All prices stated within this website (www.aboutimage.co.nz) are GST exclusive and in $NZ.
TERMS AND CONDITIONS OF TRADE
The Buyer orders the Goods and/or Services on the Terms and Conditions set out herein:
1.0 Price and Terms of Payment:
1.1 About Image’s price for Goods and/or Services sold to the Buyer shall be the total net price set out on the invoice.
1.2 In addition to the total net price of the Goods and/or Services set out on the front of the invoice, the Buyer shall pay GST thereon and all such taxes, duties, fees, transport costs, postage and packaging costs and other costs which About Image determines are payable in respect of the Goods and/or Services ordered by the Buyer (“the Buyer’s Order”) together with any GST thereon (called “the Total Price”).
1.3 Payment by the Buyer of the Total Price shall be due upon on the 20th of the month following issue of the invoice, unless About Image has entered into a written credit arrangement with the Buyer authorising payment on other terms. If such an arrangement exists, payment by the Buyer shall be in strict accordance with that credit arrangement.
1.4 Notwithstanding clause 1.3, if the Buyer commits an act of bankruptcy, compounds or arranges with all or a number of its creditors or being a company has a receiver appointed or goes into liquidation whether voluntarily or otherwise, then payment of the Total Price by the Buyer shall be due immediately upon the happening of any such event. The parties acknowledge that the performance of this clause is essential to About Image.
1.5 Where the Total Price has become due and payable pursuant to clause 1.3 or 1.4 hereof, then without prejudice to About Image’s right to sue for payment or any other remedy About Image may have, the following shall apply:
1.5.1 All amounts payable to About Image in respect of any Goods and/or Services delivered to the Buyer shall thereupon become immediately due and payable to About Image without further notice in respect thereof, and
1.5.2 Interest shall be payable by the Buyer on all amounts due to About Image at the rate of 18% per annum and such interest shall be calculated on a daily basis from the due date for payment until payment is received in full by About Image.1.5.3 The Buyer shall pay all of About Image’s legal costs (including debt collection,Solicitor/Client costs) pertaining to any enforcement action taken by About Image against the Buyer for payment of all or any amounts due.
2.0 Delivery of Goods and/or Services:
2.1 About Image shall produce the Goods and/or Services to the Buyer as soon as is reasonably practicable after acceptance of the Buyer’s Order.
2.2 Delivery of Goods shall be deemed to have taken place when the Buyer retrieves the Goods or the Buyer’s agent or any other person or carrier to whom About Image has been authorised by the Buyer to retrieve such Goods whether expressly or impliedly and whether in writing or orally.
2.3 Unless expressly agreed in writing between the parties as to the means of delivery of the Goods, About Image may effect delivery in any manner About Image determines.
2.4 Delivery of Services shall be deemed to have occurred upon completion of the Services.
2.5 All references to proposed delivery dates made by About Image whether orally or in the Sales Invoice or in any other form of communication are estimates only and About Image shall not be bound by such estimates. About Image shall take all reasonable steps to comply with such proposed delivery dates.
3.0 Return of Goods:
3.1 Where the Goods are of acceptable quality and otherwise comply with the other Guarantees set out in the Consumer Guarantees Act 1993, the Buyer may not return the Goods supplied by About Image in accordance with the Buyer’s Order unless About Image expressly agrees in writing to a request from the Buyer to accept the return of the Goods and the Buyer complies with all the terms and conditions (if any) that About Image may impose as prerequisite to accepting the return of the Goods.
4.0 Risk of Goods:
4.1 The risk in the Goods supplied by About Image to the Buyer shall immediately pass to the Buyer upon delivery of such Goods and/or Services to the Buyer
5.0 Title/Ownership of Goods:
5.1 About Image shall retain title/ownership to the Goods delivered to the Buyer, until the Buyer has paid for the Goods in full and the Buyer hereby acknowledges that About Image’s rights, set out in clause 5.2 are a way in which the Buyer’s right to undisturbed possession of the Goods pursuant to the Consumer Guarantees Act 1993 could be disturbed by About Image.
5.2 If the Buyer does not make payment in full for the Goods by the due date About Image may:
5.2.1 Repossess the Goods delivered and in order to effect such repossession About Image, its employees, agents or representatives are hereby authorised by the Buyer to enter into any of the Buyer’s premises where the Goods may be located. The Buyer hereby indemnifies About Image in respect of any claim, action, damage or expense incurred or threatened as a result of About Image exercising such powers of repossession and entry and shall pay to About Image all costs incurred incidental to the recovery of the Goods; and
5.2.2 In the case of a web site, About Image has the right to shut down the web site until payment has been made. This also includes non payment of annual domain name registration and web hosting fees
5.3 About Image Content Management System. This specifically designed web system is deemed to be the intellectual property of About Image Ltd and falls under the Copyright Act 1994.
The ownership of our CMS system remains the property of About Image and will not be transferred to any other web provider.
6.0 Seller’s Liability:
6.1 Where the Buyer does not make known either expressly or by implication to About Image the purpose for which the Goods and/or Services are being acquired by the Buyer, then the Buyer shall ensure the Goods and/or Services supplied are reasonably fit for the purpose for which the Goods are being acquired by the Buyer.
6.2 About Image shall not be liable to repair or replace defects in the Goods that have occurred otherwise than through the normal and proper use of the Goods by the Buyer or have emerged otherwise than from faulty design, materials or workmanship of About Image .
7.0 Business Use:
7.1 The Buyer hereby acknowledges that if the Buyer is acquiring Goods and/or Services from About Image for the purpose of a Business then the Buyer and Seller hereby expressly agree that the provisions of the Consumer Guarantees Act 1993 shall not apply to the agreement for the supply of the Goods and/or Services.
7.2 “Business” shall have the same meaning as set out in Section 2 of the Consumer Guarantees Act 1993.
7.3 Where clause 7.1 applies, the Buyer hereby warrants and undertakes with About Image that the Buyer shall in a like manner contract out of the provisions of the Consumer Guarantees Act 1993 where the Buyer is on-selling the Goods and/or Services to a consumer who is acquiring the Goods for the purpose of a business.
7.4 The Buyer hereby indemnifies About Image for all liability, costs, damages and loss About Image may suffer from the Buyer’s failure to comply with clause 7.3 hereof.
8.0 Dispute Resolution:
8.1 The Buyer and Seller hereby agree that any dispute or difference (“the Dispute’) which may arise between the Buyer and Seller as to the meaning or application of any part of this Agreement or any other matter touching or concerning this Agreement shall be actively and in good faith negotiated by the parties with a view to a speedy resolution of the Dispute.
8.2 If the Buyer and Seller are unable to resolve the Dispute, then the Buyer and Seller hereby agree to endeavour in good faith to resolve the Dispute expeditiously using informal dispute resolution techniques such as mediation or such similar techniques agreed upon by the Buyer and About Image.
8.3 If the Buyer and About Image do not agree within five (5) business days as to the dispute resolution techniques and procedures to be adopted then the Dispute shall be referred by the parties to arbitration pursuant to the Arbitration Act 1996 or any statutory provisions relating to arbitration.
9.0 Proper Law:
9.1 This Agreement and these Terms and Conditions of Sale shall be governed by New Zealand law and the New Zealand Courts shall have exclusive jurisdiction in connection herewith.
10.0 Design Charges
10.1 All pricing is GST exclusive. Please refer to our ‘Menu’ for graphic and web design charges, so that you can calculate your initial costs. Graphic design is charged at $80.00 p/h and web design starts from $85.00 p/h.
11.0 Quotation/Estimates
11.1 All pricing for proposed web development will be an estimate only - Static/html $85/ph. Dynamic data base/asp/aspx $105 or $120p/h. Estimates are valid for 30 days from date of issue and are priced on the specification as outlined in the written estimate. If the job differs from this or is outside of the allocated time frame, costs may vary.
11.2 All Printing quotations are valid for 30 days from date of issue. Quotations are priced on the specification as outlined in the written quote. If the job differs from this or is outside of the allocated time frame, costs may vary.
11.3 If quote is accepted within the allotted 30 days - the quote is then valid for a further 60 days.
12.0 File Ownership / © Copyright
Design elements, in raw/working file formats (editable – indd,ai,psd or layered rasta file) remain the intellectual property of About Image. This is in accordance with the Copyright Act of New Zealand.
Once a client has paid for their designs, pdf files (un editable) will be supplied upon request to the client to be used for future printing (i.e. brochures, business cards etc).
Logo designs will also be supplied in pdf format to be transferred to other products by the client (i.e. letterheads, in house documents etc) and used for sponsorship/promotion to other persons, at the client’s discretion.
Files supplied for proof purposes cannot be used until final payment has been made to About Image Ltd.
Licences:
In the event a client wishes to transfer raw/working files to another print or graphic design provider, the client can apply for a “Copyright Licence” with limited conditions, at the discretion of About Image and for a licence fee .
An application can be used only once and must state which elements are to be changed and the time frame of the project..
Note: These elements are restricted to dates, times, text logos and photographic images. No licence will be granted that will adversely affect the integrity of the original design.
The licence is a binding contract, stating all changes. Any further changes above and beyond the licence will contravene the New Zealand Copy Right and Intellectual Property law.
13.0 Responsibility
13.1 While every attempt is made to provide correct and up-to-date information on websites or other publications, About Image does not guarantee its accuracy. Views expressed on websites and other publications are the views of the respective website owners or contributors and are not necessarily views held by About Image.
13.2 About Image accepts no responsibility for your web site being tampered with, in any way by a third party, nor is it liable for any claim of lost time, if the sever is temporarily disabled.
13.3 By accepting these terms and conditions and/or becoming a client of About Image Ltd, you give permission for your email address to be used for marketing campaigns, until such time as you "unsubscribe".
Commitment of Service
ABOUT IMAGE COMMITMENT TO YOU
1. Ensure confidentiality for you and your business venture.
2. Provide innovative design, quality promotional material, competitive prices and exceptional customer service.
3. Provide on-going support for your business with regard to re-orders, and updates of information for your promotional material and web sites. About Image supports all clients by encouraging networking.
4. Provide quotations for all promotional material and volume print runs so that you are achieving the best prices available.
5. All pricing is GST exclusive. Please refer to our ‘Menu’ for graphic and web design charges, so that you can calculate your initial costs. Graphic design is charged at $80.00 p/h and web design starts from $85 p/h + GST.
6. If your design work runs over the current month, the work will be interim billed at the end of each month. This allows you distribution of payments until your work is completed.
7. Any disbursements such as courier fees etc will be on charged.
YOUR COMMITMENT TO ABOUT IMAGE
1. To provide all information, i.e. text, images and design requirements within a time frame to enable About Image to complete designs and provide promotional material when required.
2. All work will be paid for by the following 20th upon completion of work. Interim billing will also be due by the 20th of the following month.
3. For re-prints of promotional material, allow time for us to place your order within our work schedule. For your convenience, re-printing can be ordered via the re-order form on our web site.
4. Sign off proof sheets are to be faxed, mailed or signed on site. About Image will endeavour to ensure that material is correct, however, please make sure several people proof read your material. Once you sign off, the responsibility for errors lies with you.