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Terms and Conditions
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As amended 1st September 2008
1. General Terms
1.1 In this document Forest Design is referred to as 'Forest
Design' and its clients are referred to as 'the client'.
1.2 By ordering or using any of Forest Design's products or
services including a Forest Design Web Site the client is deemed
to have accepted these Terms and Conditions whether or not the
client has been provided with a copy.
1.3 Forest Design reserves the right to amend or vary any of
its Terms and Conditions at any time and without notice.
1.4 Additional Terms and Conditions may be applicable where
Forest Design supplies products and services on behalf of third
parties.
1.5 All quotes for products or services are valid for a maximum
of 30 days.
1.6 Forest Design reserves the right to vary prices published
in the standard price list without notice.
1.7 Forest Design reserves the right to increase prices for
currently provided products or services to a maximum of 10%
per year.
1.8 Technical support shall be provided for current hosting
and design clients where they have been included in the sale
agreement. Any specialist training that is provided by telephone
or on-site will be charged to the client at Forest Design's
current hourly rate.
1.9 Forest Design shall not be held liable for any loss of turnover,
sales, revenue, profits or indirect, consequential or special
loss or damage caused by the use misuse or any unavailability
of any of its products or services.
1.10 The client undertakes not to participate in any form of
un-solicited bulk e-mailing spam or any other similar unacceptable
activity associated with any products or services provided by
Forest Design.
1.11 The client undertakes that their web site is for acceptable
use but Forest Design reserves the right to suspend the web
site immediately and without notice in the event of a breach
or suspected breach by the client.
1.12 Forest Design does not accept any responsibility for the
effect that programs supplied by Forest Design or downloaded
from the Internet by the client upon the recommendation of Forest
Design may have on the computers of the client.
1.13 Forest Design personnel may configure the client’s
computer at the request of the client so that products and services
from Forest Design may be made available. Forest Design does
not accept any responsibility for the loss of any data or programs
as a result of such work.
2. Refunds
2.1 If one of Forest Design's annual support packages are purchased
the client is expected to commit for this period of time. If
the client cancels the account within the service period then
Forest Design will not make any refunds for any unused portions
of the package.
2.2 If the client does not wish to renew an account Forest Design
must be contacted 14 days before the renewal date stating that
the client wishes to cancel their virtual server account.
2.3 Hosting and support fees must be paid for in full and in
advance and no fees can be refunded once the order has been
placed.
2.4 Domain name registration fees are non-refundable once the
order has been placed.
3. Domain Names
3.1 Where Forest Design receives a request to register domain
names on behalf of the client, Forest Design does not guarantee
that any particular requested domain name will be available
until confirmation has been received from the naming authority.
3.2 In purchasing domain names on behalf of the client, Forest
Design are acting solely as the clients agent and accepts no
responsibility for the continuance or otherwise of that registered
domain name.
3.3 Forest Design provides no warranty that the domain name
requested by the client will not infringe the rights of any
third party and the client will indemnify Forest Design in respect
of any such infringements.
3.4 The client shall be responsible for all renewal fees relating
to any domain names purchased on their behalf by Forest Design,
whether charged direct by the naming authority or by Forest
Design.
3.5 By registering any other domain name (i.e. not a .nz Top
Level Domain) through Forest Design the client enters into a
contract of registration with the registration authority relevant
to that domain name and their terms and conditions will apply.
3.6 It is the responsibility of the client to ensure that registrant
details are kept updated. In the event of a dispute the relevant
naming authority for the type of domain held should be contacted
and provided with full details of the complaint.
4. Web Pages
4.1 The client will be responsible for the content of web pages
including obtaining the legal permission for any material included
on the pages and ensuring that the contents of these pages do
not violate NZ or international law.
4.2 The client will be held responsible for and accept responsibility
for any defamatory confidential secret or other proprietary
material available via the client’s web site page(s).
4.3 Forest Design reserves the right to remove without notice
from the client's web site pages material deemed to be inappropriate.
4.4 At the bottom of each page of the client’s web site
will be placed the words “Another Forest Design Web Site”
or similar will be shown and a link to the Forest Design web
site will be active.
4.5 All text content photographs and images supplied by the
client are the copyright of the client. It is the responsibility
of the client to ensure that model consent and/or permission
of the copyright owner is sought for the use of any third party
text photographs or images supplied to Forest Design for use
in the construction of any web site. The layout and design of
the web site the code generated to create the site and any images
created by Forest Design remain the copyright of Forest Design.
4.6 Unless specifically requested all design work whether finished
or in progress will be uploaded to the client's server space.
Work can however be proofed on Forest Design's server space
before final uploading to the client's own server space.
4.7 In the event of a dispute regarding the design of the website
or withheld or late payment Forest Design reserves the right
to withhold or withdraw all web pages and image files until
such dispute is resolved.
4.8 Forest Design will not undertake work involving the design
of any web site promoting or selling products or services that
are illegal in the New Zealand or are of an "Adult"
nature.
4.9 Where the client has undertaken to modify the web site direct
the client will be wholly responsible for the material added
to the web site including ensuring that no NZ or international
laws or copyrights are infringed and all necessary permissions
are obtained.
4.10 The client will indemnify Forest Design for any claims
made against Forest Design arising from the content of the client's
web site whether added to the web site by the client or by Forest
Design.
5. Credit
5.1 Forest Design does not offer any type of credit on any of
its range of products or services.
5.2 If the clients account/service is activated before payment
is made then payment must be sent in full by return on receipt
of Forest Design’s invoice.
5.3 If payment is not made in full within 14 days from the date
of an invoice all technical support and/or professional services
may at the discretion of Forest Design be terminated until payment
is received and cleared.
5.4 If payment is not made in full within 30 days of the date
of an invoice date the client's account may be deactivated and
the website deleted.
5.5 Forest Design reserves the right to charge an administration
fee where an account is cancelled and then reactivated.
6. Charges
6.1 A deposit of $100 of the total sum payable including GST
is to be paid before work can commence.
6.2 The balance of the creation fee will be payable 60 days
from the commencement of the project, or on acceptance of the
completed web site by the client, whichever is the sooner.
6.3 The creation fee will be payable in full as in 6.2 above
even if further material to complete the project is awaited
from the client.
6.3 The hosting and support charges will commence 30 days from
the commencement of the project, or on acceptance of the completed
web site by the client, whichever is the sooner.
6.4 The annual support programme prices include web site hosting,
unlimited email addresses, and reasonable web site content updates
by Forest Design.
6.5 Forest Design reserve the right to increase the annual support
programme charges on the renewal date to reflect any additional
services provided to the client.
6.6 If during the course of a design project additional work
should become necessary Forest Design will notify the client
of any additional cost involved. Any additional costs may be
payable before work can proceed further.
6.7 If the client delays commencement of work for more than
30 days from payment of the deposit Forest Design reserves the
right to make a surcharge to cover additional time and price
increases since the original quote.
6.8 Forest Design reserves the right to levy extra charges if
additional unexpected time is expended on the creation of the
site, or loading of the site onto the internet, due to circumstances
beyond its control or due to working with material created and/or
provided by a third party.
7. Privacy
7.1 Forest Design are required to provide contact details of
their clients to the hosting company Fasthosts Internet Ltd
and to domain name registration authorities. Both Forest Design
and Fasthosts Internet Ltd undertake not to disclose client
information to any other third parties other than in 7.2 below.
7.2 Forest Design reserves the right to supply client information
as a result of a lawful request by police or government authorities
that require the information as part of a legal enquiry.
7.3 The client may be contacted periodically by Forest Design
to announce any additions or changes to Forest Design's products
and services. The client may also be contacted as part of Forest
Design's ongoing support activities. The client has the right
to request that these communications cease.
8. Contract
8.1 The client may terminate an initial contract within 14 days
of the date of signature and will in that event receive a refund
of any deposit paid less a 10% administration fee.
8.2 In the unlikely event that Forest Design become unable to
continue supporting the client’s web site, the client
should contact the hosting company, Fasthosts Internet Limited,
Discovery Court, 154 Southgate Street, Gloucester, GL1 2EX,
England, Phone:+44 1452 541499, Fax:+44 1452 541633, Email:domains@fasthosts.co.uk
and request that the control of the domain name be transferred
to the host provider of another web site developer.
8.3 These terms and conditions do not affect the statutory rights
of the client.
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