Terms and Conditions

Here follows our normal terms and conditions of work, but the terms are negotiable and may be adapted for special circumstances, upon agreement by both Goose Tree Web Design and the Client. These terms and conditions form a part of, and should be read in conjunction with, the proposal for goods and services provided by Goose Tree Web Design.

Our Obligations to You

  1. Our estimate of the cost to complete a project is based either on a fixed rate per task included in the proposal, or on an hourly rate. The cost calculation is an estimate only. We will make every effort to ensure that the project is completed within the parameters stipulated in the proposal. However, should we foresee any significant variation in the tasks or expected time required to complete the project, we will cease further work on the project, and immediately discuss with you the likely impact on the final cost, and your options for proceeding.
  2. We will ensure that you are informed about progress at all stages of the project.
  3. Goose Tree Web Design and any of our sub-contractors will keep confidential any information that we obtain during the course of performing the project that relates to your business or business practices.

Your Obligations to Us

  1. Provided that we have met all our obligations as defined in the proposal, you will pay any invoices rendered by Goose Tree Web Design by their due date (which will normally be within fourteen days of the date of the invoice). The payment schedule shall be as follows (unless otherwise agreed in writing):
    • A deposit of 50% of the total cost upon acceptance of the proposal;
    • Payment of 30% of the total cost upon publication of the website to the world wide web or two months (60 days) after acceptance of the proposal, whichever comes first; and
    • A final payment of the outstanding balance upon completion of all work stipulated in the proposal and any enhancement variations.
  2. You and your employees will cooperate with our consultants during the course of the project. Any request for information, content materials such as text, images or other media, or assistance, will be acted upon promptly.
  3. Should you become aware of any information that would have a material impact on this project, you will notify us immediately.

Limitation of Our Liability

  1. We, our employees, agents or sub-contractors will not be liable under any circumstances to compensate you for any loss, injury or damage arising directly or indirectly from any act, omission, error, default or delay by us in the performance of the Assignment, except in the case where we are proven negligent, for which the following clause will apply.
  2. We will accept liability to damage to physical property or data where we are proven to be negligent or in omission. Our liability for negligence will be limited to the value of services that we were to provide as outlined in the proposal. In the case of damage to data, our liability will be limited to the cost of replacement media only.

Web Site Development

  1. All web site development projects will be the subject of a written specification prepared by Goose Tree Web Design and agreed to by the client. The cost of the specification shall be borne by the client unless otherwise agreed by Goose Tree Web Design.
  2. Testing and evaluation by the client of the delivered product must be completed within two months of installation. Any elements identified during this period that do not comply with the original specification will be rectified by Goose Tree Web Design at no cost to the client. Any enhancement outside the original specification will be chargeable to the client at standard hourly rates.
  3. Goose Tree Web Design will not accept any liability for any elements not found to comply with the original specification after the two-month warranty period has expired, but modifications will be made at standard hourly rates.
  4. Goose Tree Web Design warrants that all web sites developed under this agreement will be Year 2000 compliant. Goose Tree Web Design will not be liable for any third-party software used by the client in conjunction with the web site, that is found to not be Year 2000 compliant. Goose Tree Web Design will not be liable when a non-compliant third party application prevents the web site developed by Goose Tree Web Design from being Year 2000 compliant. Where non-compliant software components (other than that developed by Goose Tree Web Design) is supplied to Goose Tree Web Design, the liability for non-compliance will rest with the manufacturer.

Intellectual Property Rights

  1. Unless otherwise agreed Goose Tree Web Design will retain all intellectual property rights, including worldwide copyright, to any web site designs or associated materials developed for and on behalf of clients.
  2. Clients will be provided with source code for web sites developed, and will retain the right to use and modify the source code for their own purposes. Unless otherwise agreed in writing, clients will not have the right to on-sell any web site product developed by Goose Tree Web Design, or use the source code provided as the basis for development of future products for anything other than the client's own use.
  3. Any copyright attributed to the client on the web site developed for the client will have reference to the content and business of the site, and not to the design or code for the site delivered by Goose Tree Web Design.
  4. Where it is agreed (by separate written agreement) that clauses 1 and 2 above will not apply, Goose Tree Web Design retains the right to levy a fee, at our discretion, for the relinquishment of sole copyright and distribution rights of any web site design and associated materials developed.

General

  1. Unless otherwise specified, any estimate or quote provided by us is for the hourly-rate equivalent of our services only, and may not include the cost of disbursements (communications, mileage, accommodation etc.). Where disbursements are incurred during the course of a project Goose Tree Web Design will on-charge these to the client at cost price.
  2. We will perform the assignment as an independent consultant, and shall not be, or hold ourselves out to be, your employee, agent or partner.
  3. This agreement shall be deemed to be accepted when either verbal or written agreement to proceed is received from the client or the client's representative.
  4. New Zealand law shall govern these terms and conditions and the proposal. Any dispute arising from this agreement shall be heard in a New Zealand court, or by another New Zealand arbitrator.
  5. These terms and conditions, plus the proposal, form the entire agreement between you and us. The agreement can only be varied by mutual agreement by both parties.
  6. We will not accept responsibility for any communication sent by you to us in relation to this agreement, where we did not receive it due to failure in the delivery mechanism.
  7. Products or services supplied by Goose Tree Web Design that are used for business purposes do not fall under the New Zealand Consumer Guarantees Act 1993.
  8. The Consumer Guarantees Act may apply to products or services supplied by Goose Tree Web Design if you use these products or services only for personal or domestic use. If this act applies, all rights you may have under the act apply in addition to the rights you may have in these terms and conditions. Nothing in these terms and conditions will limit or exclude your rights under the Consumer Guarantees Act.
  9. All figures quoted are exclusive of New Zealand Goods and Services Tax (and where applicable, Australian Goods and Services Tax). Goose Tree Web Design is not currently registered for Goods and Services Tax in either New Zealand or Australia.

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