These are the standard terms and conditions for Website Design and Development and apply to all contracts and all work undertaken by WOW IT LIMITED for its clients.
You pay for your On-Going Website Support Plan in advance each month by automatic payment from a nominated bank account or credit card.
If you choose to pay by credit card, any fees charged for the transaction by your credit card provider will be deducted from your credit card at the same time as your regular payment.
If a payment day is a not a Working Day, we will debit your account on the next working day. Depending on your bank, payments may take up to 5 Working Days to be processed. Please ensure you have allowed for this possibility by making sure there is enough money in your nominated account for up to 5 Working Days following your payment day.
If your bank or credit card provider does not allow a payment, such as where your account does not have enough money in it or you are over your credit limit, we will first ask you to pay.
If you do not pay us, we will debit the payment to your nominated account or credit card again, with any other service fees you owe, on or before the next payment day. We will also charge you any transaction and administration fees that we may incur as a result of your nonpayment.
If payment is declined, there will be a $20 fee applied to your account.
You are responsible for:
Making sure that your nominated account is set up for Automatic payments or Direct Credit;
Making sure there is enough money in your nominated account on the payment day and up to 5 Working Days following your payment day.
letting us know if you decide to change your bank and/or nominated account prior to any change being made;
letting us know if you decide to change your credit card or your credit card provider prior to any change being made and;
One – off Payment: You can choose to pay upfront cost for website design and development work (which will include cost of Web hosting, Domain name and development hours). A 50% deposit of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the website design and development work. The remaining 50% shall become due when the work is completed to your reasonable satisfaction but subject to the terms of the “approval of work” and “rejected work” clauses. We reserve the right not to commence any work until the deposit has been paid in full. The 50% deposit is only refundable if we have not fulfilled our obligations to deliver the work required under the agreement.
OR
Pay as you go: You can choose a 24 months’ minimum term for website design and development work, in which early termination charges may apply otherwise stated. Please note that the early termination charges may vary depending on the amount of upfront development work and\or purchase of any software\plugins to build your website. The cancellation may also incur disconnection of your website.
Pay as you go: You can choose a 24 months’ minimum term for website design and development work, in which early termination charges may apply otherwise stated. Please note that the early termination charges may vary depending on the amount of upfront development work and\or purchase of any software\plugins to build your website. The cancellation may also incur disconnection of your website.
Either party will have the right to terminate the contract by giving at least 30 days’ notice in writing to the other party to expire at the end of the initial 24 months’ period or at any time after that.
You may obtain details of any early termination by contacting WOW IT Support representative.
You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount. Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.
On completion of the work you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the 50% balance of the project price will become due.
If you reject any of our work within the 7-day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.
You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks, or any other material that you supply to us to include in your website or web applications. You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.
Once you have paid us in full for our work we grant to you a license to use the website and its related software and contents for the life of the website (only applicable if you choose to pay upfront cost).
We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimisation according to current best practice.
We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of WOW IT LIMITED under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.
We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.
You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, and domain name registration, web hosting or comparable expenses.
We can supply your account credentials for domain name registration and/or web hosting that we purchased on your behalf when you reimburse us for any expenses that we have incurred (only applicable if you choose to pay upfront cost).
By using current versions of well supported content management systems, we endeavor to ensure that the web sites we create are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.
You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify WOW IT and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.
These terms and conditions and the relationship between you and WOW IT shall be governed by and construed in accordance with the Law of New Zealand. WOW IT LIMITED and you agree to submit to the non-exclusive jurisdiction of the Courts of New Zealand. In signing this website support agreement, you confirm that the charges have been fully explained to you.