Effective date: 20 September 2026
These Terms of Service apply to the use of the TradeEsi website and any services supplied by TradeEsi. By requesting, purchasing, accessing or using our services, you agree to these terms.
TradeEsi provides digital marketing, reputation management, website, customer relationship management, automation, lead generation, reporting and related business-support services primarily to New Zealand trade and service businesses.
These Terms should be read together with any proposal, order form, service agreement or other written agreement entered into between TradeEsi and the client.
The specific services, fees, deliverables, commencement dates and any minimum service period will be recorded in the relevant proposal, order form, service agreement or written confirmation accepted by the client.
If a specific service agreement conflicts with these general Terms, the specific service agreement will take precedence to the extent of that conflict.
TradeEsi may use reasonable methods, systems, technology and service providers to deliver the agreed services, provided these remain consistent with the applicable service agreement.
The client agrees to:
provide accurate, complete and timely information;
supply any content, images, branding, approvals, account access and other materials reasonably required to deliver the services;
ensure that supplied materials can lawfully be used;
review and approve work within reasonable timeframes;
comply with applicable laws, platform rules and industry requirements; and
remain responsible for business decisions, customer communications, pricing, claims and services provided to its own customers.
The client is also responsible for maintaining appropriate access to any accounts, domains, systems or third-party services required for TradeEsi to perform the agreed services.
Delays in providing information, access, feedback or approval may affect delivery dates and service performance.
Where a client provides TradeEsi with personal information relating to customers, prospects, employees or other individuals, the client confirms that it has lawful authority to collect, use and provide that information for the agreed purposes.
Where TradeEsi's services involve sending email, SMS, review requests, follow-up messages, reactivation communications or other electronic communications on behalf of a client, the client is responsible for ensuring that the intended communications are lawful and that any required consent or authority has been obtained.
The client must not instruct TradeEsi to send communications that are unlawful, misleading or contrary to applicable platform rules.
TradeEsi may refuse, pause or discontinue communications that we reasonably believe may breach applicable law or platform requirements.
Fees and payment dates will be stated in the applicable proposal, invoice or service agreement. Unless expressly stated otherwise, fees are in New Zealand dollars.
Invoices must be paid by their due date. TradeEsi may pause services after giving reasonable notice if an undisputed payment remains overdue.
Third-party charges, advertising expenditure, messaging charges, domain fees, software subscriptions and other external costs are not included unless expressly stated.
The client remains responsible for third-party charges that it has authorised or that are reasonably required under the agreed service.
Recurring services continue for the period stated in the applicable service agreement.
Cancellation requirements, notice periods and any minimum commitment will be those recorded in that agreement.
Cancelling a recurring service does not remove the obligation to pay fees already incurred or amounts due for work already completed or committed.
Where cancellation affects third-party services, domains, software, telephone numbers, accounts or other assets, transfer or continuation may be subject to the requirements and charges of the relevant third-party provider.
Some TradeEsi services rely on third-party providers such as website hosts, domain registrars, email providers, advertising networks, Google services, social media platforms, payment providers, telecommunications services and software platforms.
TradeEsi does not control these providers and is not responsible for outages, policy changes, suspensions, price changes, data loss or other events caused by them.
Where a third-party issue affects services managed by TradeEsi, we will take reasonable steps to assist with identifying or resolving the issue, but we cannot guarantee the availability, performance or continued functionality of third-party services.
The client remains responsible for complying with the terms and policies of any third-party accounts used for its business.
TradeEsi will provide its services with reasonable care and skill. However, marketing and business outcomes depend on many factors beyond our control.
We do not guarantee particular search rankings, review volumes, leads, enquiries, sales, revenue, customer behaviour, advertising performance or business growth unless a specific written guarantee has been expressly provided.
Reports, Growth Scores, projections, recommendations and other information supplied by TradeEsi are intended to support business decision-making. They are not financial, legal, accounting or professional trade advice.
Past results, examples or case studies do not guarantee future performance.
The client is responsible for confirming the accuracy and legality of claims, offers, prices, qualifications, licences, testimonials, service descriptions and other business information published on its behalf.
TradeEsi may rely on approvals supplied by the client.
TradeEsi may refuse to publish or distribute content that we reasonably believe is unlawful, misleading, harmful, discriminatory, infringing or contrary to a platform's rules.
Where TradeEsi prepares draft content using information supplied by the client, the client remains responsible for checking factual business-specific information before approving publication.
Each party retains ownership of intellectual property it owned before the engagement.
The client retains ownership of its original branding, content, photographs, business information and other materials supplied to TradeEsi.
Once all applicable fees have been paid, the client may use the final client-specific deliverables supplied under the relevant agreement for its business purposes, subject to any third-party licence restrictions.
TradeEsi retains ownership of its underlying systems, templates, methods, processes, workflows, software configurations, know-how, reusable components, internal documentation and TradeEsi branding.
Unless otherwise agreed in writing, providing a client with access to a TradeEsi system, workflow, template or configuration does not transfer ownership of TradeEsi's underlying intellectual property.
Each party will take reasonable steps to protect confidential information received from the other party and will use that information only for delivering, receiving or administering the agreed services.
This obligation does not apply to information that is public, independently developed, lawfully obtained from another source or required to be disclosed by law.
Confidentiality obligations that by their nature should continue after a service ends will survive termination of the service.
TradeEsi handles personal information in accordance with the New Zealand Privacy Act 2020 and our Privacy Policy.
The client must ensure it has the authority and any required notices or consents to provide personal information to TradeEsi or to use our services to communicate with its customers and prospects.
Where TradeEsi handles personal information on behalf of a client, TradeEsi will use that information for the agreed service purposes, as otherwise authorised or as required by law.
Our current Privacy Policy is available on the TradeEsi website.
Either party may terminate services in accordance with the applicable service agreement.
TradeEsi may suspend or terminate services after reasonable notice if the client materially breaches an agreement, fails to pay an undisputed amount, uses the services unlawfully, creates a security risk or engages in conduct that may damage TradeEsi, another person or a third-party platform.
Where reasonably possible, the client will be given an opportunity to remedy a breach before suspension or termination.
Termination does not affect rights, payment obligations or liabilities that arose before termination.
Provisions relating to intellectual property, confidentiality, privacy, payment obligations, liability and any other provisions intended by their nature to continue will survive termination.
Nothing in these Terms excludes or limits any right or remedy that cannot lawfully be excluded.
To the maximum extent permitted by law, TradeEsi will not be liable for indirect, consequential or special loss, loss of profit, loss of opportunity, loss of anticipated savings or loss caused by a third-party platform or service.
To the maximum extent permitted by law, TradeEsi's total liability arising from a particular service will be limited to the fees paid to TradeEsi for that service during the three months immediately preceding the event giving rise to the claim.
The client must take reasonable steps to reduce or avoid any loss.
Nothing in this section limits liability to the extent that such limitation is prohibited by law.
TradeEsi supplies services primarily for business purposes.
Where the client acquires services in trade, both TradeEsi and the client are in trade, the agreement is in writing, the parties agree to contract out of the Consumer Guarantees Act 1993, and it is fair and reasonable that they be bound by that provision, the parties agree that the Consumer Guarantees Act 1993 will not apply to those services.
Nothing in these Terms limits any rights or remedies that cannot lawfully be excluded.
Neither party will be responsible for delay or failure caused by events outside its reasonable control, including internet or telecommunications failures, cyber incidents, natural disasters, government action, labour disruption, supplier failure or widespread platform outages.
The affected party must take reasonable steps to reduce the effect of the event and resume performance when reasonably practicable.
This section does not excuse a client's obligation to pay amounts already due for services properly provided before the event.
TradeEsi may update these Terms when its services, systems or legal obligations change.
Updated Terms will be published on this page with a revised effective date.
Material changes affecting an existing paid service will be communicated where reasonably practicable and will not retrospectively alter agreed fees or commitments without the client's agreement.
If a dispute arises, both parties agree to first attempt to resolve it promptly and in good faith through direct discussion.
A party raising a dispute should provide reasonable details of the issue so the other party has an opportunity to respond.
If the dispute cannot be resolved through direct discussion, either party may propose mediation before commencing court proceedings, except where urgent relief or debt recovery is required.
Nothing in this section prevents either party from exercising a legal right that cannot lawfully be restricted.
Notices relating to an agreement may be sent to the email address or other contact details most recently provided by the relevant party.
Each party is responsible for keeping its contact information reasonably up to date.
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will continue to apply.
A failure or delay by either party to enforce a right does not waive that right.
These Terms, together with the applicable proposal, order form, service agreement and other documents expressly incorporated into the agreement, form the agreement between TradeEsi and the client regarding the relevant services.
Nothing in these Terms creates a partnership, employment relationship, joint venture or agency relationship between TradeEsi and the client.
These Terms are governed by the laws of New Zealand.
The courts of New Zealand have non-exclusive jurisdiction over disputes relating to these Terms or the services.
Questions about these Terms can be sent to:
TradeEsi
Auckland, New Zealand
Email: [email protected]
Website: tradeesi.com