Terms of Trade
These terms, apply to all Services that we (GreatWebsites.co.nz) provide to you anytime whether now or in the future. These always apply except when we have expressly stated otherwise in writing.
Services
We may provide you with website development services and/or hosting and any additional services (collectively referred to as “the Services”) as follows:
Website Design and Development Services
Before commencing any project, we will agree with you a complete site specification, and provide a quotation that includes details of the proposed services including specifications for any website, pricing and other details.
You agree to make materials required (information, logo’s, photographs and other resources as may be required) available in a timely manner so as to enable GreatWebsites.co.nz to fulfill the quotation in a timely manner.
We will, to the best of our ability, deliver the website development services to you as per the agreed quotation.
Hosting Services
We will provide consistent and reliable hosting services to you in as per our quotation.
Our network is supported by an experienced team, housed in a state of the art data centre using the latest in hardware and software to bring you performance and stability in a constantly changing industry. We provide 99.9% uptime with tried and tested failover and data recovery.
Project Changes
Sometimes projects require changes which weren't expected at the outset or you may request changes to the services originally quoted. This can involve less or more cost to you. If this happens, we will both try and agree upon a variation (including a price variation) to the quotation. If we cannot agree, the services will continue in accordance with the quotation.
Intellectual Property
We need to be able to use our intellectual property for more than one client. Therefore, except for any intellectual property (information supplied, photographs, logo’s) belonging to you, the client, GreatWebsites.co.nz and its suppliers own all intellectual property in the website and associated documentation and software.
We also understand that you are paying for a fully functional website, and need to be able to use it. So, after you have fully paid for the website development services, you will be granted a personal, non‑exclusive, non‑ transferable license to use GreatWebsites.co.nz intellectual property in the manner anticipated in the Quotation. We warrant that we have the right to grant you a license to use the services in the manner anticipated in the quotation.
Disclaimer of Liability/ Indemnity
You agree to defend, indemnify and hold GreatWebsites.co.nz harmless from and against any and all claims, losses, liabilities and expenses (including attorney's fees) related to or arising out of the services provided by GreatWebsites.co.nz to you under this agreement, including without limitation claims made by third parties (including customers of yours) 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 GreatWebsites.co.nz, but excluding those related to the negligence of GreatWebsites.co.nz.
Confidential Information
GreatWebsites.co.nz agrees to maintain the confidentiality of confidential materials and information (hereinafter referred to as "Confidential Information") of it’s clients that GreatWebsites.co.nz learns or has access to due to its acceptance of the client’s exclusive consultations and services, and shall take various security measures designed to maintain such confidentiality; without the prior written consent of the client, GreatWebsites.co.nz shall not disclose, give or transfer such Confidential Information to any third party.
Upon the termination of this Agreement, GreatWebsites.co.nz shall return any document, material or software that contains such Confidential Information to The client at the client’s request, or shall destroy same on his own and shall delete any Confidential Information from the relevant memory devices and shall not continue to use such Confidential Information.
The parties agree that this section shall survive changes to, rescission or termination of this Agreement.
Payment
- Website Development Services
We will invoice you for a 50% deposit before commencing and then progress payments and completion of the Website Development Services in accordance with the terms of the Quotation. - Hosting Services
We will invoice you for any hosting and additional services monthly in advance, commencing 30 days after the delivery of the website prototype to you. - All charges are in New Zealand dollars and are exclusive of all taxes and duties.
- You agree to pay all invoices within 7 days of the invoice date.
If you do not pay on time we may, at our option:
- suspend the Services;
- terminate the agreement;
- refer your account to our debt collection agency; and/or
- charge you default interest at a rate of 18% per annum until the actual date of payment of all amounts (including default interest).
From time to time we may need to amend the charges for Hosting Services and any other additional services supplied by us. Any such change will take effect from the beginning of the next calendar month after the month we give you notice of the change. Your continued use of the Services after that date will constitute your acceptance of those changes.
Suspension of Services
If you do not meet all of your responsibilities under this Agreement, we may suspend the provision of services to you without prior notice.
Termination
Either of us may terminate this Agreement by providing written notice to the other party if the other party has either:
- entered into receivership or liquidation or entered into a composition with its creditors; or
- breached a term of this Agreement and failed to remedy such breach after written notice allowing at least 30 days to remedy the breach.
- You may also terminate this Agreement by providing us with one month's written notice at any time after 12 months have elapsed since the delivery of the operational website to you.
- We may also terminate this Agreement on the occurrence of any of the following events:
- non payment or late payment of invoices, with the exception of any amounts that are the subject of a genuine dispute and which you have previously notified us in writing as being in dispute; or
- if in our reasonable opinion, you are using the Services for any unlawful purpose; or
- if you fail to comply with a legal requirement of any of our Carriers concerning your use of the Services.
- if you breach any of your obligations under this agreement and do not remedy such breach (if the breach is capable of being remedied) within 14 days of receiving a notice from us advising you that you are in breach.
Upon termination any amounts owing by you to us under this Agreement must be paid immediately and we may be regarded as discharged from any further obligations under this Agreement.
Marketing
You agree that we may:
- Include a reference on the bottom of your pages (or equivalent) of the website, crediting the design, development and hosting of the website to GreatWebsites.co.nz and
- List you on our marketing materials, including on our website.
Your Information
You agree that for the purposes of this Agreement and the performance of our obligations under the Quotation, we may collect information about you. This information may be collected from you and from others.
We will give you access to and, at your request, correct any information we hold about you.
With the exception of any Confidential Information, you agree to allow us to use the information we hold about you and may exchange this information with our contractors, agents, representatives, Carriers, and with credit reporting and debt collection agencies.
You consent to us contacting a credit reporting agency to obtain information about you for the purposes of assessing:
- any application for credit; or
- collection of overdue payments.
Compliance with Law
You will use the services offered by GreatWebsites.co.nz in a manner consistent with all applicable local, state and federal laws and regulations.
File Back-up
While GreatWebsites.co.nz maintains daily file back up, GreatWebsites.co.nz is not responsible for your files residing on GreatWebsites.co.nz servers. You are solely responsible for independent back-up of data stored on GreatWebsites.co.nz servers.
Prohibition of Publication of Certain Material
You may not submit to GreatWebsites.co.nz for publication any of the following material (including pictures, links, or any other content):
- any material which violates or infringes any copyright, trademark, trade secret, patent, statutory, common law or other proprietary rights of others;
- any material that is libelous or slanderous;
- any material which is or contains anything obscene, pornographic , or offensive including links to such material; or
- distribution lists to be used via unsolicited electronic mail or other mass electronic mailings.
Due to the public nature of the Internet, all material submitted by you for publication will be considered publicly accessible. GreatWebsites.co.nz does not screen in advance Client's material submitted for publication. GreatWebsites.co.nz 's publication of material submitted by you does not create any express or implied approval by GreatWebsites.co.nz of such material, nor does it indicate that such material complies with the terms of this Agreement.
Disclaimer of Warranties
GreatWebsites.co.nz’s service is provided on an "as is, as available" basis. GreatWebsites.co.nz specifically disclaims any other warranty, express or implied, including any warranty of merchantability or fitness for a particular purpose. In no event shall provider be liable for any consequential, indirect, special or incidental damages, even if GreatWebsites.co.nz has been advised by client of the possibility of such potential loss or damage. If GreatWebsites.co.nz 's service to client is disrupted or malfunctions for any reason, GreatWebsites.co.nz shall not be responsible for losses of income due to disruption of service, beyond the fees paid by client to provider for services, during the period of disruption of malfunction.
Governing Law/Venue
This Agreement shall be governed by the laws of New Zealand.
Taxes
If any federal, state or local governmental entity with taxing authority over the services provided under this Agreement imposes a tax directly on the services provided by Provider to Client under this Agreement (excluding any income, business and occupation, capital gain, death or inheritance, or other indirect taxes), then Provider may pass the direct amount of such cost on to Client, and Client shall promptly pay such cost.
IP Addresses
Provider maintains control and any ownership of any and all IP numbers and addresses that may be assigned to Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.
Powered by Evolo CMS