Terms & Conditions
Clients are engaging Energise Web Design Ltd (Energise) as an independent contractor for the specific project of developing and/or improving web sites to be installed using web space on the Energise host servers unless otherwise stated. The client authorises Energise to establish a hosting account or provides ftp access for this project. This also serves as authorisation to order domain name(s) as required. Costs of domain name registration are the responsibility of the client. The client also authorises Energise to publicise their completed website to search engines, as well as other social media sites, directories and indexes.
Standard Web Design Package Elements
The client will receive a draft graphic design based upon agreed requirements. They will then have the option to have two rounds of changes to this design before web pages are built. Additional designs will incur additional cost.
Content text is to be supplied by the client in electronic format. Energise provide outgoing links, graphic design as required, formatting and optimisation of photos, installation on our server, minor updates and changes for 4 weeks after completion (not redesigning), basic search engine optimisation and submission, feedback forms. In case the client desires additional work beyond the original design specified, cost will be determined before starting.
Please send us your final text. Time required to make substantial changes to client-submitted text after the web pages have been constructed will be additional, billed at the hourly rate.
Unless otherwise agreed, the monthly maintenance allocation is 15 minutes per month per website for hosting services that specifically include maintenance. Any additional work will be charged at our standard hourly rate. Maintenance allocations are able to be rolled over until the end of the calendar year and is offered on a “use it or lose it” basis. There is no “cash value” for maintenance allocations and no refunds.
Web Site Hosting
The site will be hosted by Energise on their designated server at a rate specified in the contract. The minimum period of hosting is 12 months. The client will start an automatic payment from the 20th of the month following signing. Energise will store files for the client during the period that hosting is paid but assumes no responsibility for website files once the hosting contract is cancelled or payment is stopped.
Energise agrees to work expeditiously to complete the web site within six weeks of the client supplying complete text and graphics content. If the client does not supply all required content within six weeks of the date this contract was signed, the entire amount of the contract becomes due and payable.
Payment of Fees
Fees to Energise are due and payable within 7 days. Submission to search engines and updating occurs only after the final payment is made.
Energise does not warrant that the functions contained in web services will operate uninterrupted or error-free. In no event will Energise 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 Energise 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. Energise reserves the right to assign subcontractors to this project.
Services may be terminated with 30 days notice by either party by written notice of termination without cause or penalty (but subject to the requirements of other terms).
Copyrights & Trademarks
The client represents to Energise and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Energise 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 Energise and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
Laws Affecting Electronic Commerce
The client agrees that the client is solely responsible for complying with laws, taxes and tariffs and will hold harmless, protect, and defend Energise and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client’s exercise of Internet electronic commerce.
Copyright to Web pages
The client retains copyright to all graphics, source code and text content for their web pages. Energise and other third parties retain ownership of services such as proprietary services installed in the website as well as working files and retain the right to display examples of their work in their portfolio.
Payment of fees
In order for Energise to maintain good business relations, payments must be made promptly. The client will establish an AP for hosting or pay annually. Delinquent bills will incur a $25 charge if payment is not received within 21 days of the invoice date. If an amount remains delinquent 30 days after its due date, an additional 2% penalty will be added for each month of delinquency. Energise retains ownership of their work and reserves the right to remove web pages from the server until final payment is made. In case collection proves necessary, the client agrees to pay all fees incurred by that process. For purposes of venue, this contract was entered into in Whangarei, New Zealand, and any dispute will be litigated or arbitrated in Whangarei, New Zealand. Please pay on time.
The agreement contained in this agreement constitutes the sole agreement between Energise and the client regarding this web site. Any additional work not specified in this contract should be authorised by a written change order. Additional work will be under the same terms and conditions as this contract unless otherwise agreed. All web site design prices specified in this contract will be honoured for two (2) months after both parties sign this contract. Continued services after that time may require a new agreement. Web hosting prices will be honoured for a period of twelve (12) months. After this time, prices are subject to change.