We require payments from our clients in 2 phases.
Initial 60% deposit at the time of accepting the quotation and signing the contract.
The remaining 40% upon the completion of the project and go live.
If a project is big, we would require another 20% payment with the progress of the project. To be mutually agreed with the client.
Payments can be made by internet banking or credit card.
Bank Account Number:
Non-payment of an invoice in full may result in forfeiting the website and related services. We also reserve the right to charge late payment fees and the account may be turned over to our debt collection agency. Non-payment for our hosting service may result in the removal of the website files from our servers.
Any hour credits owing as part of a registered Website Maintenance Package will be deducted from your invoice automatically before calculating any labor charges.
If your situation changes and you need to put your project on hold, we will lock in your quoted price for a period of 30 days from your estimated start date. After 30 days, it may be necessary to reassess your project if rates have changed. If you decide not to proceed, all deposits are forfeited. Any graphics, layouts, or mock-ups will remain the property of PogoStick Web Services and may be resold or redistributed as necessary.
Projects that are deemed ‘abandoned’ (e.g. no contact is received within a period of 30 days) will be canceled and any monies paid forfeited.
ADDING WEBSITE CONTENT
As part of our full price website packages, we offer to add provided content as part of the price but, due to the low prices of these packages, there are some limitations. For e-commerce websites, we will add the first 5 simple products. We can add the rest at our hourly rate or the client can login and add them for free using the CMS (Content Management System). With standard websites we will add the first 5 pages (reasonable limitations apply). Additional content can by added by us at an hourly rate or the client can login and add it for free using the CMS.
All payments are non-refundable upon receipt. In exceptional cases, we may waive this.
Before embarking on designing a website we attempt to get indications from the client about the style of website they are looking for. This may include links to websites they like.
Due to the very low prices of our affordable website packages, we cannot guarantee the final website will be identical to what the client had in mind and some concessions need to be made, however, we can continue working on the style at a chargeable time. We deliver websites that meet best practices for responsive design and ease of use (on a range of devices) and follow general design guidelines and recommendations.
If a specific design is required then this should be provided before work commences on the website and we can provide a cost estimate for developing the website.
When building a website you are free to request changes and we are happy to comply with the following conditions:
- Multiple minor revisions: You are welcome to make as many minor change requests during the design phase (within reason). Minor revisions are things such as changing a font, heading, or color.
- Major revisions: Major revisions are changes that require a significant amount of time to complete and may include such things as requesting a different layout, background, or theme design than the one initially presented to you. Major revisions are chargeable time.
- Future changes: Once the site has been completed, future changes (whether minor or major) are chargeable time. Contact us for a quote.
- Third-party designer: We are happy to work with any 3rd-party designer you have contracted to design elements of your website however work done to a designer’s specifications is chargeable time. Please advise if you have specific budget constraints or require up-to-date billing details during the course of the project.
Communication about your website is to be primarily conducted by email. This provides both parties with a clear record of what has been discussed. If you need to talk to us, we do offer online meeting options (Skype, Zoom, etc.) at a time suitable for both parties.
We suggest you add firstname.lastname@example.org to your contacts or check your spam/junk folder if you are not receiving our emails. Alternatively, whitelist the pogostick.co.nz domain.
As a general rule, our pricing does not allow us to make site visits (including planning meetings prior to contracting our services) but we can arrange this for a fee, including travel costs. Contact us if you require a site visit and we will advise you of the charges and arrange a suitable time.
In rare cases we may register a domain on behalf of a client. While we may be listed as the owner (with the registrar) we acknowledge that true ownership rests with the client who has paid for the domain. If a client wants their details to be listed instead we are happy to effect this change (this may incur additional costs).
In cases where we manage the renewal of domains, we will provide you with an email reminder in the month that it is due, using the email address supplied. We are not responsible for domain names that are lost due to these reminders being ignored, or any fees involved in the redemption process if this is requested. We require payment at least seven working days prior to renewing the domain.
COPYRIGHTS AND TRADEMARKS
Obtaining copyrights and permission for any photos or design elements provided by the client is the responsibility of the client. We are in no way liable or responsible for those graphics or photos.
When providing artwork, graphics, or photos for use on your site, we require that you have a license to use it. This means that it must be a royalty-free stock image or custom-designed artwork where the original illustrator, photographer, or artist has given you permission to use their work on your site. We do not take any responsibility for artwork used on your website that becomes the subject of a ‘take down’ notice (due to copyright infringement) but will assist you with removing it.
As the client, you are authorizing us to install any scripts, software, or programs relevant to the web design project and to access your account via either your hosting service panel or external FTP. You shall agree to provide us with the login information and passwords necessary to access your website.
CREDITS & USAGE
All graphics, illustrations, and layouts are intended to be kept whole as given to you. Work done by us may not be used by anyone else but the specified client on the domain for which it was originally designed. All preliminary designs to include graphics, layouts, etc., which are not selected by the client remain the full property of us and may be used in future projects for other clients.
We retain all rights to display artwork in portfolios and advertising materials. Email testimonials from clients may be posted on our website.
All website and blog designs require a text link or a graphic link back to PogoStick Web Services unless other arrangements have been made. The link will remain in place until such time as that website design is no longer published on the internet.
Ownership of the final artwork designed by us will be transferred to the client upon final payment unless otherwise specified by us. This does not include code or software. Copyright on all software and code remains the property of PogoStick Web Services or its otherwise respective owner.
Domains registered on behalf of clients are the property of the respective client. Transfers or changes of details are available on request with any associated costs billed to the client.
Our website packages are designed to meet the standards that comply with the most popular browsers and screen resolutions (as determined by global stats). Design irregularities that occur in less common browsers or screen sizes are not included in the website packages, however extra work can be done to accommodate extra design work that is desired (quoted separately).
Any website we create will be viewable in current versions of Microsoft Edge, Mozilla Firefox, and Chrome. We cannot guarantee error-free viewing in any browser that includes third-party plug-ins.
Compatibility is defined herein as all critical elements of each page being viewable in these browsers. The client is aware that some internet technologies may require a more recent browser version, operating system, brand, or plug-in.
As part of our business, we supply hosting services, including email services. We provide access details for a web-based email interface, and the credentials for setting up a POP connection with an offline email client (e.g. Outlook). While we offer much helpful information on our website regarding setting up your email our pricing does not permit us to offer customized or personal technical support for third-party software or issues with your internet browser settings. If you require additional assistance we recommend contacting your local technical support provider.
This also applies to the Content Management System (CMS) provided with your website. If you require help, please contact your local IT training provider for customized assistance.
Any service purchased from PogoStick Web Services is provided ‘as is’ without warranty of any kind that the web design project will be uninterrupted or error-free. In no event will we be liable to you or any third party, on any legal theory for any direct, indirect, special, incidental, punitive, exemplary, or consequential damages arising out of the use of any service, graphic or code, or the use of any hosting service, service provider, telecommunications carrier, internet servers, third party e-commerce programs, or your site visitor’s computer or internet software, including, without limitation, service interruptions caused by Acts of God and/or Nature, or any other circumstances beyond our reasonable control, any lost profits, business interruption, loss of data or otherwise, even if expressly advised of the possibility of such damages.
We do backup hosted websites periodically but these should not be relied on for client use. We strongly recommend website owners take responsibility for their own backups (can be done using a WordPress plugin or similar).
Customized elements of a client’s website (such as a custom theme design or function) are not covered by the free updating service included with our hosting packages.
Work done to fix client mistakes is chargeable time.
Our hosting service is provided by a third party and managed by us. This service is monitored around the clock for security and reliability, and we make every effort to provide a fast and reliable hosting service. Our provision of a free SSL security certificate is dependent on our supplier maintaining the current agreement.
We may choose to impose limitations on the use of this hosting service to protect the interests of all clients including monitoring and limiting bandwidth or file sizes used, as well as access to administrator files and options that could lead to a potential security breach, loss of data or damage to any client’s website files.
If you require specific access, please let us know in writing the reasons for the access and we will consider your request.
Website work time is non-accumulative and will be scheduled with our existing workflow. It cannot be applied to part of a job. To cancel your subscription payment you must contact us and provide at least 30 days notice (50% refund on Annual plans if canceled within the first three months). If payment is missed or overdue we reserve the right to suspend the website and email services – we will make an effort to contact you to resolve the non-payment issue first.
The limitations on Monthly Packages include:
- No cPanel access.
- Website setup includes a choice of templates with limited customization.
- Only editor or shop manager access in WordPress installations.
- No additional free work (as featured in our hosting packages).
We are available to make any updates or edits that are not possible with the provided login, such as adding tracking scripts.
By requesting our assistance with an email campaign you undertake that any email address lists provided have been collected in accordance with current spam laws.
HOURS OF OPERATION
Our normal hours of operation are Monday to Friday, 9 am – 5 pm, however, we reserve the right to change them as required. We work to project deadlines so if the timing is critical then please discuss your requirements so we can agree on a mutually acceptable deadline that we will work to. Deadlines are not part of the contract (as there are too many factors beyond our control, including customer delays) but we will do our best to meet or exceed them.
Urgent projects, or work required outside of normal working hours, may incur additional charges.
These terms and conditions supersede all previous representations, understandings, or agreements. Terms are subject to change.
In the course of our work, clients may provide us with login details including passwords. We strongly recommend clients change passwords after our access is no longer required and maintain good data security procedures at all times. We treat all login details supplied to us with due care however we are not responsible for any losses or damages that occur as a result of a security breach due to unauthorized access.
Please note that by submitting a request in writing for our services (or payment of a project deposit) you are agreeing to all of our terms of service as written here. We reserve the right to change or update these terms at any time without prior notice.
Please contact us if you have any questions or comments regarding this policy.