Site Design & Hosting Ltd – Terms of Trade
- By working with Site Design & Hosting Ltd, you agree to these terms and you understand that if you default in your payment obligations to Site Design & Hosting Ltd, information about that default may be given to any Credit Reporting Agency and they may give that information about your default to other Credit Reporting Agency customers. You also understand that you have the right to access and correct personal information held about yourself in accordance with the Privacy Act 1993.
- Site Design & Hosting’s standard hourly rates apply to tasks carried out from Site Design & Hosting’s premises.
- If the client reneges on the agreed quote at any stage, any payment up to that point for work completed will be payable within 7 days.
- Any quote given by Site Design & Hosting is valid for one month from the date the quote is provided and will include specifics of every prospective project.
- A new quotation or a variation will be raised for any changes to the original scope.
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Amendments to the cost/price may be required over the course of the project as the scope can sometimes vary, however, you will be notified of any changes to the original agreed price in due course.
- Any printing, photocopying, international postage, local or international courier charges, international phone calls, New Zealand Post charges for large mail-outs and all other expenses will be charged separately above the costs of the original quote amount.
- Payment terms are 7 days from date of invoice.
- Invoices will be emailed upon completion of work – unless otherwise stated (e.g progress payments).
- Should work be suspended or delayed due to the customers own instruction, Site Design & Hosting shall be entitled to immediate payment for the work carried out and expenses incurred to that stage.
- Should the customer cancel their project, Site Design & Hosting shall be entitled to immediate payment for the work carried out and expenses incurred to that date.
- Payment can be made by cash, credit card or bank deposit. Please note all credit card payments will incur a 3 percent fee per transaction.
- If an account is overdue and despite our efforts to collect the receivables ourselves, Site Design & Hosting Ltd reserves the right to forward our bills receivable to a debt collection agency. Any fees and costs for debt collection and/or solicitors will be added to the receivables and must be paid by the customer.
- Site Design & Hosting Ltd is not responsible for personal site maintenance under a hosting agreement. It is the responsibility of the Customer to make changes, apply updates, add graphics and run their own website in general.
- The Customer agrees to pay for all hosting fees incurred by the Customer whether or not the Customer gains any benefit therefrom, including any unauthorised use.
- Hosting only applies to monthly data storage of a website. Site Design & Hosting Ltd is only responsible for hosting errors and issues that may arise related to hosting services.
- Site Design & Hosting Ltd will provide hosting services with reasonable care and skill, and will use all reasonable efforts to ensure that the hosting services are reliable at all times, but cannot, and it does not guarantee that the services will be continuous or fault free.
- Site Design & Hosting Ltd cannot and will not be responsible for unauthorised access to our facilities or equipment or for alteration, loss or destruction of data files, programs, procedures or information of the customers by accident, fraudulent method or equipment, any Act of God or by any other method.
- Site Design & Hosting Ltd makes no warranties of any kind, whether expressed or implied, for the service it provides.
- Hosting fees are to be paid no more than 7 days from being invoiced, pursuant to the Site Design & Hosting Ltd 7 day payment policy.
- If an account remains unpaid 7 days after the invoice due date, Site Design & Hosting Ltd reserves the right to suspend a Customer account. Charges will continue to accrue on the account unless notification of termination is received. All charges must be paid before service is reinstated.
- If the Customer defaults, the Customer agrees to pay Site Design & Hosting Ltd its reasonable expenses, including solicitor and collection agency fees, incurred in enforcing its rights under this agreement.
- We’re sorry to see you go. If there is anything we can do to keep you as a customer, please let us know.
- Cancellation of hosting services with Site Design & Hosting Ltd is required in writing (email is acceptable) and hosting will continue to be charged up until the cancellation is received.
- You must cancel at least 5 days before your next billing cycle. If you cancel after your account is billed we cannot offer any refund, however, any further credit on the account over and above the current charges for the month will be refunded.
- Maintaining all passwords issued and generated for access and all other login details.
- Site Design & Hosting Ltd is to be notified immediately of any security breach (suspected or otherwise) of the services, or the Customer’s confidential password and login details.
- The Customer shall not permit any other party to use the service for any illegal purpose.
- The Customer warrants that all data uploaded onto the server under this agreement will not expose Site Design & Hosting Ltd to the risk of any claim, legal or administrative action or prosecution.
- Site Design & Hosting reserves the right to assess an Account Cleanup fee before performing any scans or removing malware from the account. In cases where a 3rd party reports malicious content or actions to us, we also reserve the right to disable the site to protect the integrity of our network
- Site Design & Hosting Ltd is under no obligation to review or edit content of the Customer’s data and the Customer is solely responsible for dealing with persons who access the Customer’s data.
- The Customer agrees to indemnify and hold Site Design & Hosting Ltd harmless against all liabilities, losses, damages, costs, and expenses (including legal fees and expenses) associated with, or arising out of any claim against the Customers warranties or otherwise attributable to the Customer’s data.
- Site Design & Hosting will take all reasonable precautions to safeguard the property belonging to its clients. Site Design & Hosting cannot be held responsible for any loss, damage, theft of data, projects, equipment or any items relating to assignments, during transit to, from or whilst at Site Design & Hosting’s premises.
- Due to the varied nature of Site Design & Hosting’s work, it is not possible to insure client’s property.
- Clients must make copies of all data and information and insure equipment and items for use away from their own premises, prior to submitting to Site Design & Hosting.
- Final proof reading and checking of all work supplied is the responsibility of the client. Site Design & Hosting must be notified of any errors within 7 days of receipt of completed work. Any errors generated by Site Design & Hosting will be amended free of charge, however any amendments or alterations, suggested by the client, will be charged at the standard hourly rate.
- Due to computer viruses, all incoming emails will be virus scanned. However, we may still not open unsolicited attachments to emails or emails that look suspicious by being from an unrecognized sender, have no subject heading or contain no message alongside an attachment.