Terms and Conditions:
The client/s must carefully read, acknowledge and accept all the written information that is contained in this Terms and Conditions.
By accepting a quotation or making a payment of invoice to use the services supplied, the client/s acknowledges to have read, understood, and accepted the Terms and Conditions of this Agreement, and agrees to be legally binding by these Terms and Conditions. I have the right to change these terms at anytime.
1.Definition of Terms:
“The Client”- The customer or person, company, enterprise, business and any other similar organisation, individual or group that I 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.
“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.
“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.
“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.
“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.
“The Work” - The material that I 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 me to do.
“The Funds” - This is what is required to be paid to me 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 (if you live in any other country other than New Zealand). If you do not have a PayPal account, you can apply for one or find out more information by visiting www.paypal.com.
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 me. 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.
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 me.
2.2: The Funds
The funds that the client has paid to me will be held into a holding account, where the funds are held until the client has diligently expressed that they are completely happy with the work that has been created for them. All funds can be made in New Zealand Dollars or U.S
(United States of America) Dollars.
3. Customer/Client Satisfaction
3.1: If the Client/s are Happy
If the client is happy 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 me in this regard, the client will be deemed to be happy with the particular complete works. The client can communicate with me in the form of a phone call, but all clients MUST CONFIRM IN WRITING as well.
3.2(a): If the Client/s are Unhappy
If the client is unhappy with their work, they are required to communicate their issues with myself 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.
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”).
3.3: If the client rejects the work within the 10 working day review period and will not approve subsequent work performed by myself to remedy any points reported by the client as unsatisfactory, or I consider that the client is unreasonable in his repeated rejection of the work, the contract will be deemed to have expired and I can reserve the right to not refund the client at all.
4. Disclaimers
4.1: Services provided by Third Parties:
I will take no responsibility for any faults or services provided by any other person/company/entity (referred to as a “third party”) that I refer clients to, or other persons/companies/entities that the client/s request me to liaise with.
For example:
I submit a customer/s website to several search engines that the customer requests me to. Due to complex algorithms and other necessary functions the search engines use to operate, I am unable to control any possible failures, technical issues, site display issues and any other associated issues the search engines may have, however I 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.
4.2: Consequential Losses:
I will take no responsibility for any financial or other type of loss that are caused by misuse of any works/services I have provided for the client/s. I 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 my completed works/services, as defined in “3.1”.
4.3(a): Search Engine Submissions and Listings:
I 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 my control, I 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”.
(b):I am 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.
(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 I 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, I will contact the search engines in questions and then let the client/s know what and why they refused their website/s and/or pages.
(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.
(e):The client/s should also understand and accept that it is the particular search engines and not myself 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 myself.
#NOTE: If the client/s also request me 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.
5. Supply of Materials
The Client/s is to supply all materials and information required for myself 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, I 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 myself 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, I reserve the right to charge the client for any part or parts of the work already completed, as outlined in “ 2. Costs and Fees”.
