Terms & Conditions

Kiwi Website Design Ltd Terms and Conditions of Trade

We know you’re busy, so we’ve tried to keep our terms and conditions relevant, clear, and easy to understand. Feel free to contact us if you have any questions.

Definitions

  • Kiwi Website Design Ltd is referred to as Kiwi Website Design, We, Us, Our
  • Our registered name is “Outsource NZ Limited” Company Number: 340053
  • Our registered name in Australia is “Outsource NZ pty Limited” Australian ABN 47 623 399 931
  • The Client is referred to as The Client, You, Your

Our Responsibilities

Kiwi Website Design commits to:
Provide the client website design, development and website hosting services that perform the functions detailed under the agreed package and additional functionality sections of the project information

  • To perform all services in a timely, professional manner
  • To respond to all client queries in a timely and professional manner
  • To provide a quote or estimate, before undertaking any additional work required to complete the website that has not been agreed on and stated in the project information
  • To employ our best efforts to remedy any functional issues after the website is built

Your Responsibilities

Website design is a collaborative effort. As a client, you commit to:
Promptly reply to our requests for logos, branding, images, and other information we require to complete your website
Follow our instructions relating to the formats we require this information so we can work with it effectively
Promptly respond to our requests for feedback and approval of design concepts

Ensure any employee or agent of your company dealing with us is authorised to make decisions relating to the website, on behalf of your company
Be responsible for making Kiwi Website Design fully aware of their website functionality requirements prior to commencing their project.

The client must ensure these requirements are listed in the project information under the package functionality, or quoted under the additional functionality. Kiwi Website Design will not be obligated to undertake any additional functionality requests that are not listed in the project information. If additional functionality requirements come to hand after the project has commenced, and they are within the technical scope of Kiwi Website Design’s ability, they will be quoted on and agreed to before work on these aspects will commence.

Website Design

Included with your website package, your website concept can be revised up to five times if necessary. If any further revisions are required, these will be done at $100 per hour.
Once the design concept is approved, any additional design changes needed, will be done at $100 per hour. Any additional functionality or programming tasks will be done at $100 per hour. Approvals can be made verbally or in writing.

A discreet ‘website designed by Kiwi Website Design’ message will be placed in the footer of the website. We may choose to feature the website in our portfolio to showcase our work.
Your website will function correctly on all of the latest versions of the most popular web browsers provided all relevant technologies are installed. Popular browsers are Internet Explorer, Firefox/Mozilla, Chrome and Safari. Internet Explorer versions 6 and 7 are not supported. The appearance of your site may differ slightly from browser to browser, due to the way the browsers render content.

Your website will be fully mobile responsive and will function correctly on all popular devices like Android tablets, android phones, Iphones, I pads etc.
Kiwi Website Design takes no responsibility whatsoever for issues relating to copyright infringement based on text, images or any other material provided to us, and will act on the instruction of the client. It is the client’s responsibility to take reasonable steps to ensure the content they provide is not under copyright. If it is found that we have been supplied with materials under copyright and are instructed by court authority to take the content down, we will of course comply. The client will absorb all costs related to copyright infringement, including development time to comply with court requests.

If you wish to integrate any third party software with your website, Kiwi Website Design takes no responsibility whatsoever for issues relating to the suitability, functionality, or compatibility of that software with the website.

If you wish to integrate any third party software with your website, Kiwi Website Design takes no responsibility whatsoever for issues relating to the suitability, functionality, or compatibility of that software with the website.

All photography and graphics for the website are to be supplied by the client at the client’s expense. Any photography or graphics already in the template can be included free of charge.
Kiwi Website Design is not responsible for obtaining listings for your website on google, or other search engines. This is a separate field from web design, called search engine optimisation (SEO). If you need help with SEO we can put you in touch with our marketing team who can help.

Every Enterprise Package website (built from 01/07/2011) comes with drop down menu buttons. When you add a sub page in the CMS, these will appear automatically under your menu tabs.
The website design will be based around the design approved in the project information. For information websites (versus Ecommerce) the approved design will be used as a starting point create the front end design only

The background of the site will appear differently from computer to computer, based on the resolution that is set. Our websites are optimised to show on the majority of computers with no scroll bar appearing, forcing the viewer to scroll left and right. Computers with a resolution less than 1024px by 768px will unavoidably show a scroll bar. The maximum resolution catered to is 1920px by 1080px. This is usually achieved by using one background image. Upon request, we can have a repeating background pattern instead, which helps with load speed but does not allow for as much design flexibility. We cannot combine methods of using a background image and repeating pattern.

Colours differ from computer to computer, based on individual visitors’ colour and monitor settings. Likewise, colours may appear differently when viewed on mobile devices.
Fonts may appear differently from browser to browser, based on browser settings, computer settings, or the due to limitations of the browsers themselves.

Website Hosting

Your website will be built on Open source platform and there are no restrictions at all. You are welcome to host your website yourself. If you want us to host your website, we will be happy to host it on our fast-dedicated servers.
Included with this service, you will also receive support free of charge for up to 30mins per month, and we will also take regular backups of your website.

Website hosting will be charged at the price quoted in the project information, paid monthly by Direct Debit, or annually in advance via bank transfer. Non payment of web design services or web hosting fees may result in the suspension of your hosting account until payment is made.

Website hosting payments will begin once the design concept is approved, and the website gets loaded on the server for coding. Payments will fall on either the 1st or 15th of the month.
Backup copies of your website files can be provided on request, to provide added security and peace of mind in the unlikely event that Kiwi Website Design was unable to continue hosting the website.

A fair use policy is in place for disk space and bandwidth usage. 1GB disk space and 4GB bandwidth per month is considered fair use (the average site with Kiwi Website Design uses under 500MB disk space and under 1000MBs of bandwidth). Each GB of exceeded disk space usage or bandwidth usage will incur a $10 charge per month. For high bandwidth users, if you require more than an additional 5GB, each additional GB of bandwidth is reduced to $5 per GB. Disk usage is set at $10 per GB after the first free GB.
Kiwi Website Design will make all reasonable efforts to ensure website loading speed and uptime is at optimum levels, but will not be held liable by the client for issues relating to server performance or website functionality.

Requests to cancel web hosting and/or domain name registration services must be made in writing. Simply asking for a UDAI code will not cancel your hosting and domain payments. Payments will continue until written notice is received.

Support for your website, website hosting and email will be available to you during our usual working hours, Monday to Friday, 9 am to 5 pm.

Payment Terms

All prices quoted are excluding GST.
Before beginning your project, a 50% deposit of the design package price is required. This deposit is non-refundable as it covers Kiwi Website Design for the purchase of your template, and initial consultation and design work.

The remaining 50% of the design package payment will be invoiced when the site is built. Note this is not the launch or “go live” phase, which will occur once the content loaded.
Additional functionality may be invoiced as it is completed, or in a combined invoice with the design package remainder.
All invoices are due 7 days from invoice date unless otherwise stated.

In extreme cases of continued non-payment, we reserve the right to engage our collections agency to obtain outstanding funds, and suspend the web and email hosting. In such cases, the client will pay any associated collection costs.

Your website will function exactly as stipulated on our apps details pages here.

Terms & Conditions
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