Terms & Conditions
Terms and Conditions for New Zealand
The Client is engaging Web Connections (a division of WPP Limited- a Limited Liability Company hereinafter referred to as Web Connections), for the specific project of developing a website for The Client’s business. The Client also authorises Web Connections to publicise the completed website to Web search engines, as well as other Web directories and indexes. By accepting these Terms and Conditions and the accompanying Acceptable Use Policy you have agreed to be bound by the Terms and Conditions of the Agreement between Web Connections and you the Client.
2. Website Development
It is understood by The Client that the price listed as the Website Build in this agreement is the full price to be charged for the website development unless the project runs over and above the specifications covered in the Payment Schedule. If the scope of the website development is increased beyond the agreed specification extra cost will be incurred by the Client.
Any additional design changes required will be done at $95 per hour. Approvals can be made verbally or in writing by the Client to Web Connections
Once the website has been built the client will be able to log in and begin to add content to the website through the Content Management System (CMS). Web Connections will provide three hours of training on how to use the CMS (Content Management System). Alternatively, if you prefer, you may provide us with your content to load for you. This will be done at $95 per hour.
3. Updates and Technical Support
This agreement includes 5 minutes of free website maintenance to existing web pages per month, including updating links and making minor changes to images or text. Once the 5 minutes of free updates has been exceeded, the Client will be billed on a pro rata rate of $95 per hour.
A link to Web Connections website will appear in small type at the bottom of the website. The link will simply state, “Website by Web Connections”. This link may not be modified at any time without written consent.
The Client will provide their current logo to be used in the website design by Web Connections. Web Connections will customise the template selected by the Client to match the Clients logo and brand colours. The design and customisation of the website template will be completed at the discretion of Web Connections. The Clients agrees that the website will delivered on this basis and any bespoke design requested by the Client will involve extra cost.
Web Connections reserves the right to assign subcontractors to this project if necessary.
In no event will Web Connections be liable to The Client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or web site, even if Web Connections has been advised of the possibility of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
8. Copyrights and Trademarks
The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork provided to Web Connections for inclusion in web pages are owned by The Client, or that The Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Web Connections and its subcontractors from any claim or suit arising from the use of such elements provided by The Client.
9. E-Commerce Laws
From time to time the government entities enact laws and levy taxes and tariffs affecting Internet electronic commerce. The Client agrees that The Client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Web Connections and its subcontractors from any claim, suit, penalty, tax, or tariff arising from The Clients exercise of Internet electronic commerce.
Ownership of the finished website produced by Web Connections will be passed to The Client upon completion of contract and payment in full. The Client owns all rights to use the design, graphics and text contained in the finished assembled web site. Rights to source code, work-up files, and computer programs are specifically not transferred to The Client, and remain the property of their respective owners. Web Connections and its subcontractors retain the right to display graphics and other design elements as examples of their work in their respective portfolios. Any deposit paid to Web Connections is non refundable.
11. Sole Agreement
The agreement contained in this “Website Development Agreement” constitutes the sole agreement between Web Connections and The Client regarding this website. Any additional work not specified in this contract must be authorised by a written change order. All prices specified in this contract will be honoured for three (3) months after both parties sign this contract.
13. Content for Website
All content being text and images shall be added to the website by the Client once the website has been completed.
Web Connections can upload content on behalf of the Client for an additional fee, quoted on request, if required. If Web Connections as part of this agreement is responsible for uploading content then all content must be provided in a suitable format and by the date specified by Web Connections.
A web page consists of images and text of approximately 500 words per web page. Web pages of more than 800 words of text may be subject to additional fees for increased formatting work.
14. Domain Names
14.1. The contract for the registration of domains is between the customer and the appropriate Naming Authority. Web Connections cannot guarantee that customers will be able to register any requested name and until customers have been given specific confirmation of registration they cannot assume that registration has been affected.
14.2. The responsibility for ensuring that the customer’s choice of domain name does not infringe the rights of a third party lies with the customer. The customer agrees to defend, indemnify and hold harmless Web Connections against liabilities arising in respect of any such infringements.
If a Domain name is purchased by the Client through a company other than Web Connections, the Client has full responsibility in making sure the domain name is renewed when due. Web Connections will not be responsible for a website being live should the fault lay with a domain issue when Web Connections does not manage that clients domain name(s).
15. Website Application, Framework, & Library Version Control
The open source framework or open source code library that Web Connections will use to develop your website will be chosen for its best fit with your project requirements. Web Connections will use the latest version of the framework or code library that is available or may choose to use a previous version if it is thought that the latest release is not stable enough or is not supported by enough third party extensions. Web Connections can upgrade your framework or library for you to the latest version but this will be charged at normal hourly rates.
This agreement between Web Connections is for 24 months and thereafter the client can choose to renew the contract on a month-by-month basis. If they wish to cancel any services they must give 30 days prior written notice to Web Connections
Should the client make a late payment of the monthly hosting fee Web Connections reserves the right to charge a $25 administration fee should the payment be late by 7 or more days.
Where images used on the website have been purchased by Web Connections on behalf of the Client, these images are strictly for use on the website only. Web Connections are not liable for misuse of these images by the Client or any other person’s copying, altering or distributing the images to individuals or other organisations.