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) is an award-winning, 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 four core pillars of business, including creative, development and marketing, to produce award-winning digital solutions for our clients. The fourth, and by no means any less important, is the ongoing support we provide for all our clients. That's what we're most proud of.
Our standard hourly rate is $175 per hour plus GST, or as provided in your Proposal.
Other rates may apply by mutual agreement.
These Terms and Conditions are subject to change without notice and may be superseded as described in clause 43.g.
We may modify these Terms and Conditions, notifying through a general 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.
Our normal practice is to charge you for our time spent on the Discovery Stage at our hourly rate and this is whether or not you proceed to further stages in the Project.
In this agreement:
Additional Costs means all additional costs for a Project over and above the Fees or other costs specified in the Purchase Order, Proposal or other document addressing costs or Fees for the relevant Project.
Approval Item is defined in clause 9(a).
Bug means a defect or error in the operation of the software or failure of the software to comply with the Specifications.
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:
Client Content is defined in clause 6(a)
Client Testing means testing of software by the Client to ensure the software meets the Specifications.
Confidential Information of a party:
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 and any increase in Fees pursuant to a Variation Notice; 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, trademarks, 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 the rights referred to in section 94 of the Copyright Act 1994, 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.
Variation means changes to the Proposal and/or Specifications or any unplanned delays or additional project time due to unforeseen reasons beyond our reasonable control, as described in clause 7 and elsewhere in this agreement.
Variation Notice means the written notification regarding the Variations and the increase in Fees associated with the Variations as described in clause 7 and elsewhere in this agreement.
Warranty is any fix required to be supplied by The Web Co as outlined in clause 20. The Web Co will at its sole discretion determine the extent of warranty labour to be used in regards to a Warranty.
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.
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 tick the “I accept” box and not use the services of The Web Company NZ Limited