Terms of Trade

McGrafix.com Terms of trade.

1. Terms of Trade

• 1.1 We are the supplier: McGrafix.com
• 1.2 Once you accept our quote, these Terms of Trade apply to all services that we provide to you.

2. Quotation

• 2.1 Our quotation is valid for 30 days from the date of quotation.
• 2.2 Our quotation is based on the information you have provided to us. If anything changes from what you have told us we may cancel the quotation and supply you with another one.
• 2.3 If we incur additional costs because of changes you want, we may charge you for this at our standard hourly rate as detailed in the quotation.
• 2.4 To accept our quotation, you should sign the acceptance and post or fax it to us.

3. Financial

• 3.1 You agree to pay us within 7 days from the date of invoice.
• 3.2 You agree to pay us any deposit detailed in the quotation before we commence work.
• 3.3 You agree to pay us any progress payments at the times detailed in the quotation.
• 3.4 The prices in the quotation are $NZD and include GST.
• 3.5 If you do not pay us on time, we may charge you interest at 2.5% calculated monthly.
• 3.6 If we have to use someone else like a debt collector to collect any money owing by you, we may charge you those collection costs.
• 3.7We do not give refunds.

4. Ownership

• 4.1 You own and have full copyright of: The content that you create (the words and images on your pages), The website template and design (the HTML and CSS), The graphics that we create, The graphics that we create including the original CDR, PSD and FLA files, The source code of any programming, Your Domain Name
• 4.2 We own, but you may use: The Content Management System, The Shopping Cart technology, The original CDR, PSD and FLA files that we create, The source code of any programming for your own use only, The source code of any programming, while we are hosting your website

5. Liability

• 5.1 If anything to do with your website causes problems to other people, you are responsible for this and cannot claim against us.
• 5.2 We will do our best to give you what we promise, when we promise but if we can’t or don’t, you cannot claim any lost income or any lost opportunity from us.
• 5.3 We do regular backups of your website but you must always have a recent backup too.
• 5.4 In any other situation, you cannot claim from us more than you have paid us.

6. Design and Development

• 6.1  It is your job to provide us with the words (content) for the website.
• 6.2  You cannot expect us to do more than what we detail in the quotation. For example if we say that we will submit to the Search Engines, we do not guarantee that your website will be in the top ten listings. Likewise, if we simply quote to develop a website without any marketing activities detailed, we do not guarantee that you will get new business.
• 6.3  We place a small graphic & link on your web pages back to our website.
• 6.4 We can use any ideas, designs or technology that we create that are not specifically related to your work (or not developed for you exclusively) with other clients.
• 6.5 Unless we say otherwise in the quotation, we can use your work as an example in our portfolio.
• 6.6 Unless detailed otherwise in the quotation, estimated production and publication timelines are only estimates.
• 6.7 Technical support is available at no charge by phone or email.

7. Domain Names

• 7.1 You allow us to act as your Agent to transfer, register, manage and renew your domain name(s)
• 7.2 You are the Registrant (owner) of the domain name (as long as you continue to pay the Registry fees)
• 7.3 You agree to the Terms & Conditions of the appropriate TLD Registry: New Zealand Domain Names are overseen by The Domain Name Commissioner - www.dnc.org.nz, Australian Domain Names are overseen by au Domain Administration - www.auda.org.au, United Kingdom Domain Names are overseen by Nominet - www.nominet.org.uk, International Names Domain Names are overseen by ICANN - http://www.icann.org

8. Hosting

• 8.1 You cannot use our services for: Copyrighted or Trade Marked material that is not yours, or that is used without permission. Objectionable material, such as abusive, threatening, malicious, slanderous, obscene or racist content. Pornography or sex related merchandising. Spamming using a service or domain name associated with us.
• 8.2 If you do this we may: remove the content, stop the service(s), cancel your account and/or recover from you any losses we may incur as a result.
• 8.3 We will be the final decision-maker on what is objectionable material.

9. Cancellation

• 9.1 You may cancel any ongoing services we are providing at any time.
• 9.2 You may ask for your UDAI or Domain Name password at any time.
• 9.3 If you cancel a service, you must pay us to the end of any agreed invoicing term, e.g. weekly monthly or annually.
• 9.4 We may cancel any service without notice if your account is not paid on time; you have breached these Terms of Trade; acted unlawfully or breached any other operational rules.
• 9.5 We may delete all your data at the time that you cancel your services with us.

10. Other Matters

• 10.1 You authorise us to collect and keep personal information about you, and we will abide by the Privacy Act.
• 10.2 We may use the fax to communicate with each other about business matters.
• 10.3 As long as we undertake good business practice, you cannot claim any loss against us for things that are out of our control - things like an act of God, disaster, power or computer failure, hacker or DDOS attacks and so on.
• 10.4 If you are a business or using the services we provide for business use, the Consumer Guarantees Act 1993 and the Sale of Goods Act 1908 shall not apply
• 10.5 These Terms of Trade must be interpreted by New Zealand law.