activatedesign.co.nz - terms & conditions

ACTIVATE DESIGN LIMITED TERMS & CONDITIONS

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ACTIVATE DESIGN LIMITED TERMS & CONDITIONS Search search 0800 30 8996 facebook twitter Home Our WorkOur Work Website Portfolio Logo PortfolioRazzmatazzPortfolio ServicesServices Websites & DigitalDiamondMarketingMinutiaeSupport NewMerchantryPack Webmarketing eCourse Contact Terms & Conditions ActivateDiamondLimited Terms & Conditions Whereas the vendee has wonted in writing any quote or proposal prepared by ActivateDiamondfor the supply of web and or multimedia services to the client, both parties now stipulate to be unseat by the pursuit terms and conditions. BackgroundThis try-on applies to the provision of all web design, web development, online promotion, email and multimedia services ordered by the vendee from Activate Design. DefinitionsIn this try-on the terms listed unelevated will have the pursuit meanings; “The Client” ways any person, company, partnership, sole trader, organisation or soul corporate at whose request ActivateDiamondagrees to provide services. “Activate Design” ways ActivateDiamondLimited, having their registered offices at 336 Durham Street, Christchurch 8013. New Zealand. “The Agreement” ways the contract to supply services between ActivateDiamondand the Client. “Order” and “Order Form” ways any digital or printed document completed by the vendee authorising ActivateDiamondto embark supply of the services and will specifically includeVendeeauthorisations received by email and post. “Web site diamond services”, “Web site diamond project" and “WebMinutiaeServices” ways any service provided in relation to diamond visuals, HTML coding, programming, coding, scripting and development, web diamond consultancy and web project management, and applies to both existing websites and those well-nigh to be synthetic by Activate Design. “WebMinutiaeProposal” is the proposal document outlining the specific web and multimedia products and services to be supplied to the Client, as prepared by ActivateDiamondin response to the Client’s request for the proposal. “Request for Proposal” is any verbal or written request made by theVendeeto ActivateDiamondto prepare a proposal outlining the specific web or multimedia products and services ActivateDiamondcan provide to the client. “Deliverables” are the outputs of the web and or multimedia services or products to be supplied under this try-on and as specified in the order form, and shall include but are not limited to, all designs, graphics, video, coding and page layouts. “Sign Off” is written or verbal visa by theVendeethat a deliverable is satisfactory and complete. Relationship of the PartiesThe parties stipulate that no partnership, joint venture or employment relationship is intended or unsaid by this Agreement.Vendeeconsent to receive electronic messages from Activate DesignThe vendee agrees to receive electronic messages from ActivateDiamondregarding their website, and consents to receive electronic commercial messages from ActivateDiamondregarding Activate Design’s products, services and latest visitor news. In compliance with the Unsolicited Electronic Messages Act 2007 ActivateDiamondwill not send messages to theVendeeshould theVendeespecifically opt out of receiving electronic messages from Activate Design. Commencement of ServicesActivateDiamondwill embark supply of the web or multimedia services as specified in the order only without receipt of the following: written confirmation of the order by the Client; and payment by the vendee of the petrifaction payment; and any documentation such as, but not limited to, the diamond brief, artwork, content or source files as requested by ActivateDiamondObligations As the successful wordage of the web or multimedia project depends on both parties fulfilling their obligations, theVendeeand ActivateDiamondstipulate to the following: ActivateDiamondObligationsActivateDiamondundertakes to provide web and multimedia services in a pearly and reasonable manner at all times, and will endeavor to build and maintain a good working relationship with the Client. ActivateDiamondalso agrees: To use weightier practice web and multimedia diamond and project management procedures To prepare and supply to the client, diamond proofs for the vendee to review and legitimatize To prepare the website page templates based on the visual diamond tried by the vendee To prepare the functional aspects of the website based on the specifications in the web minutiae proposal that have been ordered in writing by the client, well-set to verbally or tried online To set up the website hosting worth if hosting has been ordered To register any domain name(s) requested by theVendeein a timely manner To provide the vendee with regular updates throughout the project’s life trundling To make the vendee fully enlightened of any issues or obligations that need to be attended to by theVendeeTo coordinate the live release of the website onto the world wide web To provide support to theVendeein terms of familiarisation with the Content Management System if this functionality has been ordered by the vendee   To respond quickly to the Client’s requests for informationVendeeObligationsThroughout the web or multimedia project life cycle, the vendee agrees to the pursuit obligations: To ensure that any of its employees or teachers vicarial on its behalf are fully authorised by theVendeeto instruct ActivateDiamondTo provide contents for the website or multimedia presentation within the timeframes specified by ActivateDiamondTo sign off the website or multimedia deliverables including but not limited to; initial diamond visuals, page layouts, content, and functionality, in a timely manner prior to the live release of the website To inform ActivateDiamondof any issues in relation to the project that may impact on the wordage of the project To respond to requests for information or refinement from ActivateDiamondin a timely manner Testing and sign offThroughout the web or multimedia project life cycle, ActivateDiamondwill request that theVendeetests and approves each deliverable. If theVendeeis not satisfied with a deliverable, ActivateDiamondwill make the necessary changes and will ask theVendeeto re-test the deliverable. This process will protract until the relevant deliverable is wonted by the Client, provided that the functionality of the deliverable is as per the original specification. If during the project life trundling theVendeerequests spare or reverted functionality and/or content from the deliverables outlined in the order or web minutiae proposal, ActivateDiamondwill provide a time and materials quote which will be in wing to the forfeit of the web diamond project. Copyright & Intellectual PropertyThe placing of an order by theVendeeconstitutes a guarantee that all necessary validity and permissions have been obtained by theVendeein respect of the artwork and content supplied to Activate Design, and theVendeewill indemnify ActivateDiamondagainst any legal proceedings that may upspring due to any violate of Copyright caused by the publication of any Copyrighted material. The Copyright for all custom built material provided by Activate Design, including HTML code, graphics, photographs and text, will remain the property of ActivateDiamonduntil such time as ActivateDiamondreceives full payment for the web diamond service, whereupon they will wilt the property of the Client. ActivateDiamondwill provide towardly source lawmaking licenses for any Deliverables that fall within the category of third party licensed intellectual property. The parties unclose that ActivateDiamondmay replicate all web minutiae techniques and program lawmaking used in the megacosm of the web site ripened for the Client. Multimedia Content & Copyright ObligationsIt is the client’s sole responsibility to obtain the necessary copyright to any multimedia content it supplies to ActivateDiamondfor use within the client’s web and/or multimedia projects. In the event that the vendee provides such content and has failed to obtain the necessary copyrights, the vendee will indemnify ActivateDiamondand Activate Design’s suppliers versus any claims of copyright or trademark infringement. Payment Terms For all website minutiae and multimedia orders a 50% non-refundable petrifaction of the wiring minutiae forfeit is due. Should the web or multimedia project’s life trundling proffer vastitude 60 days, ActivateDiamondwill be entitled to invoice theVendeeprogress payments. Payment of all remaining minutiae financing will be due in full within 7 days of theVendeeapproving the web or multimedia project. ActivateDiamondwill only put the final website live once all web diamond and minutiae financing are paid in full. Once full and final payment is received ActivateDiamondwill put the website live within 1 working day. If theVendeewithholds information necessary for the completion of the web or multimedia project, the project is then deemed payable in full without 40 working days from the stage ActivateDiamondcommenced working on the project. ActivateDiamondreserves the right to tuition interest on any overdue value at the current overdraft rate charged by the Bank of New Zealand (as varied from time to time) and calculated on a daily understructure from the due stage until payment is received in full by Activate Design, including without any magistrate judgment or order. TheVendeewill pay all debt hodgepodge financing incurred by ActivateDiamondfor recovery of any overdue amount, including legal financing as between solicitor and vendee and disbursements. PricingActivateDiamondreserves the right to modify its hourly tuition out rate at any time and without notice to the client. Any services requested by the vendee and quoted at the previous rate will be provided at the hourly rate quoted, but any subsequent request will be subject to the fees increase. Right to withhold services due to overdue accountsIn the event that the vendee has an overdue worth with Activate Design, ActivateDiamondwill be entitled to withhold provision of any web diamond services it would otherwise be obligated to provide under this agreement, until such time as the finance are paid in full. ActivateDiamondmay segregate at its sole discretion; to protract to provide web services on the receipt of part payment of any accounts. Goods and Services Tax (GST)GST is payable only by those persons having their residence in New Zealand. Website MaintenanceActivateDiamonddoes not undertake to protract to maintain or update the client’s website once the project is completed and the site is live. Any requests for site updates or modifications made without the site has gone live will be charged for on a time and forfeit understructure as per Activate Design’s normal hourly rates. Website Promotion & SEO ServicesAs part of all website minutiae projects, ActivateDiamondwill undertake an entry level of Search Engine Optimisation. This includes subtracting Meta Titles and relevant headings to each page of the Client’s website only. ActivateDiamondwill not undertake any website promotion or remoter search engine optimisation of the client’s website, unless these services have been requested in writing by the vendee and included in the website order form as an spare service.ReceiptPolicyEither party may terminate the try-on on 7 working days' written notice to the other party. In the event that ActivateDiamondhas undertaken work for the vendee prior to receipt of written receipt the vendee will be liable for any hours worked in the provision of website diamond services on a time and forfeit understructure at Activate Design’s normal hourly rates. ActivateDiamondreserves the right to immediately closure providing services to the vendee and to terminate this contract should theVendeego into liquidation or bankruptcy. Suspension of ServicesActivateDiamondreserves the right to suspend services if web site hosting invoices are over three months overdue. Assignment and DelegationActivateDiamondmay assign or transfer their rights and responsibilities under this contract to flipside party. They may moreover subcontract the performance of any of their responsibilities under this contract to flipside party. Guarantees & WarrantiesIn the event that the vendee is dissatisfied with the diamond of their website they must inform ActivateDiamondin writing of the specific issues or complaints they have in regard to the website or web diamond services provided. ActivateDiamondwill review the issues and at Activate Design’s sole discretion may stipulate to provide a full or partial refund of monies paid or stipulate to a set value of spare work as a remedy. Under no circumstances will the vendee overly be entitled to a refund on monies paid out by ActivateDiamondon behalf of the vendee for stock photography, software, online transaction processing solutions, domain name registrations, and web site hosting services. ActivateDiamondwill provide the vendee with a 90 day warranty versus any bugs or errors, and will undertake to correct any errors introduced to the site by ActivateDiamondincluding reprinting errors, and will moreover undertake to correct any software or coding bugs that have not been caused directly by the client. Any errors that have been caused directly by the vendee may at Activate Design’s discretion incur a tuition to remedy. LiabilitiesTheVendeeagrees that ActivateDiamondwill not be liable for any indirect or consequential damages, including but not limited to, loss of profits or for any requirement made on the vendee by any other party, plane though ActivateDiamondmay have been notified of such forfeiture or claims. ActivateDiamondshall not be liable for any loss or forfeiture welling directly or indirectly out of wait in the supply of the deliverables or failure to perform its obligations under this try-on where the wait is caused directly or indirectly by an act of God, armed conflict, labour dispute, starchy commotion, intervention of a government, inability to obtain labour, materials or manufacturing facilities, accidents, interruptions of, or wait in, transportation or any other rationalization vastitude their control. TheVendeeagrees to indemnify ActivateDiamondagainst any false razzmatazz claims, liability claims for products or services sold by the Client, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided by ActivateDiamondto theVendeeunder this agreement, claims related to any malfunction of the Website/Software or Internet, or for any content submitted by theVendeefor publication by Activate Design. ActivateDiamondis not required to screen consumer material submitted to it for publication, and Activate Design’s publication of material submitted by theVendeedoes not create any express or unsaid clearance by ActivateDiamondof such material, nor does it indicate that such material complies with the terms of this agreement. All material submitted by theVendeefor publication will be considered publicly wieldy unless restricted wangle to the information is specifically requested in writing by the client. Applicable lawThis try-on shall be interpreted in vibrations with the laws of New Zealand. Should theVendeeacquire services from ActivateDiamondfor personal, domestic or household use, The Consumer Guarantees Act 1993 may apply. If the Consumer Guarantees Act 1993 applies, all rights theVendeemay have under it wield in wing to the rights they may have in this agreement. Nothing in this try-on will limit or exclude their rights under the Consumer Guarantees Act 1993. If theVendeeacquires the services for the purpose of a business, they stipulate that the provisions of the Consumers Guarantee Act 1993 do not wield to the service provided. SeverabilityIn the event that any one or increasingly of the provisions of this try-on shall be held to be invalid, illegal or unenforceable; the remaining provisions of this try-on shall not be void for this reason alone. The invalid, illegal, or unenforceable provision shall be replaced by a mutually winning provision which reflects the original intention of the parties. terms & conditions Tell us what you need - Click unelevated for a range of contact options Let's get started top visit the blog GraphicDiamondWebDiamondBranding P. 0800 30 8996 Freephone. 0800 30 8996 205 Durham Street, Christchurch PO Box 3871, Christchurch, NZ E. info@activatedesign.co.nz Hey Activate, I have a question... Sure! How can we help? add Phone add Email Preferred reply Email Phone Security: Hey Activate, I have a question... Sure! 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