BLUE SPIDER | TERMS AND CONDITIONS OF TRADE
The Client requests BLUE SPIDER (“the Provider”) to set-up and hosts their website and/or email accounts for the Client in accordance with the directions of their verbal, written or email communication. The Client agrees to make the monthly payment for hosting and observe the terms and conditions of this agreement.
1. Set-up
The Provider will set-up the website for the client in accordance with the package requirements as set out on the BLUE SPIDER website pricing page. Options, pricing, nature and terms of options may vary from time to time at the sole discretion of the provider.
a. The website design will be signed off by the client before the website is published (live on the web).
b. For those packages that require content and product information to be added to the site:
2. Payment Terms
50% deposit of the base package or quoted work including GST is required before any work is undertaken and this payment is non-refundable. The balance and any Bolt-Ons and Extras will be invoiced upon completion and payment is expected in full before the site is published.
3. Information Provided
The Client indemnifies the Provider from all liability whatsoever arising from the information supplied to the Provider by the Client and incorporated in the design and content of the website.
The Provider will use such information as provided by the Client only for the purpose of this agreement and for no other purpose.
4. Limitation of Liability
The Provider shall exercise all reasonable care and skill in designing the format and layout of the website but accepts no responsibility for any loss suffered by the Client arising from the services provided under this agreement.
5. Domain Name
The Client shall observe the requirements of their local Domain Name registration authority in the maintenance of the website name and the website activity.
6. Intellectual Property
The intellectual property in the website, excluding the under laying BLUE SPIDER platform, is the property of the Client.
7. Hosting Fee
The Client shall pay the Provider the Hosting Fee each month via automatic payment to the Provider's bank account. The Client understands that invoices and statements are only available online and will not be supplied in paper format unless specifically requested and then an extra fee will be applied for this service.
8. Default and Consequences
Non payment or late payment of accounts will incur a 10% administration fee, 2.5% interest, compounding monthly. All legal fees and/or collection costs incurred will be on-charged to the Client.
9. Agreement Commencement and Termination
This agreement commences on the date of initial package payment by the Client. The payment of the first monthly Hosting fee is due one (1) month from the date of this agreement. Any setup charges must be paid in advance of the work being undertaken. The client is responsible for creating and providing the Provider with all the necessary information and content to enable the Provider to complete their obligation in relation to the package purchased. The agreement may be terminated by the Client by giving one month’s prior written notice to the provider.
The provider may from time to time make adjustments and alterations to the server that may cause the client’s site to be offline for a period without prior written notice. The provider will also not be held accountable for temporary or long term closure of the client’s website due to unforeseen circumstances be they the direct or indirect fault of the provider.
If the client is displaying illegal or objectionable material on their website that has not been previously given written permission from the provider then the provider may close the site until such material is removed. If the client continues to display illegal or objectionable material on their site the provider may close the site down and terminate the contract without prior written notice. On termination the Provider will consent to the Client moving the content and graphics related to the website provided the Client first pays their account in full and any associated moving costs.
If the client fails to pay hosting fees or other fees owed to the provider, then the provider may close the site down and/or terminate the agreement without prior written notice and charge for any costs associated with the collection of any overdue amount.
On termination by the Client, the Client may move the content and graphics related to the website, but recognize that they have no right to the intellectual property of BLUE SPIDER.
10. Ancillary Services
From time to time the provider may introduce other ancillary services for the benefit of the Client at a price and on terms and conditions to be agreed by the provider and the Client. The terms and conditions of this agreement shall apply also to the supply of those ancillary services and if there is any conflict, then the terms and conditions as agreed by the parties for those services shall prevail.
11. Renewal Fees
The Client will be required to pay the annual renewal fee of the Client’s domain name and/or email accounts in addition to the Provider’s administration cost for processing the renewal fee.
12. Platform Upgrades
All upgrades to the BLUE SPIDER platform and plug-ins are provided free-of-charge - however, Bolt -Ons and Extras must be purchased separately.
13. The law of New Zealand shall apply to this agreement.
14. All prices are in New Zealand dollars and exclude GST.
The Client requests BLUE SPIDER (“the Provider”) to set-up and hosts their website and/or email accounts for the Client in accordance with the directions of their verbal, written or email communication. The Client agrees to make the monthly payment for hosting and observe the terms and conditions of this agreement.
1. Set-up
The Provider will set-up the website for the client in accordance with the package requirements as set out on the BLUE SPIDER website pricing page. Options, pricing, nature and terms of options may vary from time to time at the sole discretion of the provider.
a. The website design will be signed off by the client before the website is published (live on the web).
b. For those packages that require content and product information to be added to the site:
- All information must be supplied in suitable electronic format.
- If the Client does not have content, images or product information in a suitable electronic format and requires the Provider to modify or create this material, the Client will be charged for this service in accordance with the Provider's standard hourly charge-out rate.
- Content must be provided within one month of the sign-up date. Any content provided after this time requiring to be added to the site will be charged for at the standard hourly charge-out rate.
2. Payment Terms
50% deposit of the base package or quoted work including GST is required before any work is undertaken and this payment is non-refundable. The balance and any Bolt-Ons and Extras will be invoiced upon completion and payment is expected in full before the site is published.
3. Information Provided
The Client indemnifies the Provider from all liability whatsoever arising from the information supplied to the Provider by the Client and incorporated in the design and content of the website.
The Provider will use such information as provided by the Client only for the purpose of this agreement and for no other purpose.
4. Limitation of Liability
The Provider shall exercise all reasonable care and skill in designing the format and layout of the website but accepts no responsibility for any loss suffered by the Client arising from the services provided under this agreement.
5. Domain Name
The Client shall observe the requirements of their local Domain Name registration authority in the maintenance of the website name and the website activity.
6. Intellectual Property
The intellectual property in the website, excluding the under laying BLUE SPIDER platform, is the property of the Client.
7. Hosting Fee
The Client shall pay the Provider the Hosting Fee each month via automatic payment to the Provider's bank account. The Client understands that invoices and statements are only available online and will not be supplied in paper format unless specifically requested and then an extra fee will be applied for this service.
8. Default and Consequences
Non payment or late payment of accounts will incur a 10% administration fee, 2.5% interest, compounding monthly. All legal fees and/or collection costs incurred will be on-charged to the Client.
9. Agreement Commencement and Termination
This agreement commences on the date of initial package payment by the Client. The payment of the first monthly Hosting fee is due one (1) month from the date of this agreement. Any setup charges must be paid in advance of the work being undertaken. The client is responsible for creating and providing the Provider with all the necessary information and content to enable the Provider to complete their obligation in relation to the package purchased. The agreement may be terminated by the Client by giving one month’s prior written notice to the provider.
The provider may from time to time make adjustments and alterations to the server that may cause the client’s site to be offline for a period without prior written notice. The provider will also not be held accountable for temporary or long term closure of the client’s website due to unforeseen circumstances be they the direct or indirect fault of the provider.
If the client is displaying illegal or objectionable material on their website that has not been previously given written permission from the provider then the provider may close the site until such material is removed. If the client continues to display illegal or objectionable material on their site the provider may close the site down and terminate the contract without prior written notice. On termination the Provider will consent to the Client moving the content and graphics related to the website provided the Client first pays their account in full and any associated moving costs.
If the client fails to pay hosting fees or other fees owed to the provider, then the provider may close the site down and/or terminate the agreement without prior written notice and charge for any costs associated with the collection of any overdue amount.
On termination by the Client, the Client may move the content and graphics related to the website, but recognize that they have no right to the intellectual property of BLUE SPIDER.
10. Ancillary Services
From time to time the provider may introduce other ancillary services for the benefit of the Client at a price and on terms and conditions to be agreed by the provider and the Client. The terms and conditions of this agreement shall apply also to the supply of those ancillary services and if there is any conflict, then the terms and conditions as agreed by the parties for those services shall prevail.
11. Renewal Fees
The Client will be required to pay the annual renewal fee of the Client’s domain name and/or email accounts in addition to the Provider’s administration cost for processing the renewal fee.
12. Platform Upgrades
All upgrades to the BLUE SPIDER platform and plug-ins are provided free-of-charge - however, Bolt -Ons and Extras must be purchased separately.
13. The law of New Zealand shall apply to this agreement.
14. All prices are in New Zealand dollars and exclude GST.