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 & Conditions (“Terms”) govern your use of our Website (www.popthat.nz) and any services we provide (the “Services”). By using our Services, you agree to these Terms. If you do not agree, please do not use our Services.

We may update these Terms from time to time, with changes effective upon posting. Continued use of our Services constitutes acceptance of the revised Terms.

Last updated: February 4, 2025

"Pop That" – Pop That Limited, a New Zealand registered company.

"Agreement" – These Terms & Conditions.

"Customer" – The individual or entity that signs up for the Service.

"Data" – Any information inputted into the Service by the Customer, its employees, representatives, or end users (such as website visitors or customers of the Customer).

"Fee" – The monthly cost of using our Service, as listed on our Website or agreed separately.

"Intellectual Property" – Trademarks, copyrights, patents, designs, and proprietary rights owned by Pop That.

"Invited User" – Any authorised user accessing the Service under the Customer’s account.

"Website" – www.popthat.nz or any associated domains operated by Pop That.

Licence & Access

Pop That grants you a non-exclusive, non-transferable, limited right to access and use the Service, subject to this Agreement.

The Customer determines who is an Invited User and what level of access they have within the Service.

The Customer is responsible for all actions of Invited Users and may modify or revoke their access at any time.

In the event of a dispute regarding access, the Customer’s decision is final, unless otherwise required by law or a separate written agreement.

4.1 Invoicing & Payment Terms

• Invoices are issued monthly. Fees must be paid within 5 days of the invoice due date.
• Payments are non-refundable, unless otherwise stated.

4.2 Late Payments

• Late payments incur interest at 15% per annum, compounding monthly.
• If payment remains overdue for 30+ days, Pop That may suspend or terminate access to the Service.

4.3 Price Changes & Discounts

• 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 at least 30 days in advance.
• Preferential pricing or discounts may be offered but can be revoked if invoices are overdue.

4.4 Contingency for Campaign-Based Projects‍

For campaign-based projects (such as video production and digital advertising), we typically recommend a contingency on top of the total budget to account for potential changes or cost increases. This amount will only be invoiced if utilised, in accordance with a standard time and materials (T&M) arrangement.

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

• You are responsible for maintaining the confidentiality of your login details.
• You must notify us immediately of unauthorised account access.

6.1 Ownership of Data

• You retain ownership of all Data you input into the Service.
• Pop That has a limited licence to use, store, and back up your Data for service provision only.

6.2 Intellectual Property Rights

• Pop That owns all Intellectual Property in the Services, including software, branding, and content.
• You may not copy, modify, distribute, or reverse-engineer any part of our Services.

6.3 Third-Party Applications

• If you enable third-party apps, you acknowledge that these providers may access your Data.
• Pop That is not liable for any loss resulting from third-party integrations.

7.1 Confidentiality

• Both parties agree to keep all confidential information secure.
• Confidentiality obligations survive termination of this Agreement.

7.2 Privacy Policy

‍Our Privacy Policy governs how we collect, store, and process your personal data.

8.1 Service Uptime

• We aim for 24/7 service availability, but occasional maintenance or outages may occur.
• We will notify you in advance where possible.

8.2 Technical Support

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

9.1 Termination by Customer

• You may terminate this Agreement by providing 30 days’ written notice.
• Fees remain payable 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 if:

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

9.3 Data Backup & Migration

• Upon termination, we will provide a backup of your Data from the last 30 days, where possible.
• If you require website migration or data transfer, a fee starting from $2,500 + GST applies, depending on the complexity of the migration.

To the maximum extent permitted by law, Pop That is not liable for:

• Any indirect, consequential, or special damages.
• Any loss of profits, revenue, or Data.
• Any downtime or disruptions caused by third-party services.

Our total liability will not exceed the Fees paid by you in the last month.

These Terms are governed by New Zealand law.

Any disputes will be settled in the New Zealand courts.

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

We will send notices to the email you provided when signing up.