Terms & Conditions
By purchasing services from MSK Consulting T/A webdesignroom.co.nz you as the client are agreeing to the following terms and conditions:
Authorization
As the client, you are engaging MSK Consulting T/A webdesignroom.co.nz as an independent contractor for the specific purpose of designing and/or improving a website to be published on your account with a hosting service using a URL address purchased and registered by you the client.
The client agrees that for purposes of venue, this agreement was entered into Auckland, New Zealand and any dispute will be litigated or arbitrated in Auckland, New Zealand. The client hereby consents to the personal jurisdiction of the Auckland, New Zealand Courts and waives any right to or claim of sovereign immunity.
Payment
An initial 50% of the total project cost is due at the start of the project, with the remaining balance due upon acceptance of the design/layout. All payments are non-refundable upon receipt. There are no exceptions.
For projects under $1,000.00 MSK Consulting T/A webdesignroom.co.nz requires 100% of total payment up front before starting on the project. All amounts are in New Zealand Dollars ($NZ) and made through credit card (Visa, MasterCard) or PayPal.
Project Completion
MSK Consulting T/A webdesignroom.co.nz and the client must work together to complete the web design project in a timely manner to an agreed deadline.
The client agrees to make available as soon as is reasonably possible to MSK Consulting T/A webdesignroom.co.nz all materials required to complete the site to the agreed standard and within the set deadline. MSK Consulting T/A webdesignroom.co.nz will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
MSK Consulting T/A webdesignroom.co.nz agrees to work expeditiously to complete the web design project no later than 90 days after client has submitted all necessary materials. If the client does not supply MSK Consulting T/A webdesignroom.co.nz with complete text and graphic content for this web design project within 45 days of the date this agreement was signed, the contact is void and any deposits are forfeited.
Project Delay
If circumstances change and you need to put your project on hold, we will honour the price quoted to you for a period of 90 days from your estimated start date. After 90 days, your project will need to be reassessed at current rates. If you decide not to proceed, all deposits are forfeited and any graphics, layouts or mock-ups will remain the property of MSK Consulting T/A webdesignroom.co.nz.
Project Correspondence
Once payment has been received and the design of your website has commenced, you must be available by e-mail to answer all questions and complete tasks daily throughout the design process. 99% of all correspondence will be via e-mail - not by phone, fax, post, or personal meetings.
Post Project Support
You will receive e-mail support for 45 days after your site has been turned over to you. You are encouraged to use this time to load your products and process several test orders if applicable to become familiar with the functionality of your site. After the 45 day period, there may be a charge for hourly support depending on the frequency and complexity of your questions.
Any claims for defects must be made by the client in writing within 15 days after project delivery. Failure to make such a claim within the stated period of time shall constitute acceptance of the project as delivered and any subsequent requests for changes will be charged at our normal hourly rate.
Authorization
As the client, you authorize MSK Consulting T/A webdesignroom.co.nz to install any scripts, software or programs relevant to the web design project and to access your website account through your hosting service panel and FTP. You will provide MSK Consulting T/A webdesignroom.co.nz with the login information and passwords necessary to access your website if you are not hosting on our server.
Assignment
MSK Consulting T/A webdesignroom.co.nz reserves the right, and you hereby agree, to assign subcontractors to this web design project to insure that the terms of this agreement are met as well as on-time completion.
Credit and Usage
All graphics, illustrations, and layouts are intended for the specific project only. All work done by MSK Consulting T/A webdesignroom.co.nz may not be used by anyone else but the specified client on the domain for which it was originally designed. All preliminary mock-ups to include graphics, layouts, etc., which are not selected by the client remain the full property of MSK Consulting T/A webdesignroom.co.nz and may be used in future projects for other clients.
MSK Consulting T/A webdesignroom.co.nz retains all rights to display artwork in portfolios, advertising materials, and E-mail testimonials may be posted on www.webdesignroom.com.
All website designs by MSK Consulting T/A webdesignroom.co.nz require a text link back to www.webdesignroom.com unless other arrangements have been made. The client guarantees that links back to www.webdesignroom.co.nz will remain in place until such time as that website design is no longer published on the Internet. Removal of this link is in violation of this agreement and subject to breach of contract.
Copyrights and Trademarks
The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to MSK Consulting T/A webdesignroom.co.nz for inclusion in the web design project are owned by the client, and/or that the client has obtained permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend MSK Consulting T/A webdesignroom.co.nz and its subcontractors from any liability (including attorney's fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the client.
Website Optimization
Due to external factors, such as changes to the way search engines rank websites, we cannot offer any guarantees regarding the position we will achieve for websites. The process of optimizing websites itself will bring in more traffic and hits and you'll see visits increase to your site naturally. We cannot accept liability for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.
We use 'white hat techniques' when optimizing websites and always aim to achieve a top ten ranking for your website within six months of undertaking the optimization process. Due to the work involved payment is generally required in advance and we are unable to offer a guarantee or refund to clients in relation to this type of work.
MSK Consulting T/A webdesignroom.co.nz reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.
Web Hosting
The client understands that any web hosting services require a separate contract with a web hosting service. The client agrees to select a web hosting service which allows MSK Consulting T/A webdesignroom.co.nz full access to the website via FTP.
MSK Consulting T/A webdesignroom.co.nz offers web hosting services upon request, for which the following points apply. The client acknowledges that web hosting services are provided off-site and any downtime cannot be anticipated, nor can MSK Consulting T/A webdesignroom.co.nz be held responsible for down time of your web site related to web hosting issues. MSK Consulting T/A webdesignroom.co.nz will provide the client with full customer support for provided hosting related issues during regular business hours.
MSK Consulting T/A webdesignroom.co.nz reserves the right to terminate hosting services if payment for hosting is not made yearly or monthly, depending on the hosting package selected by the client, within 14 days of the due date. Upon termination, all website files and images will be removed from the server. MSK Consulting T/A webdesignroom.co.nz is not liable for any loss or damage to data caused by server downtime or other unforeseeable events. MSK Consulting T/A webdesignroom.co.nz will keep a copy of all original files for client sites for (1) year after completion, however, it is the client’s responsibility to back up their website regularly.
Ownership
Ownership of final artwork designed by MSK Consulting T/A webdesignroom.co.nz on behalf of the client will be transferred to the client upon final payment, unless otherwise specified by MSK Consulting T/A webdesignroom.co.nz. This does not include code or software. Copyright on all software and code remains the property of MSK Consulting T/A webdesignroom.co.nz.
Electronic Commerce Laws
The client agrees that the client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the web design project or any other services contemplated herein, and will hold harmless, protect, and defend MSK Consulting T/A webdesignroom.co.nz and its subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the client's exercise of internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.
Liability
Any service purchased from MSK Consulting T/A webdesignroom.co.nz is provided 'as is' without warranty of any kind that the web design project will be uninterrupted or error-free. In no event will MSK Consulting T/A webdesignroom.co.nz be liable to you or any third party, on any legal theory for any direct, indirect, special, incidental, punitive, exemplary or consequential damages arising out of the use of any MSK Consulting T/A webdesignroom.co.nz service, graphic, code, use of any hosting service, service provider, telecommunications carrier, internet servers, third party e-commerce programs, or your site visitor's computer or internet software, including, without limitation, service interruptions caused by Acts of God and/or Nature, or any other circumstances beyond our reasonable control, any lost profits, business interruption, loss of data or otherwise, even if expressly advised of the possibility of such damages.
Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the services shall be limited to the charges paid by you in respect of the services, which are the subject of any such claim.
In any event no claim shall be brought unless you have notified us of the claim within 6 months of it arising. In no event shall we ever be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
Confidentiality
All correspondence and documents provided will be treated as confidential between the client and MSK Consulting T/A webdesignroom.co.nz.
These terms and conditions supersede all previous representations, understandings or agreements. Terms are subject to change. 10 January 2010.