Our Services Terms & Conditions
Computer Craft Limited (trading as 'Computer Craft') will endeavour to operate in a fair and reasonable manner at all times and it is part of our ethos to ensure we maintain a great relationship with our clients. It is, however, important to have certain contractual aspects agreed in order to protect both parties.
In the absence of a specific contract for our services, you agree that these terms and conditions will apply.
Relationship of the Parties
The parties intend that an independent contractor relationship will be created by this contract, and that no partnership, joint venture or employee/employer relationship is intended or implied.
The Service Process
- Computer Craft cannot always guarantee to start work immediately on a project or service requested by you. Computer Craft will arrange a date with you as to when work can commence.
- The project or service will be run according to Computer Craft's project process. This process will be provided to you in the early stages of commencement of the project or service provided.
- At Computer Craft discretion, we will provide you with an Invoice for Services rendered. The payment terms will be "due now". Computer Craft may suspend work on the project or service if the Invoice becomes overdue.
- If during the project or service process you request additional or changed functionality/content from the deliverables outlined in the specification or proposal, then Computer Craft will charge you extra for that addition or change.
- Where applicable you will comply with our web and database hosting terms and conditions.
In the case of where our services include providing a deliverable:
- You will conduct the acceptance tests on the deliverables within 2 weeks of installation to ensure the product performs in accordance with the proposal. If a deliverable does not pass the acceptance test, we will correct the failure. You will then repeat the acceptance test. Such processes shall continue until the relevant deliverable passes the acceptance test.
- If during the acceptance testing you request additional or changed functionality/content from the deliverables outlined in the specification or proposal, then Computer Craft will charge you extra for that addition or change.
Copyright, Intellectual Property and Ownership
- You guarantee that all elements of text, images, artwork or other materials you provide and used in the construction of the deliverable, are either owned by you, or that you have permission to use them.
- The copyright for all material provided in a deliverable by Computer Craft, will remain the copyright of Computer Craft until such time as Computer Craft receives full payment, whereupon the copyright will transfer to you.
- The ownership for all material provided in a deliverable by Computer Craft, excluding software source code, will remain the ownership of Computer Craft until such time as Computer Craft receives full payment, whereupon the ownership will transfer to you.
- All software source code provided as a part of the deliverable will remain at all times the property of Computer Craft. You will be granted a single use, single site, source code license to the software source code. You may not sell or redistribute the software source code. You may not use the software source code in more than one installation. You will be given access to the source code and may take the code to another developer for purposes of maintaining or extending the system.
- You acknowledge that Computer Craft may accept work and assignments from other clients to develop solutions and deliverables which may contain the same or similar functionality to your deliverable, and that Computer Craft may for the other clients solution replicate and exploit all techniques, structures, designs and individual modules of the program source code used in the creation of your deliverable.
- Computer Craft reserve the right to display and link to your project as part of our portfolio and to write about it on websites, in magazine articles and in books.
All prices are quoted are exclusive of GST.
Payment is due upon receipt of invoice. All payments must be in New Zealand dollars and must be able to be withdrawn at a New Zealand bank. Accounts are in default if payment is not received within 30 days after date of invoice. If a subscriber’s cheque is returned by the bank as unredeemable, you will be deemed to be in default, and will be liable for a “returned cheque” charge of $25.00. Computer Craft reserves the right to change the rate by notifying you not less than 15 days in advance of the effective date of the change.
Accounts in Default
Accounts in default are subject to a late payment charge of $25 and an interest charge of 1.5% per month on the outstanding balance. If you default, you agree to pay Computer Craft for our time and effort, its reasonable expenses including solicitor and collection agency fees, incurred in enforcing its rights under these terms and conditions.
Accounts unpaid 30 days after date of invoice may have their service interrupted. Such interruption does not relieve you from the obligation to pay the amount outstanding.
Validity of the Agreement
- Either party may terminate the agreement on 30 working days' written notice to the other party.
- Computer Craft reserves the right to cease immediately without liability to provide the service and to terminate this agreement if you should go into receivership, liquidation or bankruptcy, or if you fail to meet any obligation in accordance with this agreement.
- If at any point during the term of service you wish to cancel, you may do so but will be invoiced an amount that Computer Craft judges to be proportional to the amount of work completed towards the service or deliverable.
Assignment and Delegation
- Computer Craft may assign or transfer our rights and responsibilities under this contract to another party.
- Computer Craft may also subcontract the performance of any of our responsibilities under this contract to another party.
- You may not assign or transfer any of your rights or responsibilities under this contract to anyone else without our prior written consent.
- You agree that Computer Craft will not be liable for any indirect or consequential damages, including but not limited to, loss of profits or for any claim made on the client by any other party, even though Computer Craft may have been notified of such damage or claims.
- Computer Craft shall not be liable to you for any loss or damage directly or indirectly arising out of or in connection with any delay in delivery of the goods or failure to perform its obligations under this agreement where such delay is caused directly or indirectly by an act of God, armed conflict, labour dispute, civil commotion, intervention of a government, inability to obtain labour, materials or manufacturing facilities, accidents, interruptions of, or delay in, transportation or any other cause beyond our control.
- You agree to defend, indemnify and hold us harmless from and against any and all claims, losses, liabilities and expenses (including attorneys’ fees) related to or arising out of the services provided by us to you under this agreement, including without limitation claims made by third parties (including your customers) related to any false advertising claims, liability claims for products or services sold by you, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided hereunder (including malfunction of Web site/Software or Internet), or for any content submitted by you for publication by us.
- If, despite the other provisions of this agreement, Computer Craft is found to be liable to you then its liability for any single event or series of related events is limited to the fees.
- Due to the public nature of the Internet, all material submitted by you for publication will be considered publicly accessible. Computer Craft does not screen in advance customer material submitted to Computer Craft for publication. Computer Craft publications of material submitted by you does not create any express or implied approval by Computer Craft of such material, nor does it indicate that such material complies with the terms of this agreement.
- The Consumer Guarantees Act 1993 may apply to any services we provide to you if you acquire these services for personal, domestic or household use. If this act applies, all rights you may have under it apply in addition to the rights you may have in this agreement. Nothing in this agreement will limit or exclude your rights under this act.
- Where you acquire or hold yourself out as acquiring our services for the purpose of a business, then you agree that the provisions of the Consumers Guarantee Act 1993 will not apply to our service or the provision of any other services to you.
- This agreement shall be deemed to be an agreement made in New Zealand and shall be subject to, governed by and interpreted in accordance with the laws of New Zealand.
Failure by either of us to enforce any right or obligation with respect to any matter arising in connection with this agreement shall not constitute a waiver as to that matter or any other matter either then or in the future. Any waiver of any right or obligation under this agreement shall only be of any force and effect if such waiver is in writing and is expressly stated to be a waiver of a specified right or obligation under this agreement.
Should any provision of this agreement be held to be illegal, invalid, or unenforceable by a court law, the legality, validity and enforceability of the remaining provisions of this agreement shall remain unaffected thereby unless otherwise stated.
Terms & Conditions Acceptance
These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Use of Computer Craft’s service constitutes acceptance of these Terms and Conditions.