Standard terms & conditions

These are the standard terms and conditions for Website Design and Development and apply to all contracts and all work that is undertaken by Boost Social ® for its clients.

Our fees & deposits For Website Builds

A 50% deposit of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the website design and development work. The remaining 50% shall become due when the work is completed to your reasonable satisfaction but subject to the terms of the “approval of work” and “rejected work” clauses. We reserve the right not to commence any work until the deposit has been paid in full. 

The 50% deposit is only refundable if we have not fulfilled our obligations to deliver the work required under the agreement. The deposit is not refundable if the development work has been started and you terminate the contract through no fault of ours.

Website Maintenance, Troubleshooting and Bug Fixing

Website maintenance and troubleshooting services are carried out on a best effort basis. This includes updates, performance improvements, bug fixes, plugin adjustments and general problem solving. While every effort is made to resolve issues quickly and safely, some tasks may require additional time, third party support or further investigation.

Any work completed outside of a fixed monthly maintenance plan is billed at our standard hourly rate. Time spent on diagnosing issues is treated the same as time spent fixing them. If a bug or error is caused by a third party plugin, hosting provider, external service or previous developer, additional time may be required.

For existing clients, we will always ensure a full backup is completed before any updates or maintenance work is carried out. This is done in two separate backup locations for added security and to protect against data loss.

We are not responsible for downtime or unexpected behaviour that results from outdated software, incompatible plugins, unsupported custom code or changes made by the client or any other party. Clients without an active maintenance relationship are responsible for ensuring backups are in place prior to any work being started. If backups are not available, we can assist with setting these up as a separate service.

By requesting maintenance or troubleshooting work, the client accepts that some issues may require paid plugin updates, hosting upgrades or replacement tools to complete the fix. These costs are not included unless stated.

General Rates

Our standard rate for website work, maintenance tasks, troubleshooting and general development is $120 per hour.

Existing clients on one of our maintenance plans receive a reduced rate of $90 per hour. Each maintenance plan also includes 15 minutes of free bug fixing or troubleshooting per month. Any time required beyond the free allowance is billed at the applicable hourly rate.

Our office hours are 9.00 am to 5.00 pm, Monday to Friday. Work requested outside of these hours is subject to availability. Emergency evening or weekend work can be performed when possible. This work is billed at time and a half for existing clients on a maintenance plan, and at double time for clients who are not on a plan.

Supply of materials

You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include but are not limited to, photographs, written copy, logos, and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.

Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.

Variations

We are pleased to offer you the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification.

Our website development phase is flexible and allows certain variations to the original specification. However, any major deviation from the specification will be charged at the rate of NZD$90.00 per hour.

Project delays & client lability

Any time frames or estimates that we give are contingent upon your full co-operation and complete and final content in photography for the work pages. During development, there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.

Approval of work

On completion of the work, you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the 50% balance of the project price will become due.

Rejected work

If you reject any of our work within the 7-day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.

Payments

Upon completion of the 7-day review period, we will invoice you for the 50% balance of the project.

Warranty by you as to ownership of intellectual property rights

You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names, and trademarks, or any other material that you supply to us to include in your website or web applications.

You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.

Licensing 

Once you have paid us in full for our work we grant you a license to use the website and its related software and contents for the life of the website.

Search engines

We do not guarantee any specific position in search engine results for your website. We perform general search engine optimization according to current best practice.

Consequential loss

We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.

Disclaimer

To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of Boost Social ® under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.

Subcontractors

We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.

Non disclosure

We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.

Additional Expenses

You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third-party software, stock photographs, fonts, domain name registration, web hosting, or comparable expenses.

Backups

You are responsible for maintaining your own backups via your own hosting portal with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.

 Ownership of domain names & web hosting

We will supply to you account credentials for domain name registration and/or web hosting that we purchased on your behalf when you reimburse us for any expenses that we have incurred.

Governing Law

The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of New Zealand. You and Boost Social ® submit to the non-exclusive jurisdiction of the courts in and of New Zealand in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.

Cross browser compatibility

By using current versions of well-supported content management systems such as “Wordpress”, we endeavor to ensure that the web sites we create are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome, and Safari. Third-party extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best-effort basis, where any incompatibilities are found.

E-commerce

You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Boost Social ® and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.

Termination

You are free to cancel your agreement with Boost Social at any time, and the steps for cancellation are as follows:

• Notify us in writing

• For Monthly Customers – Cancel your subscription via your chosen payment method (Any outstanding balance will need to be settled within 30 days to avoid interruption to your website)

• Any overdue bills not settled within 6 months will occur a late penalty fee of $15 per month until payment is made to settle the account.

• The website service will cease 30 days from your cancelation date, at this time if the remaining balance has been settled you will now fully own your website, we will then transfer the ownership details and logins to you.

• Boost Social reserves the right to terminate any website project by giving 30 days’ written notice.