In the absence of a specific contract for your Website Development project, this contract will apply.
Monsoon Creative will endeavour to operate in a fair and reasonable manner at all times and it is part of our ethos to ensure we maintain a great relationship with our clients. It is, however, important to agree to certain contractual aspects in order to protect both parties. By undertaking a design project with Monsoon Creative, you are agreeing to the following terms and conditions.
1. RELATIONSHIP OF THE PARTIES
The parties intend that an independent contractor relationship will be created by this contract, and that no partnership, joint venture or employee/employer relationship is intended or implied.
2. PROJECT PROCESS
Monsoon Creative cannot always guarantee to start work immediately on a project but will arrange a date with the client as to when work can commence.
The project will be run according to Monsoon Creative’s Project Process. If Monsoon Creative has produced a proposal document for the project then Monsoon Creative will commence work at once, provided you supply us with:
- Final data, information, logos, designs, graphic and related materials to be incorporated into the Web Development solution ready for publication, prior to the design call. Any further material supplied at a later date may incur an additional charge.
- Where applicable comply with all the terms of the Web hosting agreement
- Should you decide to make design changes once the concept has been signed off, Monsoon Creative may quote for an additional charge.
During the Website Development Process Cycle Monsoon Creative may at intervals place versions of the client’s Website on one of Monsoon Creative’s demonstration servers so that the client may view and comment upon the design progress, and approve design concepts and prototypes. When both Monsoon Creative and the client agree that the Website meets the criteria agreed during the projecting process, Monsoon Creative will invoice the client for the remainder of the amount due for the project. At Monsoon Creative’s discretion, Monsoon Creative may choose to delay publishing some clients Websites until full payment for the Web design project has been received.
All material, both text and images, supplied by the client and used in the construction of the client’s Website, will remain the client’s property. All such material will be assumed to be the property of the client and free to use without fear of breach of copyright laws.
The copyright for all material provided by Monsoon Creative, such as HTML code, graphics, photographs and text, but excluding software code, will remain the property of Monsoon Creative until such time as Monsoon Creative receives full payment, whereupon they will become the property of the client.
All software templates provided as a part of a Website will remain at all times the property of Monsoon Creative. The client will be granted a single use, single site, source code license to the software code. The client may not sell or redistribute the software code. The client may not use the software code in more than one installation. The client will be given access to the source code and may take the code to another developer for purposes of maintaining or extending the system.
The parties acknowledge that Monsoon Creative may accept jobs from other clients to develop Web solutions with the same or similar functionality to the Web solution, and that Monsoon Creative may replicate and exploit all techniques, structures, designs and individual modules of program code used in the creation of the Web solution.
All prices are quoted exclusive of GST. GST is payable by New Zealand residents, this cost does not apply to overseas orders.
5. TERMS OF PAYMENT
Monsoon Creative require a 30% deposit prior to project start, the remainder to be paid at 3 months after project start or prior to website upload, whichever occurs first. If you are responsible for withholding information for completion, the Website is then deemed payable in full. All prices exclude GST (15%). In the case of non-payment of invoices, you are liable for all collection costs, including any actual solicitor’s fees or debt collection agency fees until the debt is paid in full.
Payment of website hosting/domain & email subscription renewals will be invoiced 1 month prior to expiry date for a minimum term of 12 months. No refunds for early cancellation will be made.
Please note: if the final invoice isn’t paid within 30 days, a 5% “delayed payment” fee is charged. 5% figure is then added upon each recurring 30 day period until the full amount is received.
Monsoon Creative provides maintenance services for its clients; however any maintenance or updates are outside the scope of the design project. When updates are required, Monsoon Creative will provide time and materials based quotes for this work. If a Website development agreement has been signed then clauses relating to support services will be applicable.
7. VALIDITY OF THE AGREEMENT
Either party may terminate the agreement on 7 working days’ written notice to the other party.
Monsoon Creative reserves the right to cease immediately without liability to provide the service and to terminate this agreement if you should go into liquidation or bankruptcy, or if you fail to meet any obligation in accordance with this agreement.
If at any point during the Website Development Cycle a client wishes to cancel, they may do so but will be invoiced an amount that Monsoon Creative judges to be proportional to the amount of work completed on the project.
If the total amount of work completed equals less than the 30% deposit paid by the client, Monsoon Creative will refund the portion of payment not used. If the total amount of work completed is more than the first 30% invoiced, Monsoon Creative has the right to invoice the extra hours completed.
Monsoon Creative stands by their products and strives to provide 100% working sites and code to you. If a “bug” is found within a website, after completion and final payment is made, it is up to you to inform Monsoon Creative within 30 days of project sign-off and it will be fixed at no additional cost. Should a “bug” or defect be found after 30 days from project sign-off, any support provided by Monsoon Creative will be charged at normal support rates.
Monsoon Creative will not accept liability for any loss or damage however caused which may be suffered or incurred or which may arise directly or indirectly with a provided service.
9. APPLICABLE LAW
The Consumer Guarantees Act 1993 may apply to any services we provide to you if you acquire these services for personal, domestic or household use. If this act applies, all rights you may have under it apply in addition to the rights you may have in this agreement. Nothing in this agreement will limit or exclude your rights under this act.
Where you acquire or hold yourself out as acquiring our services for the purpose of a business, then you agree that the provisions of the Consumers Guarantee Act 1993 will not apply to our service or the provision of any other services to you.
This agreement shall be deemed to be an agreement made in New Zealand and shall be subject to, governed by and interpreted in accordance with the laws of New Zealand.