WebStore Terms and Conditions of Business
(Prices shown at end of terms)
Please read these terms and conditions carefully, webstore does not provide full or partial refunds for services ordered and cancelled or partial refunds on any purchases.
Webstore is a registered trademark of Webstore Limited (in New Zealand)
Webstore is not affiliated to Google, Yahoo, Bing or Facebook. We cannot and do not guarantee permanent or specific search engine rankings at any time, this is due to third party platforms potentially updating their listings at anytime and other factors beyond our control. We will from time to time however issue a service level guarantee.
Definition of our terminology as used within this document:
1.A ‘Project’ is any work undertaken or service provided by WebStore for a Client on their request and as described in our confirmation order or proposal or email to that Client.
2.A ‘Client’ is a person, persons, business or organisation using any of the services provided by WebStore.
3.“Live” means the date the website is available on the Client’s chosen domain.
4.’Domain’ is the website address as specified by the Client.
5.’Open Source Software’ is software made freely available to anyone under the GNU General Public License (GPL).
6.’Hosting’ is a yearly cost to keep a clients website activated online.
7.’Content’ is both text and images that the Client requires on the website.
8.’mb’ stands for megabytes and is a measure of storage space.
WebStore Terms & Conditions
1.The contract between WebStore and the Client will be based on the conditions as laid out on this webpage, to the exclusion of all other terms and conditions. Any variations to these conditions shall have no effect unless agreed in writing by the Directors or authorized signatory of WebStore
2.The works to be carried out shall be as set out in the WebStore confirmation order email / proposal / work schedule.
3.Unless the scope of work / proposal / email specifically details how the function of a website page, form, or any script should work WebStore will have full rights to present the solution and function. It is the sole responsibility of the Client to advise WebStore if a website, webpage, application or any service provided by WebStore to the Client should look or work. These details must be provided in writing and included in the Proposal or work scope document before the Client agrees the price and scope.
For any avoidance of doubt: point 3 means, All prices in any proposal / quotation are an estimate only based on your requirement as understood by ourselves. Final costs may vary depending on additional work you give to us when you later specify a new or revised specific function or change the design once your design has been completed and coding commenced.
Where possible, WebStore will work with the Client to help them reach their design goal / functionality goal, however the additional cost of time and resources will be paid by the Client if required.
WebStore has sole discretion to waive additional costs for work, tasks or skills, which were not been declared by the Client.
4.Email will be the method of contact with regard to all communication for the website design & development. It is the Client’s responsibility to inform us of any change in email address so we always have up to date email contact details. WebStore cannot be held liable in any way relating to communication issues if we are not supplied a valid email address. WebStore will acknowledge all emails normally within three (3) working days. Our telephone support line is for website support issues only.
5.If a customer’s conduct via telephone is considered unreasonable we will insist on email communication only. WebStore reserve the right to cancel a contract should customer contact be in breach of our anti-harassment policy (*). Calls made to our office may be monitored and/or recorded.
6.WebStore will only commence work on a Project after receipt of a non refundable, deposit of the quoted Project fee from the Client. For smaller projects or services WebStore may require a full upfront payment. The Client agrees to not withhold any payment from WebStore at any time. If there is a final payment required, the website or service will only be switched to “Live” once the Clients remaining balance is paid in full and cleared.
If payments are not made in a timely manner, we may at our option do any of the following :
- Charge interest on late payment when it became due, until the actual date of payment of all amounts owing (including default interest) at a rate of 4 (four) percent. This amount shall compound monthly at such rate after as well as before any judgement.
- Charge all collection costs incurred by us. You agree to indemnify us from and against all costs and disbursements incurred by us in recovering the unpaid charges (including but not limited to internal administration. Our hourly administration is set at $75+gst per hour compared to our hourly design and code rate of $95+gst per hour
7.When a deposit is required, the deposit paid to WebStore covers the cost of design work carried out as well as any admin work and communication with WebStore. The deposit is non refundable.
8.All Website design and design services include a limited amount of design revisions offered by WebStore to the client. Design changes beyond the point when a client has agreed a design are subject to additional charges. Likewise design changes requested are chargeable once the number of revision rounds according to the service have been used by the client. Full information is provided by email before your sign off is requested.
9.WebStore shall expect the Client to carry out sufficient research before proceeding with a website. This will include checking that the website/idea/business can operate legally. It is important that the website is not in any way illegal. WebStore is not liable if there is a breach of Intellectual property or copyright.
10.It is important for the Client to keep in contact with WebStore throughout the entire Project. If a Client does not make contact for four weeks (4) to weeks we will make up attempts to contact the client by email using the email address specified when the client placed their order or telpehone. If we do not receive a response to these attempts of contact the Project may be terminated, and the deposit will not be refunded. We reserve this right due to lost time on projects due to unanswered emails and messages.
11.Where images (used on the website) have been purchased by WebStore on behalf of the Client, these images are strictly for use on the website only – no rights are given for any other use such as large print. WebStore are not liable for misuse of these images by the Client or any other person’s copying, altering or distributing the images to individuals or other organisations.
12.WebStore will host the website if the Client requires us to do so and on receipt of full payment of our Hosting fees. In doing so, WebStore will endeavour to provide a reliable and professional service to the Client at all times but do not guarantee that the website Hosting will be available at all times, especially in the event of a technical failure beyond our control. Webstore does not provide an installation service for websites not being hosted by Webstore reserves the right to decline sites designed and developed by other web design service providers. Webstore does not provide an installation service for a clients email to their pc, desktop, laptop, mobile phone. We may offer assistance but this is not a standard service.
13.WebStore cannot be held responsible for anything adversely affecting the Client’s business operation, sales, or profitability that might be claimed is a result of a web or email service offered by WebStore (these services are dependent partly on other suppliers, the clients ability to operate a website, use information and other factors beyond our control).
14.Where asked to provide search engine optimisation for a Client, WebStore do not guarantee any specific placement or high ranking on search engines. This is because search engines update their listings frequently and are a third party. No organisation globally can guarantee a specific permanent listing other than the Search Engine themselves.
15.WebStore do not take any responsibility for a clients website ranking on search engines. This also includes any potential website downtime that can occur. When updating, changing, creating and hosting a clients website, there could be a change in the websites search engine ranking.
16.WebStore will provide the Client with an expected completion date for the Project (live on the internet) if requested. WebStore will endeavour to meet any given deadline, but do not guarantee and are not bound in any way to complete the Project by this date. The expected completion date provided by any employee of WebStore is purely an estimate. The projecte estimate is also highly connected to the ability of the Client to deliver information and made decisions to sign off stages or the whole project (by email).
17.It is the Client’s responsibility to check with WebStore the type of Open Source Software which is being used.
18.The Client shall not be charged for Open Source Software. If there is a charge for a website using Open Source Software, the Client is paying for the installation time. Open Source Software is not owned by WebStore or the Client.
19.WebStore own all design and code of the website until final payment has been received in full. Once final payment is received, the Client will then own the design and code of the website, unless Open Source Software is used. In this situation the Client will have the right to use the Open Source Software subject to any terms and conditions by WordPress, Joomla or Drupal. Images will/may have been purchased by WebStore for the Client, unless the images have been supplied by the Client.
20.All images displayed on the Client’s website will only be used after authorisation by the Client, and are the sole responsibility of the Client regarding usage and copyright. Should any legal issues or claims arise from the content or copyright of any images supplied by the Client or WebStore, they will be the sole responsibility of the Client.
21.Domain names will/may be registered by WebStore and also registered to the WebStore current address or the registrant details. Although the domain names are registered to WebStore, the Client is the legal owner of the domain and if they request to have details changed or the domain transferred elsewhere, WebStore will do this within a reasonable timeframe. Where the domain is a .com domain Webstore takes no liability for the registra effectiveness, speed, reliability to transfer the domain successfully for EPS key generation.
22.A domain name will be registered by WebStore on behalf of the client once we have received payment. Credit terms may be given subject to the order and Client.
23.It is the responsibility of the Client to renew their domain names when due. If a domain name expires, WebStorecan not be held liable for this. However, WebStore will make reasonable effort to contact the Client regarding domain renewal.
24.When a Client renews Hosting with WebStore , this also includes domain renewal if the renewal is needed to keep the site functioning and was purchased as part of the Hosting package. If the Client does not renew the Hosting, their domain name could be made available to the public for purchase and WebStore cannot be held liable for this.
25.Renewal of Hosting is due on a yearly, monthly or quarterly basis. The date of renewal will be annually from the date the website was made live. The Hosting will not be renewed if WebStore cannot contact the Client or the Client requests for WebStore to not host this site. This will also affect the domain as per item 23.
26.The Hosting renewal charge must be received within 10 days of the Hosting expiry date. WebStore reserve the right to deactivate any website where the Hosting has expired and the Client has not paid the renewal charge. There will be an admin fee set by WebStore for reactivating the website/Hosting. Failure to pay hosting and domain fees will result in loss of service or extreme situations,loss of ownership (expiry).
27.If the Client does not use WebStore Hosting services, then the management and Hosting of the Domain name/website and all content are the full responsibility of the Client. In addition should a client have access via FTP (file transfer protocol) or CPanel then Webstore cannot provide any warranty for code, performance, secure storage or any warranty for any client virtual assets or property.
28.Should a Client wish to move Hosting away from WebStore or transfer a Domain name away from WebStore, an administration charge may be issued, which must be paid before the transfer takes place.
29.WebStore has no control of, or responsibility for, the content of Clients’ websites. In no way does the textual or image based Content of our Client’s web sites constitute WebStore endorsement, or approval of the website or the material contained within the website. WebStore has not verified any of the materials, images or information contained within our Client’s web sites and is not responsible for the content or performance of these sites or for the Client’s transactions with them. WebStore provides links or references to our Client’s websites solely for the convenience of prospective customers and intends that the links it provides be current and accurate, but does not guarantee or warrant that such links will point to the intended Client site at all times.
29.WebStore shall place a small text link (hyperlink) on the footer of a Clients website that states the website was designed by WebStore and links to our company website.The text may vary from website to website. You agree not to remove or adjust this link.
30.WebStore are not liable for loss, damage or corruption to files or information stored on its servers or individual PCs relating to a Client’s website. The Client is solely responsible for any information or files relating to its website.
31.If a Domain name is purchased by the Client through a company other than WebStore, the Client has full responsibility in making sure that the domain name is renewed when due. WebStore will not renew the Domain name when annual Hosting renewal is due if the Domain name is purchased through a company other than WebStore.
32.WebStore makes no claims that the contents of this website may be lawfully viewed or downloaded outside New Zealand. Access to this website may not be legal by certain persons or in certain countries.
33.If this website is accessed from outside of the New Zealand, it is done at own risk and the visitor is responsible for compliance with the relevant laws of the visitor’s jurisdiction.
The terms and conditions of this website are governed by the laws of New Zealand. Jurisdiction for any claims arising in respect of this website’s Content shall lie exclusively with the courts of New Zealand. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect.
Domain registration : $50 + GST, discounts may be available subject to overall purchase and account and domain extension. (1 year registration for .co.nz)
WebSite Hosting : $19 to $39 + GST per month. Request specification and inclusions. We may offer a lower hosting cost or a higher price dependent on server requirements.
Design and Development work based on a hourly rate of $95 + GST. (hourly rates are applicable where further work is requested by a customer within a project or when WebStore quotes using an hourly rate for custom website design / development).
Maintenance, support tasks and support questions sent by email or queried by telephone are based on a hourly rate of $95 + GST. This service is charged in 15 minute units. Units cannot be carried forward if not used.
Webstore is a registered trademark of Webstore Limited.
Terms of business may be updated without notice.