Terms of Trade
| 1 | General |
| 1.1 | These terms of trade are standard for all customers of Website Elves Limited. Please read these carefully as all users of our services will be bound by these terms, which may be modified from time to time without prior notice. Any amendments to our terms of trade will be published to our website. |
| 1.2 | Definitions "We", "Our" & "Us" refers to Website Elves Ltd. "Customer" means the person, firm, company or entity purchasing goods or services from Website Elves Limited; "Property" means the sum of the services supplied. "Services" refers to means all services provided by Website Elves Limited to the Customer or at the Customer's request. |
| 2 | Terms and Conditions Paramount |
| 2.1 | Except as expressly agreed in writing these terms of trade shall apply to and govern all dealings between Us and the Customer notwithstanding any statement to the contrary in any order or other document of the Customer. |
| 3 | Price |
| 3.1 | Prices listed on our website and in any of our documents are exclusive of GST and are in NZ dollars, unless specified otherwise. |
| 4 | Acceptance |
| 4.1 | All requests for website design are subject to Our acceptance. Once agreed to, the Website Design Acceptance Form, in the form set out on our website must be signed by both parties prior to work commencing. |
| 5 | Confidentiality |
| 5.1 | Please refer to Our privacy policy as set out on Our website. |
| 6 | Provision of Services |
| 6.1 | We undertake to provide services with reasonable care and skill and to use all reasonable efforts to ensure the reliability of services at all times. |
| 6.2 | Website Hosting |
| (a) As website hosting is provided by a 3rd party, We will not be responsible for down time or delays. In the unlikely event of this occurring, We will contact the hosting company immediately and will use our best endeavours to liaise with both parties until the issue is resolved. | |
| 7 | Payment of Services |
| Payment for Services shall be as follows: | |
| 7.1 | Website Design : The customer shall pay a 50% deposit to Us immediately upon signing the Website Design Acceptance Form, and the balance payable seven days after invoice, being the date the website is completed, prior to being published. |
| 7.2 | Website Hosting : Monthly or Annually by agreement between us and the Customer. Annual hosting will be invoiced at the commencement of the initial term and then one month prior to each renewal date. |
| 7.3 | All other services : payment within 7 days of the invoice date. |
| 7.4 | Time for payment shall be of the essence. In the event that payment is not received by the due date default interest may be charged by us at a rate equivalent to 5% per month and calculated on a daily basis on all moneys outstanding for the period during which the payment has been overdue until all moneys including default interest have been paid in full. All payments received applied first in payment of default interest (if any). |
| 7.5 | Without prejudice to our rights under these terms of trade, including the right to suspend or cancel services in the event of non payment, In the event of suspension of an account due to late payment and subsequent reactivation a late payment fee of $25 exclusive of GST will be charged to cover the reactivation of the service. |
| 7.6 | We may at our discretion apply any payments we receive from the Customer in and towards the satisfaction of any indebtedness of the Customer to us and we shall not be bound by any conditions or qualifications that the Customer may make in relation to any payment. |
| 7.7 | Default |
| (a) If the Customer fails to pay any amount owed to Us by the due date, then without prejudice to any of our other rights, remedies and powers we may (notwithstanding that we may have waived any previous default by the Customer) cancel any contract and/or suspend provision of services to the Customer. | |
| (b) The Customer will upon demand pay to Us all costs, charges and expenses (including, but not only, collection commissions and legal costs on a solicitor and own client basis) incurred by Us in collecting or taking action to collect any amount owed by the Customer and in connection with the exercise, enforcement or preservation of any of Our rights, powers or interests. | |
| 8 | Ownership of Services |
| 8.1 | Copyright and ownership of websites and domains remain the property of Website Elves Limited until such time as they are paid for in full. |
| 8.2 | It is agreed that Website Elves Ltd shall not be required to transfer use of the domain name until such time as all amounts owing to Website Elves Ltd are paid in full. |
| 8.3 | The Customer must not change its name without first notifying us of the new name not less then seven days before the change takes effect. |
| 9 | Liability |
| 9.1 | We shall in no way be liable to the customer for any damages, including consequential losses, loss in profits, resulting from or related to any failure or delay to provide services under this Agreement. Such delays or failures may include Acts of God, strikes, labour disputes, riots, civil commotion, intervention of a government, inability to obtain labour, materials or manufacturing facilities, computer hardware or software failure, data corruption, fire, inclement weather, accidents, terrorism, sickness, theft or vandalism, interruptions of, or delay in, transportation, or any other causes beyond our control. |
| 9.2 | Nothing in these terms and conditions shall affect the rights of the Customer under the Consumer Guarantees Act 1993 provided that if the Customer is, or holds itself out to be, acquiring the goods for the purposes of a business then the guarantees under the Consumer Guarantees Act 1993 are excluded. |
| 9.3 | We are not liable for the protection or privacy of electronic mail or other information transferred through the Internet or any other network provider. |
| 9.4 | We are not liable for any updates of your website if you are not under the maintenance contract. |
| 9.5 | It is the responsibility of the Customer to satisfy itself as to the condition, quality, suitability and fitness of services for any particular purpose and no representation, warranty or undertaking in relation to the goods or services has been or is made or given by or on Our behalf. We shall have no liability in respect of any defect arising from misuse, wilful damage, negligence, failure to follow instructions, unauthorised alteration or modification, abnormal working conditions or fair wear and tear. |
| 9.6 | All services provided by Us are provided in good faith on the basis of the information provided by the Customer. Where We are requested by the Customer to provide casual advice in conjunction with services then we shall have no liability whatsoever in relation to any such advice given and the Customer shall rely solely on its own judgment in connection with all such matters. |
| 9.7 | We shall have no liability arising from, and may correct at any time, any typographical, clerical or other error or omission in any sales literature, price list, quotation, invoice, communication or other document or information issued by it. |
| 10 | Termination |
| 10.1 | We require one month notification in writing of termination of Website Hosting. No refunds will be given on prepaid hosting fees. |
| 11 | Jurisdiction |
| 11.1 | The law of New Zealand applies to this agreement |
