This Agreement governs your purchase and use, in any manner, of all Website & Email hosting, Website Design, Domain Name Registration and Graphic Design Services ordered by you and accepted by QPM Design and describes the terms and conditions that apply to such purchase and use of the Services. You AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN. QPM Design reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. QPM Design may make changes or modifications to referenced policies and guidelines without notice to you. Your continued use of the Services following QPM Design posting of any changes or modifications will constitute your acceptance of such changes or modifications.
Account: QPM Design will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered by QPM Design, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. QPM Design is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our team via email. Providing false contact information of any kind may result in the termination of your account.
QPM Design will commence work when an agreement is provided either by email, telephone, or in a personal meeting. QPM Design commence work only for customers who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal agreement between QPM Design and the customer, this includes telephone and email agreements.
Quoted Prices
Our written quotation is valid for 30 days. Charges such as travel costs and incidentals where applicable are additional to our quoted prices.
Website
Upon receipt of your completed design brief / questionnaire and deposit payment, QPM Design will produce a website for you based on the design brief you provide us with and written or verbal instructions.
Deposit
A non-refundable deposit of $200, is required within 7 days. The balance will be due on completion of the project which should be within 1 calendar month of the deposit being paid.
Website Content
As we encounter hosting, data and bandwidth costs whilst your website is in development on our server we ask that your website content (logo, text, images, documents etc), be provided to us within 1 calendar month of the project start date (the project start date is the date your deposit is paid). At the end of the 1 month period we will issue our invoice for the balance and any applicable hosting costs.
If you need more time or are having trouble producing your content please let us know, we will be able to assist you.
Within our standard pricing we allow one round of content revisions to each website page once your supplied content has been laid out. We can make further changes but this is not included in our standard fees as advertised or agreed. Further changes can also be completed by you, if you have selected a hosting plan with one of our editing systems.
QPM Design reserves the right to withdraw our services if your website content or payment is not provided in a timely manner. We are not rigid and can be flexible but please keep us informed.
Payment Information
You agree to supply appropriate payment for the services received from QPM Design, in advance of the time period during which such services are provided. You agree that until and unless you notify QPM Design of your desire to cancel any or all services received, those services will be billed on a recurring basis. As a customer of QPM Design, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. Failure to pay for your services will result in your account being closed down.
Cancellations: Must be done in writing via email to [email protected]. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been cancelled.
Domain Name Renewals: It is the customer’s responsibility to notify our team via email at [email protected], after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and QPM Design cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain’s renewal. Subsequently, domain renewals are billed for renewal around 14 days before the expiry date. It is the customer’s responsibility to notify our team via email at [email protected], for any domain registration cancellation or changes to your contact details.
Please Note: No refunds can be given once a domain is renewed or registered. All domain name registrations and renewals are final. QPM Design reserves the right to change the renewal costs providing the customer prior written notice and the option to not renew.
Domain Name Registration: As consideration for QPM Design providing the Domain Name Registration Services hereunder, Customer agrees to pay QPM Design the agreed fee based on the quoted amount displayed on our invoice and a guide on our “Domain Registration Page”. All fees are in NZ Dollars and must be paid in advance. QPM Design will arrange the domain name lease for your selected period of time (usually on an annual basis). QPM Design agrees to register it on your behalf.
Please Note: No refunds can be issued for unwanted domain names or spelling mistakes once a domain has been registered.
Website & Email Hosting: As consideration for QPM Design providing the Hosting Services hereunder, Customer agrees to pay QPM Design the agreed monthly fee based on the monthly hosting services and the terms selected. All fees are to be paid in NZ Dollars, annually in advance.
Please note this is not a contract and you may terminate your hosting (and associated costs) at any time, less a $40 admin fee. Cancellations must be received in writing via email. Early website & email hosting cancellation will result in an admin fee of $40. Refunds will not be given for partial months use. Refunds for unused/cancelled hosting will be calculated from the 1st day of the following month’s unused hosting package.
The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on QPMDesign.co.nz, and the right to increase the amount of resources given to plans at any time.
Bandwidth Usage: Customer is allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
Spam: We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists”, purchased lists, and selling of lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. QPM Design reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of QPM Design.
Third Party Providers: All transactions with third party providers are solely between the visitor and the individual provider. QPM Design is not the agent, representative of you or the third party provider in any transaction. All discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. All transactions with third party providers are subject to the terms and conditions under which the provider agrees with you to provide the goods or services. You should confirm the terms of any purchase and/or use of goods or services with the specific provider with whom you are dealing.
We do not make any representations or warranties regarding, and are not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers.
Content: All services provided by QPM Design may only be used for lawful purposes. The laws of New Zealand apply. The customer agrees to indemnify and hold harmless QPM Design from any claims resulting from the use of our services. Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another’s copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email [email protected] with the information. If the request is of a licensing issue, we may require further documentation.
With the exception of any Third-Party Materials and Background Technology, Customer owns the Customer Content. “Customer Content” means all content or information (including, without limitation, any text, music, sound, photographs, video, graphics, data, or software), in any medium, provided by Customer to QPM Design. “Third-Party Materials” means any content, software, or other computer programming material that is owned by an entity other than QPM Design, and licensed by QPM Design or generally available to the public, including Customer, under published licensing terms, and that QPM Design will use to display or run a Web site. QPM Design owns the rights to the design of the web site. If a customer fails to pay for the website or services supplied the customer is not entitled to use the work provided by QPM Design for any purposes whatsoever.
Backups and Data Loss: Your use of this service is at your sole risk. Our backup service runs once a week, overwrites any of our previous backups made, and only one week of backups are kept. This service is provided to you as a courtesy. QPM Design is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on QPM Design servers.
Provision of Services: QPM Design will provide Customer with the Services ordered that are described in the written quotation supplied. Customer understands and agrees that QPM Design will host and create the website solely in accordance with the information provided by Customer.
Website, Hosting & Graphic Design Services: Every effort will be made to ensure that the website, scripts, programs and graphic design features are free of errors. However, QPM Design cannot accept responsibility for any losses incurred due to malfunction of the website or any part of it. As consideration for QPM Design providing Website Design, Hosting and or Graphic Design Services hereunder, Customer agrees to pay QPM Design the agreed fee based on the written quotation supplied and the terms as stated. All websites, programming code, graphics and graphic design work remain the property of QPM Design. Our business name – QPM Design, and a link back to our website, www.qpmdesign.co.nz will be displayed in the footer area of all websites we create and host on our server. This must remain in place unless otherwise agreed by QPM Design.
Limited License to the Background Technology: “Background Technology” means computer programming/formatting code or operating instructions developed by or for QPM Design and used to host or operate the Website or a Web server in connection with a Website. Background Technology includes, but is not limited to, any files necessary to make forms, buttons, checkboxes, and similar functions and underlying technology or components, such as style sheets, animation templates, interface programs that link multimedia and other programs, customized graphics manipulation engines, and menu utilities, whether in database form or dynamically driven. Background Technology does not include any Customer Content. Customer may not duplicate or distribute any Background Technology to any third party without the prior written consent of QPM Design. All rights to the Background Technology not expressly granted to Customer hereunder are retained by QPM Design. Without limiting the foregoing, Customer agrees not to reverse-engineer, reverse-assemble, decompile, or otherwise attempt to derive any source code of the Background Technology, except as allowed by law.
Limited License to Content: Customer hereby grants to QPM Design the limited, nonexclusive right and license to copy, distribute, transmit, display, perform, create derivative works from, modify, and otherwise use and exploit Website, any Customer Content, or any Customer Marks provided to QPM Design hereunder, solely for the purpose of rendering QPM Design Services under this Agreement. Such limited right and license shall extend to no other materials or for any other purpose and will terminate automatically upon termination of this Agreement for any reason.
Content Standards: Customer agrees not to provide Customer Content, and QPM Design will not intentionally provide to Customers any content, that (a) infringes on any third party’s intellectual property or publicity/privacy rights; (b) violates any applicable law or regulation; (c) is defamatory, violent, clearly harmful, or obscene or pornographic or infringes on citizens’ rights; or (d) contains any viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programming routines that are intended to damage or interfere with any system, data, or personal information. If Customer is international, then Customer agrees to comply with all applicable local and national laws. QPM Design reserves the right to refuse any other subject matter it deems inappropriate.
Support: QPM Design agrees to provide reasonable technical support by email or telephone to Customer during QPM Design’s normal trading hours.
Term and Termination: (a) This Agreement is effective as of the Effective Date and shall continue unless terminated; (b) QPM Design reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice if Customer materially breaches this Agreement, including, without limitation, failure to pay, and fails to cure such breach; and (c) upon the termination of this Agreement, Customer will pay QPM Design for all Services provided to Customer by QPM Design prior to termination.
Warranty Disclaimer: Except as expressly provided in this Agreement, the Services are provided “as is,” and QPM Design expressly disclaims all warranties and conditions of any kind, express, implied, or statutory, including, without limitation, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose. Interruption of Service: You hereby acknowledge and agree that QPM Design will not be liable for any temporary delay, outages or interruptions of the Services. Each party acknowledges that it has not entered into this Agreement in reliance upon any warranty or representation except those specifically set forth herein. Unless an approval process is specified herein or in a Statement, all Hosting provided by QPM Design to a Customer will be deemed accepted when delivered.
Indemnity: (a) Customer Indemnity. Customer will defend QPM Design against any third-party claim, action, suit, or proceeding alleging any breach of the covenants contained in Section . Subject to Section 11, Customer shall indemnify QPM Design for all losses, damages, liabilities, and all reasonable expenses and costs incurred by QPM Design as a result of any such third-party claim, action, suit, or proceeding. (b) QPM Design Indemnity. QPM Design will defend Customer against any third-party claim, action, suit, or proceeding alleging any breach of the covenants contained in Section 6. Subject to Section 11, QPM Design shall indemnify Customer for all losses, damages, liabilities, and all reasonable expenses and costs incurred by Customer as a result of any such third party claim, action, suit, or proceeding. (c) Mechanics of Indemnity. The indemnifying party’s obligations are conditioned upon the indemnified party: (i) giving the indemnifying party prompt, written notice of any claim, action, suit, or proceeding for which the indemnified party is seeking indemnity; (ii) granting control of the defense and settlement to the indemnifying party; and (iii) reasonably cooperating with the indemnifying party at the indemnifying party’s expense.
Limitation of Liability: QPM Design’s LIABILITY HEREUNDER SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO QPM Design DURING THE THREE (3) MONTH PERIOD BEFORE THE ACTION AROSE. QPM Design SHALL NOT BE LIABLE FOR (A) ANY LOSS OF USE, LOSS OF DATA, OR INTERRUPTION OF BUSINESS OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), REGARDLESS OF THE FORM OR ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF QPM Design HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ACKNOWLEDGES THAT THESE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND ABSENT SUCH LIMITATIONS, QPM Design WOULD NOT ENTER INTO THIS AGREEMENT.
