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Webpackages.co.nz | Terms of Trade
1. THE AGREEMENT 1.1. Webpackages.co.nz shall perform the services as described in the attached documents. To work with Webpackages.co.nz the Client will need to sign this agreement below. 1.2. In providing the Services as described in the attached documents, Webpackages.co.nz shall exercise the degree of skill, specialised knowledge, care and diligence normally expected of a competent professional. 1.3. The Client shall provide to Webpackages.co.nz , free of cost, as soon as practicable, following any request for information, all information in his or her power to obtain which may pertain to the Services as described in the attached documents. Any information provided to Webpackages.co.nz to use in accordance to the services as described in the attached documents are free from any copyright issues in other words it is the clients responsibility to make sure the documents and/or images can be used without attracting any copyright infringements. 2. FEES & PAYMENTS 2.1. Unless we state otherwise, our hourly rate, rates for revisions, updates and/or changes are billed at $80.00 + G.S.T per hour. Our hourly rate is calculated on a time attendance basis (using 15 minute time recording units) These charge rates are, however, subject to review at any time. 2.2. All expenses incurred in respect of the services as described in the attached documents and/or brief will be charged, irrespective of whether the works or services proceed or are completed. Therefore should the client change their mind or no longer wish to use the products or services we have created, Webpackages.co.nz reserves the right to recover the costs of time & materials incurred up until that point. 2.3. Our invoices must be paid within 7 days of the invoice date unless an agreement is reached prior to work commencing. 2.4. Any outstanding invoice will incur an administration fee of 2.5% per month on the overdue amount, until paid in full. 2.5. Webpackages.co.nz reserves the right to refer any outstanding accounts onto a collection agency or other third party. If we have to spend any money on collecting or attempting to collect, any overdue amount(s) ('collection costs') the client will incur all associated fees, commissions and costs associated with this. 2.6. In the event of a dispute arising in respect to any aspect of this agreement, or in respect of any services provided by Webpackages.co.nz , the following dispute resolution process will apply: 2.6.1. Any dispute must be raised in writing as soon as practicable but no later than thirty days after the matter in the dispute becomes known to the party raising the dispute. 2.6.2.Where a dispute is raised, the parties will work together in good faith to resolve the dispute. 2.6.3. If, within fourteen days of the dispute being raised in accordance with clause (a) above, the dispute remains unresolved, either party may thereafter exercise any legal remedies available to them in order to resolve the dispute. 2.6.4. To avoid doubt, any dispute irrespective of amounts owed to Webpackages.co.nz must be promptly raised. 2.7. All monthly instalments where applicable must be made via automatic payment (AP). We do not accept cheques, therefore all payments must be made electronically via internet banking. 2.8. If any payment is missed for any month, the missed payment must be added to the following month’s payment. Administration charges will apply. 2.9. If no payment is received for more than 2 months, the website, eMail, hosting and/or any other service covered by this contract will be suspended until full payment of the outstanding amount is made. 3. NON DISCLOSURE 3.1. The Client agrees to disclose Confidential Information to Webpackages.co.nz subject to the terms of this agreement. 3.2. Webpackages.co.nz must keep the Client’s Confidential Information secure and protect the Information from unauthorised use, disclosure, access, damage or destruction. 3.3. The Client agrees to keep all pricing & information contained within the attached documentation confidential at all times. 4. ARTWORK & FILES 4.1. Unless otherwise agreed, and where applicable, all artwork will be supplied in the requested or appropriate format as specified by the Client. 4.2. A CD or DVD of artwork and files will be supplied on receipt of final payment for the Services. 5. COPYRIGHT & INTELLECTUAL PROPERTY 5.1. Webpackages.co.nz retains and reserves the rights to use any and all content developed by us regardless of ownership, for display and self-promotional purposes. 5.2. Webpackages.co.nz shall retain intellectual property/copyright on all drawings, designs, computer code and other documents prepared by Webpackages.co.nz during the creative process where applicable. The final artwork supplied is owned and copyright held by The Client once paid for in full, who shall be entitled to use them or copy them only for the Works and the purpose for which they are intended. The ownership of data and factual information collected by Webpackages.co.nz and paid for by the Client shall, after payment by the Client, lie with the Client. 5.3. All computer code written by Webpackages.co.nz remains the property of Webpackages.co.nz . 5.4. Webpackages.co.nz provides no guarantee of copyright to the Client. The Client assumes responsibility of obtaining Trademark or Copyright of any material created by Webpackages.co.nz . Webpackages.co.nz assumes no liability in the event that the Client is unable to obtain Trademark or Copyright of said material for any reason. 5.5. Webpackages.co.nz shall not, without the Client’s prior consent, use information provided by the Client for purposes unrelated to the Services. 5.6. In providing the information to Webpackages.co.nz the Client shall ensure compliance with the Copyright Act 1994 and its amendments and shall identify any proprietary rights that any other person may have in any information or artwork provided. 5.7. Webpackages.co.nz shall not be held liable in any circumstance where information or artwork has been supplied which is knowingly protected by copyright, and that copyright has not been acknowledged by the Client. 6. SOFTWARE 6.1. Where 3rd-party, open-source software is supplied, it is understood that prices quoted are strictly for the setup and administration of such software, NOT the sale of such software. 7. WEB PACKAGES 7.1. Our web packages are offered with 12 months hosting & domain name included in the quoted price. Once this 12 months has lapsed, the Client will be invoiced directly by either Webpackages.co.nz or the 3rd-party provider of any applicable services. The amounts will be advised in the design brief overview. 7.2. An additional charge rate of $80 + G.S.T per hour will apply to any work outside the scope of the attached quotation & design brief. Any additional work will be outlined and quoted for prior to any tasks commencing. 7.3. Full payment for the website packages must be made prior to the website being put live on the internet. An invoice will be issued at the revision stage and it is expected that both revisions to be performed by Webpackages.co.nz and payment by the Client will be made within 7 working days of the revision date. 7.4. No work shall commence until we receive all required information as outlined in the project overview. 8. WARRANTY OF ORIGINALITY 8.1. Webpackages.co.nz warrants and represents that, to the best of its knowledge, the work assigned hereunder is original and has not been previously published, or that consent for its use has been obtained on an unlimited basis and that all work or portions thereof obtained through the undersigned from third parties is original or if previously published, that consent to use has been obtained on an unlimited basis; that Webpackages.co.nz has full authority to make this agreement; and that the work prepared by Webpackages.co.nz does not contain any scandalous, libelous, or unlawful matter. This warranty does not extend to any uses that the Client or others may make of Webpackages.co.nz ’s product which may infringe on the rights of others. CLIENT EXPRESSLY AGREES THAT IT WILL HOLD Webpackages.co.nz HARMLESS FOR ALL LIABILITY CAUSED BY THE CLIENT's USE OF Webpackages.co.nz ’S PRODUCT TO EXTENT SUCH USE INFRINGES ON THE RIGHTS OF OTHERS. 9. LIMITATION OF LIABILITY 9.1. Client agrees that it shall not hold Webpackages.co.nz or its agents or employees liable for any incidental or consequential damages which arise from Webpackages.co.nz 's failure to perform any aspect of the Project in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of Webpackages.co.nz or a third party. Furthermore, Webpackages.co.nz disclaims all implied warranties, including the warranty of merchantability and fitness for a particular use. 10. DISCLAIMER 10.1. No guarantees expressed or implied can be given on results due to the dynamic nature of internet visitors, trends, search engine algorithms and/or market demand.
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