Terms and Conditions
When you ask JeliNet NZ to build, design or edit your website, the following terms will apply. These terms refer to you as the 'Client'.
1. Agreement Type
This agreement shall be deemed as either fixed or day rate. The interpretation of a fixed agreement shall be where the work to be undertaken is fully defined in the specification and taken on at a fixed price. A day rate agreement is for the purpose of taking on a more flexible working arrangement where work is priced on the basis of days used. A day shall be defined as 8 working hours.
2. Acceptance of this Agreement
This agreement shall be signed by the parties, or agreed to by email communication, and does not become effective until signed, or replied to, by JeliNet NZ and until all considerations have been received by us in accord with the payment terms. Your appointment of JeliNet NZ to supply your Project is an acceptance of these terms. Any deviation from these terms must be agreed in writing.
If required, JeliNet NZ reserves the right and the Client hereby agrees to allow, the use of sub-contractors or agents to work on any aspect of the Project.
4. Hosting Service Limitation
Where the Hosting Service will be provided by you, or a third party other than JeliNet NZ and shall be contracted for separately, and does not constitute any part of this agreement. We cannot guarantee the performance of any Hosting Service that is beyond our control.
5. Project Copyright
5a. Projects design by JeliNet
Copyright of any Project during development will be owned by JeliNet NZ. The Client will be assigned the copyright for the Project once the final payment under this agreement and any additional charges incurred have been paid. Rights to any supplied images, audio or video will remain at all times the copyright of the respective owners. Where stock images, supplied by JeliNet NZ, are used in your designs you are permitted to use them only in the Project as supplied. You are not permitted to sell the images or re-use them in other projects. Where stock images are sourced from a third party the usage of those images are determined by the third-party's terms.
JeliNet NZ retains the right to display static graphics of any work we have undertaken as examples of work in our portfolio. JeliNet NZ will always respond positively if you request not to have your project displayed in our portfolio. Any project undertaken by JeliNet NZ that is not destined to be published in the public domain will not be added to our portfolio. Any design idea(s) supplied by JeliNet NZ can be re-used by JeliNet NZ and / or sold to a third party if the Client rejects or fails to pay for the Project design idea(s). Once paid for by the Client, the design idea(s) become the intellectual copyright of the Client.
5b. Projects built by JeliNet NZ but NOT designed by JeliNet
5a applies except design copyright of the Project will remain with the Client at all times. Additionally, Client's work not designed by JeliNet NZ will not be added to any online or offline portfolio.
6. Copyright and Trademarks
The Client unconditionally guarantees that all text, graphics, photos, designs, trademarks, or other artwork furnished to JeliNet NZ for inclusion in the Project are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend JeliNet NZ and its sub-contractors from any liability (including legal fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.
7. Project Completion
JeliNet NZ and the Client undertake to work together to complete the Project within the timescale defined in the specification. JeliNet NZ will inform the Client on project progress and will always endeavour to meet the defined Project milestone dates. The Client must also supply all source materials to the specified timescale. Failure to provide source materials within 30 days of the specified timescales will be sufficient grounds for JeliNet NZ to cancel the agreement and retain any deposits made as cancellation fees. In the event of cancellation by JeliNet NZ any work undertaken on the Project will be invoiced to the Customer on a pro-rata basis.
8. Project Delivery
On completion of the Project and on receipt of payments due, according to the agreed terms of payment, JeliNet NZ will publish the Project live on the Internet. JeliNet NZ will also supply all source files either on CD, DVD or by ftp transfer if requested.
9. Ongoing Maintenance
JeliNet NZ will fix all errors notified to JeliNet NZ in writing by the Client within 7 days of publication only where such errors are the result of our work. Any errors requiring repair that are the result of the Client's failure to check supplied media will be charged for at JeliNet NZ's discretion.
A non-refundable payment of 25% of the total fee may be required from JeliNet NZ with your order, unless otherwise agreed, in which case full payment is due upon completion of services. Whilst any payment due under the agreement remains outstanding JeliNet NZ shall be entitled at its sole and absolute discretion to withhold provision of any goods or services it would otherwise be obliged to provide under the agreement. JeliNet NZ will issue invoices in respect of work undertaken. The Client is required to settle invoices as the payment falls due, and the Client hereby agrees that JeliNet NZ may suspend ongoing work until any arrears have been paid. All payments for website design may be in any currency that meets the pound-sterling amount invoiced unless any quote is issued in non-sterling currencies. Where non-sterling quotes are issued JeliNet NZ will absorb any fluctuation in the relevant exchange rate up to a maximum of 10% of the total Project value. The Payments must be made promptly based on JeliNet NZ's standard terms, or any overriding terms agreed in writing specific to the Client's Project. JeliNet NZ reserves the right to remove any Project from viewing on the Internet until final payment is made. If debt collection proves necessary the Client agrees to pay all fees (including all legal fees and court costs) incurred by such a process, or as specified by any third party debt collection agency.
JeliNet NZ's standard terms for settlement are on completion of your project. Please note that unless agreed in advance, immediate payment is required for all work completed.
Legal Notice notwithstanding anything to the contrary contained in this Agreement, JeliNet NZ does not guarantee or warrant that the functions and content of any Project will be error-free. The entire risk as to the quality and performance of the Project is with the Client. In no event will JeliNet NZ be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, "the Hosting Service" or any other circumstances beyond the control of JeliNet NZ, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate the Project, failure of any service provider, of any telecommunications carrier, of the internet backbone, of any internet servers, your or your site visitor's computer or internet software, even if JeliNet NZ has been advised of the possibility of such damages.
In plain English: All software contains bugs. Professional service is, in part, about ensuring the bugs are minimised. No application or website will work, without fault, (albeit minor ones) on all combinations of operating systems and / or browsers. Browsers can change (via updates) and can cause sites to show faults on previously compliant code. JeliNet NZ can't be held responsible for unforeseen browser changes, operating system changes, changes in the functioning of anti-virus software or any other third-party application outside of the control of JeliNet NZ.
Specifications for any software application or website will be defined per Project. By default, unless otherwise agreed, JeliNet NZ websites are tested on Microsoft™ Windows platforms with Internet Explorer, Firefox, Opera, Google Chrome and Apple Safari (for Windows). A range of tablet and mobile devices are also used including but not limited to Samsung and Apple products. Testing specifications are liable to enhancement and change at any time to meet customer requirements or browser changes.
13. This Agreement
This agreement constitutes the sole agreement between JeliNet NZ and the Client regarding any Project(s). Any additional work not specified in this Agreement or any other amendment or modification to this Agreement must be authorised by a written request and agreed by both the Client and JeliNet NZ.
This Agreement is made subject to the law of New Zealand. Any dispute will be litigated or arbitrated in New Zealand, and the Client hereby consents to the personal jurisdiction of the Courts of New Zealand. Furthermore, the Client waives any right to or claim of sovereign immunity.