Terms of Service

Introduction

These Terms of Service ("Terms") govern your use of the Leonard Harvey website at www.leonardharvey.com and your engagement of services provided by Leonard Harvey Limited ("Leonard Harvey", "we", "us", "our").

Please read these Terms carefully before using our website or engaging our services. By using our website or instructing us to commence work, you confirm that you have read, understood, and agree to be bound by these Terms.

If you do not agree to these Terms, please do not use our website or engage our services.

These Terms are governed by the laws of New Zealand and are subject to the jurisdiction of the New Zealand courts.

1. Acceptance of Terms

By accessing our website at www.leonardharvey.com, submitting an enquiry, or engaging Leonard Harvey to provide services, you agree to these Terms of Service.

These Terms apply to all visitors, clients, and others who access or use our website or services, including where services are provided on a white-label basis through a third-party agency.

We reserve the right to update these Terms at any time. Changes take effect from the date they are posted on this page. Continued use of our services following notification of changes constitutes acceptance of the revised Terms.

The most current version of these Terms will always be available at www.leonardharvey.com/terms.

2. Our Services

Leonard Harvey provides creative and digital services including, but not limited to:

• Website design and development
• AI video production
• Brand identity design
• Marketing strategy and assets
• UI/UX design
• Design subscription services
• White-label creative services for agencies

Service delivery

Services are delivered based on an agreed scope of work confirmed in writing (by email or proposal) before work commences.

The specific deliverables, timeline, revisions included, and pricing for each engagement are set out in our proposal or statement of work. Where these Terms conflict with a specific proposal or agreement, the proposal or agreement takes precedence for that engagement.

Design Subscription services

Design Subscription plans operate on a month-to-month basis. One active design request is worked on at a time (or the number specified in your plan), with additional requests queued. Unlimited revisions are included until you are satisfied with the deliverable.

Subscription plans may be paused with 7 days written notice. Cancellations take effect at the end of the current billing period.

White-label services

Where we deliver services on a white-label basis at the request of an agency client, we operate under a mutual non-disclosure agreement and do not make direct contact with the end client unless explicitly authorised to do so in writing.

3. Client Responsibilities

To enable us to deliver services effectively, you agree to:

Provide accurate information

Supply accurate, complete, and up-to-date information required to complete the work — including brand assets, content, credentials, and approvals — within agreed timeframes.

Timely review and feedback

Respond to requests for feedback, approval, and sign-off within a reasonable time. Delays caused by late client feedback may affect delivery timelines and are not the responsibility of Leonard Harvey.

Content ownership

Confirm that you own or have the right to use all content, images, logos, and other materials you provide to us for use in your project. You indemnify Leonard Harvey against any claims arising from materials you have provided.

Lawful use

Use our services and any deliverables only for lawful purposes and in accordance with applicable New Zealand and international laws.

Account and access security

Where we provide you with login credentials or access to platforms, systems, or accounts, you are responsible for maintaining the security and confidentiality of those credentials.

4. Payment Terms

Pricing

All prices are in New Zealand Dollars (NZD) and are exclusive of Goods and Services Tax (GST) unless stated otherwise. GST at the current rate (15%) will be added to all invoices for New Zealand-based clients.

Pricing for each project or service is confirmed in writing prior to commencement of work.

Payment schedule

Unless otherwise agreed in writing, our standard payment terms are:

• Project work: 50% deposit required before work commences; remaining 50% due on completion and prior to final file delivery
• Design Subscription: Billed monthly in advance via the payment method on file
• Retainer engagements: Billed monthly in advance on the agreed date

Payment due date

All invoices are due within 7 days of the invoice date unless a different term is agreed in writing.

Late payment

Invoices not paid within the agreed payment period may incur a late payment fee of 2% per month (or part thereof) on the outstanding balance, calculated from the due date until full payment is received.

Leonard Harvey reserves the right to pause or suspend work on active projects where invoices remain unpaid beyond 14 days of the due date.

Refunds

Deposits are non-refundable once work has commenced. Where a project is cancelled by the client after commencement, payment is due for all work completed to that point, calculated at our standard hourly rate where a fixed price has not been agreed.

Design Subscription fees are non-refundable for the current billing period upon cancellation.

5. Intellectual Property

Ownership of final deliverables

Upon receipt of full payment, Leonard Harvey assigns to you full ownership of the final deliverables produced for your project — including design files, website code, copy, and other assets created specifically for you.

Ownership during production

Until full payment is received, all work-in-progress, designs, code, and creative materials remain the intellectual property of Leonard Harvey.

Third-party assets

Deliverables may incorporate third-party assets including licensed fonts, stock photography, icon libraries, and open-source code frameworks. These assets are subject to their own licensing terms. We will notify you of any material third-party licensing obligations that affect how you may use the deliverables.

Portfolio rights

Leonard Harvey retains the perpetual right to display work completed for you in our portfolio, case studies, and marketing materials, unless you request otherwise in writing at the time of project commencement. We will not disclose confidential business information in portfolio materials without your consent.

Our tools and methods

We retain ownership of all pre-existing intellectual property, frameworks, tools, templates, and methodologies used in delivering your project. These are not included in the assignment of deliverable ownership above.

6. Confidentiality

Our obligations

Leonard Harvey treats all client information as confidential. We will not disclose your business information, project details, or any confidential materials you share with us to any third party without your written consent, except as required by law or to deliver your project (for example, sharing assets with a hosting provider).

Where a formal Non-Disclosure Agreement (NDA) is required — particularly for white-label engagements — we will sign your NDA or execute our standard mutual NDA before any confidential materials are shared.

Your obligations

You agree to keep confidential any proprietary information, pricing, processes, or methodologies of Leonard Harvey that are disclosed to you in the course of our engagement.

Duration

Confidentiality obligations survive the termination of these Terms and any project engagement indefinitely with respect to trade secrets, and for a period of 3 years for other confidential information.

7. Limitation of Liability

No warranty

Our website is provided "as is" without warranties of any kind, express or implied. We do not warrant that our website will be uninterrupted, error-free, or free of viruses or other harmful components.

Limitation of liability

To the maximum extent permitted by New Zealand law, Leonard Harvey's total liability to you for any claim arising from or related to our services is limited to the total fees paid by you to Leonard Harvey in the 3 months preceding the event giving rise to the claim.

Exclusion of consequential loss

Leonard Harvey is not liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our services or website — including loss of profits, loss of data, loss of business, or loss of goodwill — even if we have been advised of the possibility of such damages.

Consumer Guarantees Act

Nothing in these Terms limits any rights you may have under the Consumer Guarantees Act 1993 or Fair Trading Act 1986 where those Acts apply to your engagement with us.

8. Termination

Termination by you

You may terminate a project engagement at any time by providing written notice to hello@leonardharvey.com.

Upon termination:

• Payment is due for all work completed to the date of termination
• The deposit is non-refundable once work has commenced
• We will provide you with all completed work files upon receipt of final payment

Design Subscription plans may be cancelled with 7 days written notice, taking effect at the end of the current billing period.

Termination by Leonard Harvey

We reserve the right to suspend or terminate services where:

• Payment is overdue by more than 14 days
• You are in material breach of these Terms
• You engage in unlawful, abusive, or unethical conduct
• Continuing the engagement would require us to act unlawfully or unethically

Where we terminate for these reasons, payment remains due for all work completed.

Effect of termination

Upon termination, your right to use any work-in-progress or incomplete deliverables ceases until full payment is received. Completed and paid deliverables remain yours.

9. Website Use

Acceptable use

You may use our website for lawful purposes only. You must not:

• Use our website in any way that breaches applicable local, national, or international law
• Transmit unsolicited commercial communications
• Attempt to gain unauthorised access to our website, servers, or databases
• Introduce viruses, trojans, or other malicious code
• Copy, reproduce, or republish content from our website without written permission

Links to our website

You may link to our website homepage provided you do so in a way that is fair and legal and does not damage our reputation or suggest association or endorsement where none exists.

10. Governing Law

These Terms of Service are governed by and construed in accordance with the laws of New Zealand.

Any disputes arising from these Terms or your engagement of our services will be subject to the exclusive jurisdiction of the New Zealand courts, unless both parties agree to resolve the matter through mediation or arbitration.

We are committed to resolving disputes fairly and promptly. If you have a concern, please contact us directly at hello@leonardharvey.com before initiating formal proceedings.

Relevant New Zealand legislation that may apply to our services includes:

• Contract and Commercial Law Act 2017
• Consumer Guarantees Act 1993
• Fair Trading Act 1986
• Privacy Act 2020
• Copyright Act 1994

11. Changes to These Terms

We may update these Terms from time to time to reflect changes in our services, business practices, or legal requirements.

When we make material changes, we will update the "Last updated" date at the top of this page.

Continued use of our website or services after changes are posted constitutes acceptance of the revised Terms.

We encourage you to review these Terms periodically.

12. Contact Us

If you have any questions about these Terms of Service or wish to discuss any aspect of your engagement with us, please contact us:

Leonard Harvey Limited
Christchurch, New Zealand
Email: hello@leonardharvey.com
Website: www.leonardharvey.com

We aim to respond to all enquiries within 2 business days.