Terms & Conditions Business Information
______________________ (referred to hereinafter as “Client”) has engaged Fancypants Design Ltd for the specific purpose of performing web development tasks on a site called ‘morrissey contracting’, including all subdirectories, domains and pages.
Fancypants Design agrees to perform web development services (referred hereinafter as “services”) agreed upon with Client which may include but are not limited to :
• Web Page Design, Layout and Production • Customization of WordPress CMS, PHP, CSS files
Client and Fancypants Design agree that Services described in this contract shall be completed for the price specified in the quote provided. Client agrees to pay Fancypants Design for Services described in quote submitted to Client once quote has been agreed upon in writing, or email by Client.
Fancypants Design reserves the right to temporarily suspend or terminate services provided to Client if payment owes more than one month.
A deposit of 50% is required before work commences on the website. The remainder is due upon completion of the website design. Client agrees to provide full payment even if they have not yet supplied all of the required content.
Any additional work not specified in this proposal or in the quote agreed upon, will be charged at a rate of $75/hr + GST or a new fee.
Warranties and Liability
Fancypants Design does not warrant the functions of Client’s Site will meet Client’s expectations of traffic or resulting business. In no event will Fancypants Design be liable to Client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate Client’s Site or any of its web pages, email or services, even if Fancypants Design has been advised of the possibility of such damages.
If agreement is canceled before work is finished, Client forfeits any payments made and may be held liable for breach of contract.
Trademarks and Copyrights
Client represents to Fancypants Design and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Fancypants Design for inclusion in web pages are owned by the Client, or Client has permission granted from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Fancypants Design from any claim or suit arising from the use of such elements furnished by the Client. Fancypants Design initially owns copyright to the assembled work of Services produced by Fancypants Design. Upon payment for Services rendered, all right owned by Fancypants Design as to Services rendered for Client’s Site transfer to the Client.
Web Developer Credits
Client agrees to allow Fancypants Design to claim credit for Services rendered by posting a link, visible to search engines, to http://fancypantsdesign.co.nz on Client’s Site and in author meta tags of clients site.
Any disputes arising from this contract will be litigated or arbitrated in New Zealand. This Agreement shall be governed and construed in accordance with the laws of New Zealand. The undersigned hereby agree to the terms, conditions and stipulations of this agreement on behalf of his or her organization. This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date indicated below or by written acknowledgement (post or scan and email).
Fancypants Design LTD Representative :
Signed : …………………………………………… Date ………………………
Client Representative : Signed : …………………………………………… Date …………………….