NewlyFound is provided by NewlyFound Limited, a New Zealand company (company number 9463933, NZBN 9429054007628). In these terms, “NewlyFound”, “we” and “us” mean NewlyFound Limited.
These terms apply when you create an account or switch on a campaign. By doing either you agree to them and to our privacy policy. If you don't agree, please don't use NewlyFound. Questions: hello@newlyfound.net.
1. Who this is for
NewlyFound is a business service for designers, studios and agencies. You confirm you're using it for your business, not for personal or household purposes. Because of that, and to the extent the law allows, the Consumer Guarantees Act 1993 doesn't apply, and the Fair Trading Act 1986 applies only where it can't be excluded. We've written these terms to be fair to both sides.
2. What we provide
We research businesses and deliver a short brief on each one (an "opportunity"): who the business is, what its public online presence looks like, and our reasoning for why it might want design help. A person reviews each opportunity before it's delivered. Opportunities are delivered as a report you can open and download from your account.
We provide the service with reasonable care and skill. We don't contact the businesses for you, and we don't promise that an opportunity will lead to a meeting, a sale, or any income.
Watching your clients. If you list businesses you work with, we keep them out of your opportunities and can tell you when their public website changes. Only list businesses you actually work with.
3. Your account
Give us accurate details and keep them up to date. Keep your login private and don't share it. You're responsible for what happens under your account. Tell us straight away if you think someone else has accessed it.
4. Campaigns and payment
Campaigns. A campaign is a search we run for you: you choose the work, the area and the industries, a budget a day and how long it runs. Each day it researches up to the number of businesses your budget covers. You pay for each business we research, at the price shown before you switch it on. You can pause, change or stop a campaign at any time; changes take effect from the next day.
Your card. You save a card with our payment provider, Stripe. We never see or store the card itself. By saving it, you authorise us to charge it, without asking each time, for the research your campaigns do: each time your unbilled spend reaches NZ$20, and once a week for anything less. Each charge covers finished days only.
If a charge is declined, your campaigns pause straight away until it's paid. Change your card and we'll try again.
Prices are in New Zealand dollars. If you're outside New Zealand, your bank converts the charge and may add its own fee. If we are registered for GST, invoices will show GST.
Price changes. We'll give you at least 30 days' notice by email before a price change affects a campaign that's running, and you can stop it before the change takes effect.
Partner. Partner is arranged with you directly and priced per partner; what we agree in writing applies alongside these terms.
5. Delivery and problems
We deliver opportunities as your campaigns find them. Some places and industries have fewer suitable businesses than others, so how many you receive varies.
If nothing matches. If NZ$15 goes by on a campaign with no opportunities, we pause it and suggest changes, so you don't keep paying for a campaign that isn't working.
If an opportunity is clearly wrong when delivered (for example, the business had already closed, or it was delivered to you twice), tell us within 7 days and we'll credit NZ$5 to your next charge.
6. Stopping and cancelling
You can stop a campaign at any time from its page. It stops from the next day, and nothing is charged for days after it stops. Research already done is charged, apart from remedies under section 5 or anything the law requires. You can close your account at any time by emailing us; anything still owed for research already done is charged first.
7. How you can use the opportunities
Each opportunity is licensed to you for your own business, to decide whether and how to approach that business. You may not resell, share, publish, or bulk-export opportunities, or give them to anyone outside your studio or agency.
We don't deliver the same opportunity to more than one customer at a time. An opportunity is one kind of work for one business, such as its website or its signage. An Opportunity is yours alone for 14 days, and for as long after that as you're working on it. If you haven't started on it within 14 days, or you pass on it, we may offer that work to another customer. Once a business has been approached, we won't offer it the same work again for six months. We can't promise that another studio won't find the same business independently.
Contacting businesses is your responsibility. If you get in touch with a business, you must follow the law, including the Unsolicited Electronic Messages Act 2007 (identify yourself, have a legitimate basis to email, and include a working way to opt out) and the Privacy Act 2020. If a business asks you to stop, stop. If a business asks us to remove it, we may withdraw it from your account and you must not keep contacting it on the strength of our brief.
8. Accuracy of what we deliver
Opportunities are built from public information as it stood when we researched it, and our assessments (including those produced with AI assistance) are our opinion, not fact or professional advice. Details can be out of date or wrong. We refresh a business's details when your report is built, but you should check before you rely on anything. We aren't responsible for decisions you make from an opportunity.
9. Google Maps
Reports may include Google Maps features and content. Your use of Google Maps features and content is subject to the then-current Google Maps/Google Earth Additional Terms of Service and the Google Privacy Policy.
10. Acceptable use
Don't misuse NewlyFound: no attempts to break into or overload our systems, no automated scraping of the site or your reports, no using it to harass or deceive people, and nothing unlawful. Don't upload anything you don't have the right to share, anything offensive, or other people's personal information.
11. Ownership
We own NewlyFound, its design, and our research and assessments. You own what you give us, and you give us permission to use it to provide the service. If you choose to tell us how opportunities turned out (won, lost, no response), we may use that to improve how we assess businesses. We won't identify you publicly.
12. Your work and your picture
You can add pictures of your work, with a name and a link for each project, and a picture of yourself.
Only share what you have the right to share. Before you add a piece of work, make sure you're allowed to: that it's yours to show, and that showing it doesn't break an agreement with a client, such as a confidentiality or non-disclosure agreement. Don't add pictures of other people without their permission.
You keep ownership. Your work and your picture stay yours. You give us permission to store them, to make copies needed to run the service (such as resizing them), and to analyse them, including by automated means, so we can understand your work and find opportunities that suit it. That permission is only for running NewlyFound for you, and it ends when you remove them, apart from backup copies, which are deleted on their usual schedule.
Private unless you choose otherwise. Only you can see your work and your picture. We don't publish them or use them to promote NewlyFound. If you mark a picture as visible to businesses, we may show it to a business we introduce you to, on a private page, and we ask you first each time a picture is shown for the first time. You can say no, and you can switch a picture back to private at any time.
We don't use your work to train AI models.
Removing it. You can remove a project, a picture or your profile picture at any time, and it's deleted from NewlyFound straight away. Pictures are deleted from our backups within 5 weeks; the other details of a project can stay in our backups for up to a year, kept only so we can restore the service if something goes wrong.
13. Suspending or ending your access
We can suspend or end your account if you seriously or repeatedly breach these terms, don't pay, or use the service unlawfully. We can also remove anything you've uploaded that breaches these terms. Where we reasonably can, we'll warn you first. If we end your account for a reason that isn't your fault, we won't charge for any research we hadn't yet done.
14. Our liability
Nothing here limits any liability that the law doesn't allow us to limit. Otherwise, we aren't liable for indirect or consequential loss, or for lost profits, revenue or opportunities, and our total liability to you for anything arising from the service is limited to the fees you paid us in the 12 months before the claim.
15. Changes to these terms
We may update these terms. For a change that matters, we'll give account holders at least 30 days' notice by email. If you keep using NewlyFound after that, you accept the change; if you don't accept it, you can cancel before it applies.
16. General
These terms are governed by New Zealand law, and New Zealand courts can hear any dispute. They are the whole agreement between us about the service. If part of them can't be enforced, the rest still applies. We aren't liable for delays caused by things outside our reasonable control. We can give you notices by email at the address on your account, and you can contact us at hello@newlyfound.net.