TERMS OF SERVICE — WEBSCAPE, CHRISTCHURCH

1Introduction

These Terms of Service govern your use of the Webscape website and any services we provide. By using the site or engaging us, you agree to them.

Where a signed proposal or project agreement says something different, that document wins.

2Services

We provide web design, web development, e-commerce, web application development, SEO, accessibility and maintenance services. The scope, deliverables and timeline for your project are set out in a separate proposal.

3Quotes and proposals

Quotes are valid for 30 days from the date of issue unless we say otherwise. Prices are in New Zealand dollars and exclude GST unless stated.

Work outside the agreed scope is quoted separately before we start it. We will not do extra work and invoice you for it as a surprise.

4Payment

Payment terms are set out in your proposal. Usually a deposit is payable before work starts, with the balance due on completion or against an agreed schedule.

Invoices are due within 14 days. Overdue balances may attract interest at 2% per month.

5Timelines

We give estimated dates for milestones and we work to hit them. Delays do happen, most often when content, feedback or approvals take longer than planned on your side.

We are not liable for losses caused by delays outside our reasonable control.

6Your responsibilities

You agree to supply content, images, branding and feedback in reasonable time, and to make sure anything you give us does not infringe someone else's rights.

Approvals at each milestone keep the project moving. If feedback stalls for more than 30 days we may pause the project and invoice for work completed to that point.

7Intellectual property

On full payment, you own the final deliverables we created specifically for you, including custom design and custom code.

We keep the right to show the work in our portfolio and marketing unless we agree otherwise in writing.

Pre-existing tools, frameworks, third-party code and open-source libraries stay under their own licences. They are not transferred to you, though your right to use them as part of the delivered work continues.

8Hosting and third-party services

We may recommend or arrange hosting, domains, plugins or other third-party services. Those are supplied by third parties under their own terms, and we are not responsible for their failures or outages.

9Warranties and liability

We warrant that our work will be carried out with reasonable care and skill. We do not warrant that a website will be free of every error or never go down.

To the maximum extent the law allows, our total liability for any claim is limited to the fees you paid us for the work the claim relates to.

We are not liable for indirect or consequential loss, including lost profit, lost data or business interruption.

Nothing in these terms limits your rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 where those Acts apply to you. Where you engage us for business purposes, you agree the Consumer Guarantees Act does not apply.

10Termination

Either of us may end the agreement on 14 days written notice. If you end it, you pay for work completed to that date.

We may end it immediately if you materially breach these terms, including non-payment.

11Confidentiality

Both of us agree to keep the other's confidential information private, and to keep doing so after the project ends.

12Use of this website

Use this site lawfully. Do not attempt to damage, disable or overload it, scrape it at volume, or interfere with anyone else's use of it.

We may restrict access to the site at any time without notice.

13Disputes and governing law

These terms are governed by New Zealand law, and the New Zealand courts have jurisdiction.

Before starting formal proceedings, both of us agree to try to resolve the problem by talking about it in good faith.

14Changes to these terms

We may update these terms. The current version is always on this page, and the date at the top tells you when it last changed. Continuing to use the site or our services after a change means you accept it.

15Contact us

Questions about these terms go to hello@webscape.co.nz.