Terms of Trade

 

INTRODUCTION

 

The following terms and conditions apply to all website development / design services and marketing services provided by Remarkable Designs to the Client.

 

0.1 These terms and conditions (“the terms”) govern every contract made between Tania Cassidy trading as Remarkable Designs for the supply of goods and services to any person, firm or company (“the client”).

0.2 The terms prevail over any written terms and conditions of the client.

0.3 Any variation to the terms must be agreed in writing by a director of  Remarkable Designs.

 

1. Acceptance

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

 

2. Charges

Charges for services to be provided by Remarkable Designs are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Remarkable Designs reserves the right to alter or decline to provide a quotation after expiry of the 30 days.

Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work is supplied to the Client for review. A second charge of fifty (50) percent is required upon completion of the work, prior to upload to the server or release of materials.

 

Payment for services is due by PayPal or bank transfer. PayPal or Bank details will be made available on invoices.

 

3. Client Review

Remarkable Designs will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Remarkable Designs otherwise within ten (10) days of the date the materials are made available to the Client.

 

4. Turnaround Time and Content Control

Remarkable Designs will install and publicly post or supply the Client's website by the date specified in the project proposal, or at date agreed with Client upon Remarkable Designs receiving initial payment, unless a delay is specifically requested by the Client and agreed by Remarkable Designs.

In return, the Client agrees to delegate a single individual as a primary contact to aid Remarkable Designs with progressing the commission in a satisfactory and expedient manner.

 

During the project, Remarkable Designs will require the Client to provide website content; text, images, movies and sound files

 

5. Failure to provide required website content:

Remarkable Designs is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.

This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently.

If you agree to provide us with the required information and subsequently fail to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.

NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.

 

6. Payment

Quotation / Invoice will be provided by Remarkable Designs at the outset, where a 50% deposit is payable and the balance is due upon completion but before publishing the live website and or a monthly basis for monthly contracts. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%) or $50 per month of the total amount due.

 

7. Additional Expenses

Client agrees to reimburse Remarkable Designs for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.

 

8. Web Browsers

Remarkable Designs makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome, etc.). Client agrees that Remarkable Designs cannot guarantee correct functionality with all browser software across different operating systems.

Remarkable Designs cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Remarkable Designs reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

 

9. Default

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Remarkable Designs' Web space, Remarkable Designs will, at its discretion, remove all such material from its web space. Remarkable Designs is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client's account. Clients with accounts in default agree to pay Remarkable Designs reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Remarkable Designs in enforcing these Terms and Conditions.

 

10. Termination

Termination of services by the Client must be requested in a two (2) month written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

 

11. Indemnity

All Remarkable Designs services may be used for lawful purposes only. You agree to indemnify and hold Remarkable Designs harmless from any claims resulting from your use of our service that damages you or any other party.

 

12. Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Remarkable Designs the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Remarkable Designs permission and rights for use of the same and agrees to indemnify and hold harmless Remarkable Designs from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Remarkable Designs that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

 

13. Standard Media Delivery

Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Remarkable Designs to return to the Client any images or printed material provided for use in creation of the Client's website, such return cannot be guaranteed.

 

14. Design Credit

A link to Remarkable Designs will appear in either small type or by a small graphic at the bottom of the Client's website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than $5000, a fixed fee of $500 will be applied. The Client also agrees that the website developed or SEO carried out for the Client may be presented in Remarkable Designs's portfolio.

 

15. Access Requirements

If the Client's website is to be installed on a third-party server, Remarkable Designs must be granted temporary read/write access to the Client's storage directories which must be accessible via FTP or a CMS. Depending on the specific nature of the project, other resources might also need to be configured on the server.

 

16. Post-Placement Alterations

Remarkable Designs cannot accept responsibility for any alterations caused by a third party occurring to the Client's pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.

 

17. Email Accounts

Remarkable Designs provides email accounts as an ‘extra’ and offers no formal support or assurances for the service. It is the Clients responsibility to backup emails and have procedures in place. Remarkable Designs will take no responsibility for Client email services provided by the Remarkable Designs server or otherwise. We also reserve the right to cease any email service without notice.

 

18. Domain Names

Remarkable Designs may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Remarkable Designs. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

Domain names remain the property of Remarkable Designs until a contract ends. Upon a contract ending the client may have the opportunity to purchase the domain name for the value of the domain name dependant on the status of the account.

If a account is in arrears of more that 30 days of invoice Remarkable Designs has the right to sell domain names to recoup costs incurred.

The client has the option to purchase their own domains and point the A route to Remarkable Designs server. By doing this the client will become the owner of the domain and must take full responsibility for renewals and upkeep of records. Remarkable Designs cannot be held responsibility for loss of domain names.

 

19. SEO

SEO contracts are paid for on a monthly basis to help spread the annual cost for clients. The monthly cost has no reflection on the amount of work that will be carried out each month due to the nature of Search Engine Optimisation (SEO)

Remarkable Designs nor any other company can guarantee an increase in page rank on any search engine.

Upon cancellation of an SEO agreement or if the account is in arrears Remarkable Designs has the right to remove all SEO work to date including such things as Meta data, Alt tags, SEO related content and external back links.

 

20. Website transfer

Websites are non transferable from Remarkable Designs hosting platform. This is due to the integration of the CMS system used with the hosting provider.

Cancellation of our services will result in loss of the clients website unless a previous agreement has been made.

The client can maintain the website live and active by paying a annual hosting fee.

 

21. Design Process

Clients will be offered a maximum of three design drafts, and it is expected that one of those drafts will become the final design. Alteration requests and changes to the chosen design are limited to two, and requests for alterations and proofs beyond this will be charged at the hourly rate of $120.00 per hour.

 

22. General

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client's signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.

 

23. Governing Law

This Agreement shall be governed by New Zealand Law.

 

24. Liability

Remarkable Designs hereby excludes itself, its Employees and or Agents from all and any liability from:

Loss or damage caused by any inaccuracy;

Loss or damage caused by omission;

Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;

Loss or damage to client's' artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.

The entire liability of Remarkable Designs to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

 

25. Cancellation

Cancellation of unwanted domains or services must be made in writing sixty days prior to expiration. 

 

25. Severability

Each term and condition of these Terms and conditions is severable from others and if any shall be held by the New Zealand Courts as being invalid or unenforceable, the validity, legality and enforceability of the remaining terms and conditions of these Terms and Conditions shall remain in full force and effect. All terms and conditions of these Terms and Conditions that by their nature would survive termination or expiration of the Agreement, including but not limited to, those related to confidentiality, ownership, intellectual property, warranty statements or indemnities, shall survive the termination or expiration of the Agreement.

 

 

 

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