Terms and Conditions
By visiting our site and/or purchasing something from Design Garage, you (the Client) engage in Design Garage’s Service and agree to be bound by the following terms and conditions. By signing and completing any proposal the Client agrees to Design Garage providing the services outlined in the proposal on these terms and conditions.
All estimates and quoted prices are valid for one month from received date.
Services
Design Garage will complete work in accordance with the proposal provided to the Client and within time frames agreed provided all information is supplied by the Client when required. Design Garage does not take any responsibility for incomplete or delayed work due to the Client failing to provide information.
Price
The Client shall pay Design Garage the price stated in the proposal, subject to these terms and conditions. The price given is an estimate for time and materials, which may be revised but Design Garage will not revise the estimate by more than 10% without prior written notification to the Client. Any deviation from the scope may incur an extra charge. The price does not include any istock photos or modules purchased as part of the job. All prices in the proposal are stated exclusive of GST.
Payment and completion of work
A deposit is required before any work is commenced. An invoice will be sent for the deposit amount. The balance must be paid once the job has been completed but Design Garage may issue monthly interim invoices for work in progress where completion of the job takes longer than one month from the work commencing. Payment can be made by bank transfer. The Client shall pay all amounts due on the due date. Unless otherwise agreed in writing, the due date shall be the 20th of the month following the date of Design Garage’s invoice. Provided that the Client is in default, the Client shall pay interest upon demand at the rate of 12% per annum in respect of all of the Client’s indebtedness to Design Garage. Such interest shall accrue on a daily basis from the date when payment is due until the date when payment is actually received. The Client shall be liable to pay all expenses and legal costs of Design Garage relating to collection of any such indebtedness. In the event of default Design Garage may suspend or terminate provision of the services. For graphic design work, payment of the final invoice confirms the Client’s agreement that the job is complete and any further request to make changes will be billable and treated as an entirely new job. For all websites, Design Garage gives the client a one month period after the going live date to check over the website, in this time any technical errors will be fix, any issues noticed after one month will be charge as a new job.
Ownership
All services provided by Design Garage shall be for exclusive use of the Client and the Client will take ownership of all final files after full payment has been received, subject to a perpetual license in favour of Design Garage for promotional use. Design Garage will retain ownership of all templates, working and original files. The Client will have full ownership of any content on the website. The Content Management System (CMS) is to remain on Design Garage’s chosen server. If you wish to move the website content to another server you can do so at your own cost. Design Garage will not provide CMS or website template files. The client takes full responsibility for all copyright or trademarks of their branding.
Liability
Where the Client is acquiring Design Garage’s services for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 are excluded accordingly. The aggregate liability of Design Garage to the Client in connection with the provision of these services (whether in contract, tort or otherwise) will not exceed the total fees paid and/or owing by the Client. To the fullest extent permitted by law, Design Garage will not be liable to the Client (whether in contract, tort or otherwise) for any indirect, consequential or special loss, however arising.
Variations
Any variations to the services (including to the scope of any proposal) must be agreed in writing.
Cancellation
Either party can terminate the provision of services at any time by giving a cancellation notice in writing. If work has commenced, Design Garage will be entitled to payment for all work completed up to and including the date of termination and costs incurred.
Privacy
Design Garage will hold any personal information provided by the Client, and make it available to the Client, as required by the Privacy Act 1993 and Design Garage’s Privacy Policy.
Additional terms for websites
Quality Control
Cross browser checks will be completed on standard devices and browsers (including Mozilla Firefox, Safari, Chrome, iPad and iPhone) however if the Client has a specific browser or device to target it is the Client’s responsibility to inform Design Garage.
Content
The Client is responsible for all content (including text, images and video) on the website, including ensuring that such content is not in breach of any third party rights (including intellectual property rights). The Client indemnifies Design Garage against any losses, proceedings or costs arising out of any claim made against Design Garage by any third party concerning any material provided by the Client.
Maintenance and Updates
Any maintenance or updates that are outside the scope of the design project will be charged to the Client. When updates are required Design Garage will provide estimates for this work before commencing. Any upgrade and subscription costs will be charged to the Client.
Backups
The Client is responsible for maintaining their own backups of website content and Design Garage will not be responsible for restoring any Client data or Client websites.
Hosting, Domain Names and Email Services
The Client is responsible for the purchase and renewal of their domain name(s). Design Garage will purchase web hosting on the Client’s behalf and once the Client has reimbursed Design Garage. We don’t provide hosting account to client. Hosting will be charged from the day your website goes live or 30 days from signing the contract if there is delay in sign off due to the client. If delay is Design Garages fault hosting will be charged from the date the website goes live. By hosting your website with Design Garage, you are agreeing to comply with all our hosting terms and conditions as set out in the proposal.
Design Garage reserve the right to change the pricing for domain name(s), hosting and email services with a minimum of 14 days notice. Either party can terminate the provision of domain name(s), hosting and email services by giving a cancellation notice in writing with a 12 month paid notice period.
Annual renewal fees are required to be paid by the invoice due date to ensure continuity of your website, email addresses and other important services that Design Garage provides for you. If you do not pay the fees for registered domain name(s), hosting or email services Design Garage may:
– Cancel registration of domain name(s), hosting and email services; or
– Refuse to provide a service you request.
In consideration of Design Garage providing you with hosting, you agree to make payment as follows:
– The minimum term of this agreement for provision of hosting, domain names and email services is 12 months, renewable annually for further periods of 12 months. Early cancellation of services must be provided in writing with a two month paid notice period.
– Renewal notices will be invoiced one month prior to expiration of 12 month agreement with 15 days to pay the invoice.
– Provided payment of the renewal fee is made prior to the expiration of the existing agreement, supply of your domain name(s), hosting or email services will roll over without disturbance.
– Payment of renewal can be made at any time in or prior to the 15 day period. Note that payment received in the 15 day period does not change the expiration/anniversary date, which remains 12 months from the date of initial commencement of services.
– If payment of renewal fee is not received by 15 days after expiration date, your domain name(s), hosting or email services will be automatically suspended then terminated after 90 days.
Domain Names
If you no longer require a domain name you need to cancel this via email notification before the due date on all invoices. If you don’t cancel before the invoice due date this will be charged to your account and payment will need to be made regardless of if you want the domain.
Search Engine Optimisation (SEO)
The build of a website does not automatically put the Client’s website in search engines. Design Garage does not provide any guarantee of any improvement in your search engine rankings or that your website will rank for any specific keyword or keyword phrase. SEO is a specialist skill and you may also need to engage the services of Design Garage to achieve the desired search engine rankings.
Website Service
The Client is responsible for all payments, orders, subscriptions, web enquiries and functionality (i.e. third party payment facilities, booking systems, enquiry forms, marketing applications and browsers outside of Design Garage’s control) on their websites. Design Garage can’t guarantee that third party functionality contained in any web page templates or in a completed website, or web hosting services will always be error-free. To the fullest extend permitted by law, Design Garage is not liable (whether in contract or tort) for loss or damages (including indirect, special or consequential loss), arising out of faults or defects in any services or goods provided by third parties in connection with website. Design Garage will charge at standard rates for all time taken to investigate any website issues relating to the above.
Design Credit
Design Garage has the right to include a link to www.designgarage.co.nz in the footer of the Client’s website.
Applicable law
This agreement shall be interpreted in accordance with the laws of New Zealand.
Changes
Design Garage reserves the right, at its sole discretion, to modify or replace these terms and conditions at any time. If a revision is material Design Garage will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at Design Garage’s sole discretion.
By continuing to access or use our Service after those revisions become effective, the Client agrees to be bound by the revised terms. If the Client does not agree to the new terms, the Client must stop using the Service.