Terms & Conditions
Web Site Development & Design Terms and Conditions. Photo 4 Canvas will endeavour to operate in a fair and reasonable manner at all times and it is part of our ethos to ensure we maintain a great relationship with our clients. It is, however, important to have certain contractual aspects agreed in order to protect both parties.
By undertaking a website design project with Photo 4 Canvas you (The Client) are agreeing to the following terms and conditions.
Relationship of the Parties
The parties intend that an independent contractor relationship will be created by this contract, and that no partnership, joint venture or employee/employer relationship is intended or implied.
All material including text, images and code supplied by the client and used in the construction of the client’s website, will remain the client’s property. All such material will be assumed to be the property of the client and free to use without fear of breach of copyright laws.
Confidentiality and Nondisclosure
Photo 4 Canvas agrees to hold confidential or proprietary information or trade secrets (“confidential information”) in trust and confidence and agrees that it shall be used only for the purposes of the web site project, shall not be used for any other purpose, or disclosed to any third party. No copies will be made or retained of any written information or prototypes supplied without the permission of The Client. At the conclusion of any discussions, or upon demand by The Client, all confidential information, including prototypes, written notes, photographs, sketches, models, memoranda or notes taken shall be returned to The Client. Confidential information shall not be disclosed to any employee, consultant or third party unless they agree to execute and be bound by the terms of this Agreement, and have been approved by Photo 4 Canvas and The Client. This Agreement and its validity, construction and effect shall be governed by the laws of New Zealand.
All prices are quoted exclusive of GST and are in New Zealand dollars.
Terms of Payment
Payment to be made online, internet banking, over the phone, or on eftpos or cash on pick up.
Late Payment – If we haven’t received payment for your website development within 21 days after the due date, your website will be switched off until payment is received. Unpaid accounts will incur late payment fees and collection costs.
Hosting payment is due on activation of the website going live online under the sites domain name, for that months hosting unless by prior agreement. Hosting fees can be are paid monthly only. If your hosting payments fall behind, your website will be switched off until payment is received. Unpaid accounts will incur late payment fees and collection costs. All our plans must be hosted on our servers.
Maintenance and Enhancements
Photo 4 Canvas provides maintenance and enhancements services for its clients; however any maintenance or updates are outside the scope of the design project. When updates are required Photo 4 Canvas will provide time and materials based quotes for this work.
Assignment and Delegation
We may subcontract the performance of any of our responsibilities under this contract to another party with the clients consent but will maintain our right and responsibilities to the client. Photo 4 Canvas takes full liability for all work that is subcontracted to another party by Photo 4 Canvas. If subcontractors are used and their cost to Photo 4 Canvas increase above what has been agreed by the client, the client has the right to refuse payment of the higher amount. The Client may assign or transfer any of your rights and responsibilities under this contract to another party with consent of Photo 4 Canvas.
The Client agrees that Photo 4 Canvas will not be liable for any indirect or consequential damages, including but not limited to, loss of profits or for any claim made on the client by any other party, even though Photo 4 Canvas may have been notified of such damage or claims. We shall not be liable to The Client for any loss or damage directly or indirectly arising out of or in connection with any delay in delivery of the website or failure to perform its obligations under this agreement where such delay is caused directly or indirectly by an act of God, armed conflict, labour dispute, civil commotion, intervention of a government, inability to obtain labour, materials or manufacturing facilities, accidents, interruptions of, or delay in, transportation or any other cause beyond our control.
The Client agrees to defend, indemnify and hold us harmless from and against any and all claims, losses, liabilities and expenses (including attorneys’ fees) related to or arising out of the services provided by us to you under this agreement, including without limitation claims made by third parties (including your customers) related to any false advertising claims, liability claims for products or services sold by you, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided hereunder, or for any content submitted by you for publication by us.
If, despite the other provisions of this agreement, Photo 4 Canvas is found to be liable to The Client then its liability for any single event or series of related events is limited to the Fees. Due to the public nature of the Internet, all material submitted by The Client for publication will be considered publicly accessible. Photo 4 Canvas does not screen in advance customer material submitted to Photo 4 Canvas for publication. Photo 4 Canvas’s publication of material submitted by customers does not create any express or implied approval by Photo 4 Canvas of such material, nor does it indicate that such material complies with the terms of this agreement.
The Consumer Guarantees Act 1993 may apply to any services we provide to you if you acquire these services for personal, domestic or household use. If this act applies, all rights you may have under it apply in addition to the rights you may have in this agreement. Nothing in this agreement will limit or exclude your rights under this act. Where you acquire or hold yourself out as acquiring our services for the purpose of a business, then you agree that the provisions of the Consumers Guarantee Act 1993 will not apply to our service or the provision of any other services to you. This agreement shall be deemed to be an agreement made in New Zealand and shall be subject to, governed by and interpreted in accordance with the laws of New Zealand.
Failure by any party to enforce any right or obligation with respect to any matter arising in connection with this contract shall not constitute a waiver as to that matter or any other matter either then or in the future. Any waiver of any right or obligation under this contract shall only be of any force and effect if such waiver is in writing and is expressly stated to be a waiver of a specified right or obligation under this contract.
Your submitted information and personal or company details are strictly confidential and are not given out to any third party businesses, we do not spam or send out your emails to any databases also.
We have a money back guarantee with 3 weeks of purchase
3 Legged Dog Design Ltd trading as Photo 4 Canvas; Location 484 Lake Road, Takapuna, Auckland Ph: 09 489 3534