Terms of Service

Terms of Service

1. Acceptance of Terms

By accessing and using Web By Design (the "Site"), including any content, functionality, and services offered on or through the Site, you agree to comply with and be bound by these Terms of Use (the "Terms"). If you do not agree to these Terms, please do not use the Site.

2. Changes to Terms

We reserve the right to modify these Terms at any time. Any changes will be posted on this page, and your continued use of the Site constitutes acceptance of such changes.

3. Services Offered

Web By Design offers the following services:

• Web Design
• Logo & Brand Design
• Social Media Management
• Social Media Advertising

4. Use of the Site

You agree to use the Site and our services only for lawful purposes and in a way that does not infringe the rights of others or restrict or inhibit their use and enjoyment of the Site. Prohibited behaviour includes harassing or causing distress or inconvenience to Web By Design, any other user, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within the Site and its integrated services.

5. Intellectual Property

All content on the Site, including text, graphics, logos, images, and software, is the property of Web By Design or its content suppliers and is protected by intellectual property laws. You may not use, reproduce, distribute, or create derivative works from any content without our express written consent.

6. User-Generated Content

By submitting content to the Site (such as form submissions), you grant Web By Design a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, modify, and distribute such content. You represent and warrant that you own or have the necessary rights to submit such content and that it does not violate any laws or infringe the rights of any third party.

7. Service Terms

• Web Design: The client agrees to provide necessary materials and feedback in a timely manner to facilitate project completion. Delays in providing these materials may result in project delays.
• Logo & Brand Design: The client will have the opportunity to review designs and request revisions within the scope defined in the project agreement. Additional revisions may incur extra charges.
• Social Media Management: Web By Design will manage social media accounts based on the client's preferences and goals. The client agrees to provide access to social media accounts and any necessary materials.
• Social Media Advertising: Web By Design will create and manage advertising campaigns as per the client's specifications. The client is responsible for the advertising budget and must provide timely approval for campaigns.
• Term: The contractual agreement between the Client and the Web By Design (the "Service Provider") shall commence on the agreed date and continue until the Client terminates the contract, unless terminated earlier in accordance with the terms of this Agreement.
• Compensation: The Client agrees to pay the Service Provider per month upfront for the services. Payments shall be made in advance and are due 7 days after receipt of the invoice.
• Confidentiality: The Service Provider agrees to keep all Client information confidential and not to disclose any information without the Client’s written consent.
• Ownership of Work: All social media content and materials created for the Client by the Service Provider shall be the property of the Client. This clause only applies to content created for the Client where the Client has met their obligations including making timely payments.
• Termination: Either party may terminate this Agreement by providing 1 months written notice to the other party. In the event of termination, the Client shall pay the Service Provider for all services rendered up to the date of termination.
• Compliance: The Service Provider reserves the right to refuse to use any content or marketing material that violates the laws (including copy write laws) of New Zealand, The Service Providers internal marketing standards or is deemed inappropriate.
• Performance and Results: While we will use our expertise to achieve the best possible results, we do not guarantee specific outcomes from our social media marketing efforts.
• Governing Law: This Contract shall be governed by the laws of New Zealand and the parties irrevocably submit to the exclusive jurisdiction of the courts of New Zealand.
  If and to the extent any provision or part of a provision is illegal or unenforceable, such provision or part of a provision will be severed from this Contract and will not affect the continued operation of the remaining provisions of this Contract.
• Entire Agreement: This Contract sets out the entire agreement between the parties.

8. Payment Terms

Payment for services must be made in accordance with the terms specified in the project agreement. Late payments may result in service suspension or termination.

9. Disclaimers

The Site and services are provided "as is" and on an "as available" basis. Web By Design makes no representations or warranties of any kind, express or implied, regarding the operation of the Site or the information, content, or materials included on the Site. To the fullest extent permitted by law, Web By Design disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.

10. Limitation of Liability

Web By Design will not be liable for any damages of any kind arising from the use of the Site or our services, including but not limited to direct, indirect, incidental, punitive, and consequential damages.

11. Indemnification

You agree to indemnify and hold harmless Web By Design and its affiliates, officers, agents, and employees from any claim, demand, or damage, including reasonable attorneys' fees, arising out of your use of the Site or your violation of these Terms.

12. Governing Law

These Terms are governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in New Zealand for the resolution of any disputes arising out of or relating to these Terms or the Site.

13. Contact Information

If you have any questions about these Terms, please contact us at enquiries@webbydesign.co.nz.

14. Electronic Acceptance, Signing not required

It is not necessary for this Contract to be signed unless we insist on it. You are bound by these terms if you continue to act in a way that is consistent with the arrangement and discussions you have had with Web By Design in relation to the Quote and we have incurred time and expense in procuring materials or commenced any part of the Services or works for or if you have paid a Deposit.

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