Our Terms & Conditions | NZ Digital
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Auckland
Level 1, 22-28 Customs St East, Britomart
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NZ Digital Building, 21a Hastings Street
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Terms of Engagement

 

Any work undertaken by NZ Digital Ltd will be subject to
the following terms and conditions.

Terms of Engagement

These Standard Terms of Engagement (“Terms”) apply in respect of all work carried out by us for you, except to the extent that we otherwise agree with you in writing.

Services

The services which we are to provide for you will be outlined in our proposal, Statement of work or itemised quotation.

Financial

Quotations & Fees

(a) The fees which we will charge or the manner in which they will be arrived at, are set out in our Statement of work or subsequent quotation.

(b) If the Statement of work / quotation specifies a fixed fee, we will charge this for the agreed scope of our services.

Quotations are based on information provided by the client at the time of quoting work. Any subsequent work which falls outside that scope or changes in the client’s instructions from originally stated requirements may incur extra charges. These charges are based on an hourly rate basis with minimum billable time blocks of 15 minute increments.

Any material that must be unexpectedly collected or created at our expense in order to complete the work may incur extra charges at the current rate. Any later material supplied to us may also jeopardize any deadline that may have been agreed upon.

(c) Quotations will lapse if not accepted within 30 days from date of quotation and are subject to variations in material input costs. All quotations are subject to the Term and Conditions in this agreement.

(d) Where our fees are calculated on an hourly basis, the hourly rates are set out in our Statement of work / quotation. The differences in those rates reflect the experience and specialisation of our professional staff.

Disbursements and Expenses

In providing services we may incur disbursements or have to make payments to third parties on your behalf. These will be included in our invoice to you when the expense is incurred. We may require an advance payment for the disbursements or expenses which we will be incurring on your behalf.

GST (if any)

Is payable by you on our fees.

Invoices & Payment

(a) Invoices are payable 20th of the following month of the date of the invoice, unless alternative arrangements have been made with us.

(b) Where a deposit has been invoiced, payment is due before commencement of work or date as specified on invoice. If the client has any query regarding an invoice this must be followed up with NZ Digital Ltd within 5 working days of receipt. Additional credit may be denied to those accounts whose balances remain outstanding at month end.

(c) Interest will be chargeable on overdue accounts at the rate of 2.5% per month together with an Admin Fee of $10.00 + GST per month.

(d) Accounts not paid within 90 days will be forwarded to a debt collection agency and the account holder will be responsible for paying any administration costs, collection costs and legal fees.

Security

We may ask you to pre-pay amounts to us, or to provide security for our fees and expenses. You authorise us:

to debit against amounts pre-paid by you; and

to deduct from any fees, expenses or disbursements for which we have provided an invoice.

Third Parties

We hold the right to add a 10% service fee for all third party expenses that we manage and pay on your behalf. This includes print, digital advertising and social media advertising placement. This service fee is based on the amount paid to the third party.

(b) Although you may expect to be reimbursed by a third party for our fees and expenses, and although our invoices may at your request or with your approval be directed to a third party, nevertheless you remain responsible for payment to us if the third party fails to pay us.

Liability

NZ Digital Ltd will not be held liable for indirect or consequential loss or for any loss to a client arising from third party claims occasioned by errors or omissions in carrying out the work or by delay in delivery. The total liability of NZ Digital Ltd to the client in contract or otherwise for any loss, damage or injury directly or indirectly arising from any error, defect or omission in or noncompliance of the product or any other breach by NZ Digital Ltd under this agreement will not exceed the charged price for the product under any circumstances.

NZ Digital Ltd is not liable to the client for any incidental, economic or consequential loss or damage arising from any breach of this agreement. The client indemnifies NZ Digital Ltd against any claim, loss or damage NZ Digital Ltd may suffer arising directly or indirectly out of the breach of no-observance of any obligation imposed on the client by this agreement. NZ Digital Ltd is not liable to the client for any content, images, photographs supplied that are incorrect in nature or misleading to the target audience intended.

Confidentiality

We will hold in confidence all information concerning you or your affairs that we acquire during the course of acting for you. We will not disclose any of this information to any other person except:

to the extent necessary or desirable to enable us to carry out your instructions; or

(b) to the extent required by law.

Confidential information concerning you will as far as practicable be made available only to those within our agency, who are providing services for you.

We will of course, not disclose to you confidential information which we have in relation to any other client.

Suspensions & Terminations

You may terminate our services at any time. We may also terminate our services at any time. Any work commissioned by the client, and subsequently cancelled or suspended for more than 30 working days, will entitle NZ Digital Ltd to payment in full for the portion of work completed up to the date of termination and all expenses incurred up to that date.
If a project is left stagnant by the client and NZ Digital has not been able to do work on the project for a period of 8 weeks or more, this may incur extra charges pick up the job again once the client is ready. This charge is to recap where the job was left and re-brief the team.

Retention of Files and Documents

You authorise us (without further reference to you) to destroy all files and documents for this matter (other than any documents that we hold in safe custody for you) 1 year after our engagement ends, or earlier if we have converted those files and documents to an electronic format and supplied to you.

Conflicts of Interest

We will avoid circumstances of conflicts of interest where possible. On occasion where we feel a conflict of interest may be of concern, we will advise you of this and discuss appropriately.

Sighting and Approval of Proof

NZ Digital Ltd may require the client to sight and approve proofs of the work being produced at various stages of production and immediately prior to commencing to print. NZ Digital Ltd accepts no responsibility for errors (spelling or literal) or omissions in the finished work where the client has either not wished to see or approve proofs of his/her work or seen or approved a proof and not highlighted the error or omission and bought it to the attention of NZ Digital Ltd. Full payments for the work will be required regardless of errors or omissions that were not brought to the attention of NZ Digital Ltd by the client at the time of proofing.

Acceptance of Design and Ideas

Whether accepted by the client or not, all work done in an experimental manner or to task completion, including any design, mock-ups, visuals and any other ideas shall be considered an order and charged for accordingly. Any concepts not accepted remain the property of NZ Digital Ltd. If work fails to meet your satisfaction, please contact NZ Digital Ltd within 5 working days so the matter can be resolved.

Intellectual Property

The client shall retain intellectual property/copyright for all finalised logos, drawings, photographs, designs, artwork, proofs and web sites prepared by NZ Digital Ltd for the work specified in this agreement.

The client shall be entitled to use them or copy them only for the works and purpose for which they are intended. The client shall have no right to use any of this where any or all of the fees and expenses remain overdue or in default to NZ Digital Ltd. NZ Digital Ltd will retain the right to use all logos, drawings, photographs, designs, artwork, proofs and edits developed for the client for promotion purposes within their newsletters, web sites, and portfolios, or any other promotional material.

Client Care

We are committed to doing our best to ensure that your needs are met in this matter.

We will:

  • Protect and promote your interests and act for you free from compromising influences or loyalties.
  • Discuss with you your objectives and how they should best be achieved.
  • Act competently, in a timely way, and in accordance with instructions received and arrangements made.
  • Provide you with information about the work to be done, who will do it and the way the services will be provided.
  • Protect your privacy and ensure appropriate confidentiality.
  • Treat you fairly, respectfully and without discrimination.
  • Keep you informed about the work being done and advise you when it is completed.
  • Charge you a fee that is fair and reasonable and let you know how and when you will be billed.
  • Let you know how to make a complaint and deal with any complaint promptly and fairly.

The basis of our charges

Unless agreed otherwise our rates are based on the range of factors, including time, expertise, importance, urgency and results achieved. Details of our charges are available at any time. We also charge for administrative disbursements and travel expenses incurred on your behalf. These will be itemised separately, and we will notify you if any fees or disbursements need to be paid for in advance.

Complaints

We maintain a procedure for handling any complaints by clients, designed to ensure that a complaint is dealt with promptly and fairly. If you have a complaint about our services or charges, you may refer your complaint to the person in our agency who has overall responsibility for your work. If you do not wish to refer your complaint to that person, or you are not satisfied with that person’s response to your complaint, you may refer your complaint to any other partner.

General

These Terms apply to any current engagement and also to any future engagement, whether or not we send you another copy of them. We are entitled to change these Terms from time to time, in which case they will be available on our website www.nzdigital.co.nz.

Overdue Invoices

NZ Digital reserve the right to charge interest on overdue accounts at the rate of 2.5% per month together with an Admin Fee of $10.00 + GST per month.

Disputed Invoices

If the Client objects to any portion of an invoice, the Client shall so notify the NZ Digital in writing within 30 calendar days of receipt of the invoice. The Client shall identify the specific cause of the disagreement and shall pay when due that portion of the invoice not in dispute. Interest as stated shall be paid by the client on all disputed invoiced amounts resolved in NZ Digital’s favor and unpaid for more than 30 calendar days after date of submission.

Content Management System Use

Please note that the content management system of your website allows flexibility to manage simple content and image updates. It is not a total solution for updating 100% of the website’s content. Further to this some areas are complex and if updated can cause major issues with the look or performance of your website. Please only update areas you are familiar with and please don’t update the WordPress platform or plugins without prior discussion with us.

If an issue arises with your website as a result of content management a charge may apply to revert changes and rectify any problems.

WordPress Maintenance

Updates of the WordPress Framework and plugins used within your website are not included in the original website build price.

In order to keep websites functioning effectively over time, NZ Digital will be in contact offering annual updates. If you require these to be updated the work will be charged out as an hourly rate depending on your requirements.

Clients should not attempt to make these updates themselves. Doing so can incur errors and additional fixing costs to redeem any issues are liable to the client.

Cancellation of Hosting Services

If you would like to cancel your hosting services please notify us by phone or email. On request we will supply all website files providing your account is up to date. Hosting fees are annual, non-refundable will be renewed automatically annually. We require 4 weeks notice if you wish to cancel your hosting with us. If you transfer your services to another provider we need written email confirmation from them or you advising us that the transfer is complete. We will not terminate your services prior to this final notification.

Please note, cancelling your hosting account removes your website’s files from our servers. Be sure that you have copies of any files you want to keep before you cancel your account with us.

We value an ongoing relationship with you. These Terms are the core basis of our relationship and our commitment to you to attend to your service requirements diligently, with an efficient, effective and professional service.

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