Avoca Web Design Terms of Service

Please read carefully

Payment Terms

We are sure you understand how important it is as a business that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tight to the payment schedule outlined in any proposals we send or written agreements that we reach (without any deductions, set off or counterclaim).

  • All prices are GST exclusive.
  • For project work with a formal proposal, a deposit is required before starting the work and final payment required before the website goes live online or final project deliverables are completed.
  • Any deposits paid on a contract are non refundable.
  • We reserve the right to change our rate or service charges.
  • Payment terms are strictly 14 days following the invoice.
  • A late payment fee of 7.5% of the invoiced amount will apply to overdue accounts older than 45 days.
  • Debt collection proceedings will be initiated if no agreement can be reached about invoices that are 60 days overdue.
  • Any costs incurred by us for late payments, including, but not limited to debt collection and or court costs, to recover overdue accounts will be paid by you, (The Client).
  • All hosting payments are paid in advance and are non refundable.
  • Hosting invoices overdue for more than 45 days will result in the immediate suspension and possible termination of the hosting services.
  • If we are forced to suspend hosting services due to non payment of invoices we will not be liable for any loss of income, loss of business or any other damages resulting from the suspension.
  • We reserve the right to charge a reconnection fee after suspension of hosting services.

NB: If you are unable to supply all of the right content by the time the website design is complete, it does not mean we have not done our job. Once a site has been tested and is ready to go live, either with your content or placeholder images and dummy text, we will issue the final invoice. Once the final invoice is paid we will hand over the keys and show you how to put your own content in once it’s ready. If the final invoice is not paid within the credit terms we have given you, we are under no obligation to keep the site on our server or continue with the project in any way.

Website Hosting and Technical Support

We provide a high quality web hosting service. Unless you have specified otherwise, we will launch your new website on this service. We ensure this service is fast, reliable, secure and that your website is backed up regularly. We back up the database daily and backup your website files weekly. We can arrange other schedules upon written request.  Any issues relating directly to web hosting (such as down time, server issues, updating plugins or WordPress core) are our responsibility and we will take care of this for you.

We are not responsible for fixing user errors, providing ongoing content updates, technical support or adding functionality unless you purchase one of our website care or growth packages. We provide post launch and email setup assistance for the first 30 days after your website is launched. Assistance after this time is not covered unless you have one of our website care packages. Any time we spend on tasks that are outside the hosting agreement will be charged at our standard support rate.

We reserve the right to move your website to new servers for performance enhancements or security reasons at any time. We do not permit illegal or ‘adult only’ content on our servers and we reserve the right to terminate your hosting agreement immediately if we discover you are engaged in any of these activities.

All website hosting, email and domain name services are invoiced/paid for in advance and are non refundable. We reserve the right to change the hosting pricing with a minimum of 14 days notice.

By hosting your website with us you agree to comply with our hosting terms and conditions and those of our hosting partners:
Server Pilot
Vultr: High Performance SSD Cloud
Kinsta Managed WordPress Hosting

As part of the hosting service, we provide access to a number of tools and services that require yearly paid licence renewals. We licence these products exclusively for use on our hosting. We use these licensed products to enhance your website while your website is hosted with us. If either party, you ("the Client") or Avoca Web Design, terminates your hosting agreement, Avoca Web Design is not obliged to continue licensing any of these products for you. If you choose to continue to use these tools and services you will need to purchase valid licences for any and all products and services you require.

If either party, you ("the client") or Avoca Web Design, choose to terminate the hosting agreement for any reason, we will provide a site backup to you. You will be responsible for restoring/migrating the website and any other services provided from the backup provided to your new hosting service provider. We may choose to help you but are not obligated to do so. Any materials, work or services required to facilitate this process, other than the backup, will be charged at our normal service rates. 

We reserve the right to terminate the hosting agreement for any reason and will provide you a minimum of 14 days notice of that change. We will always honour the remaining hosting period current paid in advance. Termination for hosting accounts that are overdue by 45 days or more, will have immediate effect.

Copyright

You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you (or third parties at your request) provide us for inclusion on any website(s) we build or host  are either owned by your good selves, or that you have permission to use them. You will comply with any applicable copyright laws in New Zealand (or the country you are based in).

Data Privacy Policy

Please refer to Avoca Web Design's Privacy policy

Complying with National and International Privacy Regulations

Complying with privacy and anti spam regulations (e.g. GDPR) is entirely your responsibility. We are not lawyers so we can only give you general guidelines. We cannot guarantee compliance.

Liability

It is your responsibility, as the client and owner of your business to ensure that any website(s), advertisements digital or printed material and any and all content (such as, but not limited to, words, images, products, video, downloads) complies with all relevant legislation, advertising standards and privacy rules within New Zealand and the countries that you operate in.

Compliance with legislation is entirely your responsibility as the business owner. While we may in good faith help you implement changes to ensure compliance, we cannot be held responsible or liable for past present or future compliance with the applicable laws.

Any advice we may give verbally or in writing should not be treated as professional legal advice. We are not professional qualified in this area and you should seek independent professional legal advice on any compliance and liability issues.

It it your responsibility to ensure that your website, its content and all your data collection and storage systems comply with any and all privacy laws applicable to you and your business such as GDPR and any relevant privacy laws in your jurisdiction.

Legal Stuff

We can't guarantee that the functions contained in any web page templates or in a completed website, or web hosting services will always be error-free and so we can't be liable to you or any third party for damages, including lost revenue, lost savings or other incidental, consequential or special damages arising out of the operation of, or inability to, operate this website and any other web pages, even if you have advised us of the possibilities of such damages. If for any reason, this does not prevail, our liability shall never exceed the amount paid to us by you under these terms of service in the immediate 6 months preceding any notice of claim.

If any provision of these terms of service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Contract or service termination

Either party may terminate the contract or hosting agreement under the following circumstances - immediately if the other party becomes insolvent, or appoints a receiver or manager of their assets; immediately if ownership or effective control of the other party is transferred, where such transfer adversely affects the other party’s ability to perform its obligations under this agreement; immediately if either party commits a material breach of the obligations under this agreement and fails to remedy that breach within 21 working days of being notified of that breach. In any of the other specific circumstances as noted in this proposal.

In the event of early contract termination by you, the client, all work done by Avoca Web Design Ltd. up to the point of termination is immediately payable. If no milestone amount is applicable, or it is a milestone or project with an estimated price, work billable will be calculated at our standard rate. As per our payment terms above, deposits, hosting payments or any payments for any services in advance are non refundable.

Force Majure

Stuff happens. We agree to suspend our services under any agreements if we are unable to do so as a result of an act of God or similar circumstances such as a force majeure event. The suspension of service will remain in place until services can be resumed.

Definitions

Agreement This agreement including the schedules and amendments to those schedules.
Authorised person The name and position of staff, sub contractors or agents who are authorised to request service under this Agreement.
We Avoca Design Ltd employees, owners or sub contractors.
You (The Client) The customer purchasing services under this agreement.
Business day All other days than Saturday, Sunday and NZ Public Holidays.
Business hours The hours between 9.00am and 5.00pm on a business day in New Zealand.
Additional charges The hourly rate at which the customer is charged for additional services not included in this agreement.
Force Majeure event Circumstances including, but not limited to, interruptions to business such as electrical faults, wind, flood, war, riot, pestilence, industrial action or defaults of manufacturers, suppliers, governments or transport restrictions, i.e. not your common, everyday experiences.
Service This is what the supplier contracts to do for the customer in terms of the outcome, the service requirement, availability and when it is carried out.