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Terms and Conditions
The Client requests Hotcode Designs ('the Provider') to set-up and host their Woogloo website and email accounts for the Client substantially in accordance with the directions of their verbal or written agreement or covering email communication. The Client agrees to make the monthly payment and observe the terms and conditions of this agreement.
1. The Provider will set-up the website for the client in accordance with the package requirements as set out in the Hotcode Designs website. Options, pricing, nature and terms of options may vary from time to time at the sole discretion of the provider.
- For those packages requiring a website design (i.e. not using one of the provided templates) the design will be approved by signing the website page proof or via email communication.
- For those packages simply using one of the provided templates, the Provider will not be required to modify or enhance any of the templates to suit the Client.
- For those packages that require content and product information to be added to the site:
- All information must be supplied in suitable electronic format.
- If the Client does not have content, images or product information in a suitable electronic format and requires the Provider to modify or create this material, the Client will be charged for this service in accordance with the Provider's standard hourly charge-out rate.
- Content must be provided within one month of the sign-up date. Any content provided after this time requiring to be added to the site will be charged for at the standard hourly charge-out rate.
2. Payment Terms
Payment in full including GST is required before any work is undertaken, unless prior arrangement with the Provider. This payment is non-refundable. The only exception to this rule is custom programming work (termed custom functionality) - see next clause for details. Any unpaid overdue amounts will incur interest of 2% per month.
3. Custom Functionality
- If the Client requires any custom functionality a deposit of 50% (including GST) is required to be paid in advance with 90% (including GST) of the remainder due on completion of the project and the last 10% (including GST) paid after one month in order to allow for testing of the functionality and repairing of any genuine bugs in the new functionality at no charge.
- An ongoing charge will be applied to any custom functionality to account for extra database storage and usage.
- Extra traffic and disk space charges will also apply.
4. Information Provided
- The Client indemnifies the Provider from all liability howsoever arising from the information supplied to the Provider by the Client and incorporated in the design and content of the website.
- The Provider will use such information as provided by the Client only for the purpose of this agreement and for no other purpose.
5. The Provider shall exercise all reasonable care and skill in designing the format and layout of the website but accepts no responsibility for any loss suffered by the Client arising from the services provided under this agreement.
6. The Client shall observe the requirements of their local Domain Name registration authority in the maintenance of the website name and the website activity.
7. The intellectual property in the website, excluding the underlying Woogloo platform and all code supplied by the Provider, is the property of the Client.
8. The Client shall pay the Provider the Hosting Fee each month via automatic payment to the Provider's bank account. The Client understands that invoices and statements are only available online and will not be supplied in paper format unless specifically requested and then a extra fee will be applied for this service.
9. Agreement Commencement and Termination
- This agreement commences on the date of signing the sale agreement by the Client or, when the site is setup online, the date the site is setup either by Hotcode Designs or by the client using the automated site setup feature on Woogloo and the payment of the first monthly Hosting fee is due one (1) month from the date of this agreement. Any setup charges must be paid in advance of the work being undertaken. The client is responsible for creating and providing the Provider with all the necessary information and content to enable the Provider to complete their obligation in relation to the Package purchased. The agreement may be terminated by the Client by giving one months prior written notice to the provider.
- The Provider may terminate this agreement at any time without prior written notice. On termination the Provider will consent to the Client moving the content and graphics related to the website provided the Client first pays all outstanding debts owing, including any debt recovery and associated costs.
- On termination by the Client, the Client may move the content and graphics related to the website, but recognize that they have no right to the intellectual property of Woogloo or Hotcode Designs.
10. If an account is suspended due to non-payment or breach of these Terms and Conditions, monthly hosting costs will continue to be payable until the service is cancelled by either party. The Client must give thirty (30) days written notice to cancel their account. An account cannot be cancelled until all outstanding amounts have been paid.
11. Any suspended accounts will incur a fee to be reactivated. This fee may be waived or reduced at the sole discretion of the Provider.
12. From time to time the provider may introduce other ancillary services for the benefit of the Client at a price and on terms and conditions to be agreed by the provider and the Client. The terms and conditions of this agreement shall apply also to the supply of those ancillary services and if there is any conflict, then the terms and conditions as agreed by the parties for those services shall prevail.
13. The Client will be required to pay the annual renewal fee of the Client's domain name and the Provider's administration cost for processing the renewal fee.
14. The Client shall not be entitled to transfer or assign the benefit of this agreement to any other party. Any change in the effective control or management of the Client shall be deemed an assignment.
15. The law of New Zealand shall apply to this agreement.
16. Commencement of any services provided by the Provider, signifies the acceptance of these Terms and Conditions by the Client.
17. Hotcode Designs Ltd have taken care to ensure that the content of this website is accurate and current. However, we accept no responsibility in cases where a genuine error has taken place either in the description of a product, its price or information relating to any other service that we provide. We reserve the right to refuse to sell you a product or service if there is a dispute relating to the attributes or price of a product or service.
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