FORTH

Legal

Terms & Conditions

Binding subscription and client service terms

  • Effective 12 October 2026
  • Go Forth Limited, trading as FORTH
  • hello@goforth.nz
  • Version 1, 12 October 2026

These Terms & Conditions (the Service Terms) govern services supplied by Go Forth Limited, trading as FORTH, to the business identified in an order, checkout, proposal, or service confirmation.

By accepting an Order, completing checkout, making the first payment, or instructing FORTH to begin work, the Client agrees to these Service Terms and any Schedule identified in the Order.

1. Parties and authority

  1. 1.

    FORTH means Go Forth Limited, trading as FORTH.

  2. 2.

    Client means the business identified in the Order and includes any person acting with authority for that business.

  3. 3.

    The person accepting these Service Terms confirms that they are authorised to bind the Client.

  4. 4.

    FORTH provides business services. The Client confirms that it acquires the Services in trade and for business purposes.

  5. 5.

    To the extent permitted by section 43 of the Consumer Guarantees Act 1993, the parties agree that the Consumer Guarantees Act 1993 does not apply. The parties consider this fair and reasonable because the Services are acquired in trade, the commercial terms are disclosed before acceptance, and both parties can obtain independent advice. Nothing in these Service Terms excludes any right or remedy that cannot lawfully be excluded.

2. Agreement documents and priority

  1. 1.

    The agreement consists of:

    1. a.

      the Order;

    2. b.

      any service specific Schedule stated in the Order, including the Advertising and Data Schedule;

    3. c.

      these Service Terms;

    4. d.

      the Privacy and Cookie Policy where it applies to personal information handled by FORTH; and

    5. e.

      any written variation accepted by both parties.

  2. 2.

    If the documents conflict, the document appearing earlier in the list above prevails to the extent of the conflict.

  3. 3.

    Marketing material describes the general service but does not expand an accepted Order unless the Order expressly includes that feature.

3. Definitions

  1. 1.

    Background Materials means tools, software, code, components, templates, libraries, frameworks, systems, processes, methods, documentation, know how, and other material that existed before the Client engagement or that FORTH develops for general reuse.

  2. 2.

    Client Materials means content, branding, information, data, access details, images, video, trade marks, documents, instructions, and other material supplied by or for the Client.

  3. 3.

    Client Website means the final client specific website design and client specific content created under an Order, but excludes Background Materials, Third Party Services, hosting systems, licences, and proprietary tools.

  4. 4.

    Initial Term means 12 full calendar months, starting on the first day of the calendar month after the Subscription Start Date, or on the Subscription Start Date itself where that is the first day of a month. The part month before it is paid for at approval and is not one of the 12. Example: a subscription started on 20 October runs to 31 October of the following year.

  5. 5.

    Order means the packages, prices and first payment shown on the Approve & pay panel (or Add your card) when the Client pressed it, as FORTH's system recorded them, together with the invoice and receipt FORTH's payment processor issued, and any later package change the Client asked for.

  6. 6.

    Services means the services identified in the Order and may include website strategy, design, development, hosting, maintenance, content support, search services, lead generation, advertising management, analytics, email automation, brand support, and related digital services.

  7. 7.

    Subscription Start Date means the day the Client presses Approve & pay (or Start my subscription) and FORTH's payment system creates the subscription, whether or not anything is charged that day.

  8. 8.

    Third Party Services means products or services supplied by another provider, including domain registrars, payment processors, cloud hosting, content management systems, analytics, advertising platforms, email platforms, plugins, fonts, stock assets, and software licences.

4. Order and scope

  1. 1.

    FORTH will provide the Services described in the Order with reasonable care and skill.

  2. 2.

    The Order records the included pages, functionality, integrations, content assistance, ongoing support, and any exclusions.

  3. 3.

    A request that materially changes the agreed scope, complexity, timing, integrations, content volume, or functionality may require a separate quote or an updated subscription.

  4. 4.

    FORTH may recommend a practical alternative where a requested feature is not suitable for the selected package, creates material security or compliance risk, or depends on an unsupported Third Party Service.

  5. 5.

    Unless the Order expressly states otherwise, legal advice, accounting advice, regulatory certification, accessibility certification, penetration testing, custom software development, ecommerce operations, and management of the Client business are not included.

  6. 6.

    Ongoing changes. The Website package includes up to four change requests to the Client Website each month. More than that, or bigger work, is charged at the studio rate in section 7.9, quoted and agreed in writing before it starts.

5. Website production process

  1. 1.

    FORTH may use onboarding forms, interviews, existing websites, public business information, Client Materials, and approved digital tools to prepare the Client Website.

  2. 2.

    Delivery estimates depend on timely access, decisions, materials, and approvals from the Client. A delay by the Client extends the delivery estimate and does not pause subscription payments.

  3. 3.

    FORTH may use reasonable assumptions where the Client has not supplied necessary detail. The Client remains responsible for checking factual accuracy, pricing, service descriptions, legal claims, promotions, qualifications, and industry specific statements before publication.

  4. 4.

    FORTH may treat approval from an authorised Client contact as final approval.

  5. 5.

    Minor corrections within the agreed scope will be handled through the normal change request process. Material changes, new pages, new integrations, major content replacement, or redesign after approval may be separately quoted.

  6. 6.

    FORTH uses artificial intelligence services supplied by third parties (currently Anthropic's Claude and OpenAI's ChatGPT, both processed in the United States) to research, write, design, code, test and review the work it does for the Client. Client Materials, intake answers, the content of the Client's existing website, change requests and messages sent through the client portal may be sent to those services for that purpose. By supplying them, the Client authorises that use. FORTH remains responsible for checking what those tools produce before it is published, and for the professional review of work it supplies. The Client must not supply health information, financial account details, government identifiers, information about children or other highly sensitive personal information for use in the Services unless FORTH has agreed to the handling in writing.

  7. 7.

    On a rebuild of an existing website, FORTH carries the Client's existing content across as it is, and changes it only where the Client asks or where it would otherwise be unlawful or broken.

  8. 8.

    Text, images and code produced with artificial intelligence tools can contain errors, and FORTH checks the work before it is shown to the Client. The Client remains responsible for the accuracy of facts, prices, offers, claims, qualifications and regulated statements about its own business, and must tell FORTH about anything wrong at the preview. FORTH is responsible for the design, the build and the code working as described in the Order.

6. Client responsibilities

  1. 1.

    The Client must:

    1. a.

      provide accurate and complete instructions;

    2. b.

      provide required access and materials promptly;

    3. c.

      nominate an authorised decision maker;

    4. d.

      review work and provide consolidated feedback within a reasonable time;

    5. e.

      maintain secure access controls for its accounts;

    6. f.

      comply with laws, codes, platform policies, and industry requirements applying to its business;

    7. g.

      obtain all permissions, licences, notices, and consents needed for Client Materials and Client data; and

    8. h.

      tell FORTH promptly about errors, unlawful content, security concerns, or material changes affecting the Services.

  2. 2.

    The Client warrants that FORTH may lawfully use the Client Materials and instructions to provide the Services.

  3. 3.

    The Client is responsible for the products and services it supplies through the Client Website, including fulfilment, customer service, pricing, refunds, consumer obligations, professional advice, and regulated claims.

  4. 4.

    FORTH may pause affected work until missing access, instructions, approvals, or materials are supplied.

  5. 5.

    The client portal. FORTH gives the Client one page for its account, reached by an email link (and an optional password). The Client's contact decides who can sign in; FORTH may add or remove people at the Client's request. FORTH treats anything done by a person signed in to the Client's page as done by the Client, including approving a design, paying, asking for changes and cancelling. The Client must keep its list of people current and tell FORTH at once if a person should no longer have access.

7. Fees, taxes, and recurring payment authority

  1. 1.

    The Client must pay the Fees shown in the Order.

  2. 2.

    Fees are in New Zealand dollars unless the Order states otherwise.

  3. 3.

    Prices exclude GST. FORTH is not registered for GST, so none is charged today. Once FORTH registers, GST is added at the current rate, with 30 days' notice. If GST is lawfully chargeable and has not been included in a stated Fee, the Client must pay the GST in addition to that Fee.

  4. 4.

    By supplying a payment method, the Client authorises FORTH and its payment processor to charge recurring Fees on each billing date during the agreement.

  5. 5.

    Third Party Service fees, domain fees, advertising spend, media spend, premium licences, paid assets, and out of scope work are additional unless the Order expressly includes them.

  6. 6.

    Advertising spend is always separate from FORTH management Fees. The Client must pay the advertising platform directly wherever practicable. If FORTH agrees to pay a platform on the Client's behalf, FORTH may require cleared funds in advance.

  7. 7.

    The Client must maintain a valid payment method and current billing information.

  8. 8.

    Except where required by law or where FORTH materially breaches the agreement, Fees are not refundable merely because the Client does not use the Services, changes direction, delays the project, or requests early cancellation.

  9. 9.

    Extras. Work outside the Client's package and Order (section 4) is charged at FORTH's studio rate, currently $150 per hour exc GST in 15 minute units, or at a fixed price FORTH quotes. FORTH decides whether a request is outside the package, acting reasonably by reference to the package description and the Order, and will tell the Client in writing before starting. FORTH charges only after the Client has agreed to the quote or rate in writing (an email or a press in the client portal is enough). Extras are charged to the Client's payment method with the next monthly Fee, or by invoice due in 7 days.

  10. 10.

    Founding and other discounted prices. Where the Order shows a discounted price (for example a founding price), it is fixed for as long as the subscription runs without a break and the discounted package stays on the subscription. If the Client cancels and later returns, the then current published price applies. A discount on the Website does not change the price of add-on packages unless the Order says so. Section 27.3 does not apply to a price the Order has fixed, other than for a new or changed tax.

  11. 11.

    Adding and removing packages. A package added part way through a month is charged on the next invoice for the part month plus the month ahead; nothing is charged on the day. A package removed (subject to any minimum term in section 8A) ends on the last day of the current month and is not charged after that; a removal asked for during the day can be undone until the end of that day. Switching to Complete replaces the packages it includes from the next invoice; switching back is a new Order. Where a package change changes the total, FORTH's system shows the new monthly total before the change is made.

  12. 12.

    Disputed card charges. If the Client disputes a charge with its card issuer instead of contacting FORTH, FORTH may treat the subscription as unpaid from that charge (section 12 applies) and, where the dispute is decided in FORTH's favour, recover the amount together with the processor's dispute fee. The Client agrees to contact hello@goforth.nz first; FORTH refunds genuine charging errors within 5 business days.

8. Initial Term

  1. 1.

    The Client commits to the Initial Term.

  2. 2.

    The Initial Term begins as section 3 says, even if the Client Website is published later. The first payment covers the rest of the month in which the Client approves, charged on the day; from then on the full monthly Fee is charged on the 1st of each month.

  3. 3.

    The Initial Term reflects the commercial model under which FORTH provides website strategy, design, and build work without a separate upfront website build fee.

  4. 4.

    The Client must pay all 12 monthly Fees unless it has a lawful right to terminate for an unremedied material breach by FORTH under section 23, or FORTH ends the agreement under section 23A.

8A. Minimum terms for add-on packages

  1. 1.

    Search and Leads each have a minimum term of 3 full calendar months from the date the package is added. Where a package is added part way through a month, that part month is prorated onto the next invoice and is not one of the 3.

  2. 2.

    During its minimum term a package cannot be removed; a removal requested during it takes effect at the end of the third month. After that, the Client may ask FORTH to remove the package at any time and it ends at the end of the month paid for.

  3. 3.

    Email has no minimum term.

  4. 4.

    Complete includes Search and Leads, so switching to Complete starts their 3 month minimum from the switch; the Website part keeps its Initial Term.

  5. 5.

    Advertising spend is never part of a minimum term and stops when the campaigns are paused (Advertising and Data Schedule 3 and 15).

  6. 6.

    Section 23A applies to add-on packages too.

9. Cancellation during the Initial Term

  1. 1.

    The Client may give notice during the Initial Term. The subscription and Client Website remain active until the end of the Initial Term, monthly Fees continue on the usual dates, and the agreement ends at the end of the Initial Term.

  2. 2.

    Cancellation does not remove unpaid invoices, approved external costs, or other amounts already owing.

10. Continuation after the Initial Term

  1. 1.

    After the Initial Term the subscription continues month to month. The Client may cancel at any time from its page and the subscription ends at the end of the month paid for. FORTH may end it under section 23A.

  2. 2.

    FORTH may take the Client Website offline at any time after the effective termination date. Until FORTH does, it stays live at no charge. Offline means a holding page showing the Client's name and contact details; nothing is deleted on that day.

11. Included website refresh

  1. 1.

    A Client whose account remains active and fully paid for 24 consecutive months may be eligible for the website refresh described in its package.

  2. 2.

    Before refresh work begins, FORTH will confirm the proposed refresh scope, timing, subscription Fee, and any excluded work in writing.

  3. 3.

    The refresh will begin only after the Client expressly accepts, in writing, a new 12 month minimum commitment.

  4. 4.

    The new 12 month term starts on the refresh commencement date recorded by FORTH and the Client.

  5. 5.

    A refresh updates the existing website within the reasonable scope of the selected package. A full rebrand, complex new functionality, substantial ecommerce work, major data migration, or a material change in business model may require a separate quote.

  6. 6.

    If the Client does not accept a refresh, the existing subscription may continue monthly without the refresh.

12. Failed payments

  1. 1.

    If a payment fails, FORTH's payment processor retries it over the following two weeks, and FORTH emails the Client when it fails and every 7 days while it stays unpaid.

  2. 2.

    The Client Website stays live while the Client sorts the payment out. FORTH does not take a website offline automatically.

  3. 3.

    If the invoice is still unpaid 28 days after it was issued, FORTH pauses the work on the account: change requests wait, reports wait, and a build or a go-live waits. Paying the open invoice lifts the pause.

  4. 4.

    If the invoice is still unpaid 30 days after it was issued, FORTH may take the Client Website offline and show a holding page with the Client's name and contact details, and may pause connected Services such as campaigns. FORTH will put the website back online once the account is paid; there is no charge for that.

  5. 5.

    If the invoice is still unpaid 60 days after it was issued, FORTH may end the agreement by written notice. Nothing is deleted on that day; section 16 applies.

  6. 6.

    Pausing, taking a website offline or ending the agreement does not waive any amount owing. The Client's obligation for the rest of the Initial Term is as section 9 says.

  7. 7.

    FORTH may act sooner where continued operation creates a security, legal or material cost risk.

13. Domains

  1. 1.

    The Client should own and register its domain directly.

  2. 2.

    If FORTH registers or manages a domain for the Client, FORTH acts as the Client's authorised agent and will use the Client's legal name as registrant wherever the registrar process permits.

  3. 3.

    The Client remains responsible for domain registration, renewal, recovery, and transfer costs unless the Order states otherwise.

  4. 4.

    The Client must keep registrant details accurate and maintain access to the relevant registrar account.

  5. 5.

    FORTH may manage technical domain settings while providing the Services.

  6. 6.

    Domain access or transfer may be withheld until overdue amounts directly connected with the domain or Services are paid, to the extent permitted by law.

  7. 7.

    FORTH is not responsible for loss of a domain caused by inaccurate Client details, Client inaction, registrar action, expiry outside FORTH control, a dispute about entitlement, or the Client's failure to pay a required fee.

14. Hosting, tools, and Third Party Services

  1. 1.

    FORTH may select and change hosting, software, infrastructure, suppliers, and Third Party Services where reasonably necessary to provide or improve the Services.

  2. 2.

    FORTH will not make a change that materially removes an agreed core feature without giving reasonable notice or offering a practical alternative where available.

  3. 3.

    Third Party Services are subject to their own terms, privacy practices, technical limits, pricing, and availability.

  4. 4.

    FORTH does not control and cannot guarantee uninterrupted operation of Third Party Services.

  5. 5.

    A Third Party Service may change or discontinue a feature. FORTH may propose a replacement, workaround, or separately quoted migration.

  6. 6.

    Licences and subscriptions supplied through FORTH remain available only while the relevant subscription is active unless the Order states that a licence transfers to the Client.

15. Ownership

  1. 1.

    The Client retains ownership of Client Materials.

  2. 2.

    Once the Client has paid all amounts due for the Initial Term (or the agreement has ended under section 23A), FORTH assigns to the Client all its rights in the Client Website, meaning the client specific design and client specific content created for it, including content produced with the help of artificial intelligence tools. Until then the Client has a licence to use the Client Website for its business while the subscription runs.

  3. 3.

    FORTH retains all rights in Background Materials and may use, improve, licence, and reuse them for other work.

  4. 4.

    To the extent Background Materials are embedded in the Client Website, FORTH grants the Client a perpetual, nonexclusive, worldwide licence to use those embedded elements only as part of the exported Client Website. This licence does not include access to FORTH systems, source libraries, hosted tools, internal workflows, or separately licensed services.

  5. 5.

    Third party material remains subject to the relevant third party licence and may not be transferable.

  6. 6.

    The Client may use the final paid Client Website for its business. The Client must not extract, resell, copy, or repurpose FORTH Background Materials as a standalone product, template, platform, or service.

  7. 7.

    FORTH may identify the Client as a customer and display publicly available parts of the completed Client Website in its portfolio and marketing unless the Client asks in writing for confidentiality. FORTH will reasonably comply with such a request.

16. Handover and exit

  1. 1.

    FORTH may take the Client Website offline at any time after the effective termination date. Until FORTH does, it stays live at no charge. Offline means a holding page showing the Client's name and contact details; nothing is deleted on that day.

  2. 2.

    If the account is fully paid (or FORTH ended the agreement under section 23A), the Client may ask for the standard export: the Client Website's content files, images and other Client Materials, and a copy of each public page as HTML. It is provided without a handover Fee.

  3. 3.

    The export does not include:

    1. a.

      FORTH proprietary tools or systems;

    2. b.

      hosting infrastructure or deployment accounts owned by FORTH;

    3. c.

      FORTH's website chassis, build system, prompts, reusable components and the repository they live in;

    4. d.

      paid licences that cannot be transferred;

    5. e.

      Third Party Services or accounts not owned by the Client; or

    6. f.

      custom preparation, migration, deployment, training, or technical support.

  4. 4.

    Exported files are provided in their available form. They may not operate independently without replacement hosting, databases, forms, content management, automations, licences, integrations, or other services.

  5. 5.

    Custom file preparation, migration, deployment, rebuilding, technical support, or assistance to another provider is separately chargeable.

  6. 6.

    After the agreement ends FORTH keeps an archived copy of the Client Website's source and content for at least 90 days, so the Client can ask for the standard export. After that FORTH may keep it archived or delete it; it is not obliged to keep it, and may charge for retrieval after 90 days.

  7. 7.

    FORTH may retain invoices, agreements, communications, security records, and other information for legal, tax, insurance, dispute, and legitimate business record purposes.

  8. 8.

    Domain name records. Where the Client's domain points at FORTH's name servers, FORTH keeps those records live for 30 days after the effective termination date so the Client can move them, and will send the Client a copy of its records on request. The Client is responsible for pointing its domain elsewhere; email that runs through those records stops working if it does not.

17. Advertising, analytics, and lead services

  1. 1.

    Where FORTH provides advertising, analytics, conversion tracking, lead generation, or email automation, the Advertising and Data Schedule forms part of the agreement.

  2. 2.

    The Client authorises FORTH to configure approved tags, pixels, analytics, conversion tracking, call tracking, forms, audiences, feeds, and integrations needed for those Services.

  3. 3.

    Advertising spend and media spend are separate from FORTH Fees and the website subscription.

  4. 4.

    The Client remains responsible for the accuracy and lawfulness of advertisements, offers, destination pages, customer lists, lead data, and claims relating to its business.

  5. 5.

    FORTH does not guarantee advertising placement, ranking, impressions, clicks, leads, sales, revenue, or return on advertising spend.

18. Privacy and client data

  1. 1.

    Each party must comply with the Privacy Act 2020 and other privacy obligations applying to its handling of personal information.

  2. 2.

    The Client decides the purposes for which personal information is collected through the Client Website and is responsible for providing a suitable privacy notice, cookie information, consent controls where required, and a lawful basis for collection, use, marketing, tracking, and disclosure.

  3. 3.

    FORTH may provide drafting or implementation assistance, but this is not legal advice and does not transfer the Client's compliance responsibility.

  4. 4.

    When FORTH handles personal information on the Client's instructions, FORTH will:

    1. a.

      use it to provide, secure, support, and improve the agreed Services;

    2. b.

      apply reasonable technical and organisational safeguards;

    3. c.

      limit access to people and providers who reasonably need it;

    4. d.

      use service providers and overseas processing where reasonably necessary and subject to appropriate protections;

    5. e.

      notify the Client without undue delay after confirming a material privacy or security incident affecting Client personal information; and

    6. f.

      return or delete operational data at the end of the Services, subject to backups, legal retention, security records, and the 90 day archive period.

  5. 5.

    The Client warrants that it has authority to provide personal information to FORTH and that required notices have been or will be given to the people concerned, including where information is collected indirectly.

  6. 6.

    The Client must not provide health information, financial account credentials, government identifiers, information about children, or other highly sensitive information unless the Services expressly require it and FORTH has agreed in writing.

  7. 7.

    The Client must promptly tell FORTH about access that should be removed, suspected compromise, or any request from an individual that affects data handled through the Services.

19. Confidentiality

  1. 1.

    Each party must keep the other party's confidential information confidential and use it only for the agreement.

  2. 2.

    Confidential information does not include information that is public other than through a breach, already lawfully known without restriction, independently developed, or lawfully received from another source.

  3. 3.

    A party may disclose confidential information to its personnel, contractors, professional advisers, insurers, financiers, and service providers who need it and are subject to appropriate confidentiality duties.

  4. 4.

    A party may disclose information where required by law, a court, or a regulator, and should give prior notice where lawful and reasonably practicable.

  5. 5.

    These confidentiality obligations continue after the agreement ends.

20. Security and access

  1. 1.

    FORTH will use reasonable safeguards appropriate to the nature of the Services and information it handles.

  2. 2.

    No internet, hosting, email, software, or security system is completely free from risk. FORTH does not warrant that the Services will be immune from every intrusion, outage, error, or data loss event.

  3. 3.

    The Client must use strong unique passwords, multifactor authentication where available, and appropriate controls for staff and contractor access.

  4. 4.

    FORTH may immediately suspend access or functionality where reasonably necessary to contain a suspected compromise, protect another customer, comply with law, or prevent material harm.

  5. 5.

    Unless backup services are expressly included, the Client should retain its own copies of important Client Materials and business records.

21. Service standards and disclaimers

  1. 1.

    FORTH will perform the Services with reasonable care and skill.

  2. 2.

    Digital performance depends on factors outside FORTH control, including the Client's offer, market, pricing, reputation, competition, website traffic, platform decisions, search algorithms, customer demand, and Client responsiveness.

  3. 3.

    FORTH does not guarantee uninterrupted availability, a particular search position, advertising placement, lead quantity, conversion rate, revenue, profitability, or commercial outcome.

  4. 4.

    Website scanner results, forecasts, recommendations, and performance estimates are indicators based on available information and are not a complete audit or promise of future results.

  5. 5.

    The Client must obtain independent legal, tax, accounting, privacy, accessibility, and industry advice where required for its business.

  6. 6.

    FORTH hosts Client Websites on a worldwide hosting network and aims to keep them available at all times, but does not guarantee uptime. Where an outage is within FORTH's control, FORTH will fix it as soon as reasonably possible at no charge. Fees are not reduced for outages, except that where an outage within FORTH's control lasts more than 3 consecutive days, FORTH will credit the Website Fee for that month in proportion to the days lost.

22. Liability

  1. 1.

    Nothing in these Service Terms limits liability that cannot lawfully be limited or excluded.

  2. 2.

    Subject to paragraph 1, neither party is liable to the other for indirect, consequential, special, or punitive loss, or for loss of profit, revenue, opportunity, goodwill, anticipated savings, or data, except to the extent an amount is directly payable under an express payment or indemnity obligation in the agreement.

  3. 3.

    Subject to paragraph 1, FORTH's total liability arising from all events connected with the agreement is limited to the total Service Fees paid or payable to FORTH under the affected Order during the 12 months immediately before the event giving rise to the claim. Advertising spend, media spend, taxes, and amounts paid to Third Party Services are excluded from this calculation.

  4. 4.

    The liability limit applies in contract, tort including negligence, equity, statute, and otherwise.

  5. 5.

    The Client must take reasonable steps to reduce avoidable loss and must notify FORTH promptly after becoming aware of a potential claim.

23. Termination for breach

  1. 1.

    Either party may terminate the agreement by written notice if the other party materially breaches the agreement and does not remedy that breach within 10 business days after receiving a written notice that reasonably describes the breach and required remedy.

  2. 2.

    A party may terminate immediately where the other party:

    1. a.

      becomes insolvent, enters liquidation, or ceases business;

    2. b.

      engages in fraud or serious unlawful conduct connected with the Services;

    3. c.

      seriously compromises systems, data, or another person; or

    4. d.

      repeatedly commits material breaches that cannot reasonably be cured by another notice.

  3. 3.

    FORTH may remove or disable content or functionality that it reasonably believes is unlawful, deceptive, infringing, malicious, unsafe, or contrary to a platform policy.

  4. 4.

    If the Client validly terminates for FORTH's unremedied material breach, the Client is not liable for future Initial Term Fees after the termination date and may receive a fair refund of prepaid Fees relating solely to Services that will not be supplied.

  5. 5.

    Termination does not affect accrued rights, payment obligations, ownership provisions, confidentiality, privacy, liability provisions, dispute provisions, or clauses intended to continue.

23A. FORTH ending the agreement without fault

  1. 1.

    FORTH may end the agreement, or any single Service in it, at any time and for any reason by giving the Client at least 30 days' written notice, or at least 60 days' written notice while the Client is inside the Initial Term or a minimum term under section 8A. Reasons include, without limit, a provider FORTH depends on (such as the artificial intelligence service FORTH uses to build and maintain websites, a hosting provider or a payment processor) stopping, changing its terms or becoming unavailable so that FORTH can no longer reasonably provide the Services, or FORTH changing or closing the Service.

  2. 2.

    Where FORTH ends the agreement under this section:

    1. a.

      no remaining Initial Term Fees are payable by the Client;

    2. b.

      Fees stop at the effective termination date, and FORTH will refund any Fees already paid for a period after that date within 14 days, to the payment method used;

    3. c.

      the standard export in section 16 is available at no charge, whether or not the account is otherwise fully paid, together with reasonable help to move the Client's domain name records (section 13);

    4. d.

      the Client Website stays live until the effective termination date, unless a security, legal or provider event makes that impossible, in which case FORTH will say so in the notice and provide the export at once.

  3. 3.

    Where FORTH ends only one Service, the rest of the agreement continues and the monthly Fee reduces by that Service's price from the next billing date.

  4. 4.

    This section does not limit section 23 (termination for breach) or section 25 (force majeure).

24. Client indemnity

  1. 1.

    The Client indemnifies FORTH against third party claims, losses, and reasonable costs to the extent caused by:

    1. a.

      Client Materials infringing another person's rights;

    2. b.

      the Client's products, services, regulated claims, unlawful instructions, or business operations;

    3. c.

      personal information, customer lists, or marketing instructions supplied without required authority or notice; or

    4. d.

      a material breach of the Client warranties in these Service Terms.

  2. 2.

    The indemnity does not apply to the extent the loss was caused by FORTH's breach, negligence, unlawful conduct, or unauthorised modification.

  3. 3.

    FORTH must give the Client reasonable notice of an indemnified claim and allow reasonable participation in its defence. The Client must not settle a claim in a way that admits wrongdoing by FORTH or imposes an obligation on FORTH without FORTH's written consent.

25. Force majeure

  1. 1.

    Neither party is liable for delay or failure caused by an event beyond its reasonable control, including natural disaster, utility failure, internet failure, widespread platform outage, war, civil disturbance, epidemic, government action, or supplier failure that could not reasonably be avoided.

  2. 2.

    The affected party must notify the other party and take reasonable steps to resume performance.

  3. 3.

    Payment obligations for Services already supplied are not excused.

26. Complaints and disputes

  1. 1.

    A party raising a dispute must first give written notice describing the issue and desired outcome.

  2. 2.

    An authorised representative of each party must attempt in good faith to resolve the dispute within 10 business days.

  3. 3.

    If unresolved, either party may propose mediation in New Zealand before commencing court proceedings.

  4. 4.

    Nothing prevents urgent action for an injunction, debt recovery, data protection, intellectual property protection, or preservation of rights.

27. Changes to Services, Fees, and terms

  1. 1.

    FORTH may improve or make reasonable operational changes to the Services.

  2. 2.

    FORTH will not materially reduce an agreed core Service during an active Initial Term without the Client's agreement or a reasonable replacement.

  3. 3.

    FORTH may change its published prices at any time for new Orders. For an existing subscription, a price increase takes effect from the first billing date that falls at least 30 days after FORTH emails notice of it, and not during the current Initial Term unless the Client agrees or the increase results from a new or changed tax (including GST once FORTH is registered for it) or a separately identified Third Party Service charge. A Client who does not accept an increase after the Initial Term may cancel under section 10 before it takes effect.

  4. 4.

    FORTH may update these Service Terms for future Orders and month to month renewals by giving reasonable notice. A material change will not retrospectively alter accrued rights or the accepted Initial Term without agreement.

28. Notices

  1. 1.

    Notices may be sent by email: to the Client at the contact email on its account (the address its receipts go to), which the Client may change by telling FORTH; and to FORTH at hello@goforth.nz. FORTH's notices come from a goforth.nz address.

  2. 2.

    A breach notice must clearly state that it is a formal notice under the agreement. A cancellation may be given by the Cancel press on the Client's page or by email.

  3. 3.

    A notice is treated as received on the next business day after sending unless the sender receives a delivery failure message.

  4. 4.

    The Client must keep its contact details current.

29. General

  1. 1.

    FORTH may use employees, contractors, and service providers to perform the Services and remains responsible for its contractual obligations.

  2. 2.

    The Client may not assign the agreement without FORTH's written consent, which will not be unreasonably withheld. FORTH may assign the agreement as part of a genuine sale, restructure, or transfer of its business if the assignee agrees to perform the obligations.

  3. 3.

    A failure to enforce a right is not a waiver of that right.

  4. 4.

    If any provision is invalid or unenforceable, it will be modified to the minimum extent needed or removed, and the remaining provisions continue.

  5. 5.

    The agreement records the entire agreement about its subject matter and replaces prior discussions on that subject, except for fraud or an express written representation included in the Order.

  6. 6.

    The agreement may be accepted electronically and in counterparts.

  7. 7.

    New Zealand law governs the agreement and the New Zealand courts have nonexclusive jurisdiction.

30. Contact

Questions, notices, and cancellation requests may be sent to:

Go Forth Limited, trading as FORTH

Email: hello@goforth.nz

Website: https://goforth.nz