Māui Studios Terms and Conditions
The following terms and conditions apply to all service offerings provided by Maui Studios Aotearoa Ltd (herein referred to as “Maui Studios”), to the Client.
1. ACCEPTANCE
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote from Maui Studios, then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full. Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
2. SERVICES AND CONDUCT
Where Maui Studios performs work for a client, it will ensure that competent and suitably experienced personnel carry out all work, in a professional manner and in accordance with appropriate standards.
While Maui Studios will make every endeavour to ensure a fully professional approach to all work carried out, Maui Studios shall not be liable for any consequences of the provision of services to the client, except for consequences arising as a direct result of the proven negligence on the part of Maui Studio’s.
3. CHARGES
Charges for services to be provided by Maui Studios are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Maui Studios reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of 50% of the project quotation total before the work is supplied to the Client for review. The remaining 50% percent of the project quotation total due upon completion of the work, prior to upload to the server or release of materials, unless otherwise arranged in advance and confirmed in writing.
4. CLIENT REVIEW
Maui Studios will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Maui Studios otherwise within ten (10) working days of the date the materials are made available to the Client.
5. TURNAROUND TIME AND CONTENT CONTROL
Maui Studios will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon Maui Studios receiving initial payment, unless a delay is specifically requested by the Client and agreed by Maui Studios.
In return, the Client agrees to delegate a single individual as a primary contact to assist Maui Studios with progressing the commission in a satisfactory and expedient manner. During the project, Maui Studios will require the Client to provide website content; text, images, movies and sound files
6. FAILURE TO PROVIDE REQUIRED WEBSITE CONTENT
Maui Studios is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently.
If you agree to provide us with the required information and subsequently fail to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so.
NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.
7. OWNERSHIP OF FINAL PRODUCT
Ownership of the products supplied as part of this service is retained by Maui Studios until payment in full for the service supplied is received. You shall hold the goods for us as a fiduciary owner. Notwithstanding any period of credit allowed by us.
Upon default in any payment due by you to us or, either before or after any period of the credit expires, upon you becoming insolvent or having a receiver appointed or going into liquidation, we may enter upon the premises where the products are kept and recover possession of the products and resell the same.
8. INTELLECTUAL PROPERTY
Nothing in these terms will function to transfer any of either party’s Intellectual Property rights to the other party, and each party will retain exclusive interest in and ownership of its Intellectual Property developed before developed outside the scope of engagement.
Maui Studios reserves the right to retain Intellectual Property developed but not delivered as final product to the client.
9. PAYMENT
Project start date yet to be decided, deliverable dates to be established. Dates can be delayed if the client fails to deliver content or communication.
Quotes must be accepted via written client notice to commence the project. We require 50% upfront before we commence the project, unless a prior arrangement has been made. Invoices do not expire.
Invoices will be provided by Maui Studios upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of 2% of the outstanding balance per month of the total amount due.
In circumstances where an expected project end date has been agreed upon with the client, either via email or other proposal documentation, Maui Studios reserves the right to raise and send invoices prior to project completion, where delays to the project are directly attributable to client communication or failure to provide requested documents/imagery/information.All expenses, including collection costs from obtaining the services of a debt collection company and/or legal fees in relation to any overdue amount will be added to your account and you as the client are liable for its payment.
10. ADDITIONAL EXPENSES
Client agrees to reimburse Maui Studios for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.
11. DEFAULT
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Maui Studios’ Web space, Maui Studios will, at its discretion, remove all such material from its web space. Maui Studios is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Clients with accounts in default agree to pay Maui Studios reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Maui Studios in enforcing these Terms and Conditions.
12. WEB BROWSERS
Maui Studios makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome, etc.). Client agrees that Maui Studios cannot guarantee correct functionality with all browser software across different operating systems.
Maui Studios cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Maui Studios reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
13. TERMINATION
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
14. PRIVACY ACT 1993
The Client and the Guarantor/s (if separate to the Client) authorises Maui Studios to:
collect, use and retain any information about the Client, for the purpose of assessing the Client’s creditworthiness or marketing products and services to the Client; and
disclose information about the Client, whether collected by Maui Studios from the Client directly or obtained by Maui Studios from any other party, to any other credit provider or any credit reporting agency for the purposes of providing or obtaining a credit reference, debt collection or notifying a default by the Client.
15. INDEMNITY
All Maui Studios services may be used for lawful purposes only. You agree to indemnify and hold Maui Studios harmless from any claims resulting from your use of our service that damages you or any other party.
16. COPYRIGHT
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Maui Studios the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Maui Studios permission and rights for use of the same and agrees to indemnify and hold harmless Maui Studios from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Maui Studios that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
17. STANDARD MEDIA DELIVERY
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Maui Studios to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.
18. DESIGN CREDIT
A link to Maui Studios will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than $5000, a fixed fee of $500 will be applied. The Client also agrees that the website developed for the Client may be presented in Maui Studios’ portfolio.
19. ACCESS REQUIREMENTS
If the Client’s website is to be installed on a third-party server, Maui Studios must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
20. POST-PLACEMENT ALTERATIONS
Maui Studios cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
21. DOMAIN NAMES
Maui Studios may purchase domain names on behalf of the Client where requested to do so. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Maui Studios. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
22. GENERAL
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s e-signature and/or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
23. SOCIAL MEDIA MANAGEMENT
Social Media Marketing and Management is defined as helping a client to promote their products or services through social media channels. Maui Studios will honour the components of your chosen social media package, providing an agreement to a minimum 3 months contract is served and monthly payments are received in advance. In the event that payment is not received on time, we regret that further work will be halted until this is rectified.
24. LIABILITY
Maui Studios hereby excludes itself, its Employees, Suppliers and Contractors from all and any liability from:
Loss or damage caused by any inaccuracy;
Loss or damage caused by omission;
Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of Maui Studios to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
25. SEVERABILITY
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired, and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid,