Terms and Conditions

1.Definition of Terms:

"The Client"- The customer or person, company, enterprise, business and any other similar organisation, individual or group that we undertake work for (check definition for "work" further down in this Definition of Terms).

"Browser, Internet Browser, Web Browser"- The software that enables websites and collections of online pages to be viewed. Some widely known examples are: Microsoft Internet Explorer, Mozilla Firefox, and Google Chrome.

"Domain Name"- The main "address" that directs you to a collection of web pages, commonly referred to as a "website". An example of a domain name is www.domainname.com. Every domain name first be registered with an appropriate authority, in which there are costs involved. An example of one of these authorities is Godaddy.com (www.godaddy.com).

"Downtime"- This is when a website or web page isn't able to be viewed on the internet. This can be due to technical problems/issues with the website's "host", or when something such as redevelopment and changes are made to the website and it needs to be temporarily inaccessible.

"Host"- A company that provides the system where a website and its pages physically are located. (Return to Top)

"Link, Hyperlink"- This is a "clickable" link/s that are placed on a web page/s. They can take form as an image, graphical design/work or text. (Return to Top)

"Main Browsers"- A collection of browser software that I use to test constructed web pages and graphics that are intended for viewing on the internet and/or web browser. The main browsers are current versions of Mozilla Firefox and Microsoft Internet Explorer, which are current when "the client" signs the contract. (Return to Top)

"Search Engine"- A kind of website that acts as a kind of directory of millions and millions of websites/pages. One's website could be found when someone inputs a keyword or a phrase that is in the particular website. (Return to Top)

"Website"- A collection of pages that are made using codes, graphics/images, and relevant information for the purpose that the pages and website in general is portraying and expressing. (Return to Top)

"The Work"- The material that we create for the client/customer. It can be in the form of web pages/websites, logos, banners, brochure designs, or what the client has specifically requested for us to do. (Return to Top)

"The Funds"- This is what is required to be paid to us in order for the requested work to be commenced. This can be in the form of cash (only if you live locally), bank transfer (only if you live within New Zealand) and via PayPal (available to clients worldwide, where PayPal can be accessed and used.). If you do not have a PayPal account, you can apply for one or find out more information by visiting www.paypal.com. (Return to Top)

"Installments"- This means a regular payment plan for clients who do not wish to pay up front. Installment amounts will vary from client to client and will be negotiated between us and the client. If you choose to pay by installment, you must make at least one installment before I commence the portion of work covered by the installment. Once that portion of work is completed, the client will be notified and upon the client accepting the portion of work completed, they have the option of paying more installments to allow any more required work to be undertaken, or accept that they have had all work completed for them, in which case no more installments will be required. As this will vary from client to client, here is an example scenario to give you an idea of how this works:

Joe Bloggs wants us to undertake work on a basic 5 page website for his plumbing business. He has submitted all essential graphics for the website which will be used to compile and structure the site, he just needs us to modify them slightly to fit his desired structure and layout of the website. After him completing a questionnaire to help design the quotation costs, the total cost comes to $400. He then informs us that he is unable to make the full payment up front but is able to make regular installments. After negotiation with Joe Bloggs, we come to an arrangement where he pays in installments of 20% of the final cost until the full cost has been met. Upon the first installment he makes, we will undertake 20% of the total work required to be undertaken (or another arrangement as negotiated with the client). Upon the subsequential installments being made, the required work will be undertaken, and will continued to be undertaken until the work has been completed to the clients satisfaction. If Joe Bloggs fails to make the rest of installments, we will not undertake any more work. If Joe Bloggs fails to make any installments at all, no work will be undertaken at all. (Return to Top)

2. Costs and Fees:

2.1: Commencement of Work

Before the commencement of any work that is undertaken, 100% of the agreed costs (negotiated equally amongst the client/s and myself) are required to be paid to us, unless you decide to pay by installments. When the appropriate fees have been paid I will duly commence the work the client has requested me to do. All refunds will be at 80% of the total funds paid. The remaining 20% accounts for overhead costs associated with running of the business. (Return to Top)

If the client chooses to pay costs by installments, they are required to make at least one installment before any work will be undertaken. Only the work paid for by the installment, as negotiated with the client, will be undertaken, and no further work will be undertaken until subsequential installments are paid. For more information, please refer to "Installments" under the "Definitions of Terms" section. (Return to Top)

If the customer/client has requested monthly/quarterly/annual search engine submissions, the total amount must be paid (e.g. if you wanted 12 months worth of monthly search engine submission, you must pay for the whole 12 months at once). In regard to this service, customers/clients are able to purchase this service for 1,2,3,4,5,6,7,8,9,10,11 and 12 months. If you require other lengths of duration, please contact us. (Return to Top)

2.2: The Funds

All funds can be made in New Zealand Dollars or U.S (United States of America) Dollars. Payments via PayPal are accepted by clients worldwide, and clients within New Zealand also have the option of paying directly into my bank account. NOTE# Payments in $USD can only be paid into our PayPal account. (Return to Top)

3. Customer/Client Satisfaction

3.1: If the Client/s are Satisfied

If the client is satisfied with the completed work, they will be required to confirm this in writing (this can be in the form of a typed letter, handwritten letter or e-mail). This must be done within 10 working days of viewing the finished work. If the client does not communicate with us in this regard, the client will be deemed to be happy with the particular complete works. The client can communicate with us in the form of a phone call, but all clients MUST CONFIRM IN WRITING as well. (Return to Top)

3.2(a): If the Client/s are Unsatisfied

If the client is unsatisfied with their work, they are required to communicate their issues with us within 10 working days upon viewing the finished work. Upon prompt communication, I will liaise with the client to see what changes and adjustments are required for the work to enable the client to be satisfied. (Return to Top)

3.2(b):

If the client requires me to make certain changes/adjustments, I will diligently undertake these. I will not charge any extra for these changes to be made. Upon the changes being completed, I will produce these to the clients. If they are completely happy with what has been done, they are required to follow the procedure outlined in "2.3". If the client is not satisfied with the changes, they have the option to either request more changes, or a refund (as outlined in "2.1"). (Return to Top)

3.3:

If the client rejects the work within the 10 working day review period and will not approve subsequent work performed by us to remedy any points reported by the client as unsatisfactory, or we deem that the client is unreasonable in his/her repeated rejection of the work, the contract will be deemed to have expired and we can reserve the right to not refund the client at all. (Return to Top)

4. Disclaimers

4.1: Services provided by Third Parties:

We will take no responsibility for any faults or services provided by any other person/company/entity (referred to as a "third party") that we refer clients to, or other persons/companies/entities that the client/s request us to liaise with. (Return to Top)

For example: We submit a customer/s website to several search engines that the customer requests us to. Due to complex algorithms and other necessary functions the search engines use to operate, we are unable to control any possible failures, technical issues, site display issues and any other associated issues the search engines may have, however we will enquire about any associated issues with the search engines and inform the client/s of the exact details of the issues and the necessary changes that have to be made. (Return to Top)

4.2: Consequential Losses:

We will take no responsibility for any financial or other type of loss that are caused by misuse of any works/services we have provided for the client/s. We will also not be held responsible for any reduction in financial income that the client/s can possibly make, after the client/s have accepted our completed works/services, as defined in "3.1". (Return to Top)

4.3(a): Search Engine Submissions and Listings:

We will undertake the appropriate measures to make sure that the client/s website/s are listed in the relevant search engines, however due to measures outside our control, we am unable to constitute a guarantee that the site will appear in any particular position or any particular rank for the relevant search term (referred to as a "key word", "key words" and/or a "key phrase/s". (Return to Top)

4.3(b):

We are also unable to take responsibility that a currently unlisted site will appear in the search engines results or that a currently listed websites will remain listed within search engine results on a permanent basis. (Return to Top)

4.3(c):

The client/s will accept that it is the relevant search engine's responsibility as to what website/s will be listed and what website/s won't be listed. While we will submit to each requested relevant search engine/s, the client/s must realise that particular search engines have different criteria's and rules as to what content may be listed. If a particular search engine refuses to list your website/s and/or pages, we will contact the search engines in question and then let the client/s know what and why they refused their website/s and/or pages. (Return to Top)

4.3(d):

The client/s will understand and accept that there is no guaranteed placement or rank on the search engines and that it is possible that a new website/s and/or page/s could possibly never appear in search engine results at all. (Return to Top)

4.3(e):

The client/s should also understand and accept that it is the particular search engines and not us that control the relevant search engines algorithms. Also the client/s must understand and accept that changes in search engine rankings and listings can occur daily, weekly or even hourly. This is the responsibility of the particular relevant search engines and not us. (Return to Top)

#NOTE: If the client/s also request us to submit website/s and/or page/s to web "directories" (similar to your local phonebook, with the difference being that a listing in any directory can be displayed online internationally), the same guidelines (being 4.1, 4.2, 4.3a b c d and e) must be observed, accepted and understood. (Return to Top)

5. Supply of Materials

The Client/s is to supply all materials and information required for us to complete the work in accordance with the agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed materials. Where the Client/s failure to supply such materials leads to a delay in completion of the work, we have the right to extend previously agreed deadlines for the completion of the work. Such deadline extensions may take into account further unforeseen and/or predicted delays, and/or commitments to other projects such that the deadline extension added by us may exceed the delay caused by the client. Where the client/s failure to supply materials prevents progress on the work for more than 10 working days, we reserve the right to charge the client for any part or parts of the work already completed, as outlined in " 2. Costs and Fees". (Return to Top)

If you do not understand anything contained within these terms and conditions, please do not hesitate to contact us for further clarification. (Return to Top)