Terms of Service

These terms cover services provided by Supernerd Limited (NZ Company Number 9442183, NZBN 9429053792136). Your order or agreement sets out the work, fees and start date. You accept these terms when you accept an order or agreement, or pay for a service that refers to them. Your order or agreement takes priority if it conflicts with these terms.

1. What we do

We offer three services. Your order sets out which ones you have.

• Search: Google Ads, your Google Business Profile, Apple Maps via Apple Business Connect, Bing Places and local listings, work on your search visibility, and tracking your visibility in AI answers.
• Social: Facebook and Instagram ads, including the images and videos for them, and management of your profiles.
• Cold email: finding decision makers at the businesses you want to work with and emailing them to start a conversation. For businesses that sell to other businesses.

Every plan also includes:

• A website we build, host and maintain, with content updates.
• Call tracking numbers, call recording and transcription.
• Our AI receptionist, which answers calls you miss and captures caller details. It does not make bookings or quote prices.
• A website chat widget that answers basic questions and captures details.
• The Supernerd dashboard.
• A one-time setup of your business listings on Google, Apple Maps, Bing Places and the ChatGPT business directory.
• A monthly report and a monthly review call you can book.

AI support answers basic questions and takes messages at any time; no human response time is promised. Review requests, automated replies, reminders and reactivation messages are planned and not currently included.

We apply recognized industry practices and track performance. Apart from the 30-day performance guarantee in clause 4, we do not guarantee rankings, AI mentions, traffic, leads, sales or revenue. Third-party platforms and customer decisions affect results. Any express guarantee in your accepted order remains effective. This does not limit our duty of reasonable care and skill or rights the law protects.

2. What you’re responsible for

• Give us the account access, content and decisions we need to set up and run the services.
• Keep your business details, offers and approved content accurate and lawful.
• Respond to leads and confirm your own prices and availability.
• Pay on time and use the services only for lawful purposes.

Tracking numbers are provided by us for the plan and are released when it ends. If you want to keep a number, ask before the end date and we will tell you whether a transfer is possible and what it costs. We record and transcribe calls to tracking numbers on your behalf. Recording laws depend on where every participant is, and you and we must provide required notices and obtain any required consent, including all-party consent where it applies, before recording or transcription starts. New Zealand generally permits recording by a party to a call, but businesses still have privacy notice duties. If lawful consent cannot be obtained, recording and transcription must stay off and you should offer an unrecorded way to get in touch. For customer lists you upload, you must have lawful authority for the intended use and give any notices the law requires when information is collected from another source.

Cold email. Where your order includes cold email, we send from sending domains and mailboxes set up for your business, identify your business as the sender, include a working way to opt out, and honor opt-outs. You approve who we contact and what we say, and you must not ask us to contact anyone the law does not allow us to email. Anti-spam laws, including the US CAN-SPAM Act and Canada’s Anti-Spam Legislation, apply to both of us.

3. Fees and payment

Each service has a monthly fee. Your order or agreement sets out your fees and any setup fee. We waive the setup fee when you agree to a six-month term. We bill monthly in advance, with the first month due on acceptance. All prices are in US dollars. Fees exclude GST unless your order says otherwise. You pay ad spend directly to Google or Meta, separately from our fees, unless your order says otherwise. If payment fails or is overdue, we may pause services until you pay. We may recover reasonable collection costs. Non-payment may also lead to termination under clause 4.

The free 30-day install. At no charge, we install call tracking, lead tracking and the Supernerd dashboard for 30 days, counted from the day tracking goes live. You pay nothing for it. We accept five businesses a month, at our discretion and only where there is a good fit. We may decline an application. At day 30, we review the results with you. Continuing requires you to accept the monthly plan. Nothing is charged automatically. If you do not continue, we switch off tracking. Exports follow clause 5.

4. Term, cancellation and the guarantee

Your services run month to month unless your order sets a longer term. For month-to-month services, either of us can end them with 30 days' written notice. You must pay fees due through the end date. Prepaid fees are non-refundable unless the guarantee below applies or the law requires a refund. Either of us may end the agreement if the other does not fix a serious breach within 14 days of written notice. This includes non-payment. Either of us may also end it if the other becomes insolvent.

The 30-day performance guarantee. The guarantee covers paid ads (Google and Meta) and cold email. SEO and organic search are not covered. Before you pay, your order sets the target, what counts toward it, the start date and the conditions for your guarantee. Unless your order says otherwise, the target is genuine inquiries for paid ads, counted from the day your ads go live, and booked meetings for cold email, counted from the day the first emails go out. If we miss the agreed target by day 30, we refund all of our fees, including any setup fee. Ad spend paid to Google or Meta is not refunded. You may end your services at the same time, with no notice period and nothing further to pay. If you take the refund, your domain, accounts and data stay yours, but the website we built does not transfer to you unless you pay the setup fee. Clients who signed under our earlier 90-day promise keep those terms.

When the plan ends, we hand over your domain and accounts and remove our access. Our hosting, tracking and access to the Supernerd dashboard end. You can request the data export described in clause 5.

5. What’s yours and what’s ours

Your accounts are yours. You own your Google Business Profile, Apple Maps, Bing Places and other listings, and your ad accounts. Your Google Analytics and Search Console accounts also remain yours. Accounts we create for your business belong to you. We use the access you give us to manage them.

Your domain and website content are yours. We hand over any domain or account access we hold when the plan ends. You can use your content with another provider. When you leave, the website we built transfers to you or your new provider, once any amount still due under your order is paid, with one packaged export or assisted transfer at no charge. If you take the guarantee refund, clause 4 applies instead. Our underlying software and templates remain ours.

Ads and videos we make are yours. You may use the ads, images and videos we make for you. Stock or licensed material inside them follows its own license.

Your data is yours. You own all data collected about your business and its customers. You allow us to process it to provide the services. When the plan ends, request an export before, or within 14 days after, the plan or free install ends. We provide the requested call recordings, transcripts, chat records, contacts and lead history within 14 days of the request. This request window does not limit your statutory privacy rights. Ownership does not remove anyone's privacy rights.

Our software and systems are ours. Supernerd owns its software, templates, systems and know-how, including the Supernerd dashboard. We license their use to you during the plan, or for the 30-day install where included. That license ends when the service ends. You keep your domain, accounts, content and data, and the website transfers as set out above. A transferred website includes permission to keep using any of our software or templates built into it.

We may describe our work and results in case studies and other marketing, including your business name and logo. We will keep information confidential if you ask us to. We will use general or anonymous figures for sensitive results. Tell us in writing if you do not want your business named. We do not publish identifiable customer records or recordings without lawful authority and any required consent.

6. Confidentiality

Each of us must keep the other's private business information confidential and use it only to provide or receive the services. Clause 5 explains what we may use in marketing. We may share information with service providers where needed to do the work, or where the law requires it. We process your customers' information on your documented instructions for the agreed services, use appropriate security and confidentiality controls, help with privacy requests, and notify you promptly of any breach affecting your data.

7. AI

We use AI to produce work and to run the receptionist and chat widget. The receptionist and chat widget identify themselves as AI. Live conversations are not individually approved before they happen. AI can misunderstand, leave out details or give an incorrect answer. The receptionist captures details; it does not make bookings or quote prices. You must confirm prices and availability yourself, and check content before publishing it under your name. Written work we deliver, such as website content and reports, is checked by a person before it reaches you. Live receptionist and chat conversations are not. We are not responsible for what callers say or for your failure to follow up, subject to clause 8.

8. Liability

We provide services with reasonable care and skill. As far as the law allows, we give no other warranties. Neither of us is liable to the other for indirect loss or lost profit, revenue or goodwill. Our total liability for a claim is capped at the fees you paid us in the three months before the claim arose. This cap does not reduce a refund owed under the guarantee in clause 4. For services bought for business purposes, we agree to exclude the Consumer Guarantees Act 1993 where it is lawful, fair and reasonable to do so. We also agree to exclude sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 only where the legal requirements for contracting out are met. Nothing in these terms removes rights or liability that the law does not allow us to exclude.

9. General

You cover reasonable costs of third-party claims caused by your content, breach of these terms or unlawful use of the services. This does not apply to the extent we caused the loss. We work as an independent contractor. Neither of us is responsible for delays beyond our reasonable control. You need our consent to transfer this agreement. We may transfer it to a related company or a buyer of our business. These terms and your order or agreement form our agreement. We will give you written notice before changes to these terms take effect. The notice will state the changes and effective date and allow you to cancel with 30 days' written notice before they apply, with no early exit charge, whether you are month to month or on a longer term. New Zealand law applies, subject to any mandatory protections that apply to you in Australia, the United States or elsewhere, including rights to use local courts or regulators. We will first try to resolve disputes by discussion, then mediation in Wellington, before going to the New Zealand courts. Urgent relief and mandatory local remedies remain available.

Questions about these terms? Ask us through the chat on our contact page.