Terms & Conditions

These Terms & Conditions apply to all work undertaken by Kalculate Ltd (“Kalculate”, “we”, “us”) for the client (“you”).

By accepting a proposal, estimate, invoice, or making payment, you agree to these Terms & Conditions.

All proposals, pricing, and timelines are provided in good faith based on information supplied at the time.

2. Project Scope & Estimates

All proposals and estimates are valid for 30 days unless otherwise stated.

Pricing is based on the agreed functionality and scope. Any changes to questions, calculations, integrations, workflows, branding, reports, emails, or functionality may incur additional charges.

Kalculate is not responsible for delays caused by late feedback, approvals, content supply, or third-party providers.

Verbal instructions are accepted in good faith but must be confirmed in writing to avoid misunderstandings.

3. Correspondence & Consultation

Time spent on strategy sessions, discovery calls, project management, research, integrations, troubleshooting, and consultation may be charged at our current hourly rate where outside the agreed scope.

Time is billed in 15-minute increments.

4. Payment Terms – Project Work

• Projects under $500 + GST are invoiced in full before delivery.
• Projects over $500 + GST require a 50% deposit before commencement.
• The balance is payable before final launch or handover.
• Payment is due within 7 days of invoice date.

If payment is not received:

• Services may be suspended.
• Ongoing subscriptions may be paused.
• A $25 administration fee may apply.
• Overdue accounts may incur late payment fees and/or be referred to debt collection, with recovery costs payable by the client. Refer to invoice for details.

5. Subscription Services

Where applicable, Kalculate provides ongoing services including:

• Calculator hosting
• Lead capture management
• CRM integrations
• Email automation
• PDF report generation
• Maintenance and support

Subscription fees are billed monthly in advance. Failure to maintain subscription payments may result in suspension of the service.

6. Paused or Cancelled Projects

If a project is paused for more than 14 days:

• Work completed to date may be invoiced.
• Timelines may be revised.
• A new quote may be required to recommence work.

If cancelled, all completed work remains payable.

7. Client Responsibilities

The client is responsible for:

• Providing accurate business information.
• Supplying branding assets and content.
• Reviewing calculations and outputs before launch.
• Testing recommendations generated by the tool.
• Ensuring any financial, legal, health, or industry advice generated complies with applicable regulations.

Kalculate is not responsible for errors arising from inaccurate client-supplied information.

8. Calculator Accuracy & Liability

Kalculate builds tools based on formulas, logic, assumptions, and information provided by the client. While reasonable care is taken:

• We do not guarantee the accuracy of client-supplied formulas.
• Outputs are intended as estimates, guidance, or educational information unless otherwise stated.
• Final business, financial, legal, health, or purchasing decisions remain the responsibility of the user.

As set out in clause 7, the client is responsible for reviewing and testing all calculations and outputs before launch. Kalculate’s liability under this clause is limited accordingly once a tool has been signed off by the client.

If the Core Platform provider materially changes its pricing, terms of service, or functionality, suspends or discontinues service, or otherwise becomes unavailable in a way that affects delivery of your tool (Platform Event):

• Kalculate will notify you as soon as reasonably practicable;
• Kalculate will use reasonable endeavours to migrate, rebuild, or restore affected functionality on a suitable alternative platform; and
• additional fees may apply for migration or rebuild work required as a result of a Platform Event, except where the Platform Event arises from Kalculate’s own act or omission.

Kalculate is not liable for any loss, delay, or service interruption caused by a Platform Event that is outside Kalculate’s reasonable control.

9.2 Other Integrations

Many Kalculate tools integrate with third-party services including Mailchimp, ActiveCampaign, HubSpot, Shopify, Xero, Zapier, Google Sheets, CRMs, and marketing platforms.

Kalculate is not liable for:

• Third-party outages
• API changes
• Platform updates
• Changes to pricing or service availability

Additional work required due to third-party changes may be chargeable.

10. Hosting 

Kalculate has no responsibility for the hosting, performance, or maintenance of the client’s existing website. The tool is embedded into the client’s website via a third-party embed service; Kalculate is not liable for any issues arising from that embed process or from the client’s website environment.

The client owns all leads generated through the calculator. Kalculate acts only as a processor of information and does not claim ownership of customer data.

The client remains responsible for:

• Privacy Policy compliance
• Data collection consent
• Compliance with the Privacy Act 2020
• Compliance with applicable marketing laws

Where a calculator or estimator tool produces outputs that may influence a consumer’s purchasing decision, the client is also responsible for ensuring those outputs and any related representations comply with the Fair Trading Act 1986 and the Consumer Guarantees Act 1993, in addition to the Privacy Act 2020.

12. Intellectual Property

Upon full payment, subject to the clause below and continued payment of applicable subscription fees, the client is granted an exclusive, non-transferable licence to use the completed calculator for its own business purposes. This licence does not extend to the frameworks, templates, code libraries, methodologies, or proprietary systems described below, which remain Kalculate’s property at all times.

Kalculate retains ownership of underlying frameworks, templates, code libraries, methodologies, and proprietary systems used to build the solution.

Kalculate may display completed projects in marketing materials and case studies unless otherwise agreed in writing.

The licence granted above is conditional on the client’s subscription remaining current. If the client cancels an ongoing subscription service under clause 5, the licence ends and Kalculate may cease providing access to the hosted tool. The client is not entitled to continued subscriptions, support, or access on the Core Platform without a current subscription.

13. Support

Minor support requests are included for 14 days following launch. Ongoing support is available through a maintenance subscription or charged at our current hourly rate.

14. Complaints & Remedies

Any concerns must be raised within 14 days of delivery. Kalculate will be given a reasonable opportunity to investigate and remedy any issue before further action is taken.

Kalculate is not liable for:

• Loss of profits
• Lost opportunities
• Indirect or consequential losses
• Errors resulting from client-supplied information
• Third-party platform failures
• Changes in laws, regulations, or industry requirements

Total liability is limited to the amount paid by the client for the specific service provided.

For the avoidance of doubt, this limitation of liability extends to any Platform Event affecting the Core Platform, as described in clause 9.1.

16. Termination

Either party may terminate the engagement with written notice. All work completed to the date of termination remains payable.

17. Governing Law

These Terms & Conditions are governed by the laws of New Zealand.

19. Dispute Resolution

If a complaint raised under clause 14 is not resolved to the reasonable satisfaction of both parties within 20 Business Days, either party may refer the dispute to mediation before an independent mediator agreed between the parties, with the costs of mediation shared equally unless otherwise agreed. Nothing in this clause prevents either party from seeking urgent interim relief from a New Zealand court of competent jurisdiction.