Terms of Service

Validity

Any quote provided by WEBSITES NEW ZEALAND is valid for 30 days from publication, unless otherwise stated.

Payment Terms

Any quote provided by WEBSITES NEW ZEALAND is valid for 30 days from publication, unless otherwise stated.

Scope of Work

WEBSITES NEW ZEALAND shall perform for Client those services and deliver to Client those items listed in the Quotation of Costs and Services. Anything that is not listed therein is not included and is nor implied to be included.

Website Development

STANDARD delivery is 14 days upon receipt of completed client profile & payment, subject to; (excl. ecommerce)

a.       content (copy) being uploaded within 48 hours of purchase

b.       domain UDAI is received within 24 hours of purchase

c.       images are supplied hi-res, min 1920\px x 1080px hero image- body images min 800 x 800 px

d.       contact email & social links supplied within 3 days of purchase

EXPRESS delivery is 3 days upon receipt of completed client profile & subject to; (excl. ecommerce)

a.       content (copy) being uploaded within 6 hours of purchase

b.       domain UDAI is  received within 6 hours of purchase

c.       images are supplied hi-res, min 1920\px x 1080px hero image- body images min 800 x 800 px

d.       contact email & social links supplied within 1 days of purchase

eCOMMERCE delivery is 30 days (up to 60 products) upon receipt of completed client ecommerce profile & subject to; N.B will build a woo-commerce compatible form for products

a.       product images are supplied hi-res, min 600px x 600px within 3 days of purchase

product form is submitted within 3 days

Products & Services Provision

Were components of the project are provided cost free for a period of time. 30 days before the anniversary of that period, WEBSITES NEW ZEALAND will send an invoice for the renewal of services at the current market rate, for the same period as advertised by WEBSITES NEW ZEALAND.

Disbursements

Quotation excludes costs related to on-site assistance of configuration. Where additional travel and/or accommodation expenses are anticipated to provide service to your site, authorization will be sought from the customer, prior to the incurring of costs.

Out of Scope & Variation of Quote

Where a delivery or function has been detailed as out of scope a separate quote is required from WEBSITES NEW ZEALAND and is not covered within this project. Where this scope changes, a revised quotation reflecting any amendments will be provided for your approval.

Assignment of Project

WEBSITES NEW ZEALAND may from time to time require specialist skills to complete your project and therefore reserves the right to assign subcontractors to this project to ensure timely completion.

Copyrights & Trademarks

WEBSITES NEW ZEALAND and unconditionally guarantees that any elements furnished to WEBSITES NEW ZEALAND for the inclusion or completion of this project 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 WEBSITES NEW ZEALAND and its subcontractors from any clime or suit arising from the use of those materials

Legal & License

WEBSITES NEW ZEALAND warrants that the development and configuration provided within this project is of sufficient quality to meet the defined requirements and will be reasonably error free. The entire risk to the quality and performance of this project is with the client. In no event will WEBSITES NEW ZEALAND be held liable to the client or any third party for any damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate the applications provided with in this project, even if ARQ WEBSITES NEW ZEALAND has been advised of the possibility of such damages. If any provision of this agreement shall be deemed 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 or any remaining provisions.                                

Omissions Excluded

WEBSITES NEW ZEALAND shall perform the services listed in the Quotation of Costs and Services section. Unless listed within the Quotation of Costs and Services, client is responsible for all copywriting, assets necessary for the campaigns. And all associated Client content used in funnel, courses, product or services.

Delays Do Not Affect Payment Timeline

Client Delays: If Client, delays project timeline, the timeline for payments due will NOT be affected as this is a Client delay, not Consultant delay.          

Limted Revisions: Expiration

Expiration: All revisions, used or unused, expire within 10 calendar days from date of project completion

Limited Warranty: Client Changes

Lmited warranty is voided if Client makes changes or alterations to the work completed by WEBSITES NEW ZEALAND.

Limited Warranty: Technology

Warranty does not cover technological factors including, but not limited to software compatibility, SAAS updates, API integrations or features that are no longer supported by owner of technology (such as plug-ins or features in software and/services).

Non-Solicitation

The parties mutually agrees that during the term of this Agreement, and for a period of one (1) year following the date of termination of this Agreement, neither shall, directly or indirectly, solicit any individual (“Personnel”), to leave their employment or engagement with the other party. In the event of a default of this Section by one party the defaulting party agrees to compensate the other party in an amount equal to one hundred percent (100%) of such Personnel compensation for the first year of engagement or employment by the defaulting party 

Sales Final and Non-Refundable:

All forms of payment should be made out to WEBSITES NEW ZEALAND Limited. WEBSITES NEW ZEALAND puts a great deal of time and resources into every client’s project even before the projects officially start. To ensure our staff and Client is committed to the agreed upon terms, all services purchased by Client are non-refundable and all sales are final

Carrying Fee:

In the unfortunate circumstance of a balance being owed to ARQ CRITERION LTD, TRADING AS WEBSITES NEW ZEALAND, there will be a monthly Carrying Fee charged to the outstanding balance in the amount of 3% per month.

Election to Terminate

WEBSITES NEW ZEALAND may suspend services at any time that Client is in arrears or has refused to pay amounts due under this Agreement. In such event, fees will continue to accrue as set forth herein. Further, under those circumstances, WEBSITES NEW ZEALAND may also elect to terminate this Agreement at its option.

Dormancy:

In the event that Client does not contact WEBSITES NEW ZEALAND or respond to WEBSITES NEW ZEALAND’s attempt to contact Client for a period of ninety days, WEBSITES NEW ZEALAND may suspend services. In such event, fees will continue to accrue as set forth herein. Further, under those circumstances, WEBSITES NEW ZEALAND may also elect to terminate this Agreement at its option.

Rght to Work with Any Client

Nothing in this Agreement shall be construed to prohibit WEBSITES NEW ZEALAND from serving clients in similar or the same line of business or with directly competing objectives. In the event that a particular resource or opportunity may be delivered or directed to a limited number of  WEBSITES NEW ZEALAND’s clients, Client grants WEBSITES NEW ZEALAND the sole discretion of prioritising such resources or opportunities among AS WEBSITES NEW ZEALAND’s clients and waives any objection thereto   

Non-Disclosure Agreement

Each party agrees that it will not reproduce, disclose to others or use for any purpose other than performing its obligations under this Agreement any of the Confidential Information of the other party for the term of this Agreement and for a period of two (2) years after the expiration or earlier termination of this Agreement. Each party agrees that it will not reproduce, disclose to others or use for any purpose other than to perform its obligations under the Agreement any of the Trade Secrets of the other party at any time during or after the term of this Agreement or until such Trade Secrets lose their status as such by becoming generally available to the public by independent discovery, development, or publication.

Hold Harmless

Exept as set forth herein, in no event shall ARQ CRITERION LTD, TRADING AS WEBSITES NEW ZEALAND or any of ARQ CRITERION LTD, TRADING AS WEBSITES NEW ZEALAND’s owners, officers, shareholders, employees, agents, contractors, subcontractors or affiliates be liable to Client or any of its affiliates for any consequential, incidental, indirect, special, punitive or exemplary damages (including, without limitation, lost profits, business or goodwill) suffered or incurred by such other party or its affiliates in connection with this Agreement.

No Guarantee of Results

Except as set forth herein, in no event shall ARQ CRITERION LTD, TRADING AS WEBSITES NEW ZEALAND or any of ARQ CRITERION LTD, TRADING AS WEBSITES NEW ZEALAND’s owners, officers, shareholders, employees, agents, contractors, subcontractors or affiliates be liable to Client or any of its affiliates for any consequential, incidental, indirect, special, punitive or exemplary damages (including, without limitation, lost profits, business or goodwill) suffered or incurred by such other party or its affiliates in connection with this Agreement.

Arbitration Award Limits

e Arbitrator shall not have the power to award total damages against ARQ WEBSITES NEW ZEALAND exceeding the amount of fees that WEBSITES NEW ZEALAND received from client.

Client Income & Taxes

Taxes from time-to-time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The Client agrees that it is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend ARQ CRITERION LTD, TRADING AS WEBSITES NEW ZEALAND. and its employees and subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet electronic commerce.