Your agreement to these terms will be indicated to us by your acceptance of any quotes or estimates prepared for you by ENVY DESIGNS LIMITED, any signed agreements or your use of any ENVY DESIGNS LIMITED Services, whichever occurs first.
The following terms of business apply to any or all of the Services to be provided by ENVY DESIGNS LIMITED to you. Services are defined as Domain Name Registration, Website Hosting, Email Hosting, Search Engine Optimisation, Website Design & Development, Graphic Design, Brand Identity Design/Branding and Copywriting, as well as any related services that the client engages ENVY DESIGNS LIMITED to undertake on their behalf.
(b) In order to meet the estimated time-frame and budget, the Agency requires that all documentation relating the design and content of the website (images, text, videos, graphical elements) is supplied by the Client in a finished, non-editable form such as a Word document, PDF or PowerPoint document, by email, or in a Dropbox/Google Drive Folder, prior to the start of the website design & build – the agency will start on the website design once images and text have been supplied. The Agency will not work from editable documents that are subject to change after delivery – such as those created in Google Docs. If an online sharing folder is used to supply the content, this must not be added to during the project build as The Agency will not be checking it after downloading contents at the time of provision to us. Any additions past this point, must be emailed through for us to receive, with clear instructions. If this changes the scope of the project, we require this in writing (as per note 9) so that we can advise on any associated impacts on time and/or budget.
(i) You own the copyright
(ii) The owner grants a valid licence
(iii) Legal counsel can provide a reasonable assurance that the copying is ‘fair use’ of the work
(iv) Legal counsel agrees that the work is in the public domain
Meetings: All meetings (whether in person, on the phone, by Skype or any other means) are subject to additional charges on top of the estimated project cost. To keep website build time down, we do not include meeting time in the project estimate.
(a) Provide all Client Content (text, images, videos, graphical elements) prior to the start of the website build in a form suitable for use in the Deliverables without further preparation by The Agency, unless otherwise specified in the Quote or Project Proposal;
(b) Proofread all Deliverables. Client will be charged for correcting errors after the acceptance of any Deliverable;
(c) Make decisions regarding third parties or explicitly direct The Agency to make those decisions. This needs to be formally communicated (IE: by email).
(d) In the case of a website rebuild where you have an existing hosting account and are transferring your hosting to ENVY DESIGNS LIMITED, it is your responsibility to close down the old account once the new website goes live on our servers. We can provide support and assistance in this process. Hosting charges with ENVY DESIGNS LIMITED will start from the date the new website goes live on our server.
(b) Hosting Charges: Website hosting is paid a year in advance, for 12 months at a time. A 10% discount for annual payment is applied. We will advise which of the four packages available (Bronze, Silver, Gold and Platinum) is appropriate for the size of your website. Hosting can also be upgrade to a care plan, which includes monthly support.
(c) Staging Hosting: Once the website is ready for review by the Client, it will be loaded onto our staging server. After a four-week period of the Client being informed of the site being available for review, hosting charges will begin at full rate (8b). The four-week staging discount is only applicable for websites developed in-house by the ENVY DESIGNS LIMITED.
If the project time frame is lengthened beyond expectation due to delays client-side, then ENVY DESIGNS LIMITED reserve the right to request early payment on all, or part, of the final 50% prior to website completion.
(b) Our standard payment period is ten (10) days. Any invoice that is not paid within one calendar month will be subject to a late payment fee. A revised invoice will be sent to your nominated e-mail address. The late payment amount is determined by the invoice total;
– If the invoice is under NZ$1000+GST, then a flat fee of NZ$20 will be added to your invoice
– If the invoice is over NZ$1000+GST, then late payment shall incur interest at the rate of 3% per month on outstanding balances calculated on a monthly basis. If subscription fees are overdue (web hosting, domains, email), ENVY DESIGNS LIMITED is entitled to disconnect any Services supplied.
(c) At times websites require bug fixing. This is outside of both the agency and the client’s control, so we charge a discounted rate to reflect this. When problems with your website arise, we will fix them as fast as possible, and bill you on the reduced bug fixing rate, at our sole discretion.
The following terms and conditions apply to the provision of all Services, including the registration of .nz .au .com and sub-domains the special terms for which are set out below:
We shall use reasonable endeavours to provide continuing availability of the Server and the Services but we shall not, in any event, be liable for Service interruptions or down time of the Server.
You are solely responsible for obtaining any and all necessary intellectual property rights clearances and/or other consents and authorisations, including without limitation, clearances and/or consents in respect of your proposed domain name and merchant services agreements between you and the relevant financial institutions.
You agree to indemnify and keep indemnified and hold us harmless from and against any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Server, and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered and howsoever incurred by us in consequence of your breach or non-observance of these terms.
Except where expressly provided otherwise, any notice to be given by either party to the other must be sent by email. If sent by email, it shall (unless the contrary is proved) be deemed to be received on the day it was sent.
If any clause of these terms and conditions is found to be invalid, illegal, or unenforceable, the rest of the terms will still be enforceable.
We may change these terms and conditions at any time. Details of our current terms are available at www.envydesign.co.nz/terms-conditions.
These terms and conditions constitute the entire agreement between ENVY DESIGNS LIMITED and you, and supersede all prior agreements, understandings and representations whether oral or written. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. Except as provided above, no variation may be made to the contract unless it is in writing and signed by authorised representatives of you and ENVY DESIGNS LIMITED.
This agreement shall be governed by the laws in force in the state of New Zealand.
In addition to general Account, Billing and Service communications, ENVY DESIGNS LIMITED will, from time to time, issue email notifications relating to our services, including, but not limited to Newsletters, Announcements, Promotional and Seasonal offers, and Surveys. By entering into agreement with these terms and conditions, you agree to receive email communications by inferred consent until such time as you decide to opt-out of such communications. You may opt out of our mailing list at any time by sending an email to [email protected]
You will not be able to opt-out of Critical Service Notifications, Renewal, Billing and Account Notifications, Scheduled Downtime Notifications or any other communications deemed to be an essential part of our service to you.