Terms of Trade – January 2017
My work is always done on these terms. These terms form part of every proposal or estimate I provide, and every agreement I enter into.
Agreeing the work
I will usually meet with you to discuss your requirements and then develop and provide you with a Website Development Proposal. Once that proposal is agreed, I can commence the work.
I will endeavour to understand and be responsive to your requirements. It is important that you ensure I am fully aware of the outcomes you seek. Written instructions and specifications are preferred. I cannot be responsible for errors and omissions arising from an oversight or misinterpretation of your instructions.
You should carefully read each proposal to ensure it meets your requirements, and to promptly advise me of any changes required.
It is your responsibility to provide all content, copy, and images in usable form. You must ensure you have intellectual property rights to give them to me for use in the work. It is also your responsibility to arrange and pay for appropriate Web hosting and domain names and anything else you are required to do.
Whilst I will make reasonable efforts to meet any timeframes I agree with you in writing, I will not be responsible for missing deadlines.
Significant changes (such as additional pages, functions or features) will be charged for as additional.
Any future requirements for web site development and/or maintenance will be invoiced for separately.
Estimates and quotes are valid for 30 days unless otherwise stated. An estimate is just that – my reasonable estimate of the likely fee, based on the information you have provided. It is not a cap on my fees, and is not a fixed quote unless clearly stated to be so.
Where we have not agreed with you an alternative basis for billing, my hourly rates will apply, currently NZ $45 per hour, plus GST. I may change or review that rate with prior notice.
I usually invoice monthly, or at the completion of the job. Unless stated otherwise my invoices are payable by the 20th of the month following the date of the invoice. Where I do not receive payment by the due date, I may charge you interest at the rate of 1.5% per month compounding, plus all costs (both my own time and any third party collection or administration fees).
Where I have agreed to address the invoice to another person, the person engaging me will pay that invoice if that other person does not do so.
Technology and modifications
If you modify, edit, adapt or otherwise change my work (including the site and any of its components) without my agreement or permit anyone else to do so, that may be a breach of my intellectual property rights (see below) and is at your own risk and cost.
I only support technologies current at the time of development. I accept no responsibility if technology changes and a product or service is no longer accessible or supported.
I retain all intellectual property (including copyright and design rights) in all software, programming, design and marketing concepts developed or used by me in the work or otherwise incorporated into the site. That cannot be sold, licenced, modified, edited or adapted in any way unless I agree in writing.
Once all invoices are paid in full you will have a personal non-exclusive licence to reasonable use of that intellectual property in operating the web site.
Some of the third party software I use is subject to general or specific licence conditions. You will not knowingly breach those conditions.
Work samples, sketches, concepts, development work, demo models, other work shown, given or submitted by me on a speculative, conceptual, or developmental basis remain my confidential property and may not be shown, given to or used by you with any third party for any purpose whatsoever without my agreement
If you supply any property to me to use or store, that property remains at your risk.
I can reasonably display my logo and/or associated branding logos within the finished product. You agree to me displaying and using the work I do for you for marketing purposes.
Claims for remedy
You agree you are acquiring my work in trade, and not as a consumer, and that none of the provisions of the Consumer Guarantees Act apply.
Any complaint or claim regarding my work (including the site) must be made to me in writing within 30 days of receipt of goods or services in order to give me the opportunity to investigate and remedy faults or complaints.
To the extent permitted by law, all representations and warranties are excluded. My total liability to you in respect of my work (on all things I have done or not done) will not exceed the lesser of the fees you have paid me on the matter in respect of which the liability arises, or $750. I will not be responsible for any harm or damage to other person resulting from my work or the use of the site.
I will not be held responsible for any delay, damage, or loss due to any cause beyond my reasonable control, including equipment or network interruption, or use of third party software.
You indemnify me for all damages, costs and/or expenses arising from anything I do at your request, including any breach of the Fair Trading Act 1986, any other law or any infringement of copyright, patent or design.
If you have any questions about the terms and conditions listed above, please don’t hesitate
to give me a call on 027 2912314 or email email@example.com