Geeky WebMaster Terms & Conditions
Opening Statement
Our terms and conditions as set out in this document/page for our customers. This agreement covers the supply of all website design services and website design packages ordered by the Client from Geeky WebMaster and lists the contractual obligations of both parties, even in the absence of a specific written contract.
Commencement of Website Design Services
Geeky WebMaster will commence the supply of website design services only after receiving the following from the Client:
i) Written or email confirmation of the order by the Client; and
ii) Final contents for the website, including logo, graphics, and website copy; and
iii) If requested by Geeky WebMaster, any deposit payment;
Agent
By using the Geeky WebMaster services, products and/or Geeky WebMaster platform you are requesting Geeky WebMaster to act as your agent to perform a range of tasks including research, analysis, design, creative, media placement, managing and updating listings and postings, reporting etc which may include using a range of 3rd party sources.
Required Information
You, the client, agree that you will supply all of the necessary info we require for your design job. This includes all and any copy, images, and logos. You, the client, guarantee to Geeky WebMaster that any elements of copy, graphics, photos, designs, trademarks or other artwork that you provide, you either own or you have the ok to use them. Any info that Geeky WebMaster has to source, we, therefore charge $99 per hour for our time. Anything Geeky WebMaster needs to purchase for the design job incurs a cost. We will pass it on to you, the client. We will discuss this with you before any costs are incurred and any invoices are sent.
Website and Design Job Approval
Once you (client) approves your designs, you accept all responsibility for any use of the design. This includes any other process, eg printing, signage, Facebook banners. Geeky WebMaster holds no responsibility for any issues or errors that happen post design approval. Any changes that require post-approval will incur an extra design fee. This is to cover the time it takes to make the changes. Geeky WebMaster will discuss this cost with you and an invoice will be sent before any design work changes will be made.
Design Ownership
Any design options Geeky WebMaster sends to you during the design process is the property of Geeky WebMaster. Therefore we do not give permission for anyone else to reproduce any of our designs. When You (client) approves and pay a design in full then you own the design.
Obligations and Responsibilities
The Client and Geeky WebMaster agree to the following:
(i) Geeky WebMaster Obligations
Geeky WebMaster will provide website design services in a fair and reasonable manner and will endeavour to develop an excellent working relationship with the Client. Geeky WebMaster will:
i) Consult with the client as to their specific website design requirements
ii) Prepare and supply to the client, website design concept proofs for the client to review and sign-off
iii) Supply the client with a website and website pages that match the website design visual signed off by the client
iv) Set up website hosting if hosting has been ordered by the Client
v) Keep the client well informed of the design process and provide the client with regular updates throughout the website design process
(ii) Client Obligations
The client will:
a) Provide clear and unambiguous instructions to Geeky WebMaster as to their website design requirements
b) Provide the contents for the website in a timely manner
c) Sign off the website deliverables in a timely manner and prior to the website going live
d) Inform Geeky WebMaster of any issues that may impact on the delivery of the website
e) Respond to requests for information from Geeky WebMaster in a timely manner
Testing, sign off & requirements in addition to the chosen website design package
Geeky WebMaster will request that the Client signs off the website design concept and the final website. If the Client is not satisfied with the design concept or the final website, Geeky WebMaster will make the necessary changes so long as the changes are within the scope of the chosen website design package. This process will continue until the design concept or final website is accepted and signed off in writing (or via email) by the Client. If the Client requests additional or changed functionality or content that falls outside of the website package ordered by the Client Geeky WebMaster will charge for these additional requirements on an hourly basis.
Automatic renewal unless you terminate
This Agreement will automatically renew for a successive twelve (12) month Term on the anniversary date of the hosting, unless cancelled in writing by the Client at least 30 days prior to the end of Term renewal date. Renewal prices are subject to change. Renewal of the service by the Client indicates agreement to any Contract revisions and price changes. Renewal fees for the web hosting term will be invoiced to the Client.
Breach
If either party is in material breach of this agreement at any time (the “breaching party”),
then the other party (the “other party”) may give notice to the breaching party setting out the details of the alleged material breach and requiring the breaching party to remedy the breach within 14 (fourteen) days. If the breaching party fails to remedy that breach within that period then the other party may immediately, at any time afterwards, terminate this agreement by sending written notice of termination to the breaching party. Non-payment by you as customer of any sum due and payable to us will be deemed to be “material”.
Liquidation
If either party goes into liquidation, then the other party may immediately, at any
time afterwards, terminate this agreement by sending written notice of termination to the party in
liquidation.
Price
The Price for the Services you purchase will be as stated in the Quote/Invoice we provide to you. You will be deemed to have accepted a Quote if you use the relevant Service as stated in the Quote. You agree to pay us the Prices as stated in that Quote, on time. All Prices and any other fees and charges are in New Zealand dollars.
The price for the website will be the price advertised at the time of the order for the chosen website package or service, plus any additional charges incurred for requests over and above the scope of the chosen website package or service. Additional work will be charged out at Geeky WebMaster normal hourly rate.
Variable Prices / Third Party Pricing: Some Services (such as Facebook and Google advertising) may use a variable pricing model. Those (or other) third parties we engage with as part of the Services you have purchased may vary their prices and other charges to us in any way from time to time. We cannot control that, and so if that occurs, we will be entitled to charge you for all such third party price variations, and you agree to pay such charges
Suspension Request
You may request that one or more of the Services you are purchasing be suspended for a limited period and restarted without incurring an additional set up charge. All such requests are subject to our prior written approval, which may or may not be provided. Even if we approve, some payments by you may still need to continue for that Service, which we would explain at that time. Suspension of any services will take effect 60 calendar days following the date of your
next yearly invoice
Cancellation of Design Job
You, the client, and Geeky WebMaster may resolve to cancel a design job at any time if the design work/relationship is unsatisfactory, by either party. Geeky WebMaster requires written confirmation of any project recall. Geeky WebMaster retains the copyright of all incomplete and completed files/designs and no one else may reproduce these files/designs. Once a design job starts and you, the client, fails to make contact with Geeky WebMaster for a period of 60 days then the Geeky WebMaster will cancel the design job in writing. We will email the cancellation invoice with a 25% fee of the outstanding design cost. Payment is due Seven (7) days from issuance of the invoice unless both parties agree otherwise. A two and a half percent (2.5%) monthly service charge is billable against overdue invoices/late payments.
Payment
The required method of payment or any payment options available will be set out in your Quote. If a Service uses an upfront payment model, you will be charged the entire amount for that Service in advance. If a Service uses a subscription payment model, you will be charged in regular instalments for that Service. Instalments are usually yearly (payable in advance), but sometimes other periods are available as may be set out in the quote. Subscription amounts are payable for each period in advance, from the day of the quote order being accepted, and on the same date yearly afterwards. The first payment of generally taken within 7 days of accepting the quote/invoice, we will not be required to start performing the relevant service(s) until the first (or only) advance payment has been received by us in respect of that service.
Payment Terms
You, the client will receive your invoice via email for a non-refundable deposit of 25% of the design cost. Once we, Geeky WebMaster, receives this payment, we will email you your initial design work within 7 working days. We require all remaining fees before we can send you your final files. Payment is due Seven (7) days from issuance of invoice unless we arrange otherwise with you.
Geeky WebMaster will only put the website live once all invoices have been paid for in full.
Overdue accounts
i) Any debt collection costs incurred by Geeky WebMaster for recovery of any monies owed to Geeky WebMaster by the Client will be paid for by the Client
ii) Geeky WebMaster reserves the right to charge 2.5% per month interest on any overdue amount
iii) Geeky WebMaster may at its sole discretion refuse to provide further services to the Client due to overdue accounts or poor payment history
iv) Geeky WebMaster may suspend any website it hosts without notice due to unpaid accounts, website hacks or website instability
v) Geeky WebMaster may suspend any developer licensing it has provided to the client for commercial plugins used on the client’s website due to unpaid accounts.
By engaging our services you are deemed to have accepted our terms and conditions, which are posted on our website: www.Geeky WebMaster.com. Interest of 2.5% per month may be charged on all overdue accounts. All costs incurred in the recovery of overdue accounts will be added to the balance of any outstanding debt including, but not limited to, debt collection charges and legal fees. Geeky WebMaster reserves the right to suspend all services until the purchaser’s debt has been cleared.
Our Digital Products
Our Digital Products and other Intellectual Property we own will remain owned by us or our third party licencors as the case may be at all times. At no time during or after this agreement terminates will you obtain any proprietary interesting relation to any of these items we own. You merely obtain a limited, non-exclusive license to use those of our Digital Products which we allow you to purchase the right to use as part of the Service, within the scope, duration and intended use requirements as stated in this agreement or as otherwise communicated by us to you from time to time.
Maintenance after the Website is Live
Any website changes or updates requested by the Client after the website has gone live, will incur additional fees and will be charged out by Geeky WebMaster at their normal hourly rate as published on their website.
Search Engine Optimisation (SEO)
The website pages will be accessible to the search engines; however, Geeky WebMaster does not provide any guarantee of any improvement in your search engine rankings or that your website will rank for any specific keyword or keyword phrase. SEO is a specialist skill and you may need to hire our SEO services to achieve the desired search engine rankings.
Browser Testing
Geeky WebMaster will test the final website in the most commonly used modern web browsers. Geeky WebMaster cannot guarantee that the website will look identical on all web browsers, but it will look to be an approximation of the design concept signed off by the client.
Mobile Testing
The website will be mobile phone ‘friendly’ and responsive in design so that it ‘adapts’ to the size of the device accessing the website. The mobile website will not look identical to the desktop website but will be in keeping with branding and logo identity. Geeky WebMaster will test the website in multiple devices, but due to the large number of mobile devices and display resolutions, we cannot guarantee that the website will look the same across all devices. The mobile adaptations made by Geeky WebMaster will be at their sole discretion and in line with industry standards and will be for two mobile device break points (small and medium devices), any requirements for coding for a specific device or break point will be an additional charge and fall outside of the website package
Use of Third Parties
We may, as part of the Services, supply you with links to, or data from third party suppliers. Although we will take reasonable steps to ensure the accuracy and completeness of such links and data, we are not liable for any error, inaccuracy or omission in relation to such items.
Disputes
If either you or us has any issues or concerns about this agreement or our wider business relationship, we agree to set those concerns out reasonably, in an email to the other party, after which we must use all reasonable endeavours to discuss or meet to try to resolve the issue amicably. This step must be taken before any other legal action is taken by either party, other than in respect of any monies owing by you to us, or in respect of any urgent interlocutory relief.
Guarantees & Warranties
The website comes with a 30-day warranty against any website bugs or errors, and Geeky WebMaster will correct any errors introduced to the site by Geeky WebMaster including copy errors. Geeky WebMaster does not provide any guarantee or warranty whatsoever on any third party software that is used in the construction of the website including the code used in Open Source content management systems or plugins or commercial premium WordPress plugins or themes. If the client is not satisfied with the website design service provided, they must inform Geeky WebMaster in writing of the specific issues they have within 30 days of the website going live. Geeky WebMaster may at its discretion supply additional services as a remedy.
Liabilities
The Client agrees that Geeky WebMaster will not be liable for any indirect or consequential damages, loss of profits or for any claim made on the client by any other party, even though Geeky WebMaster may have been notified of such damage or claims. Geeky WebMaster will not be liable for any loss or damage arising directly or indirectly out of delay in the supply of the deliverables or failure to perform its obligations under this agreement where the delay is caused directly or indirectly by an act of God, armed conflict, labour dispute, civil commotion, intervention of a government, inability to obtain labour, materials or manufacturing facilities, accidents, interruptions of, or delay in, transportation or any other cause beyond their control. The Client agrees to indemnify Geeky WebMaster against any false advertising claims, liability claims for products or services sold by the Client, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided by Geeky WebMaster to the Client under this agreement, claims related to any malfunction of the website, or for any content submitted by the Client for publication by Geeky WebMaster. Geeky WebMaster publication of material submitted by the Client does not create any express or implied approval by Geeky WebMaster of such material, nor does it indicate that such material complies with the terms of this agreement.
Applicable law
This agreement shall be interpreted in accordance with the laws of New Zealand. If the Client acquires the services for the purpose of a business, they agree that the provisions of the Consumers Guarantee Act 1993 do not apply to the service provided.
Complaints:
All complaints can be made directly to Geeky WebMaster via email [email protected]
Limitation of Liability
You, agree to indemnify and hold harmless Geeky WebMaster from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including legal fees and costs. But only to the extent caused by, the work supplied by Geeky WebMaster.
3rd Party Hosting
If the Client does not host the website with Geeky WebMaster, the Client will be responsible for choosing, paying for, and maintaining their Hosting solutions and associated services. As a courtesy, Geeky WebMaster may offer suggestions, however, Geeky WebMaster is NOT responsible for down time, poor performance, or loss of data. Additionally, Geeky WebMaster is not responsible for any bug caused by changes on the Host after the website has gone live or during development of the website, including but not limited to updates to operating system, compile systems, code libraries and languages, or any changes resulting from security violations or settings.
Security & Updates to WordPress
Due to the nature of rapidly advancing technology and the open source nature of WordPress and WordPress themes and plugins, Geeky WebMaster cannot guarantee that the website will be safe from security breaches, unauthorised access, or hacking. Geeky WebMaster recommends the use of strong passwords and the observance of standard security practices.
Hacked websites
Geeky WebMaster will not be responsible for any security breach or hacking of the website and the Client will need to cover the costs of repairing and restoring the website as a 3rd party service provider may need to be hired to clean and restore the website.
Cancellation
Either party may terminate the agreement on 10 working days’ written notice to the other party. If Geeky WebMaster has commenced work for the client prior to the cancellation the client will be liable for any hours worked at Geeky WebMaster normal hourly rates. Geeky WebMaster may terminate this contract should the Client go into liquidation or bankruptcy.
Lawful use only
The Client will use the web hosting for lawful purposes only. The display of adult or indecent content is strictly prohibited and will result in immediate cancellation of the hosting service. Nor will the hosting be used in support of any illegal activities or activities that breach New Zealand law. The transmission of any material that infringes the proprietary rights of any third party is also prohibited.
Trademarks and Copyrighted Material
The Client warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service.
Deletion of Hosting Account
On termination or cancellation of this agreement for whatever reason, Geeky WebMaster has the right to delete all data and files residing on the hosting account including but not limited to WordPress installation files, themes, plugins and content uploads.
Closing Statement
YOUR ACCESS OR USE OF THE SITE OR SERVICE SHALL MEAN THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS. By accessing or using any Website or Services you also represent that you have the legal authority as per applicable law (including but not limited to age requirement) to accept the Terms on behalf of yourself and/or any other person you represent in connection with your use of the Site or Services. If you do not agree to the Terms, you are not authorized to use the Site or Services.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. You agree that it is your responsibility to monitor changes to our site. Please check these Terms periodically for changes.
Thank you for taking the time to read these terms and conditions. In conclusion, if you have any queries please contact with Geeky WebMaster. This contract is made between you, the client, and Geeky WebMaster.