Terms & Conditions
Please read these Terms and Conditions carefully before using Openbox Marketing’s services and/or website. By engaging in Openbox Marketing services or using Openbox Marketing’s website, you agree to be bound by these Terms and Conditions. These Terms and Conditions are subject to change, and it is your responsibility to check any changes.
The terms “Openbox Marketing,” “we,” “us,” and “our” in this document refers to Openbox Marketing, a legal partnership, as defined in the New Zealand Partnership Law Act 2019.
What Do Both Parties Agree To Do?
As our customer, you have the power and ability to enter this contract on behalf of your company or organisation. You agree to provide us with everything that we’ll need to complete the project – including text, images, and other information – as and when we need it and in the format we ask for. You agree to review our work, provide feedback and approval promptly too. Deadlines work two ways, and you’ll also be bound by any dates that we set together. You also agree to stick to the payment schedule set out at the end of this contract.
We have the experience and ability to perform the services you need from us, and we will carry them out in a professional and timely manner. Along the way, we will endeavor to meet all the deadlines set, but we can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on time at any stage. On top of this, we’ll also maintain the confidentiality of any information that you give us.
We will create a design for the look, layout, and functionality of your website. This contract includes one main design and two opportunities for you to make revisions to the final design. If you are not happy with the design at that point, we will provide you with an additional quote for the extra design work needed. If instead, you wish to cancel our agreement, you may do so, and we will retain the initial payment for the work done to date.
We will not be responsible for writing any text copy. We will be happy to help, but significant work on our part will result in a charge above and beyond the original price. This will not be done without your approval of an additional quote provided in advance.
If the website requires uploading products or content on the website, it will be charged extra. Please note the quote does not include the cost to upload products.
If needed, you will supply us with all photographs in digital format. If you choose to buy stock photographs, that price will be added to the initial quote. Stock photography will not be purchased without your written approval.
Changes and Revisions
We know from plenty of experience that fixed-price contracts are rarely beneficial to you, as they often limit you to your first idea about how something should look or how it might work. We don’t want to limit either your options or your opportunities to change your mind. The estimate/quotation prices at the beginning of this document are based on the amount of work we estimate we’ll need to accomplish everything that you have told us you want to achieve. If you wish to change your mind, add extra pages or templates, or even add new functionality, that won’t be a problem. However, you will be charged accordingly, and these additional costs will need to be agreed to before the extra work commences. This additional work will affect deadlines, and they will be moved accordingly. We’ll be upfront about all of this when it happens to make sure we’re all on the same page before proceeding. We may also ask you to put requests in writing so that we can keep track of changes. If the nature or functions of the project change significantly throughout the process, we reserve the right to deem the current project canceled. At this point, you will pay us in full for all the work we have done and may commission us to complete the new project based on the new requirements. This will require a new quote and contract.
We provide technical support after website completion; however, it is charged according to our standard support rates.
The proposal includes monthly website hosting fees on a premium server. Hosting consists of the latest version of PHP, the latest version of WordPress, daily backups with the restoration of the website if required, fast and efficient server speed, renewal of SSL Secure Padlock Certificate, and hacker-free security – if your site does get hacked, we’ll clean it up for free. Please note that the hosting period starts when we install the website on our test server and send a link to you for your review.
We can’t guarantee that the functions contained in any web page templates or a completed website will always be error-free. So we can’t be liable to you or any third party for damages, including lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate this website and any other web pages, even if you have advised us of the possibilities of such damages. If any provision of this agreement shall be unlawful, void, or for any reason is unenforceable. That provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
Openbox Marketing is not responsible for not completing or continuing any service due to unforeseeable circumstances, including but in no way limited to damage to the workplace, serious illness, and natural disasters. Any deposits and/or progress payments made to Openbox Marketing are non-refundable; however, Openbox Marketing may refund any payment in full, or in part, at our sole discretion.
You guarantee to us that your good selves either own any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the website or that you have permission to use them.
When we receive your final payment, copyright is automatically assigned as follows:
Openbox Marketing shall not be liable for any loss of profit, loss of business revenue, loss of potential savings, loss of goodwill, or for any indirect or consequential loss or damage or any third party claims howsoever arising in connection with this Agreement or the products and/or services whether in contract, tort or otherwise. Openbox Marketing is not liable for any problems with and/or detriment to your email resulting from your email client’s services and/or servers not being stable, secure, and/or functioning correctly. Openbox Marketing strongly recommends you use Gmail as your email client and, in doing so, ensure that you read and agree to Google’s terms and conditions.
Suppose you leave Openbox Marketing as a service provider. In that case, it is your responsibility to ensure that all your accounts, products, and assets under Openbox Marketing’s management are carefully transferred to the new owner or manager.
Neither party shall be liable to the other for failure or delay in the performance of any of its obligations under this Agreement for the time and the extent such failure or delay is caused by riots, civil commotions, wars, hostilities between nations, governmental laws, orders or regulations, embargoes, the action of the government or any agency thereof, acts of God, unforeseen storms, fires, accidents, strikes, sabotage, explosion, or other similar or different contingencies beyond the reasonable control of the respective parties, provided that this Clause shall not apply in any way to and may not excuse any failure or delay in any payment required to be made under this Agreement.
As agreed, our payment schedule will be as follows but may be revised based on further conversations between us.
- 50% of total fee upon acceptance of the quote.
- 50% of the remaining payment when the site goes live.
The project will be considered complete when we hand over access to the Administration System/backend details.
The website remains the property of Openbox Marketing until the final payment has been received.
Outstanding accounts will be placed with a collection agency, and any collection costs will be added to overdue accounts.
Any complaints with work must be expressed in writing within ten working days of the site going live.
NB: If you cannot supply all of the right content, it does not mean we have not done our job. Once the site has been completed, either with your content or placeholder images and dummy text, we will issue the final invoice. If the final invoice is not paid within the credit terms we have given you; we are under no obligation to keep the site on our testing server or continue with the project in any way.
The project has a maximum duration of 180 days. This period starts when you sign up for the contract. Suppose the project is delayed because of your non-cooperation, lack of interest, sickness, or any other unforeseen circumstances. In that case, we (Openbox Marketing) are under no obligation to continue or complete the work. Any deposits and/or progress payments made to Openbox Marketing are non-refundable; however, Openbox Marketing may refund any payment in full, or in part, at our sole discretion.
Interest accrued if payment is more than 14 days late. We reserve the right to add 5% of any outstanding balance every seven days, starting from the 15th day after receiving the completed project.