Webz Development Limited Terms and Conditions

Upon engagement of our services you confirm that you are in agreement with and bound by Webz Development Limited's (Webz) terms and conditions below.

Contract for Services

Our Commitment to Our Customers

In providing our services to you, we will:

• provide our services with care and skill and to the best of our ability
• provide our services within a reasonable time period or in accordance with any agreements we have with you
• ensure to the best of our ability that our services do everything we say they will do
• do our very best to provide our services but we can not guarantee that the service will be continuous or fault free
• restore any interrupted or faulty service as soon as we reasonably can

Our Customers Responsibilities

In subscribing to our services, you agree to:

• make sure all information you provide is accurate and complete
• take responsibility to ensure all website content is accurate, included content entered by Webz
• follow all our policies and any instructions regarding the use of our software
• use our products or services in a responsible way
• never introduce any harmful material (i.e. viruses) nor gain access to, or interfere in any way with our, or anyone elses computer system, website or computer service
• to hold backups of any provided data, media, images or content, etc. hosted on their website
• comply with all appropriate New Zealand laws including but not limited to The Privacy Act 1993, The Fair Trading Act 1986, The Copyright Act 1994, The Defamation Act 1992 and any relevant advertising codes of practice and any acts or codes that succeed them
• make sure that everyone else who uses the products or services we supply to you also meets these responsibilities

Quotations (Quotes)

Upon approval of our quotation, Webz will provide a plan with scheduled website milestones for Client approval to ensure Webz & Client are working to same timelines.

Webz cannot be held responsible or penalised for any delays where clients have failed to fulfill their obligations, particularly in failing to deliver content in accordance with agreed timeframes.

Should any of the work required of Webz or its partners significantly exceed the time allowed in this estimate, then the company reserves the right to re-quote the fees.

All payments must be paid in compliance with our payment terms.

All prices exclude GST unless explicitly stated.

Payment Terms

Our payment provisions allow us to cover all real (and external) costs in a timely manner and ensure client commitment.

Our payment policy provides that invoices will be issued at the end of each month, payable 20th of the following month.  Where a project spans more than one month, development to date will be invoiced on the last day of each month.

A 20% deposit may be required prior to commencing any development.

All payments must be paid in full prior to websites being launched live to the internet.  Our clients are given the opportunity to view and test their website in a test environment prior to the final payment being made.

Website hosting and licence subscriptions must be paid annually in advance, unless otherwise agreed.  Late penalties apply for overdue invoices.

Webz’s standard rate for technical support (for non-subscribed clients) or other work performed on a time and materials basis will be charged at $75 per 1/2 hour + GST.

Intellectual Property and Licence Terms

Webz provide our customers a service, which involves creating and/or converting an existing website over to our Content Management System. Webz owns all rights to its software and will only provide its customers services or licences to use that software.  A valid licence is subject to the receipt of payment in compliance with our payment terms and may be revoked in the case of late or non payment.

In the unlikely event that Webz cease business, our clients will be provided with the source files and libraries required to ensure ongoing use, maintainability and expansion of their websites.  Our customers remain the sole owners of all content and images (including logos) supplied to (or purchased from) Webz.

Webz content management software will be hosted exclusively on our chosen partners servers to ensure rapid speeds, reliable and secure services, and to protect Webz' IP.

There is a minimum of 12 months subscription period to hosting and content management software (following the free period) and renewable monthly thereafter.

Webz reserve the right to showcase websites we have designed and/or developed in our portfolio of works.  Where an external designer has been engaged, Webz will credit the design (or other aspects) to the appropriate party.  Webz requires that its customers provide a link back to www.webz.co.nz.

Browser Compatibility

We build websites for modern browsers.

• Given that web browsers vary, we ensure we build websites as close as possible to the agreed design. 
  
• We test and ensure functionality in: Internet Explorer 8 & 7, Firefox 3, 2 & Safari.
• We do not support any older browsers except for Internet Explorer 6.0, where we ensure that the design is similar to modern browsers and that all content is readable.  We are also able to provide an “Upgrade Browser” alert message if Internet Explorer is detected.
• You will require IE7 or above to use our software administration.  The reason for this is that IE6 is a decade old now and third party software which is integrated into our software has many IE6-bugs and therefore will not function correctly.

Cancellation

If you wish to cancel your subscription to our services, you must do so in writing. A minimum 12 month subscription period applies. After the minimum period, if you cancel your subscription, you will be required to give one months written notice. If you fail to meet your payment obligations, Webz reserves the right to suspend, restrict or terminate access to any of our services at any time.

If you wish to cancel any services being performed by Webz, a written cancellation notice must be sent to Webz and will not come into effect until this notice has been received by Webz. The customer will still be liable for any fees or costs incurred up until the point of cancellation.

Limitations of Liability

Webz are in no way bound by any Estimates supplied to its Customers.

On the acceptance of a Quotation from Webz, both Webz and the Customer are bound by these Terms and Conditions and any other variations explicitly stated in the quotation including but not limited to any timeframes, deliverables or payments specified. Any variations must be agreed to by both Webz and the Customer in writing. Variations of any agreement must cover the payment amount, method of payment and payment date before variation comes into effect.

Acceptance of a quotation must be in writing or minuted verbal agreement. Quotations will be valid only until the date specifiec on the quotation, after that date it will be at Webz's descresion if the quotation will be accepted. Any quoatation without a 'valid until' date specified will be valid for 1 month after being sent to the Cutomer by Webz.

Where no detailed requirements have been specified for website or component functionality, Webz will implement functionality in accordance with our usual processes to ensure the functionality meets our development standards.  Any additional development required over and above a standard component will be additional to the quoted component.

In no event shall Webz (Webz Development Limited) be liable for damages resulting from loss of data, profits, use of the Webz site or any Webz products or services, or for any incidental, indirect, punitive, or consequential damages in connection with this agreement or in connection with any products or services provided hereunder. In no event shall Webz cumulative liability exceed an amount greater than one hundred New Zealand dollars (NZ$100.00).

Other General Terms and Conditions

Upon use of our software you confirm that you are in agreement with and bound by Webz Development Limited's (Webz) terms and conditions below.

Webz gathers site usages information from our site visitors. Such information is used in the aggregate, to help determine general usage patterns and improve layout in order to ensure that our sites are as useful and proficient as possible. This site usage and statistical information may be made public information at Webz discretion.

We, from time to time, may wish to contact cusomers regarding community news or to make promotional offers. However such communications will only be delivered to users who have previously consented.

Users Agreement

Webz service and its affiliate sites are accessible worldwide to anyone with internet access. The use of our services and sites are subject to the terms and conditions of this User Agreement and Copyright Notice and all applicable laws and regulations including but not limited to the laws and regulations governing trademark and copyright. By using our services, you accept, without limitation or qualification, all the terms and conditions in these Terms and Conditions. Webz and its affiliates reserve the right to change these terms and conditions at any time. Youll be notified of these changes on our website. By using our services and sites, youve agreed in advance to accept any changes.

The materials used and displayed on our services and sites, including but not limited to text, software, graphics, photographs, video, music and sound, illusions and artwork, and trademarks and service marks, names and logos are the property of Webz and its affiliates or licensors are protected by trademark, copyright and other laws. You agree not to reproduce, modify, distribute, disseminate, publish, broadcast, sell, retransmit, or circulate any such material without the written consent and permission of Webz or the appropriate affiliate.

Webz services and sites contain information, facts, and opinions from various persons and organizations. Our service and sites are provided on an as is basis without warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are imposed by and incapable of exclusion, restriction or modification under the laws applicable to this agreement. Neither Webz not its affiliates endorse or are responsible for the accuracy for reliability of any opinion, advice or statement on our services and sites.

You agree not to post or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, profane, obscene, vulgar, hateful, racially, ethnically or otherwise, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, violate the rights of others, or otherwise violate any applicable local state, federal and international law. You will be responsible for, and indemnify and hold harmless Webz, its subsidiaries, divisions, affiliates, agents and representatives against any claim arising from any material that you post or transmit. Although Webz and its affiliates may from time to time monitor or review user postings, transmissions and other user and member generated pages on our sites neither Webz nor its affiliates is under any obligation to do so. You agree and acknowledge that Webz and its affiliates do not control the information available on our sites but are those of their authors who are solely liable for their content. Also Webz and its affiliates reserve the right in their sole discretion to edit, refuse or remove any material submitted to our sites.

Your use of our services and sites is solely at your own risk. Neither Webz nor any of its subsidiaries, divisions, affiliates agents, representatives or licensors shall be liable to you or anyone else for any loss or injury or any direct, indirect, incidental, consequential, punitive, special or similar damages arising out of your access or use of, or similar damages arising out of your access or use of or inability to access or use our services and sites or arising out of any information available on our services or sites. You hereby waive any and all claims against Webz or any of its subsidiaries, divisions, affiliates, agents, representatives and licensors arising out of your use of our services and sites and the information available thereon.

Any material or communication you post or transmit to our services and sites is, and will be treated as, non-confidential and non-proprietary. You will be responsible for anything you post or transmit and you grant Webz and its affiliates the right to edit, punish, copy and distribute information or content you post or transmit for any purpose.

Webz and its affiliates do not review or monitor any websites linked to our services and sites and are not responsible for the content of any such linked websites. Your linking to such websites is at your own risk.

Webz retains ownership of all design and development until such time as it is paid for in full.

This user agreement and any disputes arising out of or related to our services and sites shall be governed by, and construed and enforced in accordance with the laws of New Zealand.

Privacy Policy

Webz provides users with a great place to easily manage content, search and shop for range of products online. Maintaining the privacy of our visitors is our companys priority. Completing information on designated forms collects personal data from site visitors.

Childrens Privacy (users under the age of 13)

In response to issues concerning protecting childrens privacy online, the Childrens Online Policy Protection Act of 1988, and all related NZ legislation, which sets forth rules and procedures governing the way in which websites may collect, use and disclose personal information for children under the age of 13. With respect to Webz policy and COPPA regulations, we do not

• a. Knowingly share or use personal demographic information online or offline from users under 13 years of age.
• b. Knowingly request or collect personally identifiable online or offline contact information from users under 13 years of age with third parties.

DISCLOSURE: Webz reserves the right to access and disclose demographic information of our customers to comply with applicable laws and lawful government requests, to operate its systems properly or to protect itself or its users. As mentioned above, we reserve the right to share aggregated site usage information with third parties.

Security And Forms

Webz has secure, encrypted order forms in place for site customers including webmaster site submission services. Customers are required to provide contact information such as name, physical, and email address as well as financial information, such as credit card holders, numbers, and expiration dates. All such information is used solely to make contact with customers when it is absolutely necessary to do so with reference to their order. Our company will not sell or trade customer data to or with any other companies or persons without, first of all, getting the approval from such customers. In fact, individually identifiable information will not be released to third parties without that individuals prior consent.

Last Updated: 19/02/2010