Terms and Conditions (“Terms”)
Please read these Terms and Conditions carefully before using the Live in 5 website design service (the “Service”) operated by Webserv NZ (“us”, “we”, or “our”). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
1. Definitions
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“The Service” refers to the “Live in 5” website design, build, and SEO packages offered by us.
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“The Client” refers to you, the individual or entity purchasing the Service.
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“The Project” refers to the specific website and digital assets being designed and built for the Client.
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“The WebKit” refers to our online briefing document where the Client provides all necessary content for the Project.
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“Content” refers to all text, images, logos, videos, and other materials provided by the Client for use in the Project.
2. The Service Scope
The Service includes the design and build of a WordPress website based on the package selected by the Client (e.g., Foundation, Visibility Machine, etc.). The scope is limited to the features explicitly listed in the package description on our website. The project includes one consolidated round of revisions after the initial build is presented to the Client. Additional work or revisions beyond this scope will be considered a separate project and will be quoted at our standard hourly rate.
3. Target Delivery Timelines
Rapid deployment is a core component of our service. Depending on the package selected, we aim to deliver the initial build of your website within a target of 5 business days or 10 business days.
We will use our best endeavours to meet these target timelines; however, these timelines are estimates and not absolute guarantees. Minor delays due to technical complexities, API integrations, or quality assurance requirements will not constitute a breach of this agreement or provide grounds for withholding payment.
Furthermore, the target 5-day or 10-day build sprint commences only after the following two conditions have been met:
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The Client has fully completed and submitted the WebKit with all required Content.
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The online kick-off meeting between us and the Client has been completed, and the brief has been formally approved.
Delays by the Client in providing content, assets, or feedback during the revision round will result in the delivery timeline being paused and adjusted accordingly.
4. Client Responsibilities
The Client agrees to:
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Provide all required Content in a timely manner via the WebKit.
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Warrant that all Content provided is either owned by the Client or that the Client has the legal right and permission to use it.
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Provide timely and consolidated feedback during the single revision round.
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Be available for the scheduled kick-off meeting.
5. Payment Terms
A non-refundable deposit of 30% of the total project cost is required to secure the project booking. The remaining 70% is due upon completion of the website build, prior to the final launch and handover of administrative credentials. For clients on our monthly Care Plans or Retainers, hosting, maintenance, and SEO fees will be billed monthly in advance.
6. Intellectual Property
Upon receipt of final payment in full, the Client will own the full intellectual property rights to the completed website design and build. We retain the right to display the completed project in our portfolio and marketing materials.
7. Limitation of Liability
We will not be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Service.
8. Governing Law
These Terms shall be governed and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions.
9. Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any changes by posting the new Terms and Conditions on this page.
Contact Us
If you have any questions about these Terms, please contact us at admin@webserv.nz.
