Welcome to Pop That Limited (“Pop That,” “we,” “us,” or “our”). We provide multidisciplinary and collaborative services to small businesses, startups, agencies, and enterprise departments. These Terms (“Terms”) govern our Services to you. We may revise these Terms from time to time and will notify you of any changes by updating the “Last updated” notice on our website.

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By engaging our Services, you accept and agree to:

• these Terms;
• our Privacy Policy.

If you do not agree with our Terms, please do not use our Services.

‍Last updated: March 11, 2026

Confidential Information:

Any information or content that is not publicly available or intended by the Client and Pop That to become publicly available, which could reasonably be expected to be kept private between the parties. Confidential information includes but is not limited to Client marketing strategies and budgets, unpublished creative Client content, Pop That materials such as documented internal processes and frameworks used in delivering Services, shared assets, or website-specific data.

Client:

The individual or entity that engages Pop That to provide Services.

Data:

‍Any information provided to Pop That by the Client, its employees, representatives, or end users (such as website visitors or customers of the Client).

Fee:

The cost of our Services, as determined by us and charged to you.

‍Intellectual Property:

Trade marks, copyrights, patents, designs, and all other proprietary rights owned by Pop That.

‍Invited User:

‍Any user authorised by the Client to access the Services under the Client’s account, at the Client’s sole risk.

‍Pop That:

Pop That Limited, a New Zealand registered company.

‍Privacy Policy:

Pop That’s privacy policy as displayed on our Website at https://www.popthat.nz/privacy-policy.

‍Retainer:

‍An up-front fee paid by the Client for the anticipated hours to be worked by Pop That staff in the following month.

‍Service Models:

Ad Hoc / Project-Based, Time & Materials, Retainer, and Recurring Services as further described in clause 4.1 of these Terms.

‍Services:

Any service Pop That provides to a Client including but not limited to video production, website development, digital advertising and marketing.

‍Service Agreement:

Where applicable, an individual agreement for Services entered into between the Client and Pop That. 

‍Service Uptime:

‍The availability of the digital services and tools we enable or provide access to such as websites, live dashboards, third-party tools or platforms via credentials or logins that we have provided.

‍Terms:

These Terms as amended by Pop That from time to time.

‍Website:

www.popthat.nz or any associated domains operated by Pop That as our primary website.

3.1 Licence & Access

Pop That agrees to provide the Services to the Client in accordance with these Terms.

Unless otherwise agreed, Pop That owns full copyright of the works created as part of the Services. The Client is not entitled to any property in any other content or materials created, provided or arranged by Pop That as part of the Services.

Pop That grants the Client a non-exclusive, non-transferable, limited licence to use the finalised works created by Pop That which are provided to the Client. The Client may not assign the licence without Pop That’s prior written agreement. Pop That may revoke its licence if there are outstanding monies owing by the Client.

Pop That retains the right to use the works at any time for the purposes of advertising, promotion, competitions, awards and general business activities. The Client acknowledges that it is responsible for the storage and backup of the works provided by Pop That.

Pop That is not required to hand over any RAW files to the Client and may withhold these files at will. Pop That will only hold RAW files for up to one year, unless otherwise agreed in writing. All Clients accept the reasonable risks of dealing with digital content and agree not to take legal action in the case of lost or damaged files.

To allow Pop That staff a practical level of autonomy over the Services being provided, Pop That retains the right to access any

3.2 Invited User

The Client determines who is an Invited User and the level of access they have within the Services. For example, the Client may invite another person to access the Client’s website, ad account, social media platform, Dropbox, or Google Drive which relates to the Services that Pop That is providing.

The Client is responsible for all actions of Invited Users, including any cases of misuse, loss, or security breaches, and may modify or revoke an Invited User’s access at any time.

4.1 Service Models

There are four main Service Models that we provide:

1. Ad Hoc / Project-Based
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   These are charged on a quote and accept basis.
   Examples of the projects included in this Service Model are:
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   • Video production
   • Website design
   • Digital campaigns
   • One-off marketing jobs
2. Time & Materials
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   Our Fee is based on the hours logged by Pop That staff and the materials that are used and/or we produce for the Client. Time & Materials projects are invoiced monthly in arrears.
3. Retainer
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   The Client shall pay a Retainer. The Retainer is invoiced monthly at the start of the month, due on the 20th that month. If the actual hours worked by Pop That staff exceed the Retainer (for example, a 10-hour Retainer and Pop That staff log 20 hours), the extra time is added as an adjustment on the following months’ invoice, unless otherwise agreed in writing with us.
4. Recurring Services (e.g. hosting, dashboards, social media tools)
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   • Monthly: Invoices are automatically issued on the 1st of each month and due by the 5th.
   • Annually: Invoices are issued annually on a date agreed in our Service Agreement.

4.2 Invoicing and Payments

• Payments are non-refundable, unless otherwise agreed in a Service Agreement
• Unless otherwise agreed in writing, payment of all invoices are due within 7 days from receipt.
• Invoices are in New Zealand Dollars, unless otherwise agreed in a Service Agreement.
• The payment terms of each invoice are subject to the relevant Service Agreement.

4.3 Late Payments

• Late payments incur daily interest at 15% per annum.
• If payment remains overdue for over 30 days from the date of invoice, Pop That may suspend or terminate your access to the Services.
• Pop That may recover any debt collection costs and related legal expenses incurred from the Client.
• This clause applies to all Service Models.
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4.4 Pricing

• Our pricing is reviewed annually and may be adjusted in line with the Consumer Price Index (CPI) or other relevant inflation measures. Any adjustments will be communicated to the Client as soon as reasonably practicable.
• Any preferential pricing or discounts can be revoked if invoices are overdue.

5.1 General Use

• You must use the Services only for lawful purposes.
• You must not attempt to hack, modify, or disrupt the Services.
• You must not transmit illegal, offensive, or infringing content via our Services.

5.2 Account Security

• If you have been provided with a login to access certain Services (for example, websites we have built for you or other digital tools), you are responsible for maintaining the confidentiality of your login details.
• You must notify us immediately of any unauthorised account access.

6.1 Ownership of Data

• You retain ownership of all Data you input into the Services.
• Pop That has a limited licence to use, store, and back up your Data for the provision of Services only and in accordance with our Privacy Policy.

6.2 Intellectual Property Rights

• Pop That owns all Intellectual Property in the Services, including but not limited to software, branding, and content.
• You must not copy, modify, distribute, or reverse-engineer any part of our Website and/or Services.
• Pop That licenses you to use its Intellectual Property in accordance with clause 3.1 above.

6.3 Third-Party Applications

• You acknowledge that third-party providers (such as Dropbox or Google Drive) may access your Data in accordance with their own privacy policy.
• To the extent permitted by law, Pop That does not accept any responsibility or liability for and in relation to any third-party applications or services.

7.1 Confidentiality

• The Client must advise Pop That whether any material or information provided to us is Confidential Information. Pop That will use reasonable endeavours to keep that material or information confidential except where disclosure is required to enable Pop That to deliver the Services.
• Both parties agree to keep all Confidential Information private and secure.
• Confidentiality obligations survive termination of a Service Agreement.

7.2 Privacy Policy

‍Your use of our Website and our Services is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By using our Website and/or engaging our Services, you consent to the collection and use of your information as outlined in our Privacy Policy.

8.1 Service Uptime

• Digital assets such as websites hosted on third-party platforms may experience occasional downtime due to maintenance, technical issues, or outages which are outside our control. Where possible, we aim to provide advance notice of any scheduled maintenance or disruptions known to us.

8.2 Technical Support

‍‍For support with technical issues, please see our online resources or email us at get@popthat.nz.

9.1 Termination by Client

• You may terminate a Service Agreement with us by providing at least 30 days’ written notice, or such other notice period as agreed in writing with us.
• Fees remain payable to us for any Services delivered during the notice period.
• If you are on a fixed-term contract or subscription, any outstanding minimum commitments must be paid in full.

9.2 Termination by Pop That

‍We may suspend or terminate access to our Services including suspending or terminating a Service Agreement if:

• You breach these Terms and do not fix the issue within 14 days of written notice by us.
• Payment of one or more invoices are overdue by 30+ days.
• Your business becomes insolvent, enters liquidation, or files for bankruptcy.

9.3 Data Backup and Migration

• Where possible, upon termination of our Services we will provide you with a backup of relevant Data from the last 30 days as collected or stored by us.
• If you require website migration or transfer of Data, we will set a fee for you that will depend on the complexity of the migration, as determined by us.

To the maximum extent permitted by law, in no event shall Pop That be liable and you agree to indemnify us and hold us harmless from any claim, loss, damage or expense (including, without limitation, any indirect, consequential or special damages, any downtime or disruptions caused by third-party services, any damages for loss of Data, revenue or profit, or due to business interruption and any legal fees) arising out of:

• Any access or use of our Website or our Services by you or an Invited User in a manner that is inconsistent with these Terms, our Privacy Policy or is otherwise inappropriate or illegal.
• Your failure to comply with these Terms or our Privacy Policy.
• The actions of any Invited User in respect of the Services.
• Any inability to access the Services.
• Any fault or error in respect of the Services that is outside our control.
• Any virus, malware or any other material that affects the Services other than as a result of our negligence.
• Any content provided by you that infringes third party rights.
• Any information provided by you that is inaccurate.
• Pop That recovering any outstanding money from you.
• Malfunction of any equipment or system, or a telecommunications link failure.
• Any other cause or event beyond our control.

To the maximum extent permitted by law, our total liability to you under any and all claims arising directly or indirectly from your use of the Website or the Services will not exceed the lower of $10,000.00 New Zealand Dollars or the fees you have paid to us in the last 12 months. 

The Client agrees that where the services provided by Pop That for business purposes, then the provisions of the Consumer Guarantees Act 1993 shall not apply.

These Terms are governed by and construed in accordance with the laws of New Zealand. The Client agrees to the exclusive jurisdiction of the New Zealand courts.

If a dispute arises between the parties, neither party may commence any Tribunal or Court proceedings in relation to the dispute unless the following clauses have been complied with (except where urgent interlocutory relief is sought):

• Notification: The party claiming that a dispute has arisen must give written notice to the other party specifying the nature of the dispute.

• Good Faith Discussions: On receipt of that notice by the other party, the parties must endeavour in good faith to resolve the dispute expeditiously using informal dispute resolution techniques such as mediation, expert evaluation, or determination, or similar techniques agreed upon by them.

Pop That is not responsible for any delay or failure to perform its obligations under these Terms if the delay or failure is caused by events outside our reasonable control. This includes, but is not limited to, natural disasters, acts of government, war, strikes, power outages, or failures of internet or telecommunications providers. If such an event occurs, we will let you know as soon as possible and do our best to resume Services as quickly as we can.

We will send notices to the email address you provided to us. 

If you have any questions or concerns about these Terms, please contact us at support@popthat.nz

Notices must be sent via email to get@popthat.nz (subject: "Official Notice").

In the event of any inconsistency between these Terms and our Service Agreement, the terms of the Service Agreement shall prevail.