If required, for all future Online Services, Coaching and Support provided in addition to this contract shall be invoiced at the agreed per hour + GST rate.
No additional purchases shall be charged to the purchaser without prior consent. These may relate to activities including but not limited to signwriting, logo design, etc. If for whatever reason, we do not receive any communication from you or your representative, and a two-week period lapses as we wait for approval of a stage, media, content, or deliverable, that deliverable is deemed and accepted. Any payment associated with that stage become due.
Payment for service is due 5 working days following invoice.
Hosting services are paid annually in advance. Any unused hosting is not reimbursed.
Security fees are paid monthly for the current calendar month.
Failure to make payment by the due date may incur a 20% per annum penalty on your account.
If you fail to make payment within 1 month we may lodge your debt on a debt register and take the necessary actions to recover the debt. If you choose to make payment on the outstanding amounts, all costs we may have incurred to recover the debt will be added to your outstanding amount.
Until a satisfactory full and final settlement of all invoices pertaining to this assignment is received, all administration rights and the associated infrastructure created remains the property of Net Branding Ltd. Net Branding is also entitled to remove the digital infrastructure from the internet.
Should the company default in payment of the invoice, the company directors shall immediately become personally liable for payment of any outstanding current and future invoices.
Our hourly rate can be modified with a 2-month calendar notice period.
All prices published or estimated shall be exclusive of Goods and Services Tax unless specifically stated to the contrary.
All deposits and amounts paid are not refundable to the purchaser by Net Branding.
Monthly Retainers. This retainer starts in the same month as the setup. A retainer is deemed to be a regular monthly agreed amount for the delivery of digital service from Net Branding to the client.
All proposals that include Monthly Retainers are subject to a 3-month calendar notice period (or as specified in our accepted agreement). On receipt of the notice, Net Branding will perform a washup of hours spent over a block period prior (6-months, 12-months, or from a significant milestone). Any excess time spent in these prior months will be allocated into the retainer notice period and shall be deducted accordingly from the agreed time. If less time has been spent, this time will be added to the retainer time in the notice period.
Responsibility of Supplier
Commitment to Privacy
We will never sell your personal information to any other company. However, should Net Branding Ltd be sold, then the information will pass under the normal terms and conditions of such a transaction.
In the event of a criminal investigation or a suspected illegal activity, we may be required by law enforcement agencies to share certain personal information.
Net Branding reserves the right to perform a credit reference check on any client, both prior to commencing and throughout the duration of a contract.
Net Branding Limited assumes no liability for the ongoing existence or functioning of any of the products / tools utilized for or during the creation of the online infrastructure.
Net Branding assumes no responsibility for the continued viability of any digital structure created.
If any website element or designed deliverable is printed or placed on other mediums (online or offline) by the purchaser, it is the responsibility of the purchaser to ensure that all elements of this proposed deliverable with a third party are accurate and on brand.
All website hosting if applicable is outsourced to a dedicated hosting provider. Net Branding assumes no liability over the security, uptime, or ongoing operations of the hosted environment. Hosting is not a stand-alone product provided to the public. Hosting is only a service provided to current Net Branding clients. Current Net Branding clients include clients whose website we manage and update, clients on a website security plan OR clients that are on a retainer for related website / digital services. Should a client provide Net Branding with notice to remove their website services, website management, security website management or digital services from Net Branding, then it is deemed that the client will remove their website and any related website elements or functionality from the Net Branding’s hosting environment within 20 working days. Any additional hosting period, paid in advance shall be forfeited by the client.
Whilst Net Branding provides best endeavours to maintain the functionality, security of the site and online profiles, Net Branding assumes no liability for any rogue hacks or security breaches on any of the platforms supported or created.
Net Branding assumes no responsibility in relation to the ongoing use of the infrastructure created and the associated return on investment.
Net Branding reserves the right to change or modify these Terms of Service at any time.
The Purchaser shall give Net Branding Ltd reasonable access to their office, employees and representatives, information and other items as required by Net Branding to deliver services. Any increase in time spent as a result of access being denied or delayed may result in an increase in the cost of services.
On completion of specified phases of work, as agreed, the Purchaser will be notified and have the opportunity to review it. The Purchaser should notify Net Branding Ltd, in writing, of any unsatisfactory points within one week of receipt of such notification. Any work which has not been reported in writing to Net Branding as unsatisfactory within the one-week period will be deemed to have been approved. Should a particular phase or content / project delivery not be approved by the client within 5 working days of handover acceptance is implied. Once approved, or deemed approved, work cannot subsequently be rejected and will be deemed to have been completed and any associated invoices will become due.
Responsibilities of the Purchaser
You agree to the following:
(a) to provide us with correct contact details, and to keep them up-to-date;
(b) to keep your private access details (usernames and passwords) confidential;
(c) to provide us with content (including pictures, links, and text) that does not infringe any copyright, trademark, patent, common law, or rights of others;
(d) you confirm that you are legally entitled to represent the organization and have the authority to action this project;
(e) where the party involved is a company, the directors of the company personally guarantee the companies obligations under the terms of trade;
(f) where the party involved is a sole trader or other singular entity, they personally guarantee their obligations under the terms of trade;
(g) any instructions received and confirmed in writing by Net Branding Ltd from The Purchaser for the supply of services shall constitute a binding contract between the parties and an acceptance of these terms;
(h) any disbursements owing to third-party services and the cancellation thereof is your responsibility upon conclusion of the contract period. For example, but not limited to the cancellation of, Google Advertising and Facebook Advertising.
(i) promptly pay for the services as agreed. All payments must be in New Zealand dollars.
(j) implied acceptance of these terms and conditions is provided by a purchaser on providing the “go ahead”, or acceptance of any proposal or scope of work to commence.
(k) any deposit monies are not refundable.
(l) if you believe you have made an overpayment to Net Branding, you have a 1-calendar month period to apply for such a refund. There are no refunds made on invoices paid after this calendar period has expired.
(m) The Purchaser must notify the Supplier within 5 working days, in writing if they become aware of any products and services which do not conform to their expected standards.
Net Branding Limited assumes no responsibility for information published on any internet site and disclaims all liability in respect of such information. If the proposed website stores sensitive and private information, the purchaser warrants that all client testing date provided shall be in a substantial and complete form. Net Branding assumes no responsibility for the breach of any such information. Net Branding Limited is not liable for any injury and/or damage to persons or property as a result of any actual or alleged libellous statements, infringements of intellectual property or privacy rights, or product liability, whether resulting from negligence or otherwise, including without limitation, from any use or operation of any ideas, instructions, procedures, products or methods contained in the material published on any existing or created electronic site. Net Branding is not liable for any perceived or real financial losses in relation to your online presence. Net Branding Limited does not warrant that the information published on any electronic site is accurate or free from error. You agree to accept the application of New Zealand law to govern matters between Net Branding Limited and yourself.
If despite the other provisions of this agreement, Net Branding is found to be liable then its liability for any single event or series of related events is limited to the fees payable (over the last two months) by The Purchaser for services rendered by Net Branding, or the value of $1500. The lesser of these values shall apply to the maximum claim allowed for services rendered by Net Branding, under this agreement. This period will be established when a formal notice is made to the registered office of Net Branding.
Failure by Net Branding to enforce any of the terms and conditions contained in this agreement shall not be deemed to be a waiver of all the rights or obligations Net Branding has under these terms.
Net Branding, and any representative thereof, reserves the right to remove themselves from any project or client site should they become aware of anything that is in conflict with our philosophies, core values and principles. This could include but is not limited to, content, website targeting and persons representing a company (whether employed, contracted or supporting). Any financial warrants and statements as per the Terms and Conditions remain.
Duration of Agreement
The Agreement must be for a period of at least four calendar months. These four calendar months are considered the initial period.
At the end of the initial period (four calendar months), the Agreement will continue with no previous notification required. Unless advised otherwise, the ongoing services will continue as per the Agreement. These shall remain in force until terminated by either Party, in writing, giving not less than three month’s written notice to the other party.
On the basis that all outstanding invoices have been settled in full, the Purchaser shall obtain ownership of all materials and resources produced during the course of this agreement e.g. the website, photographs, video.
When an account is in default, Net Branding Ltd reserves the right to suspend services or withdraw from ongoing work for The Purchaser until such time as all monies, including interest and charges where applicable, are paid.
By suspending or withdrawing services, Net Branding Ltd does not remove The Purchaser’s obligation to pay any outstanding monies owing. However, should a customer not pay for the services within 60 days of due date, the product created / service can be onsold to recover costs. Should a non-disclosure agreement be applicable, any non-disclosure agreement becomes void if all invoices outstanding invoices have not been settled.
Appendix 1 (Typical information required as appropriate)
• Information required at commencement of work:
• Contact details
• Postal address
• Email address
• Physical address
• Website details
• JPEG files of all logos.
• Access to images available for us.
• CV for the LinkedIn Profiles.
• A few additional pictures e.g. location, office, profile of yourself.
• A few thoughts around what words you would think of when describing how people may search for your services.
• Providing recommended content for Blog Pages and Articles
• Images | Pictures for blog
• Facebook login details
• Twitter login details
• LinkedIn login details.
• YouTube login details if appropriate
• Details of all personal details including, names, emails, social media accounts, summary descriptions, addresses, experience