Unless otherwise explicitly stated at the time of agreement, all Innovate Digital’s (previously Kiwi Web Work’s) products and services are delivered under the following Terms & Conditions;
“Products” means any product offered by Innovate Digital as specified between the parties.
“Services” means any service or job to be performed by Innovate Digital as specified in a proposal or between both parties.
“Innovate Digital” means Innovate Digital Limited.
Charges and Payments
Unless otherwise stated, the supply of products and/or services are as described in the proposal or at the time of purchase.
For ongoing work, you agree to pay all hours undertaken as agreed by verbal or written confirmation, and to pay all costs incurred on your behalf, for example domain name purchases.
All prices are plus GST unless otherwise stated.
Unless otherwise stated, a 50% deposit is required on acceptance of the proposal or other products/services. The remainder is due on delivery of the products or services or go live date. The invoice will be due within 7 days.
Ongoing work is offered on a 20th of the following month basis. A credit check and/or references may be required. Should you fail to pay your account on time, on-account work will be terminated and our services will only be offered in a pre-pay system.
- All accounts 60 days overdue will have the website turned off until the account is back in good standing.
- All accounts 90 days overdue will be placed in the hands of our credit collection agency and you will be liable for all costs incurred.
- Interest is payable on any outstanding invoice at the rate of accrual 2% per month.
We offer up to 30 days free hosting while we build your website. Monthly hosting fees will begin either when your website goes live, or after 30 days of accepting this proposal – whichever comes first. These hosting fees are due within 7 days of the invoice date.
Other monthly fees as outlined in the proposal will commence on acceptance of the proposal and are payable in advance, on the anniversary of the date work begins.
Late payment may result in your website and email services being turned off. Ongoing late hosting payments may result in termination of your website.
One Off Fees
Your one off fees are due in 2x equal payments. The first is due on signing, the second once your website is completed. However, if the website completion is delayed due to client hold ups, the second payment is due within 30 days from signing this proposal.
Deposit payments are non-refundable once we have begun work.
Ongoing Maintenance and Support
Maintenance and ongoing support are offered at a contract rate of $150 + GST per hour. There is a minimum $37.50 + GST fee for all ongoing support and maintenance.
Both parties agree that without written consent they will not disclose or otherwise use the terms and conditions of the proposal or any information that is confidential to the other party. This does not include where required in the purpose of completing the proposal.
Sub-Contracting to Third Parties
Innovate Digital may sub-contract work to a third party.
Innovate Digital warrants that the services and/or products delivered to your business will be free from errors, material defects or viruses and that they will perform in accordance with the proposed requirements.
Unless otherwise agreed, the warranty period for services delivered will be 30 days from the Go Live date.
You warrant that the information and content you supply to Innovate Digital is owned by you and free from viruses, errors and defects. Innovate Digital will not liable for any damages, costs or issues arising from the use of your supplied images, text, graphics and other copy.
Once the proposal has been accepted, signed off by you, and the deposit paid the development will be completed within two weeks of the sign off date.
The commencement date for the project will be contingent upon client deadlines and Innovate Digital’s workload.
A timeline of two weeks is given but is not necessarily the actual time it will take to complete your project. Sometimes due to conditions beyond our control the timeline end point may need to be shifted to a later date.
Conditions that may extend the two week timeline can include but are not limited to;
- The unavailability of client content by the start of the project
- A client directed change to the original proposal requirements
In any case, we will notify you immediately of any suspected delays to the completion of your project.
Should any disputes arise, both parties agree to use their best efforts to attempt to resolve these disputes through good faith negotiations. No party shall commence any dispute resolution proceedings in relation to the proposal unless it has first invited the other party to discuss and attempt to resolve the matter in hand.
Unless otherwise stated, websites built via WordPress are owned by the client, including the template, and all images and content.
Where upgraded plugins have been included as part of the website and/or hosting services and are being paid by Innovate Digital, these licenses will be revoked if the website is moved elsewhere, and the client will be responsible for upgrading their plugins and paying for them directly.
Where upgraded plugins are being on-charged to the client, these will need to be transferred to the clients own billing account to manage, should the client choose to move their website elsewhere.
Where possible, should the client wish to move their website, a full backup and/or access to cPanel will be provided in order to facilitate moving your website elsewhere.
Use of your Website & Branding in Marketing
You agree to allow Innovate Digital the right to redistribute your website, and any branding or graphic design done by Innovate Digital, in marketing for Innovate Digital’s services. This includes on our website, social media and other formats. We promise your content will never be used to defame you or in a negative light. If you do not give your approval you must write to us at [email protected] and inform us of this.