Terms & Conditions of Trade
All prices stated within this website (www.aboutimage.co.nz) are GST exclusive and in $NZ.
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 Services sold to the Client shall be the net price set out on the invoice.
1.2 In addition to the net price, the Client shall pay GST 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 Services ordered by the Client called “ Total Price” which is inclusive of GST.
1.3 All pricing, quotations and estimates are supplied as exclusive of GST. All Web design and Graphic design pricing is an estimate only. Estimates are valid for 30 days from date of issue and are priced on the specifications as outlined in the written estimate. If the job differs from this or is outside of the allocated time frame, costs may vary.
1.4 Payment by the Client of the total invoice shall be due upon delivery of the Goods and Services if a cash sale, or on the 20th of the month following generation of the invoice, unless About Image has entered into a written credit arrangement with the Client authorizing payment on other terms. If such an arrangement exists, payment by the client shall be in strict accordance with that credit arrangement. If payment has not been received by the 20th of the month following generation of the invoice a $50 late penalty fee will be applied every month until the account is paid in full.
1.5 If the Client 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 Client shall be due immediately upon the happening of any such event.
1.6 All invoices overdue by 90 days or more shall be referred to a debt collection agency.
1.7 Interest shall be payable by the Client 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.
1.8 The Client shall pay all of About Image’s legal costs (including Solicitor/Client costs) pertaining to any enforcement action taken by About Image against the Client for payment of all or any amounts due.
2.0 Delivery of Goods and/or Services
2.1 About Image shall provide the Goods and Services to the Client as soon as is reasonably practicable after acceptance of the Client’s Order.
2.2 Delivery of Goods shall be deemed to have taken place when the Client retrieves the Goods or the Client’s agent or any other person or carrier to whom About Image has been authorized by the Client to retrieve such Goods whether expressly or implied 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 affect delivery in any manner About Image determines.
2.4 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.
2.5 About Image shall retain title/ownership of the Goods delivered to the Client until the Client has paid for the Goods in full.
3.0 Ownership of Artwork and Source Files
3.1 Except for Client’s Proprietary Material (defined below) contained in the Project, About Image shall hold all right, title, and interest in all original artwork, whether in draft, mock-up, concept or final development for the Project. Specifically, but without limitation, About Image shall hold all right, title, and interest in and to (1) all text, graphics or digital components of the Project (the “Content”), (2) all layouts, logos, structures or arrangements or other components of any materials presented to the Client that comprises the Project, (3) all literal and non literal expressions of ideas that operate, cause, create, direct, manipulate, access, or otherwise affect the Content, and (4) all copyrights, patents, trade secrets, and other intellectual or industrial property rights in the Project or any component or characteristic thereof. The Client shall not do anything that may infringe upon or in any way undermine About Image’s right, title, and interest in the Project, as described in this paragraph. Notwithstanding the above, the Client shall retain and, About Image shall have no proprietary rights whatsoever in all of Client’s intellectual property rights in any and all text, images or other
4.0 File Ownership / © Copyright
4.1 Upon payment, About Image Ltd will provide ‘final’ artwork that cannot be manipulated (ie. no editable vector files, layered Photoshop files etc).
4.2 About Image Ltd, is the creator and is the copyright owner of all working/native graphic and web files.
4.3 Files supplied for proof purposes cannot be used until final payment has been made to About Image.
4.4 In instances that the Client should want editable files, an agreement between the Client and About Image must be drawn up prior to artwork being created. If About Image feels that it is in the best interest of both parties that the files are released without a contract being signed a fee will be incurred determined by About Image on the appropriate market value.
5.0 Return of Goods
5.1 Where the Goods are of acceptable quality and otherwise comply with the other Guarantees set out in the Consumer Guarantees Act 1993, the Client may not return the Goods supplied by About Image in accordance with the Client’s Order unless About Image expressly agrees in writing to a request from the Client to accept the return of the Goods and the Client complies with all the terms and conditions (if any) that About Image may impose as prerequisite to accepting the return of the Goods.
5.2 Where a Client changes his/her mind after the order is signed off, to either change or relinquish the goods and services, the Client is still required to pay for the original completed work.
6.0 Risk of Goods
6.1 he risk of the Goods supplied by About Image to the Client shall immediately pass to the Client upon delivery of such Goods and Services to the Client.
7.0 About Image’s Liability
7.1 Where the Client does not make known either expressly or by implication to About Image the purpose for which the Goods and Services are being acquired by the Client, then the Client shall ensure the Goods and Services supplied are reasonably fit for the purpose for which the Goods are being acquired by the Client
7.2 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 Client or have emerged otherwise than from faulty design, materials or workmanship of About Image or other supplier.
7.3 About Image will take all reasonable care in its undertaking of work for a Client to ensure that it is free from errors. The Client warrants the understanding and acceptance that, as it is not possible to guarantee freedom from errors the final responsibility for accuracy lies with the Client.
8.0 Dispute Resolution
8.1 The Client and About Image hereby agree that any dispute or difference (“the Dispute”) which may arise between the Client and About Image 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 Client and About Image are unable to resolve the Dispute, then the Client and About Image hereby agree to endeavor in good faith to resolve the Dispute expeditiously using informal dispute resolution techniques such as mediation or such similar techniques agreed upon by the Client and the About Image.
8.3 If the Client and the 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.
Terms and Conditions – Web Design
1. About Image agrees that all of the business affairs and information of the Client are to be kept confidential except where necessary for the execution of their services for the Client.
2. About Image is not responsible for search engines crawling and ranking websites which are hosted by About Image.
3. About Image is not responsible for loss or damage to client’s data due to hacking of a website or other online system.
4. About Image is not responsible for spamming, phishing, pharming or spoofing originating from a clients website or online system.
5. All intellectual property rights in materials provided by the Client for its website remain the Client’s property. Subject to this, all intellectual property rights in software, design work or any other materials provided to the Client pursuant to this agreement remain the property of About Image.
6. The Client is responsible for ensuring that all material supplied to About Image during a web site development is either copyright free or that the Client has the permission of the respective copyright owners to use the material.
7. The Client will provide About Image, within a reasonable time-frame either at the beginning of a development or before a development commences, all information and assistance reasonably required for the completion of any agreed tasks, including overall business objectives and objectives for the Client’s website. This is to include but is not limited to costs, pictures, content information, photographs, timescales and required functionality, plus any relevant legal requirements, logos, artwork, product and service information.
8. No website About Image creates includes the development of a logo as standard. However during the development of a website About Image may create some artwork as part of a Clients unique design which may be used by the Client for other purposes in their branding. Should the Client require that this artwork undergo further development this will then be counted separate to the original agreed development and is subject to About Image hourly rate unless a set fee is otherwise agreed between the Client and About Image.
9. Any information and images intended for inclusion in a website should normally be provided in digital format by email or digital storage device unless previously agreed to between About Image and the Client.
10. Should About Image have to spend unreasonable time converting material into a usable format for a web development they reserve the right to charge the Client at About Image hourly rates as this is deemed to be beyond the parameters of the web estimate.
11. Where About Image after making all reasonable efforts are unable to facilitate the conversion of content into a usable format a third party will be found to undertake this work. The costs of this are in addition of any previously agreed contract.
12. If, in About Image ’s sole opinion, the Client is using About Image services in a way likely to damage or bring disrepute onto About Image the Client must immediately desist from this use on written notice from About Image to this effect.
13. Should the Client cancel the project at any time for any reason, About Image reserves the right to charge the Client for the time spent on the Client’s project at About Image hourly rates.
14. About Image will take reasonable care to ensure its assessments, audits and recommendations to a Client are soundly based and aimed at completing the agreed tasks to a professional standard. Where the Client undertakes actions following recommendations from About Image the Client accepts that responsibility for any subsequent outcomes from this, remains with the Client.
15. The Client may agree to additional work at any stage with About Image. This may be subject to additional fees which may not be the same as fees for the same services previously rendered to the Client. The terms and conditions as outlined here will apply to the additional work unless explicitly varied by agreement between the two parties.
16. Where About Image offers links either via email or on About Image websites to other sites, About Image does not accept any responsibility for the content of those sites, the owners of which do not necessarily have any link, commercial or otherwise, with About Image . About Image also do not take responsibility for the links from its Clients websites.
17. About Image utilises outside contracts for the hosting of all of the websites it creates. About Image is not responsible for this hosting though every care has been taken in its selections. If the outside contractor suspends the hosting or other Internet services for the purpose of maintenance, improvement or repair or if there is any failure of or fault in the provision of the Internet services for any reason not in the immediate, direct control of About Image or its agents, About Image will not be liable for any loss or damage incurred by the Client, whether direct or indirect (including, without limitation, loss of profit) and whether arising in contract, tort or otherwise.
18. About Image reserves the right to alter these Terms and Conditions from time to time. By continuing to accept services from About Image after being notified by e-mail or otherwise of the altered Terms and Conditions the Client will be deemed to be bound by the altered Terms and Conditions. A copy of these terms and conditions will be available on the About Image website www.aboutimage.co.nz/terms at all times or at the request of the Client.
19. The design of the particular website will be the property of the Client upon completion of the contract. However, this will in no way prevent About Image from using any aspect of the site design or coding for other Clients. The Client may adopt aspects of the design in other media including print with the permission of About Image which will not be unreasonably withheld.
20. Should the client change their mind on the scope of the project in a way that reduces the cost / timescale of the project About Image reserves the right to charge for any project work completed prior to this scope change.
21. The Client understands that About Image may use the published website as a reference site only for future potential Clients of About Image and the client will not unreasonably withhold permission for this.
Terms and Conditions – Web Hosting
1. The Client agrees to pay the agreed fees promptly annually in advance by cheque, cash, bank transfer or PayPal as agreed mutually between the two parties.
2. About Image quoted hosting fees apply to the initial 12-month period. Where it becomes necessary to increase these in subsequent years, About Image will provide at least one months notice of any proposed increase.
3. The Client agrees to take adequate measures to ensure their website or any system operated or provided by About Image is not used for transmission of computer viruses, any material that is obscene, defamatory, abusive, indecent, or illegal, nor used in a manner creating a violation or infringement of the rights of any person, firm, company or other entity.
4. About Image reserves the right to suspend the hosting and other services at its absolute discretion for the purpose of maintenance, improvement, repair or prevention of problems.
5. Where About Image provides the Client with e-mail facilities, web hosting or other services which involve the provision of computer storage space, About Image reserves the right to impose limits on the storage space and bandwidth provided. Such limits may be by reference to the physical amount of space made available, the number of e-mail messages held, the size of any attachments sent or any other method About Image may specify.
6. About Image reserves the right to vary these limits from time to time and will keep the Client informed by e-mail. About Image reserves the right to refuse to accept material and/or to delete material which exceeds the relevant limit.