Agreement: The client’s approval for work to commence shall be deemed a contractual agreement between ‘the Client’ and ‘Bay of Plenty Web Design’ (herein referred to as BOPWD). IMPORTANT: Approval for the work to commence and payment of the first advance fee indicates that the Client accepts the terms and conditions outlined in this document.

BOPWD Intellectual Copyright: BOPWD will hold intellectual copyright of any material, including any source code, compiled code and original images created for the client until payment of the final invoice. At this time we will transfer this intellectual copyright to the client. BOPWD retains ownership of the source code.

Clients responsibility with regard to copyright: In the situation where the client provides images, text, animations or any other content for their website, the Client is legally responsible for ensuring that this material does not infringe any copyright. Certain images provided by BOPWD in the construction of the website may have been purchased under license from stock image suppliers. These images are generally only licensed for use on a single website and may not be used in publicity material. The website owner is legally responsible for ensuring that this does not happen. If you wish to use any images from the site for other purposes please contact us for clarification.

Search Engine Promotion: The order in which websites are ranked in the natural search results is controlled by the search engines. While we optimise your site for this we are unable to make any guarantees about the success of any search engine activity.

Cancellation: Should the client wish to cancel at any point during the process they shall remain liable for the work that has taken place and shall be invoiced accordingly.

Timeliness: We are a small business. To remain efficient we must ensure that work we have scheduled is carried out within the set time-frame. On occasions we may have to reject other work and enquiries to ensure that your work is completed at the time arranged. This is why we ask that you provide all the required information in advance. On any occasion where we cannot progress your website because you have not provided the required information when you have agreed to do so, and we are delayed as a result, we reserve the right to impose a surcharge for the inconvenience. If your job requires Search Engine Optimisation we need the text content for your site in advance, so that the SEO can be planned and completed efficiently. ALL TEXT NEEDS TO BE PLAIN WITH NO FORMATTING.
If you agree to provide us with the required information and subsequently fail to do so within FOUR weeks of the project commencement we reserve the right to close the project and the balance remaining becomes payable immediately.
(DO NOT GIVE US THE GO-AHEAD UNTIL YOU ARE READY TO DO SO).

Text content: Needs to be delivered as a Microsoft word or similar plain text document. Each page needs to be clearly saved as the same name for the corresponding web page. Contact us if you need clarification or help with this.

Quotes: The price quoted to the client is for the work agreed on the quotation only. Should the client decide that changes are required before the work on the website commences, then we will accept these changes with the provision that additional charges may need to be negotiated.

Advance payment: An advance of 20% of the total cost of the project is required before work can commence. This advance is NON-REFUNDABLE. The remaining 80% is due on completion of project or before the site goes live, whichever happens first. Other arrangements can be made on a case by case basis. Please just let us know if there are any foreseeable problems.

Future support: The project is provided to and accepted by the client as a fully functioning, completed project. Once the initial project has been deployed, we provide a 30 day warranty on all work we have done where by any problems with the work we have done as part of the original brief are resolved at no charge. After the warranty period has passed we typically enter a support arrangement which allows us to deal with the small number of tweaks our clients typically want to have made to their site after it has been launched.

Client interaction with source code: If the website is not designed to be a CMS (Content Management System), the client’s interaction with the actual code via FTP or similar shall be outside of any guarantees of the work done. An hourly rate will be charged to fix any issues arising from clients ‘breaking’ codes. In other words: DO NOT TOUCH THE CODE!

Compliance with e-commerce, accessibility or other regulations: We develop projects in accordance with the client’s specifications. It is the client’s responsibility to ensure that the website and it’s content comply with standing regulations. We cannot accept responsibility for any failure to comply with regulations related to accessibility, selling online or those related to a specific business or trade. We can research this on a clients behalf upon request, but in any business where complex compliance issues exist we recommend that the client takes legal advice from their company lawyer.

Security: We recommend routine software updates regularly to ensure the security and smooth running of your site. We can negotiate a monthly package depending on the types of updates required. Please ask about this.