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These are our normal terms and conditions of work. We will not deviate from these unless specifically requested, and our express consent is given to do so. However, some terms are negotiable and may be adapted for special circumstances, upon agreement by both EasyWeb and the Client. These terms and conditions form a part of, and should be read in conjunction with, the proposal for goods and services provided by EasyWeb Limited.
EasyWebs Obligations to You
- To keep you (the customer) well informed with progress throughout the project(s), and alert you in the first instance of the possibility that your project(s) may exceed our provided quote.
- To estimate the cost of project(s) to a reasonable accuracy either on a fixed rate per task included in the quote, or on an hourly rate. The cost calculation is an estimate only. We will make every effort to ensure that the project is completed within the parameters stipulated. However, should we foresee any variation in the tasks or expected time required to complete the project, we will cease further work on the project(s), and immediately discuss with you the likely impact on the final cost, and your options for proceeding. Should EasyWeb be requested to undertake or complete additional work over and above the original quote/agreed job, we reserve the right to charge for it at our standard hourly rate or otherwise.
- To keep confidential any information that we obtain during the course of performing the project that relates to your business or business practices.
Your Obligations to EasyWeb
- Provided that EasyWeb have met all our obligations as outlined in the initial quote, you will pay any invoices from EasyWeb by their due date (fourteen days after the invoice has been sent). The payment schedule shall be as above (unless our express consent has been provided in writing). A deposit will be requested upon the commencement of work exceeding $499, of 30% of the quoted amount.
- Invoices that reach fourteen days beyond their due date, without payment will incur an additional late payment fee of 10% of the Invoice amount. Failure to pay an invoice an additional fourteen days beyond the due date will lead to a project falling into inactivity and reestablishment fees will apply. EasyWeb reserve the right to legally persue any clients who fail to make payment on Invoices issued to them.
- Your entity (including employees) will cooperate with us during the course of the project. Any request for information, content materials including but not limited to; text, images or other media, or assistance, will be acted upon promptly.
- Should a project fall into inactivity (21 days or more without response) a reestablishment fee of $250 + GST will apply in order to cover time spent becoming reacquainted with the requirements of the project.
- Should a project need to be abandoned, the client must state in writing to EasyWeb Limited their intention to do so, and understand that a one off fee of $150 + GST will be applicable for the abandonment.
- Any request for work to be completed is understood to, and will be invoiced at our standard hourly rate of $72 + GST.
- Should you become aware of any information that would impact the faithful completion of your project(s), you will notify us immediately.
- Works completed by EasyWeb shall not be manipulated, changed, edited or adjusted without the written consent of EasyWeb Limited. This excludes replacements of text on pages.
- By providing the work to be completed, in accordance with your brief or instructions the client confirms that EasyWeb Limited will not infringe on the intellectual or other rights of any third party, or breach any law and furthermore that EasyWeb Limited will not be exposed to any claim from any person(s) or entity whatsoever.
- Clients will be provided with source code for web sites developed, and will retain the right to use and modify the source code for their own purposes. Unless otherwise agreed in writing, clients will not have the right to on-sell any web site product developed by EasyWeb, or use the source code provided as the basis for development of future products for anything other than the client's own use.
- EasyWeb does not guarantee works to be error free and does not accept liability for these beyond settlement of invoices pertaining to the project(s) in question.
- EasyWeb does not accept responsibility for updating any products used in the development of your website, be it software or dependencies. Unless the customer is hosting through EasyWeb's preferred supplier and subscribed to our maintenance service for $100 + GST per year.
- It is important to understand that our website development timeframes provided, are based on the assumption that requests from EasyWeb, for content or otherwise, will be actioned promptly.
- EasyWeb reserve the right to contract third parties to assist with any work.
- You agree that for marketing purposes a link will be placed in the footer of your website back to EasyWeb. A one-off fee of $250 NZD + GST will apply should you wish to have this removed.
- EasyWeb may invoice the client at our discretion, on completion of the work, part of the work, on a monthly basis or at any other intervals as work progresses or as we see fit. It is understood that failure to make payment on any of these invoices will incur the (late payment and abandonment) conditions aforementioned.
- EasyWeb reserve the right to use any resulting work done for clients for our own marketing purposes, and to be attributed to us to the extent that the work is of a type where attribution can reasonably be given.
Limitations of Liability
- EasyWeb Limited, our employees, agents or sub-contractors will not be liable under any circumstances to compensate you for any loss, injury or damage arising directly or indirectly from any act, omission, error, default or delay by us in the performance of your project(s), except in the case where we are proven negligent. In which case, the following will apply:
- Our liability for negligence will be limited to the value of services that EasyWeb had intended to provide as outlined in the quote. In the case of damage to data, our liability will be limited to the cost of replacement media only. You must retain backups of all data transmitted to EasyWeb.
- EasyWeb shall not be liable for delay or failure to perform its obligations under this agreement if the cause of delay is beyond EasyWeb's control, or impractical for EasyWeb to resolve.
- EasyWeb reserve the right to modify or add to these Terms & Conditions at any time without notice.
- Anywhere throughout our Terms & Conditions where 'we','us' or 'EasyWeb' is stated it is understood to be referencing the legal entity EasyWeb Limited (5398842).
- Where dollar values are listed throughout EasyWeb Limited's Terms & Conditions it is understood to be exclusive of Goods & Services Tax and in New Zealand Dollars.