Terms & Conditions

1. Overview

These Terms and Conditions, referred to as the “Terms”, govern your use of the McGen Digital website, services, landing pages and related platforms, collectively referred to as the “Services”.

The Services are operated by McGen Digital Limited, referred to as “McGen Digital”, “we”, “us” or “our”, a company registered in New Zealand.

By accessing or using our Services, you agree to be bound by these Terms. When you submit your personal or business information through one of our forms, you also agree to the collection, use and communication practices described in these Terms.

If you do not agree with these Terms, please do not use our Services or submit your information.

2. Services We Provide

McGen Digital provides AI powered lead generation, lead attribution, landing page design, AI voice agents and marketing automation services for service based businesses.

Our services may include:

1. Landing page design and hosting
2. Lead attribution and click to sale tracking through LeadsOS
3. Ecommerce attribution through CommerceOS
4. AI voice agents for speed to lead response
5. Email and SMS automation campaigns
6. CRM integration and marketing analytics
7. Advertising campaign management
8. Appointment booking and lead qualification systems

The exact services provided to each client will be set out in the relevant proposal, quotation, order form or service agreement.

3. Collection of Personal Information

When you use our Services or submit information through one of our forms, landing pages or communication channels, we may collect personal information including:

1. Your name
2. Your email address
3. Your phone number
4. Your business name
5. Information about your industry, business requirements or marketing needs
6. Information provided during conversations with our AI agents or team members
7. Information about how you interact with our website, advertisements and landing pages

We collect and use this information to respond to enquiries, provide our Services, qualify potential clients, arrange appointments, improve our systems and measure the performance of our marketing campaigns.

We will only collect personal information that is reasonably necessary for these purposes.

4. Tracking and Analytics

We may use cookies, tracking pixels, click identifiers and similar technologies to monitor interactions with our website, landing pages and advertising campaigns.

These technologies may collect information including:

1. Page views
2. Click behaviour
3. Form interactions
4. Session duration
5. Device and browser information
6. Advertising identifiers, including gclid, fbclid and similar identifiers
7. Campaign source and attribution information

This information is used to measure campaign performance, attribute leads and sales, improve the user experience and optimise our marketing activities.

Where required, additional information about cookies and tracking may be provided through our website cookie notice or Privacy Policy.

5. Sharing Information with Third Parties

We may disclose personal information and tracking information to third party service providers where reasonably necessary to operate our Services, respond to an enquiry, manage advertising campaigns or provide services to our clients.

These providers may include:

1. Google, including Google Ads, Google Analytics and Google Tag Manager
2. Meta, including Facebook, Instagram, Meta Ads and Meta Pixel
3. CRM and lead management platforms
4. Appointment booking platforms, including Calendly and Cal.com
5. Communication platforms, including Twilio, TNZ, Vapi and email service providers
6. Advertising platforms, including TikTok, LinkedIn and Microsoft Advertising
7. Hosting, analytics, automation and payment processing providers
8. A McGen Digital client where you have submitted an enquiry in response to that client’s advertising or landing page

We may use service providers located outside New Zealand. Where personal information is disclosed outside New Zealand, we will take reasonable steps to ensure that it is protected in accordance with applicable privacy law.

We do not sell, rent or on sell your personal information to unrelated third parties for their own independent marketing purposes.

6. Consent to Phone, SMS and Email Contact

When you submit your contact details through a McGen Digital form, landing page, advertisement or lead capture system, you consent to being contacted about your enquiry and McGen Digital’s related services.

Contact may be made through:

1. Phone calls
2. AI generated or automated phone calls
3. SMS messages
4. Email
5. Appointment booking messages and reminders

Contact may be made for lead qualification, appointment setting, responding to your enquiry, providing information about our services and reasonable marketing follow up connected with your enquiry.

This consent applies even when an automated system or AI agent is used to initiate or conduct the communication.

7. Zac, Our AI Voice Agent

When you submit your contact details, you acknowledge and agree that you may be contacted by Zac, McGen Digital’s AI voice agent.

Zac is an artificial intelligence assistant and not a human representative. Zac may contact you to:

1. Respond to your enquiry
2. Ask questions about your business or marketing requirements
3. Explain McGen Digital’s services
4. Qualify your enquiry
5. Arrange or book an appointment
6. Send follow up information by SMS or email
7. Conduct reasonable marketing follow up relating to your original enquiry

Zac will identify that it is an AI assistant at the beginning of the conversation or as soon as reasonably practical.

Calls and interactions with Zac may be recorded, transcribed and analysed for quality assurance, training, compliance and service improvement purposes.

8. Contact Frequency

Unless you request further contact, continue engaging with us, book an appointment or become a client, McGen Digital will make no more than five marketing follow up attempts during the seven day period following your enquiry.

These attempts may include a combination of phone calls, AI generated calls, SMS messages and emails.

Appointment confirmations, requested information, replies to your communications and other service related or transactional messages are not considered marketing follow up attempts.

We will not continue marketing contact after you have clearly asked us to stop.

9. Opting Out

You may withdraw your consent to receive marketing communications at any time.

You may opt out by:

1. Replying STOP to an SMS message
2. Using the unsubscribe link contained in an email
3. Telling Zac or a member of our team that you do not wish to be contacted
4. Contacting McGen Digital directly

We will process reasonable opt out requests as soon as practical.

Opting out of marketing communications does not prevent us from sending messages that are necessary to complete an existing appointment, respond to a request, administer an active service or meet a legal obligation.

10. Use and Protection of Contact Information

Phone numbers, email addresses and other contact information collected through our Services will only be used for the purposes described in these Terms and any applicable Privacy Policy.

We do not sell or provide your contact details to unrelated businesses for their independent marketing activities.

Information may be provided to a McGen Digital client where the person submitted an enquiry in response to that client’s advertisement, offer or landing page.

We take reasonable administrative and technical steps to protect personal information from unauthorised access, loss, misuse or disclosure.

11. Intellectual Property

All content, designs, branding, software, dashboards, automation systems and materials provided through our Services remain the intellectual property of McGen Digital unless otherwise agreed in writing.

You may not copy, reproduce, distribute, resell or create derivative works from our proprietary materials without our prior written permission.

Any licence to use McGen Digital materials will end when the relevant service agreement ends unless otherwise agreed in writing.

12. Results and Performance

McGen Digital provides marketing, advertising and lead generation services on a best efforts basis.

Unless a specific written promotional guarantee applies, we do not guarantee:

1. A particular number of leads
2. A particular cost per lead
3. A particular conversion rate
4. A particular level of advertising performance
5. A particular amount of revenue or profit
6. That every lead will be contactable, qualified or converted into a customer

Results may be affected by market conditions, advertising platforms, budgets, competition, client response times, sales processes, pricing, offers and other matters outside McGen Digital’s control.

13. Payment Terms

All fees will be set out in the applicable proposal, quotation, order form or service agreement.

Unless otherwise agreed in writing:

1. Setup fees must be paid before work begins
2. Ongoing management fees are billed monthly
3. Media spend and third party costs may be payable in advance
4. Prices exclude GST unless expressly stated otherwise
5. Late payment may result in suspension of the Services
6. Reasonable costs associated with collecting overdue amounts may be charged to the client

14. Promotional Refund Offers

From time to time, McGen Digital may make a written promotional offer that includes a full refund of initial setup or lead generation fees if specified conditions are not met.

Unless the written offer expressly states otherwise, any such refund applies only to the internal professional service fees charged directly by McGen Digital.

The professional fees covered by the offer, the conditions that must be met and the method used to assess performance will be disclosed in writing before work begins.

A promotional refund does not include media spend, advertising spend, software subscriptions, platform charges, usage fees or other third party costs.

Non refundable third party costs may include charges relating to:

1. Calendly or Cal.com
2. Twilio
3. TNZ
4. SMS and telecommunications usage
5. Vapi
6. Meta advertising
7. Google advertising
8. CRM platforms
9. Website hosting and domains
10. Email systems
11. Payment processing
12. Other software, platforms or external suppliers used to provide the Services

Third party costs are non refundable once they have been paid, incurred or committed by McGen Digital, unless the relevant third party provider refunds those costs to McGen Digital.

Where a third party refund is received and is directly attributable to the client, McGen Digital will pass that refund on to the client after deducting any reasonable administration or transaction costs that were disclosed in advance.

A client must comply with all reasonable conditions of a promotional offer, including providing required access, maintaining agreed advertising budgets, responding to leads and allowing the campaign to operate for the agreed period.

Nothing in this section limits any rights or remedies that cannot legally be excluded under applicable New Zealand law.

15. Limitation of Liability

To the maximum extent permitted by law, McGen Digital will not be liable for indirect, incidental, consequential or special loss arising from the use of our Services.

This includes loss of profit, loss of revenue, lost opportunities, lost data, business interruption or reputational damage.

McGen Digital is not responsible for interruptions, account restrictions, advertising disapprovals, platform outages or changes made by Meta, Google, Twilio, TNZ, Vapi, Calendly, Cal.com or any other third party provider.

Nothing in these Terms excludes or limits liability where it would be unlawful to do so.

16. Termination

Either party may terminate a service agreement by providing 30 days’ written notice unless another notice period is specified in the applicable proposal or service agreement.

When an agreement is terminated:

1. Outstanding fees remain payable
2. Third party costs already incurred or committed remain payable
3. Access to McGen Digital platforms, dashboards and services may be removed
4. Advertising and automation systems may be paused or disconnected
5. Personal information may be retained where reasonably necessary for legal, accounting, security or service related purposes

Termination does not affect rights or obligations that arose before the termination date.

17. Governing Law

These Terms are governed by the laws of New Zealand.

Any dispute arising from these Terms or the use of our Services will be subject to the jurisdiction of the courts of New Zealand.

18. Changes to These Terms

We may update or modify these Terms from time to time.

Updated Terms will be published on this page together with a revised “Last updated” date.

Changes will apply from the date they are published. Material changes affecting an existing paid service may also be communicated directly to the relevant client.

19. Contact Us

Questions about these Terms, our Services or the handling of personal information can be sent to:

McGen Digital Limited
Email: benji@mcgendigital.com