Terms And Conditions
Terms And Conditions For The Work Undertaken By Moxwai
Please advise us if you require a copy of these Terms & Conditions.
These terms and conditions are subject to change without notice.
General Terms and Conditions
- You may not redistribute the code that was used to build your site, except if you have the express permission from Moxwai or if you are a Moxwai reseller.
- Quotes are Valid for one month from the date of issue.
- By accepting our quote you agree to the Terms & Conditions as shown on the moxwai.com website.
- Quotes for websites include two rounds of changes from the agreed design limited to 5% of the total value of the contract. Any changes after that are billable.
- 50% deposit is required to begin work on your job with the balance being payable on completion of your job. If your project runs over the time allocated for your job, progress payments may be required.
- For the Compact & Bquika websites, Moxwai will retain ownership of the CMS and should you wish to transfer your Compact website to another web developer, we will provide you a copy of the content, ie text and images, but not a copy of the CMS. This means your content will have to be loaded into another system. With all other Moxwai websites, you are free to take the CMS to another web developer as you will own the CMS.
- All Compact websites must be hosted with Moxwai.
- For the payment of Brochure, The Business, Compact, E-commerce and Custom Websites, 50% deposit is required once the quote has been accepted and the design has been signed off. We can arrange other payment terms. Upon receipt of the deposit, work will commence on your site. The balance owing is due is to be paid on the completion of your website. For Payment of The Temp Website, the total amount is required to be paid once the quote has been accepted and the design is signed off. Payment of the final invoice confirms that you are satisfied with your site and that any further request to make changes to your website would be billable and treated as an entirely new job.
- Payments - All invoices are due for payment within 14 days of the invoice date. If an invoice remains unpaid after the due date we reserve the right to suspend or restrict the use of your services, although we will always attempt to contact you before this happens. A late payment penalty of 15% may also be applied on all monies outstanding unless Moxwai has agreed that part of the invoice is contested in which case that proportion of the account will not be subject to this until the issue is resolved.
- Our videos are designed to work on the internet and are not classified for commercial TV.
- Progress payments may be required if there are delays in the project, or the project runs more than two weeks. In the event of a project development exceeding three months (pending requirements from the client) website hosting will start three months after the commencement date of the project and where applicable the first three months free hosting will start from that date.
- Domain name annual renewal fees and Hosting fees are required to be paid before the expiry date to ensure continuity of your website, email addresses and other important services that moxwai.com provides for you.
- We do not print any advertising materials, but can provide a list of print suppliers.
- Once you have been provided a copy of your photos or video, Moxwai is no longer responsible for these images in any way or for providing additional or backup copies of these files.
- Any on-going annual costs are subject to change without notification, although we always try to let our customers if we are adjusting pricing.
If you require support for your website then a Service Level Agreement can be drafted to define the cost and scope of your support. Alternatively, support is available ad hock on a best endeavours time frame, please contact us for our rates.
Goods And Services
The exact nature of the goods and/or services to be provided are specified in the quote. Failure to pay outstanding invoices may result in the disruption of services unless any outstanding invoices are in dispute.
When we provide a quote which the client accepts, this forms the basis of the contract between Moxwai and the client.
The client we are contracting with is the business or individual specified in the quote.
The client is responsible for making backups of their own email, addresses and contacts. Moxwai does not have the ability, or responsibility, to restore email accounts, individual messages, contacts or other information relating to an email account that we are hosting.
Accpetance Of Moxwai Limited Terms And Conditions
Your access to and use of Moxwai.com is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or is prohibited by these Terms and Conditions. By using the moxwai.com website you are deemed to be fully accepting the Terms, Conditions and Disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the moxwai.com Website.
The content of your website is for you to decide upon and Moxwai will make every endeavour to assist you. Their help does not constitute advice and should not be relied upon in making or refraining from making, any decision.
It is your responsibility to ensure All copyright, trademarks and all other intellectual property rights of the content of websites constructed for you are owned by or licensed to you or otherwise used by you as permitted by law.
Disclaimers and Limitation of Liability
- Moxwai will use it’s best endeavours to provide you with a website that will exceed your expectations, and will continue to provide you with support and service subject to our terms of trade, however
- Your Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
- To the extent permitted by law, Moxwai will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of your Website.
- Moxwai makes no warranty that the functionality of the Website will be uninterrupted or error-free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
- Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Moxwai for death or personal injury as a result of the negligence of Moxwai or that of its employees or agents.
You agree to indemnify and hold Moxwai and it’s employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Moxwai arising out of any breach by you of these Terms and Conditions.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
These Terms and Conditions shall be governed by and construed in accordance with the New Zealand law.
Your Website Or The Website Definition
Organised and compile by Moxwai for your specific needs and includes a collection of files and related resources accessible through the World Wide Web and organized under a particular domain name. Typical, files found at a Web site are HTML documents with their associated graphic image files (GIF, JPEG, etc.), scripted programs (in Perl, CGI, Java, etc.), and similar resources. The site's files are usually accessed through hypertext or hyperlinks embedded in other files. A Web site may consist of a single HTML file, or it may comprise hundreds or thousands of related files. A Web site's usual starting point or opening page, called a home page, usually functions as a table of contents or index, with links to other sections of the site. Websites are hosted on one or more Web servers, which transfer files to client computers or other servers that request them using the HTTP protocol. Although the term “site” implies a single physical location, the files and resources of a Web site may actually be spread among several servers in different geographic locations. The particular file desired by a client is specified by a URL that is either typed into a browser or accessed by selecting a hyperlink.