Terms

OUR RESPONSIBILITIES Marketing Results commits to:

Provide the client website design, development and website hosting services that perform
the functions detailed under the agreed package and additional functionality sections of the
project information

To perform all services in a timely, professional manner
To respond to all client queries in a timely and professional manner

To provide a quote or estimate, before undertaking any additional work required to complete
the website that has not been agreed on and stated in the project information

To employ our best efforts to remedy any functional issues after the website is built

YOUR RESPONSIBILITIES Website design is a collaborative effort. As a client, you commit to:

Promptly reply to our requests for logos, branding, images, and other information we require to complete your website

Follow our instructions relating to the formats we require this information so we can work with it effectively

Promptly respond to our requests for feedback and approval of design concepts Ensure any employee or agent of your company dealing with us is authorised to make decisions relating to the website, on behalf of your company

Be responsible for making Marketing Results fully aware of their website functionality requirements prior to commencing their project.

The client must ensure these requirements are listed in the project information under the package functionality, or quoted under the Additional functionality.

Marketing Results will not be obligated to undertake any additional functionality requests that are not listed in the project information.

If additional functionality requirements come to hand after the project has commenced, and they are within the technical scope of Marketing Results ability, they will be quoted on and agreed to before work on theseaspects will commence.

WEBSITE DESIGN

Your website will be based on the Mock-up designs approved by you. Any change in design after the project is under way will incur an additional charge.

Included with your website package, your website concept can be revised up to three times if necessary. If any further revisions are required, these will be done at $85 per hour.

Once the design concept is approved, any additional design changes needed, will be done at $85 per hour. Any additional functionality or programming tasks will be done at $85 per hour. Approvals can be made verbally or in writing.

Once the website has been built, you will be able to log in and begin to add content to the website through the Content Management System (CMS). Alternatively, if you prefer, you may provide us with your content to load for you. This will be done at no extra cost.

A discreet ‘website designed by Marketing Results’ message will be placed in the footer of the website. We may choose to feature the website in our portfolio to showcase our work.

Your website will function correctly on all of the latest versions of the most popular web browsers provided all relevant technologies are installed. Popular browsers are Internet Explorer, Firefox/Mozilla, Chrome and Safari, Smartphones and Tablets. Internet Explorer versions 6 and 7 are not supported. The appearance of your site may differ slightly from browser to browser, due to the way the browsers render content. The backend of your website (CMS) is guaranteed to work correctly on Google Chrome. Your website is not designed to be printed.

Marketing Results takes no responsibility whatsoever for issues relating to copyright infringement based on text, images or any other material provided to us, and will act on the instruction of the client. It is the client’s responsibility to take reasonable steps to ensure the content they provide is not under copyright. If it is found that we have been supplied with materials under copyright and are instructed by court authority to take the content down, we will of course comply. The client will absorb all costs related to copyright infringement, including development time to comply with court requests.

If you wish to integrate any third party software with your website, Marketing Results takes no responsibility whatsoever for issues relating to the suitability, functionality, or compatibility of that software with the website. You will not expect Marketing Results to perform any third party software integrations as part of their service.

All photography and graphics for the website are to be supplied by the client at the client’s expense. Any photography or graphics already in the template can be included free of charge.

The background of the site will appear differently from computer to computer, based on the resolution that is set. Our websites are optimised to show on the majority of computers with no scroll bar appearing, forcing the viewer to scroll left and right. Computers with a resolution less than 1024px by 768px will unavoidably show a scrollbar. The maximum resolution catered to is 1920px by 1080px. This is usually achieved by using one background image. Upon request, we can have a repeating background pattern instead, which helps with load speed but does not allow for as much design flexibility. We cannot combine methods of using a background image and repeating pattern.

Colours differ from computer to computer, based on individual visitors’ colour and monitor settings. Likewise, colours may appear differently when viewed on mobile devices.

Fonts may appear differently from browser to browser, based on browser settings, computer settings, or the due to limitations of the browsers themselves.

WEBSITE HOSTING

Marketing Results will be responsible for website hosting, to ensure the server is secure and fast

Included with this service, you will also receive Content Management Support if you need guidance or help updating your website in future. You’ll receive this support free of charge for up to 30mins per month, and $100 per hour thereafter.

Website hosting will be charged at the price quoted in the project information, paid annually in advance via bank transfer. Non payment of web design services or web hosting fees may result in the suspension of your hosting account until payment is made.

Website hosting payments will begin once the design concept is approved, and the website gets loaded on the server for coding. Payments will fall on either the 1st or 15th of the month.

A fair use policy is in place for disk space and bandwidth usage. 1GB disk space and 4GB bandwidth per month is considered fair use (the average site with The Web Guys Ltd uses under 200MB disk space and under 200MBs of bandwidth). Each GB of exceeded disk space usage or bandwidth usage will incur a $10 charge per month. For high bandwidth users, if you require more than an additional 5GB, each additional GB of bandwidth is reduced to $5 per GB. Disk usage is set at $10 per GB after the first free GB.

Marketing Results will make all reasonable efforts to ensure website loading speed and uptime is at optimum levels, but will not be held liable by the client for issues relating to server performance or website functionality. Requests to cancel web hosting and/or domain name registration services must be made in writing. Simply asking for a UDAI code will not cancel your hosting and domain payments. Payments will continue until written notice is received.

None Marketing Results sites have SSL (Secure Socket Layer) capability at the site’s domain name. SSL is an added security protocol that some ecommerce websites use to guarantee that credit card information won’t be exposed over the Internet. There are two reasons why we don’t support SSL. Firstly, to use SSL correctly, a certificate needs to be purchased and configured, which is very expensive. Secondly, because we do not handle credit card details on any of our sites directly. In other words, all credit card transactions go through a third party system (like PayPal or DPS) so the credit card information is never in danger of being exposed.

Our websites are hosted on shared VPS servers used by Marketing Results clients only. This allows us to keep control of server load. On rare occasions we build sites that need to be able to handle extremely large volumes of traffic. Examples of such sites are highly publicised expos or ticketing websites, that require a lot of visits in one time. A shared platform is not appropriate for these kinds of sites (at management’s discretion). We have a responsibility to all our clients to keep server load to a reasonable level. For extremely high volume sites, during peak volume months we require them to use Content Delivery Network (CDN) technology, which essentially caches the website in a delivery network all around the world, and across New Zealand. This dramatically reduces page load time and bandwidth. Google uses this technology, as does Marketing Results. Involved costs are $250+gst per month in the months needed. This is only required in extreme circumstances where one website is disadvantaging others on the server.

Support for your website hosting and email will be available to you during our usual working hours, Monday to Friday, 9 am to 5 pm.

EMAIL

Marketing Results has partnered with Google Apps for work - a specialist NZ email provider to provide affordable and flexible email solutions to our clients. You can have your own .co.nz/. com email addresses. Their plans are $5 a month each user. Each inbox comes with 30 GB disk space. All support and invoicing will be provided by Google, and you are subject to their terms and conditions. You can read about their solution in detail here.

PAYMENT TERMS All prices quoted are excluding GST.

  • Before beginning your project, a 50% deposit of the design package price is required. This deposit is non-refundable as it covers Marketing Results for initial consultation and design & Development work.
  • The remaining 50% of the design package payment will be invoiced when the site is built. Note this is not the launch or “go live” phase, which will occur once the content loaded.
  • Additional functionality may be invoiced as it is completed, or in a combined invoice with the design package remainder.
  • All invoices are due 7 days from invoice date unless otherwise stated.
  • In extreme cases of continued non-payment, we reserve the right to engage our collections agency to obtain outstanding funds, and suspend the web and email hosting. In such cases, the client will pay any associated collection costs.