Terms and Conditions

  1. Definitions
    1. (The) Company: Web Vine Limited.
    2. (The) Client: The Other Party to this agreement.

 

  1. Work
    1. Work: Any Project, Task, Documentation for the Client. Including materials and services used in this process.
    2. Estimates
      1. An estimate may be given based on the approximate cost to perform the work as required. The final amount may vary due to difficult requirements, additional requirements or unknown requirements. The Company may choose to continue to completion of the work.
      2. Should it become apparent to the Company that the estimate is significantly inadequate, the Company will communicate with the Client the additional requirement to complete the Work. The Client may choose to cease the Work, but agrees to pay for Work completed or committed to the Work.
      3. The Company may forgo communication with the Client as to exceeding the estimate if the Client has expressed the need for the Work to be completed in a timely manor. The Client agrees to be liable for the additional requirement.
    3. Quotations
      1. A quotation may be given in writing to perform the work as required. The Company will complete the Work as stated within the quote for the value of the Quote.
      2. Variations to the Quote may be provide as separate quotes and accepted individually should it become apparent significant variation is required due to requirements that where unknown when the Quote was produced.
    4. On-Site Support
      1. The Client is liable for the safety and well-being of Company Staff and Sub-Contractors while on-site with the Client.
      2. The Client shall not hold the Company liable when the Client has fail to adequately express On-Site procedures, requirements and obligations of being On-Site.
      3. General On-Site invoicing policy, time is charged per hour, per Company staff member on-site.
    5. Off-Site Support
      1. General Off-Site invoicing policy, time is charged per hour.
    6. Commencement of Work
      1. Acceptance of the Quote/Estimate requires the following.
        • Acceptance for the work to be carried out.
        • Acceptance of these Terms and Conditions.
      2. The Company may require the following for Acceptance to be valid.
        • Legal name of the Client.
        • Address for Service.
        • Postal Address.
        • Designated Natural Person responsible for decisions.
        • Acceptance in writing, email or by action.
        • Payment of Deposit (if required).
        • Acceptance is completed in a timely manner.
        • Subject to Availability on Acceptance
    7. Time Estimates and Completion Dates
      1. All time frames are best estimates, based on information available at the time.
      2. The Client shall not hold the Company liable where Work has been delivered late, except where a separate agreement has been sign by both parties stipulating that there is an express agreement to deliver by a certain time.
      3. The Client shall not hold the Company liable for implied completion dates.
      4. The Client shall not hold the Company liable for late completion due to any of the following, the Client’s account is in arrears, late supply of materials by Client, delays by third parties, additional variation Quotes, circumstances outside the control of the Company.
    8. Deposit on Estimates and Quotes
      1. A Deposit may be required to commit the required Work or Service.
      2. A Deposit may be required to cover initial costs associated with beginning the Work or Service.
      3. Where a deposit has been paid, a refund may only be given at the discretion of the Company.
    9. Progress Payments
      1. When the Work being performed spans more then one month the Client agrees to be liable and to pay Invoices for Work in Progress.
      2. Work in Progress invoices are based on Work performed by the Company to the date of the invoice being issued and may not necessary reflect completed Work.
    10. Workmanship
      1. The Company where possible will complete all work to the best possible standard and free from defect.
      2. The Work shall be deemed complete on either the date of the last invoice or if prior to this date the Company/Client acknowledges completion.
    11. Defects
      1. Should a defect be found within 12 months of completion date the Company will correct the defect if possible. A defect may be excluded based on the below sections on exclusions, limitation of liability and voiding of this section.
      2. Defect Exclusions
        • Changes in technologies or Internet practice after the completion date. Including but not limited to, changing versions of software (.e.g. browsers, web-server software, databases).
        • Changing of the operational environment that the Work was performed for.
        • Changing of 3rd party components or services. (.e.g. payment gateways, data services)
        • Malicious or deviant behaviour to the Work, either by the Client or Third Parties.
        • Elements of design. This includes but is not limited to visual design, user interface, process flow.
      3. Limitation of Liability
        • The Client shall not hold the Company liable for the accuracy of calculations and in all cases the Client agrees to seek external advice to the accuracy of Calculations.
        • The Client shall not hold the Company liable should the Work become compromised, abused or misused.
        • The Client shall not hold the Company liable where the Client has provided materials, and the Company has had reliance on those materials. This includes but is not limited to Licensing of materials, Accuracy of Materials.
        • The Client shall not hold the Company liable where the Client has the accepted the Work to be accurate.
      4. Voiding
        • The Client shall not hold the Company liable for defects if the Work is altered by parties other then the Company.
        • The Client shall not hold the Company liable for defects if there are any unpaid invoices or overdue accounts.
    12. Cancellation of Work prior to Completion
      1. By the Client: Should the client wish to cancel the Work, prior to it’s completion. The client agrees to pay the portion of Work already completed plus resources committed to the Work plus 10%.
      2. By the Company: Should the Company be unable to complete the Work where the Client’s account is not in arrears, it will refer the unfinished portion to another entity as agreed on by the Client. The Company will also return any deposit paid by the Client.
    13. Completion
      1. When Work is substantially complete and is pending minor action from the client and where time has lapse for 1 month or greater, that work may be invoiced as complete. The Company to still bound to complete the work in full where no dispute arises for 12 months past the completion date.

 

  1. Services
    1. Services are ongoing and maybe renewed automatically by the Company.
    2. Services are ongoing and maybe cancelled by the Client prior to the automatic renew by the Company.
    3. Services are separate from Work.
    4. The Client accepts liability to notify the Company in the event the Client wishes to cancel a service. The service may be subject to minimum cancellation criteria.
    5. The Company reserves the right to terminate a Service should the Client have Overdue invoices or it becomes known to the Company that the Client will be unable to pay for a future Service at the time in which it will be due for payment. The Client shall not hold the Company liable should this occur.
    6. The Company reserves the right to terminate a Service should the Service become compromised, abused or misused. The Client shall not hold the Company liable should this occur.
    7. The Client shall not hold the Company liable should the Service become compromised, abused or misused.
    8. The Client shall not hold the Company liable in regards to a Service’s performance and up-time, unless the Client has written documentation as to the particulars of a minimum requirements of the Service.
      1. In the event of Breach, the Client agrees to pursue only for the Service cost in the month which breach occurs.
      2. The Client shall not hold the Company liable for costs they incur due to breach.

 

  1. Accounts
    1. Invoicing Policy
      1. The Client accepts to pay all invoices on or before the due date.
      2. In the event an invoice does not specify a due date for payment then the invoice is due for payment on the day the invoice is dated.
      3. If there are reasons held in dispute as to why the invoice will not be paid on time these must be made known in writing either before commencement of the Work under taken or before the invoice’s due date, which ever is the earlier.
    2. Discount
      1. A discount may be offered on an Invoice for early or prompt payment.
      2. Payment must be received by the prompt payment due date, else the remaining amount will still remain due.
      3. All other Invoices due before the Invoice that is to be prompt payment must be paid before the prompt payment due date for the discount to be applied. i.e. your account must be current.
    3. Overdue Payment: Default Penalty
      1. Should an invoice remain unpaid 2 months after the invoice date a default penalty may be added to your account. A default penalty may be added to your account for each month the invoice remains unpaid thereafter
      2. The Client agrees to be liable for and to pay default penalties.
      3. The default penalty rate is defined as: 2% of the Overdue invoice amount or a minimum of $12.50
      4. This is not a lending arrangement. This is not a credit contract.
    4. Collection of Overdue Invoices
      1. If payment has not been receive within 3 months of the invoice being issued, all work in progress will be invoiced and all unpaid invoices may be passed on to a debt collection agency, which may affect your credit rating.
      2. The Client agrees to pay all costs associated with collection of the outstanding Account.

 

  1. Privacy
    1. Promotion
      1. The Company at times may promote work performed as part of the Company portfolio, unless the Client expresses in writing that this may not be done.
      2. The Client shall not hold the Company liable for reasonable Promotional use.
      3. The Company agrees to use the Work for reasonable promotional use.

 

  1. Change to and Revisions of ‘Terms and Conditions’
    1. The Company reserves the right to modify this agreement should it become apparent that
      • grammatical corrections are required
      • rewording is require to make the document clearer and easier to understand
      • corrections are required to prevent the document breaching law
      • is required to do so by law
    2. The Company reserves the right to change, update, expand and alter Terms and Conditions.