These are our normal terms and conditions of work. We will not deviate from these unless specifically requested, and our express consent is given to do so. However, some terms are negotiable and may be adapted for special circumstances, upon agreement by both Excel Studios 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 Excel Studios.
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- 1.1 To keep you (the customer) well informed with progress throughout the project(s), and alert you in the first instance of the possibility that your project(s) may exceed our provided quote in cost or timeliness.
- 1.2 To estimate the cost of project(s) to a reasonable accuracy either on a fixed rate per task included in the quote, 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. However, should we foresee any variation in the tasks or expected time required to complete the project, we will cease further work on the project(s), and immediately discuss with you the likely impact on the final cost, and your options for proceeding.
- 1.3 Should Excel Studios be requested to undertake or complete additional work over and above the original quote/agreed job, we reserve the right to charge for it at our standard hourly rate or as otherwise agreed.
- 1.4 To keep confidential any information that we obtain during the course of performing the project that relates to your business or business practices.
- 2.1 Your entity (including employees) will cooperate with us during the course of the project. Any request for information, content materials including but not limited to; text, images or other media, or assistance, will be acted upon promptly.
- 2.2 Provided that Excel Studios have met all our obligations as outlined in the initial quote, you will pay any invoices from Excel Studios by their due date (fourteen days after the invoice has been sent). This shall be the payment schedule (unless our express consent has been provided in writing). A deposit will be requested upon the commencement of work exceeding $249, of 30% of the quoted amount.
- 2.3 Invoices that reach five days beyond their due date, without payment, will incur an additional late payment fee of 10% of the Invoice amount. Failure to pay an invoice an additional fourteen days beyond the due date will lead to a project falling into inactivity and reestablishment fees will apply. Excel Studios reserve the right to legally pursue any clients who fail to make payment on Invoices issued to them - pertaining to the schedule outlined above.
- 2.4 Should a project fall into inactivity (21 days or more without response to requests) a reestablishment fee of $150 will apply in order to cover time spent becoming reacquainted with the requirements of the project.
- 2.5 Should a project need to be abandoned, the client must state in writing to Excel Studios their intention to do so, and understand that a one off fee of $150 will be applicable for the abandonment.
- 2.6 Any request for work to be completed is understood to, and will be invoiced at our standard hourly rate of $60.
- 2.8 Should you become aware of any information that would impact the faithful completion of your project(s), you will notify us immediately.
- 2.9 Works completed by Excel Studios shall not be manipulated, changed, edited or adjusted without the written consent of Excel Studios. This excludes replacements of text or images on pages.
- 2.10 By providing the work to be completed, in accordance with your brief or instructions the client confirms that Excel Studios will not infringe on the intellectual or other rights of any third party, or breach any law and furthermore that Excel Studios will not be exposed to any claim from any person(s) or entity whatsoever.
- 3.1 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 Excel Studios, or use the source code provided as the basis for development of future products for anything other than the client's own use.
- 3.2 Excel Studios does not guarantee works to be error free and does not accept liability for these beyond settlement of invoices pertaining to the project(s) in question.
- 3.3 Excel Studios does not accept responsibility for updating any products used in the development of your website, be it software or dependencies. Unless the customer is hosting through Excel Studios's Jumbo plan or subscribed to our maintenance service for $100 NZD per year. Should your website become compromised outside of the aforementioned parameters we may be able to attempt a restoration at our standard hourly rate of $60.
- 3.4 It is important to understand that our website development timeframes provided, are based on the assumption that requests from Excel Studios, for content or otherwise, will be actioned promptly.
- 3.5 Excel Studios reserve the right to contract third parties outside of our own staff to assist with any work, unless otherwise explicitly agreed/stated.
- 3.6 You agree that for marketing purposes a link will be placed in the footer of your website back to Excel Studios. A one-off fee of $150 NZD will apply should you wish to have this removed.
- 3.7 Excel Studios may invoice the client at our discretion, on completion of the work, part of the work, on a monthly basis or at any other intervals as work progresses or as we see fit. It is understood that failure to make payment on any of these invoices will incur the (late payment and abandonment) conditions aforementioned.
- 3.8 Excel Studios reserve the right to use any resulting work done for clients for our own marketing purposes, and to be attributed to us to the extent that the work is of a type where attribution can reasonably be given.
- 4.1 A website update service may be purchase for $100 per year, placing an effective, preventative and ongoing barrier against your website(s) becoming compromised.
- 4.2 Excel Studios will only update specific websites on supported content management systems, please confirm with us prior to ordering if your CMS is supported.
- 4.3 We will perform updates to websites specified on a monthly basis, unless specifically requested at a given time, which will mean that an update scheduled for the following month will be forgone.
- 4.4 A single purchase of the addon entitles a user to have a maximum of two content management system installation's kept up to date. Unless otherwise agreed in writing.
- 4.5 Although updates will be performed at regular intervals we must stress that this is not a definite solution to preventing content management systems becoming compromised.
- 4.6 This service can only be purchased in conjunction with Excel Studios hosting.
- 4.7 Should a website become compromised, it is understood that it is the clients responsibility to inform Excel Studios of this, in writing, within 72 hours. This is to allow us enough time time to restore a functioning backup of your website, update the content management system and subsequently restore your website to a secure, functioning version.
Limitations of Liability
- 5.1 Excel Studios, 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 your project(s), except in the case where we are proven negligent. In which case, the following will apply:
- 5.2 Our liability for negligence will be limited to the value of services that Excel Studios had intended to provide as outlined in the quote.
- 5.2 In the case of damage to data, our liability will be limited to the cost of replacement media only.
- 5.3 You must retain backups of all data transmitted to Excel Studios.
- 5.4 Excel Studios shall not be liable for delay or failure to perform its obligations under this agreement if the cause of delay is beyond Excel Studios's control, or impractical for Excel Studios to resolve.
- 5.5 Excel Studios reserve the right to modify or add to these Terms & Conditions at any time without notice.
- 6.1 Where dollar values are listed throughout Excel Studios Terms & Conditions it is understood to be exclusive of Goods & Services Tax and in New Zealand Dollars as we are operating as a sole proprietorship.
- 6.2 Where 'we','us','Excel Studios' or 'our' is referenced throughout the above, it is understood to represent the legal entity that is operating as a sole proprietorship under the trading name of Excel Studios
Please contact us via our website for clarification of anything in this document.