Terms and Conditions

Terms and Conditions

 

Front Page Digital | Terms and Conditions of Services

 

  1. Section 1: Placing an Order:
    • By placing any order with Front Page Digital Limited, you are confirming that you are in agreement with and bound by all of the terms and conditions as set forth below.
    • A signed contract is not required, any correspondence given to Front Page Digital Limited requesting to have work carried out (whether written or verbal) will be seen as placing an order and therefore is seen as acceptance of these Terms & Conditions and is seen as a legal binding contract.
    • No Physical signature is required and all correspondence to Frontpage Digital Limited requesting work be completed is seen as a digital signature.
    • It is assumed that every person placing an order has read these Terms & Conditions, understood them and also agreed to them.

 

  1. Section 2: Definitions in the Terms and Conditions:
    • The Client – The company and/or individual that is requesting the services of Front Page Digital Limited.
    • Front Page Digital Limited – Also referred to as the “company” (NZBN: 9429037421465, Company Number: 1004227). Includes the primary designer, employees, affiliates, directors, Shareholders, contractors and all persons working under Front Page Digital Limited.

 

  1. Conditions:
    • The client has not produced any duplicate pages, content, doorway pages or redirects.
    • The client has not undertaken any spamming techniques or exchanged links with link farms which may act to arm the websites ranking on Google searches of any other search engines.
    • The client understands that if they make any changes to the optimised pages which Front Page Digital Limited has worked on, or does not implement the changes that have been advised by Front Page Digital Limited, the rankings may not progress at the rate intended.
    • Front Page Digital Limited adheres to a strict ethical SEO policy and requires that the client not participate in actions which are considered undesirable by the various search engine. If the client is unsure whether an action is undesirable they should seek clarification from Front Page Digital Limited prior to initiating in said action.

 

  1. General:
    • Front Page Digital Limited will carry out work only where an agreement is provided.
    • This agreement can be communicated by email, verbally, telephone, or mail.
    • Front Page Digital Limited will only carry out work for clients who are 18 years of age or above, except with express written permission of a parent/legal guardian who also agrees to act as guarantor for the individual who is under 18 years of age.
    • An ‘order’ is deemed to be a written or verbal contract between Front Page Digital Limited and the client. An order includes telephone and email agreements between Front Page Digital Limited and the Client.
    • Front Page Digital Limited is unable to give a guarantee for any specific results on any Search Engine. Through accepting these terms, the client acknowledges that they understand this.
    • All Prices quoted are exclusive of GST.

 

  1. Database Application and e-Commerce Development:
    • Front Page Digital Limited cannot be liable for any potential losses incurred by the use of any software sold to or recommended to the client. Front Page Digital Limited will take every reasonable care to ensure that all products are free of problems and accurate. The ultimate responsibility remains with the client to ensure that all software is functioning correctly before use.
    • Any cgi applications, scripts, or software written by Front Page Digital Limited remains the copyright of Front Page Digital Limited and cannot be commercially reproduced or sold without the express written permission of Front Page Digital Limited.
    • It is the responsibility of the client to fully test any programs or applications relating to sites developed by Front Page Digital Limited before they are made available for use. If issues/errors are found after the site is live, Front Page Digital Limited will endeavour (but is not obligated to if the site is already made live) to correct said issues to ensure the site matches the standards of function outlined in the brief.

 

  1. Website Design and Optimisation
    • Front Page Digital Limited ensures that they will take all reasonable steps to ensure that the website and/or any scripts are free from any errors. Front Page Digital Limited cannot accept any responsibility for any potential losses that may be incurred due to the malfunction of the website and/or any part of it.
    • Any websites, programing code and graphics will remain the property of Front Page Digital Limited until the time that all outstanding amounts due are paid in full.
    • Any Scripts, pho scripts, software of cgi applications written or provided by Front Page Digital Limited remain the copyright of Front Page Digital Limited. Unless specifically agreed the client will not commercially reproduce or sell these without the express written permission of Front Page Digital Limited.
    • It is the sole responsibility of the client to ensure that any content provided to Front Page Digital Limited by the client is not in breach of any copyrights. Front Page Digital Limited cannot take any responsibility for any copyright infringements that have been caused by any material submitted by the client to Front Page Digital Limited.
    • Front Page Digital Limited reserves the right to refuse any material that is of a copyrighted nature if the client cannot provide adequate proof that permission has been given to use such material.
    • Any additions to the initial brief will be carried out after agreement from the client and may result in an additional charge. Any additional charges will be discussed with the client prior to the additions to the brief being carried out.
    • The client agrees to, as soon as reasonably possible, make available to Front Page Digital Limited any and all materials required to complete the website to the agreed upon standard and within the agreed upon deadline.
    • Once a design stage for a website is ready for client approval, the client has up to 5 business days (7 standard days) to edit, comment, approve or disapprove the design stage. If Front Page Digital Limited receives no communication within the aforementioned time frame, Front Page Digital Limited is to take the lack of communication as acceptance and approval of the design stage. After this time, the website will be approved for development.
    • Any changes to the website design after the website has been moved to the development will be considered a new stage of development. Front Page Digital Limited reserves the right to charge this stage separately and agrees that any additional charges will be discussed with the client before the new development stage is commenced.
    • If the materials mentioned in paragraph 5.7 are not made available within 10 business days from the time they were requested by Front Page Digital Limited (or by the date agreed upon by Front Page Digital Limited and the client), the full payment due for the next stage will still be required at the originally stipulated time (unless conditions have specifically been arraigned between Front Page Digital Limited and the client).
    • Front Page Digital Limited cannot be liable for any costs incurred, loss of earnings or desired compensation that may arise due to the clients failure to meet their deadlines.
    • Front Page Digital Limited will take all reasonable steps to ensure that the website is completed by the discussed time, however, such a deadline cannot be 100% guaranteed. Front Page Digital Limited confirms that if a delay in completion is expected they will let the client know as soon as reasonably possible.
    • Front Page Digital Limited cannot be liable (nor will it become involved) in any disputes that may arise between the client (site-owner) and their clients. Front Page Digital Limited cannot be liable for any wrongdoings of the client (site owner)
    • Front Page Digital Limited cannot be liable for any costs incurred, loss of earnings or desired compensation that arises due to work the client, anyone acting on behalf of the client or any of the client’s appointed agents carry out on the client’s website.
    • Front Page Digital Limited cannot be liable for any costs incurred, loss of earnings or desired compensation that may arise due to the unavailability of the website, its software, servers or material provided by its agents.
    • Once the client’s website is completed the final balance of payment is due in accordance with the payment terms set out in 11 of this document. This is final. Non-payment may result in legal action to obtain payment.

 

  1. Website Hosting:
    • Whilst Front Page Digital Limited may be able to host the client’s website, or recommend several companies to host your website, Front Page Digital Limited cannot provide guarantees as to the availability/interruption of this service by Front Page Digital Limited, also Front Page Digital Limited cannot be liable for losses caused by said unavailability, interruption or malfunction of this service.
    • A minimum of one month’s notice shall be given if a client wishes to cancel website hosting, this must be given in writing via email. Front Page Digital Limited will not action any cancellations until we have received email confirmation. The one month’s notice period will commence from the start of the clients next billing month.
    • The client will be required to pay any relevant charges for transferring websites off the Front Page Digital Limited services. These charges are to cover the time required to download and back up websites and databases. The rate at which this will be charged is $140 + GST per hour. All fees will be required before the website is released.
    • Website hosting is not refundable. Once an order has been placed by the client and accepted by Front Page Digital Limited, the client will be responsible for the full payment of any and all fees related to the websites hosting service. If for any reason, the client cancels the website hosting service (apart from a consequence of the company’s gross negligence in hosting their website/s), all fees for the remainder are due immediately, all prepaid fees shall also be forfeited.
    • Front Page Digital Limited has the right to refuse to host material which we determine may be determined to be offensive, illegal or controversial. Front Page Digital Limited may also terminate hosting if such material is included by the client.
    • If the client does not pay for the service provided by Front Page Digital Limited the website will be put into a quarantine maintenance mode until payment is received in full. If after a period of 3 weeks payment has still not been received Front Page Digital Limited reserves the right to sell, delete, or use the website created for any purpose it sees fit.

 

  1. Disclaimers and Limitations on Liability:
    • Front Page Digital Limited cannot be liable for URLs excluded or dropped by any search engine for any reason.
    • Front Page Digital Limited cannot be liable for any delays or failures in performance that result from the internet service providers delivery problems/failures, or any communication or delivery problems that are associated with the client’s receipt of the account service data.
    • Front Page Digital Limited cannot be liable for any causes or acts beyond their control. These include but are not limited to: Acts of God, lockouts, strikes, equipment or communications line failures, earthquakes, power failures or other disasters.
    • Front Page Digital Limited do not represent/warrant that client’s URLs will achieve a favorable position, or any position, within a particular search engine.
    • Front Page Digital Limited does not represent or warrant that the use of the results or the materials available through the Front Page Digital Limited or from third parties will be accurate, correct, timely or otherwise.
    • The client agrees that the use of the Front Page Digital Limited services provided is at your sole risk. Front Page Digital Limited expressly disclaims any and all warranties, expressed or implied, including, without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement.
    • Front Page Digital Limited will take every reasonable precaution against disclosure of information however due to certain conditions existing on the internet generally, which are outside the control of Front Page Digital Limited, Front Page Digital Limited cannot guarantee all account service date will be free from corruption or piracy.
    • The client expressly waives any claim against Front Page Digital Limited that may arise out of the loss of data through piracy, corruption, breach of security or any other reason, that is not based on intentional or gross negligence on the part of Front Page Digital Limited.
    • To the extent allowed by New Zealand law, Front Page Digital Limited, shall not be liable for any indirect, direct, incidental, special or consequential damages (regardless of how they arose, including negligence) or for any interrupted communications, lost profits or loss of data, arising out of/in connection with the Services provided. Further, Front Page Digital Limited will not have any liability for any potential losses arising because the Front Page Digital Limited Services are not operational or accessible. This section does in no way limit liability for bodily injury of a person.

 

  1. Compatibility:
    • Front Page Digital Limited will work to ensure that any and all optimised/designed sites or applications will function correctly on the server it is initially installed in. However, Front Page Digital Limited cannot guarantee correct function with all browser software.

 

  1. Cancellation and Refunds:
    • Once the client has placed an order with Front Page Digital Limited and the order has been accepted by Front Page Digital Limited, the client will be fully responsible for all fees that are related to the service/campaign/product provided. These fees will be discussed with the client prior to the order being accepted and any fees that may arise from additional services will be communicated to the client prior to the additional services being commenced. It is up to the client whether they want to use the additional services and acceptance of the additional services confirms acceptance of the communicated costs.
    • If, for any reason, the client wishes to cancel the service/campaign/product provided to them by Front Page Digital Limited (except as a consequence of the companies breach of this agreement), an amount equalling 70% of the fees for the remainder of the scheduled service/campaign/product shall be immediately due and payable, the client also forfeits any and all pre-paid fees.
    • Front Page Digital Limited will keep back-up copies of the adverts, graphic designs, pages, website(s), website development, custom features and anything that Front Page Digital Limited has been contracted by the client to provide for a maximum of 2 weeks. After this 2 weeks period, it is not up to Front Page Digital Limited to provide any copies of any part of the project undertaken by the client.
    • If after cancellation the client wishes to re-install, a complete rebuild of the project will be required. This will be at the cost of the client. The pricing at the time of re-install will be the pricing structure applied.

 

  1. Payment of Accounts:
    • For SEO and AdWords (Pay Per Click) payment for the month is due prior to the work commencing for that month.
    • If you opt to pay via credit card, your card will be charged at the start of your billing month. If, for any reason, the payment via credit card fails, Front Page Digital Limited will contact you requesting you look into the reason for this. The client may then provide a new Credit card, or request that the payment be processed again on the next business day. If the payment fails the second time the client will be liable for a $50.00 + GST credit card decline fee which will billed in the following billing period.
    • If you opt to pay via Bank transfer (invoice) you will receive your invoice 7 days before it is due. Payment must be made within these 7 days. Failure to make payment within the payment terms may result in a late payment fee equal to 8% + GST of the total bill. This will be billed in the next billing period.
    • Front Page Digital Limited reserves the right to put any and all work being completed for the client on hold until payment is received in full. The client confirms that they understand this may delay the progress of the work.
    • For Websites, payment must be made upfront, unless otherwise agreed upon (in writing).
    • All products and services provided by Front Page Digital Limited are the sole property of Front Page Digital Limited until payment is received in full.
    • If payments are not made in full by the due date, Front Page Digital Limited reserves the right to deny access to the website. Front Page Digital Limited will make every reasonable effort to retrieve the amount owing then the account will be passed onto our debt collectors or solicitors for recovery. If costs are incurred in relation to debt collection, or legal costs these will be added to the clients account. The client is liable for any and all costs associated with debt collection.
    • If Front Page Digital Limited has purchased a domain name(s) for and on behalf of the client, this shall remain the property of Front Page Digital Limited until payment is received in full.
    • All outstanding invoices will be liable to receive a late payment fee as described above. The account will be charged at a rate of 3% interest each month the payment is still outstanding.

 

  1. Client Account Closure
    • Any and all costs associated with the closure of the clients account shall be paid in full by the client.
    • Written notice must be given 1 month prior to the end of the contract term should a client wish to not continue with the services provided by Front Page Digital Limited. If notice is not received within the time frame stipulated Front Page Digital Limited will assume the client wishes to continue their services. The Service period will roll over for a period equal to the most recent contract term.
    • Once an account is closed Front Page Digital Limited will provide the client with the copies of anything that Front Page Digital Limited has been contracted to provide within 10 business days after the final payment is received.
    • Front Page Digital Limited will only keep copies of anything the client has contracted Front Page Digital Limited to create for 10 business days (2 calendar weeks), after this time Front Page Digital Limited is no longer required to sore said copies. It is the responsibility of the client to request copies of the works within this period.

 

  1. Front Page Digital Limited Complaints Procedure:
    • Any individual/company who experiences any issue with any of the services provided by Front Page Digital Limited should address the matter in question directly with their dedicated account manager (details of the clients account manager will be provided in the welcome email, any changes to account managers will be communicated to the client via email).
    • Front Page Digital Limited, working with the client will identify the individual responsible for the issue in question and Front Page Digital Limited will work to facilitate a resolution to the complaint.

Please keep a copy of this document for your records.