All that legal mumbo-jumbo


Terms of Service

1 – Introductions

The Client is engaging Bloweb NZ as an independent contractor for specific work outlined in the Quote provided (hereinafter referred to as the Project). The Project may be the design and/or development of a Website, Graphic (including Logo Designs), Search Engine Optimization, Internet Marketing, Social Media Marketing, Email Marketing, Domain Registration/renewal/management, Website Hosting, or other related services, or a combination of the above.

Bloweb NZ is required to complete the work outlined in the original Project Quote, and any additional work that is not included in the original Project Quote is subject to further charges. No refund will be given due to the cancellation of a Project due to further charges that are applied to any Project.

2 - Authorization

The Client hereby authorizes Bloweb NZ to access any Third party Hosting Service, domain management service, or Social Media account/s or Google accounts that are required for the completion of the Project.

The Client authorizes the sharing of any Project related information to any contractors, freelancers and employees whom are commissioned to work on the Project. All contractors, freelancers and employees are bound by our Intellectual Property and Non-disclosure agreements.

The client also authorizes Bloweb NZ to use any completed work, and any results generated from the completed work, as a Portfolio on the Bloweb website (http://bloweb.co.nz), or other printing material used for promotional or sales related use. This work will not be used in any way that may cause harm to the client or the client’s business.

3 – Project Quotes

Project Quotes (and related outlines and specifications) shall be deemed to interpret the client’s instructions. Clients are advised to exercise care and attention when checking these documents before work commences. Any additional work not covered within the scope of the accepted Project Quote that the client requires may incur additional costs.

All Project Quotes shall expire within 30 days of creation, unless the client specifically asks for more time, which we may grant. Quotes that are expired cannot be accepted, and a new Quote will need to be developed if necessary.

Bloweb NZ shall not be held liable for errors and omissions found in the Project Quote after the Project Quote has been accepted, and the client will incur any additional costs if necessary.

The Client accepts and agrees to the Terms and Conditions (this document you are reading) AUTOMATICALLY ON RECEIPT OF DEPOSIT, in relation to this project. This means that when you pay the initial deposit you are showing acceptance to the terms you are currently reading.

The client is provided a two-day grace period after the “commencement date” of the Project in which they can request a full refund. After the two-day grace period, it is at the discretion of Bloweb NZ if a refund will be provided, and how much will be refunded.

4 – Operations

The Project will be developed, managed, maintained and/or serviced using professional programs, which were developed and provided for commercial (and some non-commercial) use for the services we provide. All operations will be overseen by our Operations and Projector Coordinator, who may commission third party firms/individuals to complete aspects of the Project.

The Client is required to send ALL resources required, including content, images, photos, videos and other resources, to Bloweb NZ within a reasonable timeframe. Failure to do this will delay the completion of the project, and Bloweb NZ will not be responsible for any damages, incurred costs or loss of earnings due to this.

Continued delay of the Project by the Client may incur additional Rescheduling costs, which the Client will be required to pay immediately.

The Project Commencement date is, unless otherwise specified by email or verbally, the day we receive and process the initial deposit.

All Projects, unless otherwise specified by email or verbally, will be completed within 30 days of Project commencement. We reserve the right to extend this time-frame via written warning. This completion date may be delayed if the Client does not provide the required materials to complete the site within the specified timeframe.

Bloweb NZ only support technologies for browsers and computer settings that were current at the time of development. We accept no responsibility if technology changes and a product or service is no longer accessible.

The Project is signed-off when one of the following is met:

-For any Website Design service; The client requests the site to go live via email, or verbally.
-For any Internet Marketing service; After the client has been notified via email of completion of service
-For any other service; The client accepts the completed work via email, or verbally.
-For any Packaged services; All separate services have met the above criteria

5 - Inactive, Suspended and Terminated Projects

If work is held awaiting client instruction or further resources for longer than 14 days without prior arrangement, Bloweb NZ reserve the right to discontinue the project and invoice work done to date and materials used in that work. It is as the discretion of Bloweb NZ if the Client requests a Cancelled or Suspended service to continue, and the client may be required to pay any outstanding invoices, or make a further deposit.

The suspension of any work at the client’s request will entitle Bloweb NZ to full payment for all work and/or services in progress at the time of suspension, and for any work already completed that has payment outstanding. Bloweb NZ reserves the right to refuse the quotation for the uncompleted portion of the Project Quote if work is suspended for more than 30 days.

If a client terminates a Project before completion, Bloweb NZ will be compensated for all fees and disbursements incurred up to the date of termination. Bloweb NZ reserves the right to refund any funds paid by the Client for any work not commenced or completed.

6 - Payment

All Projects can be paid with 50% deposit before commencement of work, and 50% on Project Sign off. This option will be known as “Pay Now”

Projects over $900 (or via management authoriation) can be paid with a initial payment of 50%, and 12 separate monthly payments for the remaining amount at commencement date. This option will be known as “Pay Monthly”

All Projects being paid by “Pay Monthly” will remaing the property of Bloweb NZ until the full amount is paid. These projects must also be hosted on our servers until full payment has been made - if you wish to terminate hte project, or move your website to another host, you will need to make full payment of any amounts owing for the project.

All payment due-dates are noted on invoices that are sent out, and a minimum of 7 days is provided on most invoices.

All invoices are emailed – the Client bears the responsibility to regularly check their email. If the Client wishes to receive invoices by post, a request must be made toBloweb NZ and a further administration charges may be incurred.

If an account reaches 30 days from the time of its receipt, 10% fee of the total monies owing at 30 days will be incurred for administration charges.

If a Client’s debt is passed onto a third party for collection, the Client will incur ALL associated costs, including debt collection process and cancellation fees.

If the account is not paid within 90 days, the website may be suspended. A reconnection fee of $50+GST will apply, and must be paid upfront along with all outstanding amounts prior to the site being reconnected.

7 – Server Hosting

For all Projects that include Server Hosting (includes any server utilizing the Bloweb NZ Hosting Servers) will be bound by the General Hosting Terms of Service (please contact us for a copy of this).

8 – Copyright, Intellectual Property and Confidentiality

Except for any third party software or pre-existing software belonging to Bloweb NZ, all intellectual property developed relating to any Project shall be the sole property of the ClientBloweb NZ retails ownership of any intellectual property we develop until any balance related to the Project has been paid, for which the ownership (including a written document on request) will be transferred to the Client, or a nominee of the Client.

Bloweb NZ retain an irrevocable, royalty-free license to utilise (including reproduction) of the Intellectual Property created by Bloweb NZ and employed in the Project. Such license may include the client’s trade marks, logos, names, or any other branding relating to the Client’s business.

Bloweb NZ will indemnify the client in respect of any claims, costs or expenses arising from any third party allegation that code written or supplied byBloweb NZ infringes a third party’s copyright.

Bloweb NZ also reserves the right to place a link on the bottom of any website (on all pages) we develop. This will look similar to: Website Design by weBENGAGE (linked to our website and followed by our logo). Removal of this from your website will terminate any ongoing management, maintenance or obligations for any Web Design service provided in relation to the website.

Bloweb NZ will treat all confidential information belonging to the client in the strictest confidence and will not, without the prior written approval or the client:

(a) Disclose the confidential information to any person or organisation outside Bloweb NZ; or
(b) Disclose the confidential information to any director, employee, or agent of Bloweb NZ who does not need to know the Confidential Information for the purpose of this Agreement; or
(c) Use any of the confidential information other than for the purpose of this Agreement or otherwise in any way which will be detrimental to or in conflict with the interests of the Client.

9 – Legal Notices

Any complaint shall be made in writing within 21 days of receipt of goods or services in order to remedy faults or complaints. Any disputes pertaining to invoices received after 21 days will be null and void.

Bloweb NZ reserves the right to refuse any Projects, and shall not be responsible for any delay, default loss or damage due to any industrial disputes, accidents, hackers, Acts of God, equipment failure or mischievous damage or other causes beyond Bloweb NZ control.

Bloweb NZ shall not be liable for any indirect of consequential loss or for the loss to a Client arising from third party claims occasioned by errors in carrying out the work or by delay in delivery or by failure in equipment. Bloweb NZ shall not be liable for any costs incurred, compensation or loss of earning due to the failure to meet agreed deadlines.

Bloweb NZ shall be indemnified by the Client in respect to any claims, costs end/or expenses arising from any matter, which is illegal, libellous in matter or in breach of the Fair Trading Act 1986 or any other statute or any infringement of copyright, patent or design.

Bloweb NZ reserves the right at all times to remove without notice a client's material from its server if Bloweb NZ deems material on the client's website to be of an illegal and/or libellous nature.

Bloweb NZ reserves the right at all times to remove without notice a client's material from its server for failure to pay fees owed in accordance with Bloweb NZ's payment terms.

No guarantee shall be given or implied that the goods or services supplied to the client's instructions or designed by Bloweb NZ to those instructions are suitable for specific market requirements unless those are documented and / or from part of the original Project Quote.

Bloweb NZ reserves the right to update these terms of service at any time without notice.