Standard Terms and Conditions
The following terms are used frequently within the rest of the quote, so they are being defined here.
“CLIENT” means the person or company requesting the quote.
“Parties” means CLIENT and WINSTAR NZ Limited, collectively.
2. RESPONSIBILITIES OF CLIENT
CLIENT will provide WINSTAR NZ Limited with all text, graphics, photo’s, designs, logo’s, trademarks, service marks,
artwork or videos for the website at CLIENTS expense.
CLIENT guarantees that any elements of text, graphics, photos, designs, logos, trademarks,service marks, artwork, or
video that it provides to the WINSTAR NZ Limited for inclusion in the website are either owned by CLIENT, or that the
CLIENT has permission from the owner to use them on the website
Additionally, CLIENT will not include within the website any functionality that is protected by a copyright to which the
CLIENT has no license or permission to use. If the CLIENT, either intentionally or inadvertently, violates these
guarantees, the CLIENT agrees to indemnify (pay for) any resulting damages to WINSTAR NZ Limited based on a
claim from the owner, including solicitors fees
When using e-commerce, the CLIENT is responsible for creating and maintaining all products and prices.
WINSTAR NZ limited will not be held liable for any costs incurred due to incorrect product listings
3. RESPONSIBILITIES OF WINSTAR NZ Limited
Basic SEO: This involves adding basic keywords and metadata to pages. WINSTAR is not responsible for where your website is
listed in online searches e.g. GOOGLE, BING.
4. MODIFICATIONS TO WEBSITE DEVELOPMENT PROPOSAL
The Parties understand that sometimes circumstances change after an agreement is entered into that may affect the
scope of work or the cost of performing the agreement. The Parties agree to the following procedures in this event.
Any significant modification to the scope of work to be performed by WINSTAR NZ Limited must be agreed to by any
both parties in writing (email confirmation is acceptable), including
corresponding change in costs to be paid by CLIENT. For example, if CLIENT requests that the
Website also be developed to include e-commerce, the Parties must agree to add this functionality to the Website
Specifications and agree to the additional amount that CLIENT will pay to add this additional work.
The website will be hosted at CLIENT’s expense, unless stated otherwise. The domain name(s) that
will be connected to this website are URLs that the CLIENT has already registered,
or WINSTAR NZ Limited will register, new domain names at CLIENT’s expense. The client is responsible for checking
that the domain name requested is available. If the domain name is not available at the time the contract commences
then a new domain name must be chosen. WINSTAR NZ Limited has no control over the availability of domain names.
The CLIENT may transfer the website to another web host at the client’s cost.
The CLIENT will not copy or redistribute any of the plugins used. Any costs incurred by violating the licensing
agreements of third party plugins will be payable by the client.
Online payment processing is provided via a third party and is the CLIENT’s responsibility to agree contracts with
an online payment processing company. All setup and ongoing costs for online payments are payable by the CLIENT.
The tools used to edit and maintain the website will not be distributed. The tools can be provided for an additional cost.
6. Security and Viruses
WINSTAR NZ Limited will take reasonable precautions to prevent hacking or viruses by installing the non premium
version of the WordFence Plugin (https://www.wordfence.com) and accepts no liability for the consequences of a
successful hacking attack or virus.
7. Payments to Winstar
Development of the website will commence once the upfront payment is received. The monthly charges will start on the day that website goes live or if there are delays from the client providing images/content that prevents the website going live within 3 months then the monthly invoice will commence.
The date of the month the payment is made can be changed with prior agreement from WINSTAR NZ.
A minimum term of 12 months payments applied.
If a monthly payment is not received without prior agreement with WINSTAR NZ Limited then this will result in the website being removed.
If ECommerce is included in the quote, then failure to pay monthly ECommerce fee will result in customers being unable
to purchase items from the store.
WINSTAR NZ Limited may increase prices after the 12 months term and the client will be notified 60 days in advance of any price changes.
After the 12 Months Term, the contact monthly.
WINSTAR NZ Limited Reserves the right to use screenshot images of the website developed in any future marketing materials, unless the CLIENT has specifically requested in writing otherwise.
9. Contract Period and Cancellation
There is a minimum 12 month period of monthly charges. After this the charges can be cancelled with 60 days notice, starting after the tenth monthly payment, excluding those with online stores.
The website will no longer be visible after 30 days of receiving the last payment.
For those with online stores, it is a rolling 12 month contract that will automatically renew annually on the date of the first monthly invoice. Winstar must be given 60 day notice of cancellation before the annual renewal date.
The CLIENT may transfer the domain to another web host at the client’s cost.
Published to Website 10/1/2017
Revision 1. 28-09-17
7. Payments changed to 7. Payments to Winstar