Terms of Trade

1. DEFINITIONS

"Designer Digital", “Designer Websites”, "DD" or “DW” shall mean Designer Websites (2013) Limited, or any contractors, agents or employees thereof. 

“CUSTOMER” shall mean the individual, company, partnership or other entity engaging the services of Designer Digital and any person acting on behalf of the CUSTOMER. The Customer is referred to as "The Customer", "You", or "Your"

"AGREEMENT" shall mean any proposal or service agreement prepared by Designer Digital for the Customer

2. ACCEPTANCE

1. Any instructions received by Designer Digital from the Customer for the supply of services shall constitute a binding contract on, and acceptance by the Customer of, the terms and conditions contained herein.

3. PRICE

1. All prices quoted are excluding GST.
2. Unless specified in writing to the contrary any indication of PRICE for the provision of services by Designer Digital is by way of an estimate only and shall not be binding on Designer Digital.  If there are any changes to the initial quote then the Customer will be notified in writing prior to work being carried out.  All deposits made to Designer Digital are non-refundable.

4. SERVICES

(I)       WEBSITE DESIGN & BUILD  (except the Flexi Starter Website Package, School Template Website Package and websites built by DD using the Shopify content management system (see https://www.shopify.co.nz)

1. Refer to Our Design & Development Process for the design and build process 

(II)      WEBSITE DESIGN & BUILD  (Flexi Starter Website Package, School Template Website Package and websites built by DD using the Shopify content management system (see https://www.shopify.co.nz)

1. Once Designer Digital has taken a project brief from the Customer, your website will be built based on a template detailed in the brief. Any requests to amend the template after the project is under way will incur an additional charge. Once built, the website will be presented to you as a website design concept, without the final content.
2. Included with this website package, your website design concept can be revised up to three times if necessary. If any further revisions are required, these will be done at $185 per hour. Once the website design concept is approved, any additional design changes needed will be done at $185 per hour. Any additional functionality or programming tasks will be done at $185 per hour.
3. Once the website design concept has been approved, you will be able to log in and begin to add content to the website through the Content Management System. Alternatively, if you prefer, you may provide us with your content to load for you at a cost of $55 per page (see Fair Use below).
4. A discreet 'Website by Designer Digital' message may be placed in the footer of the website. We may also choose to feature the website in our portfolio to showcase our work.
5. All photography and graphics for the website are to be supplied by the Customer at your expense.
6. Once all content has been loaded, DD will complete the on-page SEO for the high level pages.

(III)      WEBSITE HOSTING AND SUPPORT

1. Designer Digital web hosting facilities are contracted to third party suppliers but the terms and conditions of the contract require Designer Digital to be the sole point of contact for such service. Designer Digital will use all reasonable endeavours to ensure that sufficient capacity is maintained on their third party computer facilities to enable users to access the Customer’s website. Because they do not own or control all the facilities and communication lines necessary for access, DD cannot guarantee that access will be uninterrupted or error free. Designer Digital do however have a service level agreement in place between themselves and the third party to ensure that a good service level is maintained.
2. Designer Digital will keep all of the Customer’s user names and passwords in relation to the website confidential.
3. While Designer Digital do backup their servers it is recommended that the Customer stores a backup of their website as Designer Digital do not guarantee their backups.
4. Unless otherwise stated in the Agreement, and except for websites built by DD using the Shopify content management system, DD will host the Customer's website for a Minimum Term of one year (12 months), starting from the invoice due date of the final website design and build payment. After the end of the Minimum Term, either party may cancel this Agreement on 1 month’s written notice to the other.
5. If at the end of the Minimum Term the Customer wishes to transfer their domain name and/or website hosting to a third party provider, then Designer Digital reserves the right to charge $185 per hour per domain name to manage the transfer.
6. If the Customer wishes to cancel the website hosting service provided by DD under the Agreement before the end of the Minimum Term, the Customer agrees to pay an early termination fee of 80% of the hosting fee for each full month remaining.

(IV)      POST GO LIVE WEBSITE SUPPORT

1. Included with Designer Digital website hosting service, Customers will also receive ongoing website support as requested. This support is provided free of charge for up to 15 minutes per month, after which Designer Digital reserve the right to charge $185 per hour thereafter.

(V)      EMAIL SERVICES

1. Designer Digital can provide email storage services to its Customers. Where DD is asked to help troubleshoot problems with sending, receiving or storing Customer's email, then DD reserves the right to charge for support at $185 per hour.
2. If a Customer wishes to cancel their email service, this must be made in writing.

(VI)      DOMAIN SERVICES

1. Designer Digital can register and manage domain names on behalf of its Customers. 
2. Requests to cancel a domain name, or transfer a domain name must be made in writing by the Customer.  Requesting a UDAI code will not cancel any domain services with DD and charges will continue to apply until written notice is received by DD from the Customer.
3. Designer Digital will provide such assistance as is reasonably requested by the Customer to enable the transfer of their domain name(s) to another domain registrar. Where a Customer chooses to cancel or transfer a domain name managed on their behalf by DD, the Customer will not be entitled to a refund of any charges related to the registration of their domain name.
4. Designer Digital will provide such assistance as is reasonably requested by the Customer to manage and make any changes to the DNS records for any domain name that DD manages on the Customer's behalf. DD reserves the right to charge at $185 per hour for the provision of such assistance.

5. PAYMENT TERMS

The Customer agrees to pay the charges for the following services as follows:

(I)       WEBSITE DESIGN AND BUILD (except the Flexi Starter Package)

1. Unless otherwise stated in the Agreement, the total payment will be invoiced over three instalments. Once an Agreement has been signed by the Customer, a payment of one third of the total amount will be payable as a non-refundable deposit. A second instalment of one third will be invoiced four weeks later. The final instalment of one third will be invoiced after the website has been built and presented to the Customer for approval to Go Live, unless section 5, paragraph (III)(1) applies. 
2. Payment on the first and second instalments is due 7 days from the invoice date (unless otherwise stated). The final payment is due before the website is made live, unless section 5, paragraph (III)(1) applies.

(II)      WEBSITE DESIGN AND BUILD (Flexi Starter Package)

1. Unless otherwise stated in the Agreement, total payment will be invoiced over two instalments. Once an Agreement has been signed by the Customer, a payment of 50% of the total quoted amount will be payable as a non-refundable deposit. The remaining 50% will be invoiced when the site is built and ready for the content to be loaded. Note this is not the 'Go Live' phase, which will occur once the content has been loaded and the Customer has approved the website to Go Live. Additional functionality may be invoiced as it is completed, or in a combined invoice with the remaining 50%.

(III)      WEBSITES AWAITING AUTHORISATION TO GO LIVE

1. If after four (4) months from the date the Agreement was signed by the Customer:
   1.  the website has been developed as per the Agreement; and
   2.  all content previously provided to DD has been uploaded to the website; and
   3.  the Customer has not authorised the website to be made live,

then DD reserves the right to issue the invoice for the final instalment and the Customer agrees to pay within 7 days from the invoice date.

2. DD will use the due date of the final instalment invoice in section 5, paragraph (III)(1) as the 'Go Live' date, and will commence charging the Customer for any website hosting services as per section 5, paragraph (IV).  
3. Where the Customer requests further edits to the website, DD reserves the right to charge for this work as per section 4,  paragraph (IV).

(IV)      WEBSITE, EMAIL AND DOMAIN HOSTING SERVICES

1. Unless otherwise stated in the Agreement, the costs for the Customer’s website hosting services are payable monthly and will commence from the date of Go Live.
2. The costs for the Customer's email hosting (where applicable) are payable monthly (unless otherwise stated in the Agreement).
3. The costs for the Customer's domain hosting (where applicable) are payable annually (unless otherwise stated in the Agreement).
4. If the Customer does not pay the charges on time DD may, at their option:

(a) Refer the Customer’s account to a debt collection agency; and/or

(b) If the Customer’s account is overdue for a period of ten (10) days or longer, DD is entitled to disconnect any Services supplied.  The Customer agrees to DD charging a late payment fee on any overdue amounts on an invoice at the rate of 2% per month.

(c) The Customer agrees to pay all costs incurred in recovering outstanding amounts from them including any debt collection and legal fees.

6. MARKETING

The Customer agrees that DD may:

1. Include a reference on the bottom of their website, crediting the design, development and hosting of the website to Designer Digital.      
2. List the website on any marketing materials, including the DD website.

7. TERMINATION

Designer Digital may immediately terminate this Agreement in relation to any or all services acquired by or provided if:

1. The Customer is in breach of any provision of these terms and conditions and has not remedied that breach within 10 days of receiving notice from Designer Digital;
2. Designer Digital third party contracted website hosting facilities cease (or in Designer Digital reasonable opinion) are likely to cease on a permanent basis or are terminated.

8. FAIR USE

(I)       EMAIL

1. Where Designer Digital host email for a Customer, DD reserves the right to charge the Customer an additional monthly fee for additional storage space if the Customer's email storage exceeds what DD consider to to be 'fair use', i.e. 5GB of storage per mailbox.

1.  If requested by the Customer, Designer Digital will load content for the Customer at a cost of $55 per page, assuming each page includes an average of no more than 250 words of text. However, if the amount of content provided by the Customer is more than an average 250 words of text, or the format of the content, or the number of images, or the format of images is such that DD cannot complete the entry for each page in a reasonable amount of time (i.e. 20 minutes per page), then DD reserves the right to charge at $185 per hour thereafter.

9. DIRECT DEBIT

(I)       EXECUTING DIRECT DEBITS

GoCardless is the duly appointed agent to execute Direct Debit payments on behalf of Designer Digital. Where the Customer has agreed to pay by Direct Debit, and has given the required authorisation, the payments will be executed in the following manner:

1. The Customer will be notified by email two days before a new Direct Debit payment is taken, and the notice will include the date of the debit, and the amount of the Direct Debit.
2. GoCardless will attempt to take the amount due by Direct Debit on the due date of the invoice.
3. If the Direct Debit attempt fails, GoCardless will try to take the amount due 3 (three) times within a 4 (four) week period.
4. In the event that 4 (four) consecutive attempts to debit the Customer account has failed, the debt may be referred to a debt collection agency; and

(a) DD is entitled to disconnect any Services supplied.  The Customer agrees to DD charging a late payment fee on any overdue amounts on an invoice at the rate of 2% per month.

(b) The Customer agrees to pay all costs incurred in recovering outstanding amounts from them including any debt collection and legal fees.

5. If the Customer's bank dishonours a Direct Debit and DD sends the Direct Debit a second time within 5 (five) business days of the original Direct Debit, then DD is not required to notify the Customer a second time of the amount and date of the Direct Debit.
6. If DD proposes to change an amount or date of a Direct Debit, then DD will to give the Customer notice by email no less than 10 days before the change.

(ii) CANCELLING A DIRECT DEBIT AUTHORISATION

The Customer may cancel their Direct Debit authorisation by notifying DD in writing of their wish to cancel.

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Updated 13th January 2023 to reflect a change to our email fair use clause.

Updated 11th October 2022 to reflect our new support fees, changing our website hosting Minimim Term to 1 year, and including a website hosting early termination clause.