Welcome to YourBrand.

YourBrand is by Clarke & Clarke and operates as part of Clarke & Clarke Group Ltd. In these Terms & Conditions, “YourBrand”, “we”, “us” and “our” refers to YourBrand and Clarke & Clarke Group Ltd where relevant.

By using this website, making an enquiry, requesting a quote, placing an order, accepting a proposal, approving artwork, purchasing a package, or engaging us to provide products or services, you agree to these Terms & Conditions.

These YourBrand Terms should be read together with the Clarke & Clarke Terms of Service and Marketing Terms of Service. The Clarke & Clarke Terms of Service and Marketing Terms apply to YourBrand products and services where relevant, including design, branding, website, marketing, advertising, hosting and related services.

You can view the Clarke & Clarke Terms here:

Clarke & Clarke Terms of Service

https://www.clarkeandclarke.co.nz/terms-of-service

Clarke & Clarke Marketing Terms of Service

https://www.clarkeandclarke.co.nz/terms-of-service/marketing-terms

If there is any inconsistency between these YourBrand Terms and the Clarke & Clarke Terms, the Clarke & Clarke Terms will apply unless we have agreed otherwise in writing.

Our products and services

YourBrand provides branded products and creative services for businesses, including branded merchandise, uniforms, apparel, drinkware, stationery, client gifts, promotional items, logo design, brand packages, website packages and related design or marketing assets.

Some products and services are supplied directly by us, while others may involve trusted suppliers, production partners, decorators, printers, couriers, hosting providers, software platforms or other third-party service providers.

We do our best to ensure all information on our website is accurate and up to date. However, product availability, specifications, colours, branding methods, pricing and delivery timeframes may change depending on supplier availability, production requirements and other factors outside our control.

Quotes and pricing

All prices listed on our website or provided in quotes are in New Zealand dollars and exclude GST unless stated otherwise.

Quotes are based on the information available at the time they are prepared. If your requirements change, or if supplier pricing, freight, product availability, artwork requirements or production needs change, we may need to revise the quote before the order proceeds.

A quote does not guarantee product availability. Products are subject to supplier stock levels and may become unavailable, discontinued or delayed without notice.

Where a quote has an expiry date, the quote is valid until that date only. If no expiry date is stated, we may update or withdraw the quote at our discretion.

Orders and acceptance

An order may be accepted through written approval, email confirmation, signed agreement, accepted quote, payment of a deposit, form submission, online checkout or another method agreed by us.

Once an order has been accepted, you are responsible for paying the agreed fees and providing the information, approvals, files and materials required for us to complete the work.

For custom branded products, production will not begin until the required details, artwork, payment and approvals have been received.

Payment terms

Payment terms will be outlined in your quote, invoice, proposal or agreement.

For some orders, full payment or a deposit may be required before work begins, products are ordered, artwork is prepared, production starts or a website project is scheduled.

We may pause work, delay production, hold delivery or withhold final files, products or website launch if payments are overdue.

You are responsible for paying all invoices by the due date. Any unpaid amounts may be subject to debt collection processes, and you may be liable for reasonable collection costs, recovery costs or legal costs incurred in recovering overdue amounts.

Product information, colours and samples

We aim to represent products as accurately as possible on our website, in mockups, catalogues, samples and digital proofs. However, colours, textures, materials, print finishes and product details may appear differently on screen compared with the final physical product.

Product colours may also vary slightly between batches, suppliers, materials and production runs.

Where exact colour matching is important, please let us know before placing your order. We may recommend samples, physical swatches, PMS matching or additional production checks where available. Additional costs may apply.

Samples may be available for selected products. Sample availability, cost and delivery timeframes will vary depending on the supplier.

Artwork, logos and client-supplied files

You are responsible for supplying suitable artwork, logo files, images, copy, brand assets and other materials required for your project or order.

You confirm that you own, or have permission to use, any logos, trademarks, designs, images, wording, fonts, artwork or materials you provide to us.

You agree that we are not responsible for any claims, disputes, costs or losses that arise from the use of client-supplied materials where you did not have the right to use them.

If supplied artwork is not suitable for production, we may need to adjust, redraw, recreate, clean up or prepare the artwork before it can be used. Additional design or artwork preparation fees may apply.

Proofs and approvals

Before production or final delivery, we may provide digital proofs, mockups, artwork previews, design concepts, website previews or other approval materials.

You are responsible for carefully checking all proofs and approval materials before approving them. This includes checking spelling, names, contact details, colours, logo placement, sizing, product details, quantities, layout, website copy and all other visible details.

Once you approve a proof, design, artwork file, website page or production file, we will treat that approval as confirmation that it is correct and ready to proceed.

We are not responsible for errors, omissions or changes requested after approval has been given. If changes are required after approval, additional costs, production delays or reprint fees may apply.

Branded products, production and delivery

Production timeframes vary depending on the product, quantity, branding method, supplier availability, artwork approval, freight and production capacity.

Any timeframe we provide is an estimate only and may change due to factors outside our control.

We recommend placing orders well in advance of the date you need the products. If you require a rush order, we will do our best to help, but we cannot guarantee urgent production or delivery unless this has been confirmed in writing.

Once products have entered production, changes may not be possible. If changes can be made, additional costs may apply.

Delivery costs, freight charges and courier fees may be charged in addition to the product or service price unless stated otherwise.

Risk in physical products passes to you once the goods have been dispatched or delivered to the address provided. We are not responsible for delays, loss or damage caused by couriers, freight providers or incorrect delivery information supplied by you.

Returns, cancellations and refunds

Because many YourBrand products are custom branded, made to order or produced specifically for you, we generally cannot accept returns, cancellations or refunds once an order has been approved, placed with a supplier, entered production or completed.

If a product is faulty, damaged or materially different from what was approved, please contact us as soon as possible so we can assess the issue.

Any claim relating to faulty, damaged or incorrect products must be made in writing within a reasonable timeframe after delivery, along with clear photos and details of the issue.

We will work with you and the relevant supplier to determine an appropriate solution, which may include repair, replacement, credit or another remedy depending on the circumstances.

We do not offer refunds or replacements for issues caused by incorrect client-supplied information, approved artwork errors, colour variations within reasonable production tolerances, changes of mind, incorrect quantities ordered, courier delays, or misuse of the product after delivery.

Logo, brand and website packages

YourBrand offers logo, brand and website packages designed to give businesses a clear, professional and practical brand foundation.

Package inclusions will be outlined on the relevant website page, quote, proposal or agreement.

The scope of each package is limited to the inclusions stated. Any additional deliverables, pages, concepts, revisions, assets, functionality, integrations, strategy work, copy changes, meetings or support outside the agreed scope may be quoted separately.

The website included in eligible packages is a foundational website designed to give your business a professional online presence. It is styled using your brand identity and set up with the agreed pages and standard inclusions.

Unless stated otherwise, website packages do not include custom functionality, advanced integrations, CRM setup, booking systems, e-commerce, advanced SEO, advertising management, consent tools, automation, additional pages or ongoing website maintenance.

Additional website requirements can be quoted separately.

Website hosting and ongoing services

Where website hosting is arranged by YourBrand or Clarke & Clarke, hosting fees will be charged as outlined in your quote, invoice, agreement or package details.

Website hosting, domain management, professional email, analytics setup, Google tools, SEO, advertising, maintenance or other recurring services may be subject to the Clarke & Clarke Terms of Service and Marketing Terms of Service.

Ongoing website support, larger content updates, structural changes, technical changes, new pages, troubleshooting, training, marketing activity or additional services are not included unless expressly stated.

Recurring services may continue until cancelled in accordance with the applicable terms or written agreement.

Revisions and changes

Included revisions will be outlined in your package, quote, proposal or agreement.

Revision rounds are intended for reasonable refinements to the agreed concept, design, artwork, copy, page or deliverable. They do not include a full change in direction, new concepts, additional deliverables or work outside the original brief.

If you request changes outside the included scope, we will let you know and may provide a separate quote or charge the work at our standard hourly rate.

Delays in providing feedback, content, approvals or required materials may affect project timeframes.

Client responsibilities

You agree to provide accurate information, clear instructions, suitable files, required approvals, timely feedback and any content or materials needed for us to complete the work.

You are responsible for ensuring all information you provide is correct, including business names, contact details, product quantities, delivery addresses, spelling, website copy, pricing, service details, legal statements and any claims made about your business, products or services.

You are also responsible for checking that any final designs, products, artwork, website content or marketing materials are suitable for your intended use before publishing, printing, distributing or approving production.

Intellectual property

Unless otherwise agreed in writing, all concepts, artwork, writing, designs, graphics, website layouts, source files, production files, creative work and materials created by YourBrand or Clarke & Clarke remain the property of Clarke & Clarke Group Ltd until all outstanding invoices have been paid.

Once full payment has been received, you will receive the agreed final deliverables and usage rights for your business in accordance with the relevant quote, proposal, agreement or Clarke & Clarke Terms.

Unused concepts, rejected designs, working files, editable design files, internal documents, production methods, templates, supplier details, process documents and draft materials remain the property of Clarke & Clarke Group Ltd unless we agree otherwise in writing.

We may use completed work, client names, logos, product images, mockups, website screenshots, case studies and project examples in our portfolio, website, social media, marketing or promotional material unless you have requested confidentiality in writing and we have agreed to it.

Third-party platforms and suppliers

Some YourBrand products and services rely on third-party suppliers, platforms, software, manufacturers, decorators, printers, couriers, hosting providers, domain providers, email providers, analytics tools or advertising platforms.

We are not responsible for delays, outages, errors, pricing changes, product changes, discontinued products, policy changes or service interruptions caused by third parties.

Where third-party terms apply, you agree to comply with those terms where relevant.

Website use

You agree to use our website for lawful purposes only.

You must not misuse our website, attempt to gain unauthorised access, introduce malicious code, copy content without permission, interfere with website functionality, or use the website in a way that could damage YourBrand, Clarke & Clarke, other users or third parties.

We may update, change, suspend or remove website content at any time without notice.

Limitation of liability

To the maximum extent permitted by law, YourBrand and Clarke & Clarke Group Ltd will not be liable for any indirect, incidental, special or consequential loss, loss of profit, loss of revenue, loss of opportunity, loss of data, loss of goodwill, production delay, website downtime, courier delay, third-party issue or business interruption arising from your use of our website, products or services.

Where we are liable, our liability will be limited to the amount paid by you for the relevant product or service giving rise to the claim, unless otherwise required by law.

Nothing in these Terms is intended to limit any rights you may have under New Zealand law that cannot legally be excluded.

Privacy

Your use of our website and services is also subject to our Privacy Policy.

By using our website or providing information to us, you agree that we may collect, use and store your information in accordance with our Privacy Policy.

Changes to these Terms

We may update these Terms & Conditions from time to time.

The updated version will be posted on this page with a revised “Last updated” date.

Your continued use of our website, products or services after the Terms are updated means you accept the updated Terms.

Contact us

If you have any questions about these Terms & Conditions, please contact us:

YourBrand by Clarke & Clarke

Email: hello@yourbrand.co.nz

Website: www.yourbrand.co.nz