Terms

Last updated: 14 July 2026.

About these terms.

These are the website terms. They apply to anyone visiting trailblazerpredictive.agency. When you sign a Trailblazer Predictive engagement letter, that document and its specific terms take precedence over anything on this page for the work it covers.

Statutory rights.

Nothing in these terms limits or excludes:

• The application of the Fair Trading Act 1986 to any conduct of Trailblazer Predictive Ltd
• The application of any statutory guarantee under the Consumer Guarantees Act 1993 (CGA) where the engagement is acquired for personal, domestic, or household use (i.e., where the client is a "consumer" within the meaning of the CGA)
• Liability that cannot lawfully be limited under New Zealand law

Contracting out of the CGA for business clients. Where you engage us for the purpose of a business (which we expect to be the case for all of our clients), you and Trailblazer Predictive agree that the CGA does not apply to the engagement, as permitted by section 43 of that Act. By signing an engagement letter or paying for the Revenue Leak Audit, you confirm that you are engaging us for business purposes and that you agree to contract out of the CGA on this basis.

The Revenue Leak Audit.

The audit is a fixed-price, fixed-scope service. $1,500 NZD, GST inclusive. Delivered within 14 calendar days of the kick-off call (which happens within 3 business days of payment).

Refund guarantee.

The Revenue Leak Audit includes a written diagnosis. If, on delivery of the diagnosis, fewer than three (3) leak areas are identified that we assess as recoverable above the estimated cost of fixing them (each, a "Worthwhile Leak"), you may request a full refund of the audit fee by emailing hello@trailblazerai.nz within seven (7) days of delivery. We will process the refund within ten (10) working days.

The assessment of whether each leak area is "recoverable above estimated cost of fixing" is documented in the written diagnosis with the underlying data we relied on. If you disagree with our assessment of a specific leak area, you may request reassessment by reply email; we will respond within five (5) working days.

Audit credit.

If the Client signs a retainer engagement letter with Trailblazer Predictive within thirty (30) days of audit delivery, the audit fee paid is credited in full against the first calendar month of retainer fees under that engagement letter. The credit is:

• applied once, against the first month only
• not transferable to a third party
• not stackable with other audit credits — a Client who has paid for multiple audits may credit only the most recently delivered audit
• refundable as cash only under the refund guarantee above, not by credit application

Retainer engagements.

Retainers run on monthly billing cycles, invoiced on the 1st of the month for that month. Payment terms: 7 days from invoice date. NZD, GST inclusive on all line items.

Termination for convenience.

Either party may end a retainer engagement by giving thirty (30) days' written notice to the other party. No cancellation fee applies to termination for convenience, save for any non-refundable implementation fee already paid (where the engagement letter provides for one) and any work performed up to the effective date of termination, which remains payable.

Termination for cause.

Either party may end the engagement immediately by written notice if the other party:

• commits a material breach of the engagement letter or these terms and fails to remedy that breach within fourteen (14) days of receiving written notice of the breach
• becomes insolvent, has a receiver, liquidator, or statutory manager appointed, or enters into a compromise with creditors
• in the case of the Client, fails to pay an undisputed invoice within fourteen (14) days of the due date and fails to remedy that non-payment within seven (7) days of receiving written notice

Effect of termination.

On termination for any reason, the Client pays all fees and expenses incurred up to the effective date of termination. Trailblazer Predictive delivers all engagement deliverables produced up to that date, removes access to client systems within seven (7) days, and returns or destroys client confidential information held in our systems on written request (subject to retention obligations).

Pause.

The Client may request a pause of up to three (3) consecutive months by written notice with at least fourteen (14) days' lead time. During a pause:

• The monthly retainer fee is suspended on a pro-rated basis for the calendar months fully within the pause period
• Ad spend obligations (where ad spend is billed through Trailblazer Predictive's agency accounts within the tier credit) are paused; existing committed ad spend continues to be invoiced until natural campaign end or campaign pause is operationally complete
• Trailblazer Predictive does not perform retainer work during the pause
• Access to Client systems is retained at the Client's discretion

End of pause. The engagement resumes on the date nominated in the pause notice, or earlier if the Client gives seven (7) days' written notice of early resumption.

Pauses beyond three months. A pause exceeding three (3) consecutive months is treated as termination for convenience by the Client, effective from the start date of the pause. Re-engagement may require a refreshed Revenue Leak Audit at Trailblazer Predictive's discretion.

Hosting & support plans.

Hosting and support plans (Site Care, Site Care Plus) are described at trailblazerpredictive.agency/pricing/hosting. These terms apply to every hosting plan unless an executed engagement letter says otherwise.

Billing and cancellation.

Monthly plans are invoiced in advance each month. Either party may cancel a monthly plan with thirty (30) days' written notice.

Annual plans are invoiced upfront at the annual rate (equivalent to ten monthly payments). Either party may cancel an annual plan with thirty (30) days' written notice. On cancellation, we refund the value of the full calendar months remaining after the effective cancellation date, with the months already used re-priced at the standard monthly rate.

Content update allowance.

Active and Total plans include a monthly allowance of content update time as described on the plan page. The allowance:

• covers changes to existing pages and content (text, images, prices, sections)
• does not cover new pages, redesigns, or new functionality, which are scoped and quoted separately
• resets each calendar month, does not roll over, and has no cash value

Work beyond the allowance is quoted before we do it. We do not bill surprise overage.

Uptime and incident response.

Websites are hosted on third-party edge infrastructure selected by Trailblazer Predictive. We monitor uptime continuously and respond to incidents within the response targets of the Client's plan. Response targets are measured in business hours (9am to 5pm Auckland time, on NZ business days) and are service targets, not guarantees; the force majeure section applies to platform-level outages.

What hosting plans exclude.

Hosting plans do not include email hosting or email handling of any kind. Inboxes, mail routing, and mailbox support remain with the Client's email provider. Domain registration remains in the Client's name and at the Client's cost. Third-party subscription costs (premium DNS, paid integrations, form or search services) are the Client's; we flag them before any are needed.

End of plan.

On cancellation of a hosting plan for any reason, Trailblazer Predictive provides a complete export of the website files and reasonable assistance transferring hosting and DNS to a provider of the Client's choice, within thirty (30) days of the effective cancellation date. We do not hold websites hostage.

Ad spend.

Trailblazer Predictive does not mark up Client ad spend. Each retainer tier includes a fixed monthly ad-spend credit through Trailblazer Predictive's agency Google and Meta accounts (Foundation $300/mo, Growth $500/mo, Scale $750/mo, Compound $1,000/mo). The credit covers initial campaign launch and removes the need to wait for Client billing setup before campaigns go live.

Once campaigns exceed the tier credit, ad accounts are transitioned to Client-owned billing. The Client pays Google, Meta, and any other ad networks directly using the Client's own payment methods. Trailblazer Predictive never touches the Client's payment methods, and there is no markup or commission on Client-owned ad spend.

Full ad spend terms are in the engagement letter (clauses 2.7a and 2.7b).

Intellectual property — Client materials.

All intellectual property rights in deliverables created by Trailblazer Predictive specifically for the Client under an engagement (including campaign creative, tracking configurations, automation flows, written deliverables, and reports) assign to the Client on payment of the invoice that includes those deliverables. Until that payment is received, Trailblazer Predictive retains all rights in those deliverables.

Trailblazer Predictive's underlying IP.

Our methodology, frameworks, code libraries, templates, and any pre-existing intellectual property used in delivering the engagement ("Underlying IP") remain ours. We may reuse Underlying IP on other engagements. We grant the Client a non-exclusive, royalty-free, perpetual licence to use Underlying IP solely to the extent it is embedded in or necessary to use the Client deliverables.

References and case studies.

Trailblazer Predictive may not publicly reference the Client by name, logo, or identifying description in case studies, testimonials, sales materials, or marketing without the Client's prior written consent for each specific use.

The Client may request at any time that Trailblazer Predictive stop using such reference in future materials; existing materials already distributed will be updated on a reasonable-efforts basis.

Trailblazer Predictive may use anonymised results data (e.g., "a NZ retail client at $X/mo revenue achieved Y% reduction in cost per acquisition") without consent, provided the description cannot reasonably identify the Client.

Confidentiality.

Each party will:

• treat the other party's confidential information as confidential
• use that information only to perform its obligations or exercise its rights under the engagement
• protect it with at least the same care it uses for its own confidential information of similar sensitivity

Confidential information means non-public information of either party including (without limitation) business plans, pricing, customer lists, technical and operational data, marketing strategy, and engagement-specific deliverables.

Exceptions. Confidentiality does not apply to information that:

• is or becomes public through no breach by the receiving party
• was already known to the receiving party at the time of disclosure
• is independently developed without use of the disclosing party's information
• is required to be disclosed by law (in which case the receiving party will notify the disclosing party first where lawfully able)

Duration. Confidentiality obligations survive for three (3) years after the end of the engagement. Obligations relating to trade secrets survive indefinitely.

Liability.

To the maximum extent permitted by New Zealand law, and subject to the Statutory rights section above:

• Trailblazer Predictive's aggregate liability for any claim or claims arising in any twelve-month period is capped at the total fees paid by the Client to Trailblazer Predictive in the twelve (12) months immediately preceding the date of the first claim, or NZ$50,000, whichever is greater
• Neither party is liable for indirect, consequential, special, or punitive losses, including loss of profit, loss of revenue, loss of goodwill, or loss of anticipated savings

Where the website terms and an executed engagement letter set different liability caps, the engagement letter prevails.

Trailblazer Predictive maintains professional indemnity insurance and public liability insurance at industry-standard levels.

Indemnification.

Client indemnifies Trailblazer Predictive against any third-party claim, loss, or expense (including reasonable legal costs) arising from:

• any content, claim, product description, or representation provided by the Client (or its representatives) that Trailblazer Predictive uses in advertising, landing pages, or marketing materials at the Client's direction
• any breach by the Client of advertising platform terms of service that occurs as a result of Client-supplied information or Client-directed campaign decisions
• any infringement of third-party intellectual property rights arising from Client-supplied assets (logos, images, trade marks, video, audio)

Trailblazer Predictive indemnifies the Client against any third-party claim, loss, or expense (including reasonable legal costs) arising from:

• any wilful breach by Trailblazer Predictive of confidentiality obligations under these terms or the engagement letter
• any infringement of third-party intellectual property rights in deliverables created by Trailblazer Predictive (excluding Client-supplied assets)

Mutual indemnity conditions. The indemnified party must notify the indemnifying party promptly of any claim, give the indemnifying party control of the defence, and cooperate reasonably. Neither party will settle a claim that admits liability on the part of the other without that party's written consent.

Force majeure.

Neither party is liable for failure or delay in performance caused by events outside its reasonable control, including (without limitation) acts of God, war, terrorism, civil unrest, natural disasters, epidemic or pandemic, prolonged power or telecommunications outages, internet service disruption, government action, or third-party platform outages (Google, Meta, etc.).

The affected party will notify the other party as soon as practicable and use reasonable efforts to mitigate. If a force majeure event continues for more than sixty (60) days, either party may end the engagement on written notice with no further liability except for fees and expenses incurred up to that date.

Severability.

If any part of these terms is held by a court or other competent authority to be invalid or unenforceable, the remaining parts continue in full force and effect. The parties will negotiate in good faith to replace the invalid or unenforceable provision with one that achieves, as nearly as possible, the original commercial intent.

Entire agreement.

These terms, together with any executed engagement letter and its schedules, constitute the entire agreement between the parties in relation to the subject matter. They supersede all prior negotiations, representations, and agreements. No variation is binding unless agreed in writing and signed by both parties.

Notices.

Any notice required under these terms must be in writing and sent:

• by email to the address most recently nominated by the recipient (for Trailblazer Predictive, that is hello@trailblazerai.nz unless otherwise notified), or
• by registered post to the registered office of the recipient

Notice is deemed received: on the next business day after sending for emails sent before 5pm NZ time on a business day, and three (3) business days after posting for registered post.

Subcontractors.

Trailblazer Predictive may engage subcontractors to perform parts of an engagement. We remain responsible for subcontractor performance and for ensuring subcontractors are bound to confidentiality and data-handling obligations no less strict than these terms.

GST.

Trailblazer Predictive Ltd is registered for GST. All amounts in these terms and in our pricing are inclusive of NZ GST at the prevailing rate (15%).

Jurisdiction.

These terms and any engagement letter are governed by New Zealand law. Disputes go to NZ courts. Before any court action, both parties agree to attempt resolution through good-faith conversation and, if needed, NZ mediation.

Contact for legal matters.

Email hello@trailblazerai.nz with the subject line "Legal" and we'll route to the right person.