(Please fill out some quick details at the bottom of this page and click "I Accept" to agree to our Terms & Conditions)
Founded in 2004, The Web Company NZ Limited (herein referred to as The Web Co) agency that is an award winning front-line-full-service digital agency. If it's on a screen, we probably made it, pitched for it, or thought of it first.
We combine the three core pillars of the business, creative, development and marketing to produce award-winning digital solutions for our clients.
And that's what we're most proud of.
These are the Terms and Conditions on which The Web Co will carry out work for you. They will apply each time that you ask us to do work for you or carry out a Project. They set out our Services and what you can expect from us. Please read them carefully. It is a condition of your use of our Services that you comply with these Terms and Conditions.
Our various Schedule of Fees are available below or as provided in your Proposal.
These Terms and Conditions are subject to change without notice and may be superseded.
We may modify these Terms and Conditions by general notice on a page of our website, by email or by any other method of communication.
For most Projects we prefer to adopt a staged approach for planning and implementation purposes.
In this agreement:
Additional Costs means all additional costs that we are permitted to charge you under this agreement.
Approval Item is defined in clause 9(a).
New Zealand Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Claim means a demand, action or proceeding of any nature whether actual or threatened.
Client, you or your means, in relation to any work that we do for you:
Consumer Guarantee means a consumer guarantee applicable to this agreement under the New Zealand Consumer Law, (including any ‘express warranty’ within the meaning of section 2(1) of the New Zealand Consumer Law).
Content Management System (CMS) means the content management system described in clause 16(c).
Digital Marketing Services means Services as described in clauses 11, 25, 26, 27, 28 and 29.
The Web Co, we or us means The Web Co, being;
The Web Company NZ Ltd
P.O Box 84-145
Fees means, in respect of a Project:
(a) the Fees payable to us for the Project as set out in a Purchase Order or Proposal; or
(b) if no Fees are specified, Fees for all work we do in the course of the Project calculated in accordance with clause 37.
GST means a goods and services tax or similar tax levied in New Zealand.
Insolvent in relation to a party, means that:
(a) the party has ceased or taken steps to cease to conduct its business in the normal manner;
(b) the party has entered into or resolved to enter into any arrangement, composition or compromise with or assignment for the benefit of its creditors or any class of them;
(c) the party is unable to pay its debts when they are due;
(d) a liquidator or provisional liquidator is appointed to the party, or a receiver, receiver and manager, official manager, trustee or similar official is appointed over any of the party’s assets or undertakings;
(e) an application or order is made or a resolution is passed for the winding up of the party; or
(f) an event similar to one in paragraphs (a) to (e) occurs in respect of the party in any non-New Zealand jurisdiction.
Intellectual Property Rights means all industrial and intellectual property rights anywhere in the world, including:
(a) copyright, patents, trade marks, plant breeder’s rights, rights in circuit layouts, registered designs and any right to have confidential information kept confidential; and
(b) any application or right to apply for registration of any of the rights referred to in (a).
(a) any liability, cost, expense, loss, personal injury (including illness), death or damage; and
(b) in relation to a Claim, Loss includes amounts payable on the Claim and (whether or not the Claim is successful), legal costs and disbursements on a full indemnity basis.
Moral Rights are defined in section 189 of the Copyright Act 1968 (Cth), and includes any similar rights in any jurisdiction outside New Zealand.
Project means, in relation to any work that we do for you:
(a) the Project described in a Purchase Order;
(b) if there is no Purchase Order, the project described in a Proposal;
(c) if there is no Proposal, then the project described in the Specifications; or
(d) if there are no Specifications, then the work that you have asked us to do.
Project Intellectual Property means designs, artwork, software and materials provided to you in the course of the Project, and any other Intellectual Property Rights created in the course of the Project, but does not include:
(a) the Content Management System (except to the extent that we have modified it);
(b) the Website Tools (except to the extent that we have modified them); or
(c) Client Content.
Purchase Order means a document issued (in writing or electronically) by us to you that sets out:
(a) the Services that we will provided to you;
(b) the estimated times within which those Services will be provided; and
(c) the Fees payable to us for those Services.
Proposal means a Proposal or an estimate that we provide to you in respect of any work that you have asked us to do.
Schedule of Fees means the rates and packages attached to this document, and any replacement of that professional services schedule released from time to time.
Services means the Services that we provide to you in the course of the Project, as described in clause 4.
Specifications means specifications for the work that you have asked us to do, and that you provide to us before or at the commencement of the Project, or as developed during the discovery and/or creative stages.
Support & Maintenance Packages means the packages provided to supply paid maintenance and support services to assist in the management, maintenance, training for, and repair of a The Web Co supplied/built/maintained Project as described in clause 21.
Third Party Software means software as described in clause 18.
Title Guarantee means a guarantee pursuant to any of sections 51, 52 or 53 of the New Zealand Consumer Law.
Variation means changes to the Proposal, Specifications as described in clause 7 and elsewhere in this agreement.
Variation Notice means is the written notification regarding the costs associated with Variations as described in cluse 7 and elsewhere in this agreement.
Warranty is any fix required to be supplied by The Web Co as outlined in clause 20. The determination of warranty labour is at The Web Co discretion.
Website means the website that we develop for you in accordance with clause 14.
Website Tools means the tools, applications or packages set out in clause 16.
TWC reserves the right to make changes to these terms at any time. Terms and Conditions are effective upon the date the first invoice is paid.
By ticking the “I accept” box, you agree to, and will be bound by, the terms and conditions. If you do not agree to the terms and conditions, you must not use the services of The Web Company NZ Limited