Terms and Conditions
Design Garage Ltd is Trading as Digi Design on this website. By visiting our site and/or purchasing something from Digi Design, you (the Client) engage in Digi Design’s Service and agree to be bound by the following terms and conditions. By signing up to any of Digi Design’s services the Client agrees to these terms and conditions.
Digi Design will complete work in accordance with the proposal provided to the Client and within time frames agreed provided all information is supplied by the Client when required. Digi Design does not take any responsibility for incomplete or delayed work due to the Client failing to provide information.
The Client shall pay Digi Design’s subscription fee that they sign up to monthly via their credit card. Any deviation from the scope may incur an extra charge. No extra charges will be invoiced unless previously discussed with Client. The price does not include any istock photos or modules purchased as part of the job.
Digi Design’s subscription for the small website is for the use of the template. The client does not have access to edit the website or any admin abilities. The Client needs to contact Digi Design for any changes needed via email. The Client may incur costs for changes that are made by the Digi Design team.
Payment and completion of work
A subscription should be signed up for and paid online before any work will start. Payment must be paid by credit card. The Client shall pay all amounts due on the due date. If subscription payment is not paid at the renewal of each months subscription the clients website will automatically be deleted.
All services provided by Digi Design shall be for exclusive use of the Client. Digi Design will retain ownership of all templates, working and original files. The Client will have full ownership of any content on the website. The Content Management System (CMS) is to remain on Digi Design’s chosen server. You can not move any websites we create to another hosting company. Digi Design will not provide CMS or website template files. The client takes full responsibility for all copyright or trademarks of their branding.
Where the Client is acquiring Digi Design’s services for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 are excluded accordingly. The aggregate liability of Digi Design to the Client in connection with the provision of these services (whether in contract, tort or otherwise) will not exceed the total fees paid and/or owing by the Client. To the fullest extent permitted by law, Digi Design will not be liable to the Client (whether in contract, tort or otherwise) for any indirect, consequential or special loss, however arising.
Any variations to the services (including to the scope of any proposal) must be agreed in writing.
Either party can terminate the provision of services at any time by cancelling the subscription . The client is responsible for cancelling their subscription via their website account login. Cancel before the next due date to avoid additional monthly charges. If work has commenced, Digi Design will be entitled to payment for all work completed up to and including the date of termination and costs incurred.
Additional terms for websites
Cross browser checks will be completed on standard devices and browsers (including Mozilla Firefox, Safari, Chrome, iPad and iPhone) however if the Client has a specific browser or device to target it is the Client’s responsibility to inform Digi Design.
The Client is responsible for all content (including text, images and video) on the website, including ensuring that such content is not in breach of any third party rights (including intellectual property rights). The Client indemnifies Digi Design against any losses, proceedings or costs arising out of any claim made against Digi Design by any third party concerning any material provided by the Client.
Maintenance and Updates
Any maintenance or updates that are outside the scope of the design project will be charged to the Client. When updates are required Digi Design will provide estimates for this work before commencing. Any upgrade and subscription costs will be charged to the Client.
The Client is responsible for maintaining their own backups of website content and Digi Design will not be responsible for restoring any Client data or Client websites.
Hosting, Domain Names and Email Services
The Client is responsible for the purchase and renewal of their domain name(s). Digi Design will purchase web hosting on the Client’s behalf and once the Client has reimbursed Digi Design, hosting account details will be provided. Hosting will be charged from the day your website goes live or 30 days from signing the contract if there is delay in sign off due to the client. If delay is Digi Designs fault hosting will be charged from the date the website goes live. By hosting your website with Digi Design, you are agreeing to comply with all our hosting terms and conditions as set out in the proposal.
Digi Design reserve the right to change the pricing for domain name(s), hosting and email services with a minimum of 14 days notice. Either party can terminate the provision of domain name(s), hosting and email services at any time by giving a cancellation notice in writing with a two month paid notice period.
Annual renewal fees are required to be paid by the invoice due date to ensure continuity of your website, email addresses and other important services that Digi Design provides for you. If you do not pay the fees for registered domain name(s), hosting or email services Digi Design may:
– Cancel registration of domain name(s), hosting and email services; or
– Refuse to provide a service you request.
In consideration of Digi Design providing you with hosting, you agree to make payment as follows:
– The minimum term of this agreement for provision of hosting, domain names and email services is 12 months, renewable annually for further periods of 12 months. Early cancellation of services must be provided in writing with a two month paid notice period.
– Renewal notices will be invoiced one month prior to expiration of 12 month agreement with 15 days to pay the invoice.
– Provided payment of the renewal fee is made prior to the expiration of the existing agreement, supply of your domain name(s), hosting or email services will roll over without disturbance.
– Payment of renewal can be made at any time in or prior to the 15 day period. Note that payment received in the 15 day period does not change the expiration/anniversary date, which remains 12 months from the date of initial commencement of services.
– If payment of renewal fee is not received by 15 days after expiration date, your domain name(s), hosting or email services will be automatically suspended then terminated after 90 days.
Search Engine Optimisation (SEO)
The build of a website does not automatically put the Client’s website in search engines. Digi Design does not provide any guarantee of any improvement in your search engine rankings or that your website will rank for any specific keyword or keyword phrase. SEO is a specialist skill and you may also need to engage the services of Digi Design to achieve the desired search engine rankings.
Digi Design has the right to include a link to www.digidesign.co.nz in the footer of the Client’s website.
This agreement shall be interpreted in accordance with the laws of New Zealand.
Digi Design reserves the right, at its sole discretion, to modify or replace these terms and conditions at any time. If a revision is material Digi Design will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at Digi Design’s sole discretion.
By continuing to access or use our Service after those revisions become effective, the Client agrees to be bound by the revised terms. If the Client does not agree to the new terms, the Client must stop using the Service.