Legal
Terms and Conditions
Last updated 28 October 2026
Who you are dealing with
The Caper Web Solutions Limited (NZBN 9429042325246), trading as The Caper. "We" and "us" means the company, and in practice means Kirsty. "You" means the person or business using this website or engaging us.
Using this website
What is on this site is general information about how we work. It is not advice about your business; that comes after a conversation. We try to keep it accurate and current, and we change it without notice. You are welcome to read it and share it. You may not copy it and pass it off as your own.
How engagements work
Every piece of work starts with a written proposal or an email that sets out what we will do, what it costs and when. That document is the agreement for that work, and where it differs from these terms, it wins. The 30-minute call is free and carries no obligation on either side.
Fees and payment
All prices are in New Zealand dollars and exclude GST unless stated. Invoices are due by the date shown on them. If an invoice is overdue we may pause work until it is paid. Website hosting and management is billed monthly; we do not tie you into annual terms. Where the platform your site runs on imposes an annual term of its own, we tell you before it applies.
Advisory retainers
AI Advisor for business owners has a three-month minimum, then runs month to month. Team AI Advisor has a six-month minimum, then runs month to month. After the minimum, either of us can end the retainer with one month's written notice; email is fine. A monthly session belongs to that month and does not roll over unless we have agreed otherwise in writing. [CONFIRM]
Discovery, training and workshops
Dates are agreed in writing. If you need to move a session, give us at least two working days' notice and we will rebook it at no charge. With less notice we may charge half the session fee, because the day was held for you. [CONFIRM] Travel beyond the area between Auckland and Warkworth is charged at cost, agreed with you in advance.
AI Visibility Report
The report costs $195 plus GST, payable before we start. We deliver it within three working days of receiving your details and payment, with a 15-minute call to go through it. The report is a snapshot of what AI assistants and search returned on the day we checked. Those answers change, so the report is a starting point, not a promise about what anyone will see later. Because it is made specifically for you and delivered digitally, there is no refund once it has been delivered, except where the Consumer Guarantees Act 1993 requires one.
Website hosting and management
If we host or look after your website, you own your domain name, your content and your site. We keep them running, backed up and secure. Either of us can end hosting with one month's written notice. Once outstanding invoices are paid, we hand over your site files, domain access and anything else that is yours. Some platforms charge an annual term that cannot be refunded early; we tell you before it applies.
Your responsibilities
Give us accurate information and the access we need, when we need it. Make sure anything you give us to use, such as text, images, data or customer lists, is yours to give or you have permission to use it. Decisions about your business are yours. We advise and build; you decide.
AI tools and their output
We use AI tools in our work, and we may set them up to run inside your business. AI output can be wrong. Everything we deliver is checked by a person before it reaches you, and anything an AI system does in your business, such as answering calls or sending follow-ups, runs on rules we agree with you. You remain responsible for how you use what we provide, and for checking anything that matters before you rely on it.
Intellectual property
What we had before we met you, including our methods, templates, prompt libraries, code and training material, stays ours, and you get a licence to use what we give you in your business for as long as you like. What we make specifically for you, such as your plan, your guidelines, your prompts and your website, is yours once the invoice for it is paid. Your business information stays yours. We may describe the work we did for you in general terms as an example of our work; we will not name you or share specifics without your permission. [CONFIRM]
Confidentiality
Each of us keeps the other's confidential information confidential, during the work and after it, except where the law requires disclosure or the information is already public.
Consumer guarantees and liability
If you are acquiring our services for business purposes, the Consumer Guarantees Act 1993 does not apply, and we both agree that is fair and reasonable. Nothing in these terms limits rights you have under the Fair Trading Act 1986 or any other law that cannot be excluded. To the extent the law allows, we are not liable for indirect or consequential loss, including lost profit, lost data or business interruption, and our total liability for any engagement is limited to the fees you paid us for the work the claim relates to.
Ending an engagement
Either of us can end an engagement by written notice as set out above or in the proposal. You pay for work done up to the end date, and we hand over what you have paid for.
Third-party services
This site links to and uses third-party services, including GoHighLevel, Google and Cloudflare. Their terms apply to your use of them, and we are not responsible for them.
Law and disputes
New Zealand law applies, and the New Zealand courts have jurisdiction. If there is a problem, tell us and we will try to fix it before anyone involves a lawyer.
Changes to these terms
We may update these terms. The date at the top is the version you are reading. The terms in force when your proposal was agreed apply to that work.
Contact
The contact form on this site, or the Call button on the contact page.
