Terms & Conditions

Terms of Agreement

https://webdesignauckland.nz  (trading as Web Design Auckland NZ) will endeavour to operate in a fair and reasonable manner at all times and it is part of our ethos to ensure we maintain a great relationship with our clients. It is, however, important to have certain contractual aspects agreed to in order to protect both parties. By undertaking a design project with Web Design Auckland NZ you are agreeing to the following terms and conditions.

Definitions

Web Design Auckland NZ is referred to as Web Design Auckland NZ, We, Us, Our.
The Client is referred to as the Client, You, Your.

Our Responsibilities

Web Design Auckland NZ commits to:

Provide the client with website design, and development services that perform the functions detailed under the agreed package, and additional functionality sections of the package information.
To perform all services in a timely, professional manner.
To respond to all client queries in a timely and professional manner.
To provide a quote or estimate, before undertaking any additional work required to complete the website that has not been agreed on and stated in the package information.
To employ our best efforts to remedy any functional issues after the website is built.

Your Responsibilities

Website design is a collaborative effort. As a client, you commit to:

Promptly reply to our requests for logos, branding, images, and other information we require to complete your website.
Follow our instructions relating to the image formats ( jpg, png, etc ) we require this information so we can work with it effectively.
Promptly respond to our requests for feedback and approval of design concepts.
Ensure any employee or agent of your company dealing with us is authorized to make decisions relating to the website, on behalf of your company.
Be responsible for making Web Design Auckland NZ fully aware of their website functionality requirements prior to commencing their project.

If the Client’s Web site is to be installed on a third-party hosting server, Web Design Auckland NZ must be granted read/write access to the Client’s storage directories, and those directories must be accessible via FTP from Web Design Auckland NZ’s FTP software.

The client must ensure these requirements are listed in the project information under the package functionality, or quoted under the additional functionality. Web Design Auckland NZ will not be obligated to undertake any additional functionality requests that are not listed in the project information. If additional functionality requirements come to hand after the project has commenced, and they are within the technical scope of Web Design Auckland NZ’s ability, they will be quoted on and agreed to before work on these aspects will commence.

Payment Terms

We are not registered for GST,  the prices you see displayed are the total price.
Before beginning your project, the 1st monthly deposit is required.
Payment of the 1st monthly deposit to Web Design Auckland NZ certifies that you have read, and agree with these Terms & Conditions.
For the remaining monthly payments of the design package (* Minimum term 12 months ) we recommended the Client sets  up an automatic payment.

Package Premium 5 – $30 per month – Minimum term 12 months, total minimum cost $360, including setup.

Package Premium 7 – $40 per month – Minimum term 12 months, total minimum cost $480, including setup.

Package Premium 7 + SEO – $50 per month – Minimum term 12 months, total minimum cost $600, including setup.

If at any stage you the Client decide to terminate the project before the 12 month minimum, no refunds will be made.

Upon written notification by the Client to Web Design Auckland NZ of project termination (before the 12 month minimum). Web Design Auckland NZ will action removal of the web site, and all files from the hosting server, Web Design Auckland NZ will require a minimum of 7 days notice.

Website Design

Included with your website package, your website concept can be revised up to three times if necessary.

Additional Website Design (beyond the Package description)

If any further revisions are required, these will be done at $50 per hour.

Additional functionality may be invoiced as it is completed, or in a combined invoice with the design package remainder.
All invoices are due 3 days from invoice date unless otherwise stated.

Once the design concept is approved, any additional design changes needed, will be done at $50 per hour. Any additional functionality or programming tasks will be done at $50 per hour. Approvals must be made in writing.

A discreet ‘Website designed by Web Design Auckland NZ’ message will be placed in the footer of the website. We may choose to feature the website in our portfolio to showcase our work.

Your website will function correctly on all of the latest versions of the most popular web browsers provided all relevant technologies are installed. Popular browsers are Internet Explorer, Firefox/Mozilla, Chrome and Safari. Internet Explorer versions 6 and 7 are not supported. The appearance of your site may differ slightly from browser to browser, due to the way the browsers render content.

Your website will be fully mobile responsive and will function correctly on all popular devices like Android tablets, android phones, Iphones, I pads etc.
Web Design Auckland NZ takes no responsibility whatsoever for issues relating to copyright infringement based on text, images or any other material provided to us, and will act on the instruction of the client. It is the client’s responsibility to take reasonable steps to ensure the content they provide is not under copyright. If it is found that we have been supplied with materials under copyright and are instructed by court authority to take the content down, we will of course comply. The client will absorb all costs related to copyright infringement, including development time to comply with court requests.

If you wish to integrate any third party software with your website, Web Design Auckland NZ takes no responsibility whatsoever for issues relating to the suitability, functionality, or compatibility of that software with the website.

If you wish to integrate any third party software with your website, Web Design Auckland NZ takes no responsibility whatsoever for issues relating to the suitability, functionality, or compatibility of that software with the website.

All photography and graphics for the website are to be supplied by the client at the client’s expense. Any photography or graphics already in the template can be included free of charge.

Web Design Auckland NZ is not responsible for obtaining listings for your website on Google, or other search engines.

Web Design Auckland NZ is not responsible for, or promises rankings in Google, or other search engines.

The background of the site will appear differently from computer to computer, based on the resolution that is set. Our websites are optimized to show on the majority of computers with no scroll bar appearing, forcing the viewer to scroll left and right. Computers with a resolution less than 1024px by 768px will unavoidably show a scroll bar. The maximum resolution catered to is 1920px by 1080px. This is usually achieved by using one background image. Upon request, we can have a repeating background pattern instead, which helps with load speed but does not allow for as much design flexibility. We cannot combine methods of using a background image and repeating pattern.

Colors differ from computer to computer, based on individual visitors’ color and monitor settings. Likewise, colors may appear differently when viewed on mobile devices.
Fonts may appear differently from browser to browser, based on browser settings, computer settings, or the due to limitations of the browsers themselves.

Website Hosting – Domain Name Registrars

Web Design Auckland NZ recommends website hosting companies, and domain name registrars, but will not be held liable by the client for issues relating to website hosting companies, domain name registrars, or website functionality.

Web Design Auckland NZ will make all reasonable efforts to ensure website loading speed and up-time is at optimum levels, but will not be held liable by the client for issues relating to server performance or website functionality.

Requests to cancel web hosting and/or domain name registration services must be made in writing directly by you the client to the respective hosting, or domain registrar company.

Development & Maintenance Charges

Charges for services will be provided by Web Design Auckland NZ and are defined in the initial “Website Development Proposal”. All estimates and design shall be based on a written brief supplied by the client or a face to face meeting and agreed to by Web Design Auckland NZ.

Web Design Auckland NZ will accept reasonable change during development. Web Design Auckland NZ will be the sole arbiter of what is deemed to be ‘reasonable’. Changes that Web Design Auckland NZ consider unreasonable may incur additional charges. All web site design services (beyond the Package description) require an advance payment of 33% of the “Website Development Proposal” total before any work is supplied to the Client. The remainder of the invoice total will be due upon completion of the work or a mutually agreed, schedule of payments. Payment for services is due by Cash, Direct Bank Credit or PayPal.

Client Review

Web Design Auckland NZ will provide the Client with an opportunity to review the appearance and content of Web site materials during all development stages. Such materials will be deemed to be accepted and approved by the Client, unless the Client notifies Web Design Auckland NZ in writing or email within seven (3) days. Any design changes requested after approval will be charged @ NZ$50.00/HR and any code changes will be charged @ NZ$50.00/HR.

Payments

Invoices will be emailed by Web Design Auckland NZ upon completion of the work for website design services, graphic design services, photographic services and maintenance services. Website design invoices are due for payment within one week of the date of sending unless otherwise agreed. Accounts that remain unpaid fourteen (14) days after the due date will incur a service charge of two percent (3%) per month of the total due unless otherwise agreed.

Default

Accounts unpaid after the due by date on the invoice will be considered in default unless otherwise agreed. If the Client in default maintains any information or files on Web Design Auckland NZ servers or any third party servers, Web Design Auckland NZ may, at its discretion, remove all such material. Any Client in default of paying invoices will be charged a fee for restoring their website. This restoring fee will be billed @ NZ$50.00/HR for uploading of site’s images, programming and textural content. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Clients in default agree to pay Web Design Auckland NZ reasonable expenses, including lawyer fees and costs for collection by third-party agencies, incurred by Web Design Auckland NZ in enforcing these Terms and Conditions.

Termination

Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. Telephone requests for termination of services will not be honored until and unless confirmed in writing.

Web Site Termination

Upon written notification by the Client to Web Design Auckland NZ of project termination (before the 12 month minimum). Web Design Auckland NZ will action removal of the web site, and all files from the hosting server, Web Design Auckland NZ will require a minimum of 7 days notice.

Standard Content Delivery

Unless otherwise specified in the Proposal for Website Agreement, this Agreement assumes that all text, images and graphics will be provided by the Client in electronic format in a timely manner and that all images and other graphics will be of a sufficiently high standard acceptable to Web Design Auckland NZ. Additional expenses may be incurred and will be invoiced accordingly for corrective work, conversion of media or outside facility charges. Although every reasonable attempt shall be made by Web Design Auckland NZ to return to the Client any images or printed material provided for use in creation of the Client’s Web site, such return cannot be guaranteed.

Design Credit

A link to Web Design Auckland NZ will appear discretely in small type at the bottom of the web site’s pages of the client’s web site unless otherwise agreed.

Access Requirements

If the Client’s Web site is to be installed on a third-party server, Web Design Auckland NZ must be granted read/write access to the Client’s storage directories, and those directories must be accessible via FTP from Web Design Auckland NZ’s FTP software.

Right to Pull

By using the services of Web Design Auckland NZ the Client agrees to give Web Design Auckland NZ “on demand” access to the Client’s installed web site, and further agrees that Web Design Auckland NZ shall have the right to remove that site from public posting for failure to adhere to the terms of this Agreement, including violation of any licensing agreements or failure to pay fees duly assessed.

Post-Placement Alterations

Web Design Auckland NZ cannot accept responsibility for any alterations by a third party occurring to the Client’s web pages once installed. Such alterations include, but are not limited to additions, modifications, or deletions.

Liabilities

You agree that Web Design Auckland NZ will not be liable for any indirect or consequential damages, including but not limited to, loss of profits or for any claim made on the client by any other party, even though Web Design Auckland NZ may have been notified of such damage or claims. We shall not be liable to you for any loss or damage directly or indirectly arising out of or in connection with any delay in delivery of the goods or failure to perform its obligations under this agreement where such delay is caused directly or indirectly by an act of God, armed conflict, labour dispute, civil commotion, intervention of a government, inability to obtain labour, materials, facilities, accidents, interruptions of service, or delay in, transportation or any other cause beyond our control.

You agree to defend, indemnify and hold us harmless from and against any and all claims, losses, liabilities and expenses (including attorneys’ fees) related to or arising out of the services provided by us to you under this agreement, including without limitation, claims made by third parties (including your customers) related to any false advertising claims, liability claims for products or services sold by you, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided hereunder, or for any content submitted by you for publication by us.

Due to the public nature of the Internet, all material submitted by you for publication will be considered publicly accessible. Web Design Auckland NZ does not screen in advance client material submitted to Web Design Auckland NZ for publication. Web Design Auckland NZ’s publication of material submitted by clients does not create any express or implied approval by Web Design Auckland NZ of such material, nor does it indicate that such material complies with the terms of this agreement.

Copyright

All material both text and images supplied by the client and used in the construction of the client’s Web site, will remain the client’s property. All such material will be assumed to be the property of the client and free to use without fear of breach of copyright laws. All software code and images provided as a part of the Web site will remain at all times the property of Web Design Auckland NZ. The client will be granted a single use, single site, source code license to the software code. The client may not sell or redistribute the software code. The client may not use the software code in more than one installation.

Disclaimer

Web Design Auckland NZ makes no warranties of any kind, whether express or implied, for the services it provides. Web Design Auckland NZ also disclaims any warranty of merchantability or fitness for a particular purpose. Web Design Auckland NZ will not be responsible for any direct, indirect or consequential damages which may result from the use of its services including loss of data resulting from delays, non-delivery or interruption in service. The Client acknowledges and agrees that Web Design Auckland NZ cannot guarantee the absence of service interruptions caused by Acts of God or other circumstances beyond its control including, but not limited to, telecommunication problems.

Applicable Law

The Consumer Guarantees Act 1993 may apply to any services we provide to you if you acquire these services for personal, domestic or household use. If this act applies, all rights you may have under it apply in addition to the rights you may have in this agreement. Nothing in this agreement will limit or exclude your rights under this act. Where you acquire or hold yourself out as acquiring our services for the purpose of a business, then you agree that the provisions of the Consumers Guarantee Act 1993 will not apply to our service or the provision of any other services to you. This agreement shall be deemed to be an agreement made in New Zealand and shall be subject to, governed by and interpreted in accordance with the laws of New Zealand.

Non Waiver

Failure by any party to enforce any right or obligation with respect to any matter arising in connection with this contract shall not constitute a waiver as to that matter or any other matter either then or in the future. Any waiver of any right or obligation under this contract shall only be of any force and effect if such waiver is in writing and is expressly stated to be a waiver of a specified right or obligation under this contract.

https://webdesignauckland.nz  (trading as Web Design Auckland NZ) Updated Sept 25th