Terms of Services
Once you decide to engage us, you will be bound by these terms and conditions. Please read through this page carefully.
What do both parties agree to do?
As our customer, you have the power and ability to enter into this contract on behalf of your company or organisation. You agree to provide us with everything that we need to complete the project, including text, images and other information as and when we need it, and in the format that we ask for. You agree to review our work, provide feedback and sign-off approval promptly too. Deadlines work two ways, and you will also to be bound by any dates that we set together. You also agree to stick to the payment schedule set out at the end of this contract.
We have the experience and ability to perform the services you need from us, and we will carry them out in a professional and timely manner. Along the way, we will endeavour to meet all the deadlines set, but we can't be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on-time at some stage
You and us may disclose confidential information one to the other to facilitate work under this Agreement. Such information shall be so identified in writing at the time of its transmittal and shall be safeguarded and not disclosed to third parties by the receiving party. Confidential information shall not include information that:
- is already known to the party to which it is disclosed;
- is or becomes part of the public domain without breach of this Agreement;
- is obtained from third parties, which have no obligations to keep confidential to the parties to this Agreement.
We will create designs for the look-and-feel, layout and functionality of your web site. This contract includes one main design plus the opportunity for you to make up to two rounds of revisions. If you're not happy with the designs at this stage, you will pay us in full for all of the work that we have produced until that point. And you may either cancel this contract or continue to commission us to make further design revisions at the daily rate set out in our original estimate.
We can provide copywriting service, but we're not responsible for printing or inputting any text copy unless we specified it in the original estimate. We'll be happy to help though, and in addition to the quotation, we will charge you at an hourly rate for copywriting or content creation.
PHOTOGRAPHS & VIDEOS
You will supply us photos or video in a digital format suitable for the web. If you choose to buy stock photographs or videos, we can suggest vendors of stock photography. Any time we spend searching for appropriate media files or compressing the media format for web use, you will be charged at an hourly rate.
CHANGES AND REVISIONS
We know from plenty of experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your first idea about how something should look, or how it might work. We don't want to limit either your options or your opportunities to change your mind.
The estimate/quotation prices that we send to you are calculated base on the number of days that we estimate we'll need to accomplish everything that you have told us you want to achieve. If you do want to change your mind, add extra pages or templates or even add new functionality, that won't be a problem. You will be charged on the hourly rate set out in the estimate we gave you. Along the way, we might ask you to put requests in writing so we can keep track of changes.
You agree to reimburse us for any of the following expenses necessary in completion of the Work: (e.g. Fonts, Messengers, Proofs, Props, Research, Shipping, Software, Stock photography, Travel, Telephone Consultation).
You may already have professional web site hosting; you might even manage that hosting in-house; if that's the case, great. If you don't manage your web site hosting, we can set up an account for you at one of our preferred, third-party hosting providers. We will charge you a one-off fee for installing your site on this server, plus any statistics software such as Mint or Google Analytics; then the updates to, and management of that server, plus any support issues will be up to you.
We are not a web site hosting company, and so we do not offer or include technical support for web site hosting, email or other services relating to web site hosting. If you do require help with anything beyond the design and development of your site, we'll be happy to help and will charge you at an hourly rate.
You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the web site are either owned by your good selves or that you have permission to use them.
When we receive your final payment, copyright is automatically assigned as follows:
- You own the graphics and other visual elements that we create for you for this project. We will give you a copy of all files, and you should store them safely as we are not required to keep them or provide any native source files that we used in making them.
- You also own text, content, photographs and other data you provided unless someone else owns them. We own the XHTML markup, CSS and other code and we license it to you for use on only this project.
- We love to show off our work and share what we have learned with other people, so we also reserve the right to display and link to your completed project as part of our portfolio and to write about the project on web sites, in magazine articles and books about web design.
- If you are not happy to be linked to us, please mention this to us in the beginning and purchase the exclusive right on the price we both agree.
We can't guarantee that the functions contained in any web page templates or a completed web site will always be error-free. We can't be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this web site and any other web pages, even if you have advised us of the possibilities of such damages.
If any provision of this Agreement shall be unlawful, void, or for any reason is unenforceable. That provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
It's your responsibility to CHECK the site thoroughly once it's done and please review it carefully and accurately. We only allow for no more than three times revisions on any error on written content, colour and photos. If you require more correction, will be charged on hourly bases.
We are sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we're also sure you'll want to stay friends, you agree to stick tight to the payment schedule. Due to non-payment, we reserve the right to TAKE THE WEBSITE DOWN.
After the failure of payment and many advanced notices, a late payment fee will incur after '15' days of non-payment, 2% of the owing amount will be charge PER DAY.
50% down payment to start the job, balance paid upon completion.
Either party may terminate this Service Agreement by giving up to seven days in advance written notice to the other. If Work is postponed or terminated at the request of the Client, we shall have the right to bill proportionally for work completed through the date of that request, while reserving all rights under this Agreement. If additional payment is due, this shall be payable within fourteen days of your written notification to stop work. In the event of termination, you shall also pay any expenses incurred by us, and we shall own all rights to the Work. The Client shall assume responsibility for all collection of legal fees necessitated by default in payment.
The Client and Consultant are independent parties, and nothing in this Agreement shall constitute either party as the employer, principal or partner of or joint venture with the other party. Neither the Client nor Consultant has any authority to assume or create any obligation or liability, either express or implied, on behalf of the other.
Just like a parking ticket, you cannot transfer this contract to anyone else without our permission. This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.
Although the language is simple, the intentions are serious, and this contract is a legal document under the exclusive jurisdiction of New Zealand courts.