Terms And Conditions
TERMS & CONDITIONS OF BUSINESS
These Terms and Conditions apply when engaging the services of Creative Kiwiz (“we”).
The client (“you”, “your”) means the person, company or other entity, buying the goods or services from Creative Kiwiz.
You agree that these Terms and Conditions (“Agreement”) and any subsequent terms and conditions issued by Creative Kiwiz shall apply to all orders for the goods and the services made by you.
Services
The services which we are to provide for you, and any specific terms, will be included in your proposal, quotation and/or invoice.
Client Care
- Strategize the most beneficial way to achieve your business goals.
- Ensure that our work is always done on time.
- Clearly inform you of the process and steps of which will be taken whilst providing our services.
- Protect your privacy and ensure all personal information is handled with care.
- Regularly update you about your campaigns or the work being carried out.
- Charge you a fair service fee, which may be discussed in our meetings.
- Ensure you are aware of the steps to take when and if you require to make a complaint.
Service Charges
Invoicing
Payment of invoices is due within 7 days from date of issue. Work will not commence until payment of invoice is made in full unless otherwise advised.
We prefer that a direct debit is set up to ensure invoices are paid in timely manner, when signing up we will offer this option.
For payment by Direct Credit:
Bank:
Account Number:
Reference: Company name and invoice number
Account Access
Creative Kiwiz will require access to your website, social media platforms and any other relevant platform when carrying out the work agreed in the proposal / quotation you receive. Creative Kiwiz will provide instructions on how to grant access where relevant and will take all measures to ensure your data is kept safe.
Intellectual Property
Our digital products and other Intellectual Property we own will remain owned by us or our third-party licensors at all times. At no time during or after this agreement terminates will you obtain any proprietary interest in relation to any of these items we own.
Creative Kiwiz may present information to you from third party sources in various formats. This includes copy, images, logos, designs, links etc. Wherever a third party holds intellectual property in material presented by us, the property remains with that party.
Content supplied by you to us, remains owned by you or your third-party licensors always. At no time during or after this agreement terminates will we obtain any proprietary interest in relation to any of these items you own. However, we may prevent or restrict your access to some or all such Content until you have paid all fees and charges owing to us in respect of any service, we supply to you.
Complaints
If you have a complaint about our services or charges, you may refer your complaint to the person in our agency who has overall responsibility for your work. If you do not wish to refer your complaint to that person, or you are not satisfied with that person’s response to your complaint, you may refer your complaint to any other director.
Hosting
Invoices & Payment
Hosting requires a monthly fixed fee is paid. This will be billed monthly. If you have requested to be billed annually, no refund is given if you cancel within the 12-month billed period.
Cancellation of Hosting Services
Hosting fees are non-refundable and are renewed automatically monthly or yearly. If you would like to cancel your hosting services, we require 30 days written notice. Once this is received, we will ensure your website files are sent to you in a ZIP file.
Domain Name Registrations & Renewals
In the case that we manage your domain, we will advise you when it comes up for renewal, you will be invoiced each year for this. If you wish to move your domain under your own care you must provide us written notice and we will request transfer of UDAI.
Please note, cancelling your domain may remove your website from being in a ‘live’ state. Be sure that you have copies of any files you want to keep before you cancel your account with us.
Websites
Packages
- WordPress Website: Theme based basic website will include a 4–7-page website.
- E-Commerce: Theme based basic website with payment method. Please note all payment method charges responsibilities are with you (the client) not Creative Kiwiz.
- SSL: Yearly renewal fee will be disclosed before the renewal which will need to be paid upfront for renewal.
Charges
Website fees must either be paid upfront in full, or the first monthly instalment fee must be paid before any work begins.
Website Updates
If you are bringing your website across to Creative Kiwiz and the framework is old, this may require additional plugins and coding to ensure the website can run smoothly. If this is required any additional costs involved will be invoiced to you.
Any additional work required on your website will incur a hourly charge of $99 + GST which covers our web developer time.
Monthly Website Packages
Should you be put on a monthly payment plan for your website, you agree to pay Creative Kiwiz each month for the agreed price until the full balance is paid. The term will be confirmed with you at signing. Creative Kiwiz will not provide any website files should you fail to adhere to the term unless full payment is received.
Website Cancellation
30 days written cancellation notice must be given to Creative Kiwiz should you wish to decide to move your website away from us. Website files and your IP will be given to you in a ZIP file within an appropriate timeframe before the switch. Any additional plugins, themes or materials associated to the website that are licensed to Creative Kiwiz remain the property of Creative Kiwiz and will not be given to you.
SEO, SMO, PPC SMO and Email Marketing
Invoices & Payment
Creative Kiwiz will invoice you for the fees for any digital marketing campaigns monthly in advance.
Third party fees payable to relevant platforms are paid directly to each platform via your credit card which must be set up before the campaign starts, unless otherwise agreed before the start of the campaign.
Disbursements and Expenses
In providing services we may incur disbursements or have to make payments to third parties on your behalf. These will be included in our invoice to you when the expense is incurred.
GST
Is payable by you on our fees.
Cancellation
30 days written cancellation notice must be given to Creative Kiwiz should you wish to cancel your services. If Creative Kiwiz have created the assets then they remain the property of Creative Kiwiz and we are not liable to provide those assets to you at cancellation.
Late Payment Fee on Overdue Invoices
A late payment fee of $30 will be charged for the additional administration work on any overdue invoices.
Failure to Meet Payments
If for any reason you are unable to meet your obligation with payments to Creative Kiwiz, please discuss with us so that we can come up with a plan. If you fail to notify us we have the right to send any outstanding debt to a third party debt collection agency to recover funds with all costs relating to this also being payable by you.
Confidentiality
We accept that certain information which you supply to us is not intended for public viewing or use (“Confidential Information”). That information obviously excludes any of Your Content which is intended to be promoted or other published online as we agree with you. You accept that we, including our officers, employees, contractors, have the right to view and use your Confidential Information (which may include Personal Information) for the purpose of supplying those Services to you which you have ordered, or for administering your account with us or in relation to this agreement.
Any information which you receive from us and which is not in the public domain must be treated as confidential information by you and must not be disclosed or otherwise used by you (other than for your own internal business purposes in relation to this agreement) without our prior written consent.
Security
Our products are supplied using some of the latest tech, including in relation to the security of the data you supply to us. However, as many of our services are supplied using the internet, and as the internet is widely acknowledged as being insecure, we are unable to guarantee that all your data as supplied to us will be kept safe and secure all the time even though we will use all reasonable measures to do so and will comply with the applicable law in this regard too. We may also use third party hosting or other service suppliers to receive, store and process your data as part of the delivery of our Services to you. You confirm that this is acceptable.
Suspensions & Terminations
You may terminate our services at any time, providing 30 days’ notice. We may also terminate our services to you at any time. Any work commissioned by the client, and subsequently cancelled or suspended for more than 30 working days, Creative Kiwiz will be entitled to payment in full for the portion of work completed up to the date of termination and all expenses incurred up to that date.
Indemnity
You, the client, agree to defend, indemnify and hold Creative Kiwiz, its sub-contractors, partners, and the respective directors, officers and employees of each, harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys’ fees and court costs) arising out of or relating to your breach of any of these Terms or use by you or any third party of the services, except to the extent the foregoing directly result from Creative Kiwiz own gross negligence or wilful misconduct. Creative Kiwiz reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, the client.
Limited Liability
In no event shall Creative Kiwiz be liable to you for any indirect, special, exemplary or consequential damages, including any implied warranty of merchantability or fitness for a particular purpose or implied warranties arising from course of dealing or course of performance, lost profits, whether or not foreseeable or alleged to be based on breach of warranty, contract, negligence or strict liability, arising under this agreement, loss of data, or any performance under this agreement, even if such party has been advised of the possibility of such damages and notwithstanding the failure of essential purpose of any limited remedy provided herein. Creative Kiwiz makes no warranty of any kind, whether express or implied, with regard to any third-party products, third party content or any software, equipment, or hardware obtained from third parties
Not happy with the terms and conditions?
You will let us know if any of these terms are unclear or you would like to alter the terms in any way.
Additional Information
Services not outlined in a Quote, Agreement or Sales Order will be deemed as Additional Services.
Additional services can be requested at any time and will be accepted via email or phone. It is understood that you accept the terms and conditions in doing so.