considered an offer, acceptance is expressly limited to these terms to the exclusion of all other terms.

  1. Acceptance of Terms of Service.

    1. By registering for and/or using any of the Services in any manner, including visiting or browsing your businesses Dashboard Website and Dashboard Admin, you agree to these Terms of Service, and all other operating rules, policies, and procedures that we may publish from time to time through the Services, each of which is incorporated by reference, and each of which may be updated from time to time without notice to you.

    2. Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.

    3. These Terms of Service apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.

  2. Registration

    To sign up for the Services, you must register for an account via DDB NZ, to set up and deploy the Digital Dashboard website and Admin platform via [email protected]

    Please note that if you are a User of an Account purchased by your employer or another entity, then these Terms of Service allow such person or entity to provision additional services, or to change or limit your access to the Services at any time. It is up to that person or entity to inform you of any particular rules, requirements or limitations regarding your use beyond those set forth in these Terms of Service. You agree to look solely to such person or entity regarding any dispute relating to such additional rules, requirements, or limitations.

  3. The Services

    1. Services

      Subject to these Terms of Service, DDB NZ will use commercially reasonable efforts to make the Services available to you.

    2. Content

      "Content" means information, data, text, fonts, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. As between the parties, all Content, except for Customer Data (as defined below), is owned by DDB NZ or its licensors. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. Subject to these Terms of Service, DDB NZ (i) grants to you a worldwide, non-exclusive, non-sublicensable, and non-transferable license to use (i.e. to download and display locally) Content solely for purposes of using the Services for your internal and public use.

    3. Restrictions on Use of the Services.

      You will not directly or indirectly:

      1. sell, license, sublicense, distribute, copy, rent, or lease the Services, or include the Services in a service bureau, time-share outsourcing offering, or otherwise make the Services available to, or use the Services for the benefit of, any third party, or transfer any of the rights that you receive hereunder;

      2. interfere with or disrupt the integrity or performance of the Services or any third-party data contained therein or attempt to gain unauthorized access to the Services or its related systems or networks;

      3. copy, modify, translate, or create derivative works based on the Services or any underlying software or any part, feature, function, or user interface thereof, including by framing (except as expressly allowed by Digital Dashboard) or mirroring any part of any Services or any Content;

      4. access or use the Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service;

      5. decompile, disassemble, decipher, or reverse engineer the Services, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services, (except to the extent such restriction is prohibited by applicable statutory law);

      6. remove any copyright notices, information, and restrictions contained in the Services or any Content;

      7. bypass, circumvent, or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services) or take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third-party providers’) infrastructure;

      8. use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Digital Dashboard Website or Services; or

      9. otherwise take any action in violation of our guidelines and policies, including these Terms of Service.

    4. Availability

      We are not and will not be responsible or liable for any failure in the Platform or Services resulting from or attributable to

      1. Customer Data or failures to deliver Customer Data;

      2. failures in any telecommunications, network or other service or equipment outside of DDB NZ’s facilities; or

      3. any force majeure or other cause beyond DDB NZ’s reasonable control. We do not guarantee that the Services or any Content will be available, or that any Content that is available is or will continue to be accurate. We reserve the right, but do not have any obligation, to remove, edit, modify, or block access to any Content in our sole discretion, at any time, without notice to you and for any reason (including upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service).

  4. Customer Data

    "Customer Data" means any and all electronic data, Content, and information uploaded or submitted to the Services by you or by a third party on your behalf. You retain all of your rights to your Customer Data.

  5. Third-Party Services

    The Services may permit you to link to other websites, services, or resources on the Internet, and other websites, services, or resources may contain links to the Services. Additionally, third-party vendors may provide advertising services on or related to the Services, such as by serving ads to users using cookies on the Digital Dashboard Website. When you access third-party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource. DDB NZ will also not be responsible or liable for any failure in the Services attributable to your or any third party’s products, services, negligence, willful misconduct, breach of these Terms of Service, or other unauthorized access or use.

  6. Payments and Billing

    1. Services

      Use of our Services is subject to payments now or in the future (the "Services"). Digital Dashboard services comprise customer designed websites, site development and ongoing hosting and maintenance costs. Digital Dashboard Admin access to social content, calendars, images, multi-media files and fonts for the purpose of creating social content to publish to social media channels. Support services, help and media placement for social media and Google SEO and Ad Words placement, Payment amounts ("Fees") and terms applicable to such Services. Please note that any payment terms presented to you in the process of using or signing up for a Service are deemed part of these Terms of Services. All amounts are stated in, and shall be paid in, NZ. dollars. We do not transmit invoices automatically, but you can access them in your account under the Billing – Invoice History tab under the My Dashboard area of the Digital Dashboard. If you have any questions, please contact our support department: [email protected]. We may revise the rates for Services at any time, or impose additional fees or charges. If you are a subscriber to Services, we will provide prior notice of any increase of fees, by a message to the contact person listed on your account, by posting on the Service or on our pricing page, or some other means as set forth in Section 15, below.

    2. Payment; Late Fees

      By signing up to receive our Services, you

      1. agree to pay us, in accordance with all applicable payment terms set forth on Digital Dashboard in the My Dashboard section and herein, the applicable Fees for such Services;

      2. authorize us, through the Payment Processor (defined below), to charge your chosen payment provider ("Payment Method") for the applicable Fees and

      3. agree to make payment using that selected Payment Method. Unpaid invoices are subject to process whereby an email warning will be submitted 7 days after the over due date, followed by email or other reasonable contact methods 14 days later. If an invoice is 28 days overdue, the associated business website and Digital Dashboard will be shut down.

    3. Taxes

      All Fees are exclusive of GST.

    4. Billing

      We use a third-party payment processor ("Stripe") to bill you through a payment account linked to your Account on the My Dashboard (your "Billing Account") for use of the Services. The processing of payments will be subject to the terms, conditions, and privacy policies of Stripe in addition to these Terms of Service. We are not responsible for error by the Stripe platform. We reserve the right to correct any errors or mistakes that the Stripe platform makes even if the Stripe has already requested or received payment. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method. If we, through the Stripe platform do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.

    5. Auto-Renewal

      Fees for certain Services are automatically charged on a recurring basis, and when signing up for a Service with a recurring payment obligation, you will be able to select a recurring billing level and renewal term that will apply to your receipt of such Services ("Subscription") (e.g. monthly or annual payment). Unless you cancel or change your Subscription in accordance with these Terms of Service, any Subscriptions you have signed up for will be automatically extended for successive renewal periods of the same duration as the Subscription originally selected, at the then-current non-promotional rate. By signing up for a Subscription, you agree that we may submit the charges associated with such Subscription for payment on the applicable schedule and you will be responsible for such charges. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Premium Service and/or Subscription. BY SIGNING UP FOR A SUBSCRIPTION YOU ACKNOWLEDGE AND AGREE THAT WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO THE BILLING SECTION OF THE SERVICE. PLEASE CONTACT US AT [email protected] IF YOU NEED ANY ASSISTANCE. This does not waive our right to seek payment directly from you.

    6. Current Information Required

      YOU MUST PROVIDE CURRENT, COMPLETE, AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR ACCOUNT CREDENTIALS OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE DIRECTLY BY YOU USING THE SERVICE. PLEASE CONTACT US AT [email protected] IF YOU NEED ANY ASSISTANCE. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PREMIUM SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PREMIUM SERVICES AS SET FORTH ABOVE.

    7. Cancelling or Changing Services

      To change or resign your Services at any time please contact us at [email protected] if you need any assistance. Any request for cancellation must be sent three (3) days prior to the end of the Subscription term to allow for adequate processing time. Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

    8. No Refunds

      Once initiated by you, payment obligations are non-cancelable. Except as expressly set forth in these Terms of Service, DDB NZ will not, under any circumstances, issue refunds or pro-rate any Fees for early cancellation or termination of the Services, or for any other reason, including for any unused Services or if your actual usage of the Services falls below the purchased amount applicable to your Subscription level for the Services. Subscription quantities cannot be decreased during the relevant Subscription term.

  7. Copyright Policy

    We have adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of the Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy.

    Procedure for Reporting Copyright Infringement:

    1. If you believe that material or content residing on or accessible through our websites, application, or services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:

      1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;

      2. Identification of works or materials being infringed;

      3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence;

      4. Contact information about the notifier including address, telephone number and, if available, email address;

      5. A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and

      6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

    2. Please contact the Designated Agent to Receive Notification of Claimed Infringement for DDB NZ at:

      DDB GROUP NZ
      Level 6, 80 Greys Ave
      Auckland
      New Zealand
      [email protected]

  8. Termination

    1. Termination by Either Party

      You have the option of cancelling your Account at any time by contacting us at [email protected]. We reserve the right to terminate your Account or access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. All provisions of these Terms of Service which by their nature should survive termination or expiration shall survive termination, including provisions regarding ownership, aggregate data use, payment (to the extent any payment obligations remain outstanding), warranty disclaimers, indemnity and limitations of liability.

    2. Customer Data After Termination

      Termination or cancellation of your Account by either party may result in the forfeiture and destruction of all information and data, including Customer Data, website data, content associated with your Account. Termination, cancellation or expiration of your Account. DDB NZ will retain all data, content and website code for a period of 60 days. This will be available to the customer as a Zip file. Fees Due Upon Termination. In the event of termination, you shall pay DDB NZ all Fees due for the entire subscription period.

  9. Warranty Disclaimer

    1. You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.

    2. THE SERVICES AND CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

  10. Indemnification

    You are solely responsible for your conduct and your data related to the Service. You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your Customer Data, violation of these Terms of Service, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

  11. Limitation of Liability

    IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (A) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING); (B) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION); OR (C) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (I) FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD OR (II) $500.00.

  12. Modification

    We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content), with or without notice. If we make material changes to these Terms of Service that negatively affect you, or materially reduce the Services, we will notify you by posting a notice or new version of these Terms of Service on the Site or Service, or by sending you notice through the Services, via email or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of material modifications, it is also your responsibility to check these Terms of Service periodically for changes. Your continued use of the Services following notification of any changes to these Terms of Service constitutes acceptance of those changes, which will apply to your continued use of the Services going forward. Your use of the Services is subject to the Terms of Service in effect at the time of such use.

  13. Miscellaneous

    1. Entire Agreement and Severability

      These Terms of Service are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of DDB NZ to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

    2. Force Majeure

      We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

    3. Assignment

      These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.

    4. Agency

      No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.

    5. Open Source

      The Service may contain or be distributed with open source software or other third-party software which may be covered by a different license. Notwithstanding anything to the contrary, the obligations of DDB NZ and the Digital Dashboard set forth in these Terms of Service do not extend to any open source software or such other third-party software which may be made available by the Digital Dashboard, or otherwise obtained or used by you. You agree that all open source software or such other third-party software shall be and shall remain subject to the terms and conditions under which it is provided, and you shall be responsible for compliance with such terms. To the fullest extent possible, DDB NZ disclaims all warranties and liability regarding such open source and third-party software in accordance with the terms of these Terms of Service.

    6. Headings; Interpretation

      The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation. Any use of "including" "for example" or "such as" in these Terms of Service shall be read as being followed by "without limitation" where appropriate.

    7. Any claim related to these Terms of Service, the Site(s) or the Service must be brought within one year

  14. Contact

    You may contact us at the following address:

    Digital Dashboard
    C/-DDB GROUP NZ
    Level 4, 119 Great North Rd, Grey Lynn Auckland 1021 New Zealand
    [email protected]