NZ Web Services Web Site Design Terms and Conditions
NZ Web Services 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 in order to protect both parties.
By undertaking a Web site design project with NZ Web Services, you (The Client) are agreeing to the following terms and conditions.
Duration of contract:
There is a minimum 24 month contract and a fee will incur if cancelled sooner.
All prices are quoted exclusive of GST. GST is payable by New Zealand residents, this cost does not apply to overseas orders.
Terms of Payment
Design & Hosting Package Payments
50% deposit and balance is to be paid by the 20th EOM unless by prior agreement. Monthly Fees can be monthly, quarterly or annually as agreed by both parties. Monthly payments must be made on the first of the month by direct debit. If payments fall behind, the website will be disabled until payment is received. Unpaid accounts will incur late payment fees and collection costs. Prices are subject to change without prior notice.
Maintenance and Enhancements
NZ Web Services provide maintenance and enhancement services for its clients within the chosen packages; however any maintenance or updates that are outside the plan you are paying for will incur extra fees depending on the scope of the work.
Assignment and Delegation
We may subcontract the performance of any of our responsibilities under this contract to another party with the clients consent but will maintain our right and responsibilities to the client. NZ Web Services takes full liability for all work that is subcontracted to another party by NZ Web Services.
Relationship of the Parties
The parties intend that an independent contractor relationship will be created by this contract, and that no partnership, joint venture or employee/employer relationship is intended or implied.
The project will be run according to the NZ Web Services Web Site Project Process. We will endeavour to work within the time frames scheduled if any, provided you supply us with: Copy, information, logos, designs, graphic and related materials to be incorporated into the web solution well before the set time. Please note: Any content that must be created by NZ Web Services will incur extra fees depending on the scope of the work.
All material including text, images and code supplied by the client and used in the construction of the client’s website, 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. The copyright for any material created by NZ Web Services, such as graphics, photographs and text, but excluding software code, will remain the property of NZ Web Services until such time as payment has been made in full whereupon they will become the property of the client.
Confidentiality and Nondisclosure
NZ Web Services agrees to hold confidential or proprietary information or trade secrets (“confidential information”) in trust and confidence and agrees that it shall be used only for the purposes of the web site project, shall not be used for any other purpose, or disclosed to any third party. No copies will be made or retained of any written information or prototypes supplied without the permission of The Client. At the conclusion of any discussions, or upon demand by The Client, all confidential information, including prototypes, written notes, photographs, sketches, memoranda or notes taken shall be returned to The Client. Confidential information shall not be disclosed to any employee, consultant or third party unless they agree to execute and be bound by the terms of this Agreement, and have been approved by NZ Web Services and The Client. This Agreement and its validity, construction and effect shall be governed by the laws of New Zealand.
The Client agrees that NZ Web Services 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 NZ Web Services may have been notified of such damage or claims. We shall not be liable to The Client 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 or manufacturing facilities, accidents, interruptions of, or delay in, transportation or any other cause beyond our control.
The Client agrees 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.
If, despite the other provisions of this agreement, NZ Web Services is found to be liable to The Client then its liability for any single event or series of related events is limited to the Fees. Due to the public nature of the Internet, all material submitted by The Client for publication will be considered publicly accessible. NZ Web Services does not screen in advance customer material submitted to NZ Web Services for publication. NZ Web Services publication of material submitted by customers does not create any express or implied approval by NZ Web Services of such material, nor does it indicate that such material complies with the terms of this agreement.