Terms of Service Contract
You (“Client”) agree to retain Holly Horwood of Wana Web Design (“Service Provider”) to proceed with branding and/or design services for a design intensive, packaged under VIP Design Days and agree to the terms and conditions as set forth in this Contract.
During this VIP Design Days intensive, Service Provider agrees to devote up to 7 hours on assignments to be determined by Client, as well as 1 hour for a pre-intensive strategy call, 1 hour for post-intensive minor “fix” support and 30 days of post-intensive email support. The website must be reviewed by Client and any changes must be requested within 24 hours of the intensive.
Work will be performed at the offices of Service Provider, but occasionally may take place at other locations, as required. Work priority and scheduling will be at the discretion of Client. Work will normally occur between the hours of 9:00 am – 5:00 pm (NZ time) on weekdays with one 1 hour break.
During the 30 days of post-intensive support, the Client will be able to email Service Provider with any questions or concerns about the work that was performed during the intensive and will receive a reply via email, message or video tutorials as soon as Service Provider is able to respond. This support does not cover additional design or website work that exceeds what was done during the intensive. If the Client has additional work that needs to be performed, Client will have the option to book another day or half-day intensive. A monthly maintenance care package may also be available for purchase.
All prep-work must be complete and all requested content must be provided using a private portal at least 72 hours prior to the VIP Design Day start time. If the content is not provided by the required time the intensive will be cancelled and there will be no refund.
Payment for these services will be to Service Provider at the rate of $1875 and will be due at the time of booking this appointment. Client may choose to alternatively pay a 50% deposit and pay the balance 48 hours prior to the appointment date.
This purchase is non-refundable, but may be transferred to another date or service with 7-days prior written notice. The Client’s deposit is valid for 60 days, and must be used within that timeframe. In the event the intensive fails to occur within 60 days, or the Client fails to request a new date at least 7-days prior to their booked appointment, the deposit will be forfeited, and the intensive will be terminated. If the Client wishes to reschedule beyond 60 days, the original deposit may, at the Service Providers discretion, be applied to a new booking at the current intensive rate, which may or may not be higher than the original booking rate.
When you book your VIP Design Days, you’re booking the Service Providers time, not a set of deliverables. There is no guarantee that everything will get completed during your VIP intensive.
Design services in addition to the intensive will be made available by Service Provider at the current daily or half-date rate and will be billed separately with payment due upon receipt. Any expenses exclusive of normal overhead are not included in this agreement and will be billed separately. Examples of such expenses are; stock images, premium font licenses, and 3rd party application services.
When it comes to website design there are a huge range of different browser and computer/phone combinations in the world. The aim is to build a site that is compatible and looks great on the majority but will never be able to test every combination of browser and device.
You are responsible for procuring and managing your own quality hosting and security for your website. Any issues with the website’s hosting or security will need to be handled with the appropriate parties. Service Provider will help assist, when possible, to troubleshoot any potential issues but Service Provider is not liable for problems or errors with the project or website due to reasons related to hosting, security, plugin or backup failure. Excessive time spent by Service Provider handling errors of the host may be subject to an additional hourly fee even if using a website maintenance care package.
Don’t expect your website to appear at the top of Google on day one. Service Provider will set your site up to be seen by Google but appearing in search results always takes time. If you want additional Search Engine Optimisation above and beyond the basic plan please let Service Provider know and Service Provider will look in to a professional SEO service for you.
It is the responsibility of The Client to inform the Service Provider if they require their website to be accessible as per the WCAG guidelines. The Service Provider will do their best to ensure the website meets the minimum requirements in New Zealand as per the WCAG guidelines at time of the build. After launch the Service Provider will not be held liable if the website should no longer meet the minimum requirements.. If the client requires additional accessibility design work over and above the minimum New Zealand recommended guides, this will be charged as an additional service.
Agreement Confidentiality + Non-Exclusivity
None of the agreement, terms, fees or details of the project may be discussed with any other company or party. No specific details of the proposal or agreement are to be discussed outside members of Wana Web Design.
Pricing, terms and details are personal and custom-made for the Client and are non-transferable. Only a change in primary contact of Wana Web Design will be considered.
This agreement is considered non-exclusive and does not prevent the Service Provider from working with other clients before, during or after the project, no matter the field of expertise or profession.
Service Provider shall not be liable for failure to perform, loss of data, or security breach, if the failure is due to force majeure events, including fire, flood, earthquake, storm, hurricane, natural disaster, pandemic, war, civil war, invasion, an act of foreign enemies, hostilities, rebellion, terrorist activity, government sanction, change of law, strike, lockout, industrial action, embargo, sabotage, cyber-attack, cyber-hacking, interruption or failure of electricity service, internet services or other communication service, interruption or failure of transport networks or other public utilities, or failures of third party service providers.
The results of any and all work performed by Service Provider for Client, including original creative work, will remain the property of the Client. Client may use this material in any way deemed appropriate.
Client understands that any written statements, images, audio recordings or video recordings of Client while participating in the intensive and made on behalf of the Service Provider may be used in connection with publicising and promoting the Service Provider. Client authorises the Service Provider to use their name, brief biographical information, and written or recorded statements.
But where’s all the horrible small print?
Neither party can transfer this contract to anyone else without the other’s permission.
We both agree that we’ll adhere to all relevant laws and regulations in relation to our activities under this contract and not cause the other to breach any relevant laws or regulations.
These terms stay in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.
Although the language is simple, the intentions are serious and this contract is a legal document under the exclusive jurisdiction of New Zealand Courts.