Terms of service
Website Solutions NZ – Terms and Conditions
1. Introduction
Welcome to Website Solutions NZ. These Terms and Conditions ("T&Cs") govern your use of our website design, hosting, and Google Ad Campaign management services. By engaging our services, you agree to be bound by these T&Cs. If you do not agree with any part of these T&Cs, please refrain from using our services.
2. Services Provided
Website Solutions NZ offers website design, development, hosting, and Google Ad Campaign management services ("Services") in conjunction with third party services. The scope of Services will be agreed upon in writing before the commencement of any project. Any additional services or modifications to the initial agreement may incur additional fees.
3. Client Responsibilities
Provision of Content: The client agrees to provide any necessary materials, including text, images, and other content, required for the completion of the website. These materials must be provided in a timely manner and in the format requested by Website Solutions NZ.
Approvals and Feedback: The client agrees to provide prompt feedback and approvals at various stages of the project. Delays in providing feedback may result in project delays.
4. Payment Terms
Pricing: The cost of the Services will be as outlined on the websitesolutions.co.nz website. These prices will be discussed with the client in a separate proposal or invoice provided to the client before work begins.
Payment Schedule: Payments are due according to the schedule outlined in the proposal or invoice. In almost all cases, the initial payment must be received before the Service commences. Clients have the option of paying for Services on a recurring monthly or yearly period.
Late Payments: Payments not made within the agreed-upon timeframe may result in the suspension of services and additional late fees. Website Solutions NZ reserves the right to withhold delivery of the final website or any materials until full payment is received.
Refunds: If the client terminates the agreement after work has commenced, refunds will be issued only for any unspent portion of the client's pre-paid fees. No refunds will be issued for completed services or delivered projects. If there are any issues with the service, Website Solutions NZ will work with the client to resolve them according to the terms of the agreement. As Google Ad Campaigns involve third-party services, no refunds will be issued for the budget allocated to the campaigns once they have been initiated. However, Website Solutions NZ will refund any unspent management fees if the service is terminated before the agreed campaign period ends.
5. Intellectual Property
Ownership: The website and any content created specifically for the client remain the property of Website Solutions NZ and/or any third-party hosting services. Website Solutions NZ retains the right to use the website and content for promotional purposes.
Third-Party Materials: Any third-party materials (e.g., stock images, plugins) used in the website are subject to the licenses of their respective owners. Images and materials supplied by the client remain the property of the client.
6. Google Ad Campaign Management
Service Description: Website Solutions NZ provides Google Ad Campaign management services, including the creation, management, and optimization of ad campaigns on behalf of the client.
Budget and Spend: The client is responsible for setting and funding the budget for Google Ad Campaigns. Website Solutions NZ will manage the campaign within the specified budget but is not responsible for any overspend due to changes requested by the client or other factors outside our control. Website Solutions NZ will invoice the client for 110% of the ad spend in any given period, to cover the ad spend plus a running fee.
Performance: While Website Solutions NZ will make every effort to optimize and manage the Google Ad Campaign effectively, we do not guarantee specific results such as click-through rates, conversion rates, or ROI. The client acknowledges that ad performance can vary due to numerous factors, including market conditions and competition.
Account Access: In most cases, Website Solutions NZ will create a new Google account for this campaign management. If the client wishes, they may grant Website Solutions NZ access to their Google Ads account for campaign management on the client's behalf. The client retains ownership of their Google Ads account and can revoke access at any time.
Reporting: If this option is purchased, Website Solutions NZ will provide regular reports on campaign performance at a price as agreed upon with the client. The frequency and format of these reports will be determined during the setup of the campaign.
7. Hosting Services
Third-Party Hosting: Website Solutions NZ utilizes third-party hosting providers to host client websites. While we will manage the hosting setup, the client agrees that Website Solutions NZ is not liable for any issues arising from the hosting provider, including downtime, data loss, or security breaches.
Renewal and Maintenance: Hosting services are typically billed monthly. While Website Solutions NZ handles the hosting management, the client is responsible for ensuring timely payments to Website Solutions NZ to avoid service interruptions.
8. Limitation of Liability
Website Solutions NZ is not liable for any direct, indirect, incidental, or consequential damages arising from the use of our Services. This includes, but is not limited to, loss of data, loss of profits, or interruption of business. Our liability in any case will not exceed the amount paid by the client for the specific service in question.
9. Termination
By the Client: The client may terminate the agreement at any time by providing written notice. Any work completed up to the point of termination will be invoiced accordingly, and the client agrees to pay for all completed work.
By Website Solutions NZ: We reserve the right to terminate the agreement if the client fails to comply with these T&Cs or engages in any unlawful activity. In such cases, any unpaid work will be invoiced and payable immediately.
10. Dispute Resolution
In the event of a dispute, both parties agree to attempt to resolve the matter through good-faith negotiation. If a resolution cannot be reached, the dispute will be referred to mediation in New Zealand. Any unresolved disputes will be subject to the jurisdiction of the New Zealand courts.
11. Privacy and Data Protection
Website Solutions NZ is committed to respecting and protecting your privacy. We collect and use your personal information solely for the purpose of providing our services to you. Your information will be kept confidential and will not be shared with third parties without your consent, except as required by law or necessary to provide our services.
12. Amendments
Website Solutions NZ reserves the right to update or modify these T&Cs at any time. Clients will be notified of any significant changes, and continued use of our Services after such changes indicates acceptance of the new terms.
13. Governing Law
These T&Cs are governed by and construed in accordance with the laws of New Zealand. Any legal actions arising from these T&Cs will be brought exclusively in the courts of New Zealand.