1. Introduction

These Terms and Conditions (“Terms”) govern your access to and use of the ScaleSmart website, services, and related offerings.

By accessing this website or purchasing services from ScaleSmart, you agree to comply with and be bound by these Terms.

If you do not agree with these Terms, you must not use this website or our services.

2. About ScaleSmart

ScaleSmart provides marketing consulting, marketing audits, automation implementation, CRM setup, digital strategy, and related services designed to help businesses improve marketing performance, lead generation, and operational efficiency.

Services may include but are not limited to:

• Marketing audits

• Marketing performance analysis

• CRM and automation implementation

• Digital marketing strategy

• Funnel and conversion optimisation

• Consulting services

• Business growth advisory

Services may be delivered through reports, consultations, automation systems, software configurations, or other digital deliverables.

3. Eligibility

By using this website or our services you confirm that:

• You are at least 18 years of age

• You have the legal authority to enter into this agreement

• Any information you provide is accurate and truthful

4. Services Provided

ScaleSmart may offer both free and paid services.

Free Services

Free services may include:

• Free marketing audits

• Diagnostic reports

• Initial strategy insights

• Marketing analysis tools

Free services are provided for informational purposes only and may not include a complete analysis or implementation.

Paid Services

Paid services may include:

• Detailed marketing audits

• Marketing strategy reports

• CRM setup and automation implementation

• Consulting and advisory services

• Funnel or marketing system development

The exact scope of services will be defined at the time of purchase or within a service agreement.

5. No Guarantee of Specific Results

ScaleSmart provides professional analysis, insights, and implementation services designed to improve marketing outcomes.

However, we do not guarantee specific business outcomes including but not limited to:

• Revenue increases

• Profitability improvements

• Lead generation performance

• Conversion rates

• Advertising results

Results depend on many external factors including market conditions, industry competition, advertising budgets, and implementation by the client.

6. Client Responsibilities

Clients agree to:

• Provide accurate and truthful business information

• Grant access to required marketing platforms and systems when necessary

• Cooperate with onboarding and setup processes

• Respond to reasonable requests for approvals or information

ScaleSmart is not responsible for delays or reduced performance caused by lack of cooperation or incomplete information.

7. Payment Terms

All prices are listed in New Zealand Dollars (NZD) unless otherwise stated.

Payments may be processed through third-party payment providers including but not limited to Stripe or other payment processors.

Payment must be completed before services commence unless otherwise agreed in writing.

Failure to complete payment may result in suspension or cancellation of services.

8. Refund Policy

Due to the nature of consulting and digital services, payments are generally non-refundable once services have commenced, except as outlined in the 30-Day Results Guarantee below.

Nothing in these Terms limits your rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.

9. 30-Day Results Guarantee

ScaleSmart offers a 30-Day Results Guarantee on eligible services.

If you do not see measurable improvement in your marketing performance within 30 days of the commencement of services, ScaleSmart will refund your initial setup fee, subject to the conditions outlined below.

Eligibility Requirements

To qualify for the 30-Day Results Guarantee, the client must:

• Complete onboarding and provide required business information

• Grant access to relevant marketing platforms and systems

• Cooperate with reasonable requests necessary to implement services

• Allow ScaleSmart to deploy recommended marketing improvements

Failure to provide required access, cooperation, or information may void the guarantee.

Definition of Results

For the purposes of this guarantee, results may include but are not limited to:

• Improvements in marketing performance metrics

• Increased qualified leads or inquiries

• Improved funnel or conversion performance

• Implementation of marketing automation or optimisation systems

ScaleSmart will determine whether results have been achieved using reasonable business judgment based on available data and implementation progress.

Refund Scope

If the client meets the eligibility requirements and ScaleSmart determines that no measurable results have been achieved within the first 30 days, ScaleSmart will refund the initial setup fee only.

Ongoing service fees, software subscriptions, advertising spend, and third-party platform costs are not refundable.

Refund Requests

Refund requests must be submitted in writing within 7 days following the end of the 30-day period.

ScaleSmart will review the request and determine eligibility for a refund.

Exclusions

The 30-Day Results Guarantee does not apply where:

• Required system access is not provided

• Implementation is delayed due to client inactivity

• External third-party platform issues affect marketing performance

• The client modifies marketing systems outside of ScaleSmart recommendations during the guarantee period

10. Intellectual Property

All materials created by ScaleSmart remain the intellectual property of ScaleSmart unless otherwise agreed in writing.

This includes but is not limited to:

• Marketing audits

• Reports

• Templates

• Automation systems

• Marketing strategies

• CRM configurations

• Documentation

Clients are granted a limited license to use these materials for their internal business purposes only.

Materials may not be copied, resold, redistributed, or used to compete with ScaleSmart.

11. Website Use

Users of this website agree not to:

• Attempt to hack, disrupt, or damage the website

• Use automated scraping tools

• Upload malicious code or viruses

• Misrepresent their identity

• Use the website for unlawful purposes

ScaleSmart reserves the right to restrict access to users who violate these Terms.

12. Third-Party Platforms

ScaleSmart services may involve the use of third-party platforms including CRM systems, marketing tools, automation software, analytics platforms, or advertising platforms.

ScaleSmart is not responsible for the policies, performance, availability, or reliability of third-party services.

13. Marketing Communications

By submitting your information through our website or services, you consent to receive communications from ScaleSmart including:

• Email communications

• SMS messages

• Marketing updates

• Service notifications

You may unsubscribe from communications at any time by following the instructions included in our emails or messages.

14. Privacy

Your use of our services is also governed by our Privacy Policy.

ScaleSmart collects and processes personal information in accordance with the Privacy Act 2020 of New Zealand.

Please review our Privacy Policy for details on how your data is collected, used, and protected.

15. Confidentiality

Both parties agree to keep confidential any proprietary information shared during the provision of services unless disclosure is required by law.

16. Limitation of Liability

To the maximum extent permitted by law, ScaleSmart shall not be liable for any indirect, incidental, or consequential damages including:

• Loss of profits

• Loss of revenue

• Business interruption

• Loss of data

Where liability cannot be excluded under New Zealand law, ScaleSmart’s liability is limited to the amount paid for the relevant service.

17. Changes to Services

ScaleSmart reserves the right to modify services, pricing, or these Terms at any time.

Updated Terms will be posted on this website.

18. Termination

ScaleSmart may suspend or terminate services if:

• These Terms are violated

• Payment obligations are not met

• Fraudulent or abusive activity is detected

19. Governing Law

These Terms are governed by the laws of New Zealand.

Any disputes arising under these Terms shall be subject to the jurisdiction of the courts of New Zealand.

20. Contact Information

For questions regarding these Terms please contact:

ScaleSmart

Email: [email protected]

Website: https://www.scalesmart.co.nz Last updated september 2025