Terms of Trade with NetValue Limited
1. Planning & Client's Instructions
Proposals, estimates and specifications shall be deemed to interpret the client's instructions. Clients are advised to exercise due care and attention when checking these documents before work begins.
Proposals shall lapse unless accepted within 30 days from the day given, unless otherwise stated.
Work will be developed to meet the requirements of the latest version of a specification or estimate that has been signed off by the client.
Once the project has commenced any requests for changes and revisions will be in writing and signed off by both parties. NV reserves the right to review and / or alter pricing in the event of changed client requirements.
NV agrees to ensure full consultation with the client throughout the development process.
2. Suitability & Performance
No guarantee shall be given or implied that the goods or services supplied to the client's instructions or designed by NV to those instructions are suitable for specific market requirements unless those are documented and / or from part of the original Proposal.
The performance of a website with respect to search rankings, visitors, enquiries, purchases, etc., will be optimised to the extent outlined in the proposal only.
NV does not guarantee the performance of any website. NV shall not be responsible for factors outside of reasonable control such as competition, service or product demand, etc. consequently NV shall not be responsible for the performance of a business, based on a website’s performance.
A deposit payment (usually 30%) is required on sign-off acceptance and prior to project commencement, followed by milestone payments until completion and launch of the work. Payments for deposit invoices are due immediately; all other invoices are due the 20th of the month following. All invoices are sent by email. The client bears the responsibility to regularly check their email.
If the account is not paid within 30 days, the website service may be suspended. If a website is suspended a reconnection fee of $150+GST will apply, and must be paid upfront along with all outstanding amounts prior to the website being reconnected.
5. Project inactivity & suspension
NV requires brand assets, content, functional specification, design feedback and final launch feedback in a timely manner to be able to deliver the project on time. If work is held awaiting client instructions for longer than 14 days NV reserves the right to remove the project from the development schedule and invoice a progress payment for work done to date and materials used in that work.
The project will become “inactive” with no further work being performed.Any previously established timeframes become void. It is the responsibility of the client to contact NV regarding project resumption. Rescheduling may result in a significant delay depending on development work load at the time of request to resume.
NV reserves the right to review the quotation and timeframes for the uncompleted portion of the contract if work is suspended for more than 30 days.
6. Project cancellation
NV reserves the right to cancel a project that has been in an “inactive” state for more than 30 days. The resumption of a cancelled project may be subject to a new proposal and subsequent rescheduling fees of $300+GST.
The suspension, cancellation or termination of any work or project at the client's request will entitle NV to full payment for all work and/or services in progress at the time of suspension and for any work already completed that has payment outstanding.
7. Intellectual Property (IP)
MyCMS is a proprietary product developed and owned by NV. The ongoing MyCMS hosting costs include a license granting the client use of the MyCMS system for the purposes of the project commissioned. A website built with MyCMS must be hosted on a NV controlled server.
Any 3rd party code or services utilised in a project will remain the property of those 3rd parties. Ongoing license fees may apply.
Ownership of all work commissioned and developed specifically for a project, not relating to proprietary or 3rd party systems, is transferred to the client on payment of final accounts. NV reserves the right to re-use any code developed for a project.
NV reserves the right to create visuals and/or present examples of any part of a project for the purposes of advertising our services unless: the information or feature is commercially sensitive; there is a clear conflict of interest for any party; or the client requests otherwise.
The websites created by NV are built to support technologies for browsers and computer settings that were current at the time of development. We cannot control future developments on the Internet and as such accept no responsibility if the level or type of technology changes.
9. Warranty of work
All new websites or requested changes to existing websites come with a 30 day warranty, for the benefit of the customer only, which covers the standard of work carried out by NV and as signed off by the client during the building of the website. During this period the client has the opportunity to notify NV of any errors or ommissions they believe are a result of the work carried out by NV. If NV have failed to carry out the work in a professional manner, to the defined scope and within Industry Standards we will use all reasonable efforts to resolve the error within an agreed timeframe.
This warranty is provided to cover possible errors or omissions in the documented service to be provided, including the following:
- Correction of inaccurate or incomplete web content entered by NV, unless supplied by the client.
- Insertion of any missing content (text, photos or videos) – that was agreed to be entered by NV.
- Correction of site styling which differs from the original graphical sign off document.
- Correction of inoperative functionality/workflow.
- Repairs to broken web links – as long as the original links have not changed.
Work that is exempt from the warranty includes:
- Anything not included in the documented original scope of work.
- Resolution to problems created by any external hosting or service provider.
- Resolution to problems created by the use of unsupported Web Browsers, including older unsupported versions of common Web Browsers.
Any work or support that is exempt from warranty, additional work (new requests), work performed after the warranty period will be charged at NV standard rate.
NV disclaims any and all promises, representations, and guarantees, except those identified in this warranty clause with respect to the services supplied. NV makes no additional warranties, express or implied or statutory. The Customer accepts all provided services “as is”.
NV shall not be liable for any indirect of consequential loss or for the loss to a client arising from third party claims occasioned by errors in carrying out the work or by delay in delivery or by failure in equipment.
11. Removal of Material from Server
NV reserves the right at all times to remove without notice client's material from its server if NV deems material on the client's website to be of an illegal and/or libelous nature.
NV reserves the right at all times to remove without notice client's material from its server for failure to pay fees owed in accordance with NV payment terms.
Last updated: 30 January 2014