The Hustle's Terms

General Terms

  1. Welcome to the Hustle Ltd! We’re a New Zealand incorporated company NZBN 9429046539670. These Terms & Conditions govern the agreement between you (you and your) and our company The Hustle (the Hustle, us, our) (jointly and separately, the Terms and Agreement).


  1. The services we provide you are any services we agree to provide through a proposal, quotation or written instruction from you. Any amounts in estimates are estimates only and we use our best judgment when making these estimates. If we specifically mention a “quote”, then we will agree to the quote. If it goes outside scope, then all work will be billed accordingly with our rates, speed of delivery and urgency. Any work, fees, or expenses to be incurred as required to provide you our services but not anticipated or foreseen at the time of our proposal or quote to you will constitute additional costs which we may pass on to you.
  2. The services include the provision of digital marketing, digital web design, hosting, or web applications.
  3. If we provide you with a proposal and quotation and you authorise us to provide any services specified, then you accept these Terms. These Terms are publicly available on our website.
  4. We may require you to work with us to provide our services. You agree that you will attempt in good faith and in a reasonable amount of time but no later than 10 days after we request such work to fulfil any such request. It is important to acknowledge that getting the best result for you requires your engagement in the provision of your services.
  5. We hold domains and other subscriptions on behalf of you and part of our service requires us to renew these from time to time on your behalf automatically. You will be invoiced each year for the renewal, and we will only stop this if you notify us at least 30 days before the date of renewal for your domain or within time for other subscriptions.
  6. Any services you wish to transfer from our care will require our work to facilitate. You agree to any charges associated with this work.


  1. We will provide you our hourly rates or fees at the time of any proposal or quote of services to the best of our ability, however if we do not then you agree that we can charge you a reasonable fee regarding any services provided based on a number of factors including:
    1. Time
    2. Expertise
    3. Urgency
    4. Results
  2. We may choose to issue you an invoice for 25% of the total costs of any proposed or quoted services and 25% upon meeting any milestone being the completion of any itemised services with the 50% being due upon completion of all services. If you pre-pay us or overpayment with us, this constitutes security, and you authorise us to debit or deduct any amounts due or reasonably foreseeable for any services required.
  3. You agree:
    1. All invoices must be paid within 14 days, or the date specified;
    2. Interest may apply at our discretion at a rate of 0.5% accruing daily on any unpaid amount due; and
    3. While your invoices may not reflect the interest, at our discretion, you acknowledge that interest is automatically applied prior to any termination of these Terms as a necessary condition precedent to these services. The interest on any unpaid sums due and prior to any termination crystallises according to this clause.
  4. GST (if any) is payable by you.
  5. We reserve the right to suspend our work should an unpaid amount become due. If an amount due remains unpaid after 45 days, then you agree we can act to recover the outstanding account and:
    1. All invoices must be paid within 14 days, or the date specified;
    2. refer the account to our collections and a default rate of 25% of the amount unpaid will be charged or $50, whichever is more; and
    3. that you are liable for any legal or enforcement costs on a solicitor-client basis.


  1. If you have authorised us to provide services, then you are not entitled to a refund. However, if you have a credit balance with us, you are entitled to cancel further services upon request and subject to our review that no services have been authorised and no fees for hosting or otherwise are due within the 30 days from the date of the request which we may take by deduction with any balance owing to you.
  2. Hosting requires a fixed fee is billed. If you have requested to be billed annually, no refund is given if you cancel within the 12-month period prior without explicit communication.


  1. By authorising our services, you warrant that you:
    1. you have the legal capacity to enter into this Agreement with us
    2. have read and accept these Terms
    3. will provide the correct contact information
    4. comply, and will continue to comply, with all the laws of New Zealand,
    5. accept our Privacy policy and any other policies published on our website (collectively the Policies); and
    6. agree to any changes in any terms of the Policies, whether you are aware of those changes or not, and that all transactions are subject to the latest Terms as they are published from time to time.
  2. You warrant that you indemnify us against liability for any loss, directly or indirectly or arising out of your connection to the services to the maximum extent permitted by law from civil claims, demands, or any punitive fines imposed by law, and hold us harmless for any claim that you or anyone else might bring in relation to your account or access of your account and use of the services. This includes any costs under clauses 8-12. The indemnity you provide to us does not apply to the extent of any claim for direct loss shown to be the direct result of our fraud, or our wilful default on obligations to you under our terms. You agree that if we are found liable in all cases, it is only to the extent of two times the fees directly charged to your account. You give this indemnity to us and our directors, officers, employees, agents, and third parties.


  1. If you are a consumer at law, then nothing in these Terms limit your rights. You acknowledge that these Terms apply to the extent possible in relation to your rights. However, if you are using the goods and services provided for a commercial purpose then you warrant that any arrangement of services or products provided by us is in-trade and a business transaction, and it is fair and reasonable to the extent permissible in law for us to contract out of:
    1. Sections 9, 12A, and 13 of the Fair Trading Act 1986 or its equivalent in law; and
    2. The Consumer Guarantees Act 1993 or its equivalent in law, pursuant to its section 43.
  2. If you enjoy income derived directly or indirectly from incorporation of our services to you, then you warrant specifically that you understand the implications of Clause 17 in your agency as a commercial trading entity and the effect of the interest rate at clause 10.
  3. You grant us a purchase money security interest in all digital products provided and a security interest over all of your present and after-acquired property, as security for any amounts unpaid.
  4. You grant us the right to register the purchase money security interest and security interest and at our request you agree to cooperate and promptly execute any further documentation that may be required from time to time to enable the above interests to attach, be perfected or otherwise be enforceable by us.
  5. You agree to waive your rights to receive a verification statement in respect of any financing statement registered on the Personal Property Securities Register in respect the above interest created by the Terms.

Termination & Cancellation

  1. You may terminate our services with 30 days’ notice. We may also terminate our services to you at any time. All services or product or expenses incurred on behalf of or by you either explicitly or without notice to the contrary remain payable by you until termination and you agree that this right survives any termination of these Terms.
  2. If you do not actively fulfil any requests, we make by you for information required to provide you the services or works outside the scope of our provision of services then you warrant that this constitutes a breach of this Term, essential to our Agreement and indemnify us for any further act we take to our absolute discretion in the cancellation of these Terms and our services to you.


  1. If we exercise or fail to exercise any right or remedy available to us, this shall not prejudice our rights in any exercise of any other right or remedy available. Any waiver of these Terms must be in writing and signed by one of our directors.

Cookies & your privacy

  1. We use cookies to make your user experience and the provision of our services as smooth and secure as possible. You agree that these cookies collect and store personal information as defined in the Privacy Act, 2020, and that all such information collected by us in whatever manner will only be used in accordance with our Policies.
  2. You authorise us to retain any records or information for a reasonable time and to the extent allowed by the Privacy Act, 2020 in connection with our provision of services and improving our business in its purpose of providing quality digital services and products.
  3. We make use of third-party applications, websites, services, and products (collectively Third-Party Content) in the delivery of the Services. The Services may contain links of Third-Party Content beyond our control. In relation to any Third-Party Content, you warrant that:
    1. We are not responsible or liable for:
      1. Any loss, act, error or omission in connection with or arising out of the Third-Party Content including any information you share or otherwise allow to be collected
      2. Any statements, representations, offers or other information relating to the Third-Party Content, and
      3. the accuracy, suitability or provision of the Third-Party Content.
    2. You acknowledge we hold no agency with, or legal obligation on behalf of, in relation to the Third-Party Content and its providers.
  4. You warrant that these Terms constitute the whole of the agreement between us, and any prior representations, statements, documents or information not contained within these Terms are rescinded or otherwise rendered without effect. If any of these Terms are inconsistent to any proposal or quotation, then to the extent permissible these terms prevail unless we agree otherwise in writing and signed by one of our directors.


  1. You agree that any adjudication of these terms is determined by the non-exclusive Courts of New Zealand and its laws. If you have breached these Terms, you agree that it is at our election whether these Terms are enforced in any other jurisdiction to the extent permissible by law in any such elected jurisdiction.


  1. Any dispute will in the first instance be referred to mediation for resolution and any costs associated with mediation will be entirely at your cost. In the event that resolution by mediation is not achieved to the satisfaction of both parties within 30 days of referral to mediation, either party may then take legal action to resolve the dispute. Nothing in this clause prevents us from taking legal action to enforce payment of any debt due, nor where required to seek interlocutory or injunctive relief.
  2. It is an essential term of these Terms that you will attempt mediation in good faith.