E: info@absolutemedia.co.nz | P: 022 0765 966

Definitions

In these conditions unless the context otherwise requires:

  1. We, Us, Our refers to Absolute Media
  2. Buyer, The Client, You, Your refers to The Client
  3. Services mean the services being purchased by the Buyer from Us
  4. Project, Job refers to the contracted project undertaken by Absolute Media

Quotation

The Buyer may request a quotation from Absolute Media setting out the price and quantity of the goods to be supplied. If the quotation is acceptable to the Buyer, the Buyer may place an order within an acceptable timeframe. Quotes remain valid for 30 days.

Acceptance

If any instruction is received by Us from the Buyer for the supply of products and/or services, it shall constitute acceptance of the terms and conditions contained herein. Upon acceptance of these terms and conditions by the Buyer, the terms and conditions are definitive and binding.

Terms and Conditions

Our Responsibilities

Absolute Media commits to:

  1. Provide the Buyer website design, development, website hosting, email services, graphic design, print and/or other services supplied by us that perform the tasks detailed under the agreed package.
  2. Perform all services and respond to all client queries in a professional, timely manner.
  3. Employ our best efforts to fix any functional issues once a website is built.

Your Responsibilities

To ensure all jobs are completed as quickly and professionally as possible, client communication is essential. As a client, you commit to:

  1. Promptly respond to our request for approval of design
  2. Promptly respond to our request for branding, logos, images, text and other information we require to complete the contracted job
  3. Ensure the supplied documents are in the formats required
  4. Be responsible for making us fully aware of the current project’s functional requirements before any work on the project commences

The client must ensure Absolute Media are fully aware of all project requirements, and that these requirements are listed under the purchased package functionality, or quoted as additional functionality. Absolute Media will not be obligated to undertake any additional functionality requests that are not listed in the project information. If any additional functionality is required after the project has commenced, they can be quoted on and agreed to before work on these aspects commence.

Website Design

  1. Your website may be based on a template. The template can be customised to suit your needs, any major changes to the template after the project has commenced may incur an additional charge.
  2. The design of your website may be changed up to three times. If any additional changes are required after this, these will be done at $80 per hour.
  3. Once the design has been approved by the client, any additional design changes will be done at $80 per hour.
  4. Designs can be approved verbally or in writing.
  5. Up to 6 web pages of content will be loaded into your website. If additional web pages need to be loaded in, this will be done at $80 per hour. Alternatively, the client may enter the content themselves if they have purchased a package which includes a Content Management System (training provided).
  6. Up to 65 images will be loaded into image galleries per website. Additional images will be added at $80 per hour.
  7. Product entry is not included in the price of the Ecommerce package. Any products to be entered into your Ecommerce website will be done at $80 per hour. Alternatively, the client may enter the products themselves (training provided).
  8. All images, graphics and content are to be supplied by the client at their expense. Some content may be provided by us at an additional quoted price.
  9. We ensure that your website will function correctly on the latest versions of the most popular browsers. Internet Explorer versions 6 and 7 are not supported. If required, your website can be modified to function on these web browsers at $80 per hour.
  10. Absolute Media takes no responsibility for any third party software’s functionality or compatibility that you wish to have integrated into your website. Integration of third party software can be done at $80 per hour.
  11. The background of the website will appear differently between computers, dependent on the screen resolution set.
  12. Colours and fonts differ between computers, dependent on the monitor, browser and whether the person viewing the site is on a mobile device.
  13. We may choose to feature your website in our portfolio.
  14. A discreet ‘website by Absolute Media’ will be displayed on the footer of your website unless requested otherwise.
  15. Absolute Media takes no responsibility for issues relating to copyright infringement based on text, images, or any other content supplied to us. 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, we will comply. Any costs related to copyright infringement will be absorbed by the client.
  16. After website completion, if the client or third party on the client’s behalf edits or updates the website, they do so assuming full responsibility for any issues which occur as a result of changing the code themselves. If the client or a third party on their behalf make changes to the website’s code, Absolute Media reserves the right to quote for work to repair the website.

Website Hosting

  1. Website hosting is charged in one month blocks.
  2. Payment will be made monthly directly into our bank account unless otherwise agreed.
  3. A fair use policy applies to disk space and bandwidth use. 1GB of disk space and 5GB of bandwidth per month is considered fair use for a website. Most websites use much less than these amounts. Additional charges may be incurred for clients with bandwidths or disk space larger than the fair use policy amounts.
  4. Up to 5GB of email storage per domain is included in our hosting plans. Any additional storage required will be charged for at $5.50 per GB.
  5. Absolute Media 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.

Website Maintenance

  1. You will receive 30 minutes of free maintenance per month when you host with us.
  2. Services Absolute Media can perform under free maintenance include:
    • Editing (inputting, removing, changing) text supplied by The Client on web pages.
    • Inputting or removing images supplied by the Client.
    • Creation or deletion of web pages (Excludes ‘Get online’ and ‘Starter’ packages).
    • Creation, deletion and password changes of email accounts.
    • Adding email forwarding.
    • Adding up to two new blog posts (if applicable) on behalf of client. (All content must be supplied).
    • Minor design changes (e.g. changing font size and/or colour).
    • Sending website statistic reports upon request.
  3. Services Absolute Media do not perform under free maintenance include, but are not limited to:
    • Major design or layout changes.
    • Integration of 3rd party applications.
  4. It is at the discretion of Absolute Media as to what services can and will be performed as part of the 30 minutes of free maintenance.
  5. Free maintenance minutes do not accrue and any unused time expires at the end of each month block.

Search Engine Optimisation

  1. Factors such as keyword competition and popularity can have a significant effect on your website’s page rankings. If Absolute Media does not suggest certain keywords, which are chosen to be optimised by the client, we take no responsibility for the effect this may have on your website’s page rankings.
  2. We perform Search Engine Optmisation (SEO) techniques to primarily get your website ranking higher on Google.
  3. While Absolute Media ensures that it will perform quality SEO techniques and best practices, we cannot guarantee that the website will become listed any higher on search engines.

Price

  1. All prices are quoted exclusive of GST
  2. The price shall be as indicated on invoices provided by Absolute Media to the Buyer in respect of products and/ or services supplied; or
  3. The price shall be the price of the Company’s current price at the date of delivery of any goods
  4. Time for payment for the products and/or services shall be of the essence and will be stated on the invoice, quotation, tender documents, work authorisation form or any other work commencement forms. If no time is stated then payment shall be due on delivery of any goods.
  5. The Buyer agrees that the cost price shall be determined by the Company, and shall take into consideration “one-off” costs such as design and production
  6. We reserves the right to implement a surcharge for alterations to specifications of products after the order has been placed

Payment, Late Payment, Default of Payment and Consequences of Default of Payment

  1. The method of payment will be made by cash, or by cheque, or by bank cheque, or by direct credit, or by any other method as agreed to between the Buyer and Absolute Media.
  2. Subject to any provision to the contrary in the Contract, payment shall be received on or before the 20th of the month following the date of the Company’s invoice to the Buyer, which shall be issued promptly on or after delivery of the goods.
  3. Late payment shall incur interest at the rate of 10% per annum calculated on a daily basis. This shall be payable on any monies outstanding under the Contract from the date payment was due until the date payment is received by Absolute Media, but without prejudice to our other rights or remedies in respect of the Buyer’s default in failing to make payment on the due date.
  4. Without prejudice to any other remedies Absolute Media may have, if at any time the Buyer is in breach of any obligation (including those relating to payment), Absolute Media may suspend or terminate the supply of Goods to the Buyer and any of its other obligations under the terms and conditions. Absolute Media will not be liable to the Buyer for any loss or damage the Buyer suffers because the Company exercised its rights under this clause.
  5. In the event that:
    1. any money payable to the Company becomes overdue, or in the Company’s opinion the Buyer will be unable to meet its payments as they fall due; or
    2. the Buyer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its creditors; or
    3. a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Buyer or any asset of the Buyer; then without prejudice to the Company’s other remedies at law
    4. the Company shall be entitled to cancel all or any part of any order of the Buyer that remains unperformed in addition to, and without prejudice to any other remedies; and all amounts owing to the Company shall, whether or not due for payment, immediately become payable.

Dispute Resolution

Absolute Media will endeavour to resolve any dispute between the Buyer and itself without the need for Court proceedings. Any such attempt is without legal prejudice.

Reservation of Title

Ownership and title of the goods remains with us until the purchased price and all other monies owing by the Buyer, under the contract or any other contract to us, have been paid in full.

Liability

Absolute Media shall not be liable for any loss of any kind whatsoever suffered by the Buyer as a result of any breach of any of our obligations under the contract, including any cancellation of the contract or any negligence on the part of Absolute Media, its servants, agents or contractors, nor shall Absolute Media be liable for any loss, damage or injury caused to the Buyer’s servants, agents, contractors, buyers, visitors, tenants, trespassers or other persons. The Buyer shall indemnify Absolute Media against any claim by any such person.

If you require any more information or have any questions about our terms and conditions, please feel free to contact us here.

Any changes to our terms and conditions will be updated on this page.

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