Terms & Conditions of Trade
NZBN 9429052747076
In these conditions unless the context otherwise requires:
- "We", "Us" and "Our" refers to Websites from Webit.
- "You" and "Your" refers to the user or client of Websites from Webit.
- "Website" refers to any web-based project created, maintained, or hosted by Webit.
- "Services" refers to all services offered by Webit, including but not limited to website design, development, hosting, and maintenance.
- "Content" refers to all materials, including text, images, audio, video, and data that are to be incorporated into the Website.
All quotations provided by Webit are valid for 30 days from the date of issue. Quotations are based on the information provided by you at the time of inquiry. Any changes to the scope of work may result in a revised quotation. Webit offers three standard packages: Basic Business Web (NZ$799), Startup Website (NZ$1499), and Custom Projects (price upon request). Webit does not provide e-commerce solutions.
A contract between Webit and you is formed when you accept our quotation by confirming in writing via email. By accepting our quotation, you acknowledge that you have read, understood, and agree to be bound by these terms and conditions. No work will commence until written acceptance has been received and any required deposit has been paid.
Webit commits to delivering the services as outlined in the accepted quotation, subject to these terms and conditions.
- We will endeavor to meet all agreed deadlines, provided that you fulfill your responsibilities in a timely manner.
- We will keep you informed of progress throughout the development process via email, which is our primary means of communication.
- We will make reasonable efforts to ensure the website functions correctly at the time of completion.
- We will provide you with the opportunity to review the website prior to publication.
- We will provide one major review cycle where substantial changes can be made if you are not satisfied with the initial design. This review must be requested within 14 days of the initial design presentation.
To ensure the success of your project, you agree to the following:
- You will provide all necessary content, including text and images, in a timely manner as requested by Webit.
- You will review the website and provide feedback within the timeframes specified by Webit.
- You are responsible for ensuring that all content provided to us complies with New Zealand law and does not infringe on any third-party intellectual property rights.
- You will communicate with Webit exclusively via email, as we operate as an email-based business.
- You will make all payments according to the agreed schedule.
- Webit offers template-based solutions (100% customizable) and 100% custom designs according to the package selected.
- Our Basic Business Web package (NZ$799) includes 1 page, mobile-friendly design, contact form, custom design, hosting at NZ$19 per month, and a free standard domain (valued up to NZ$25).
- Our Startup Website package (NZ$1499) includes up to 8 pages and all features of the Basic package.
- Custom Projects are quoted individually based on requirements and complexity.
- We provide one major review cycle during development where substantial changes can be made if you are not satisfied with the initial design direction.
- Webit may create content for your business using AI tools as needed, which will be included in the quoted price unless specified otherwise.
- All design concepts remain the property of Webit until full payment is received.
Webit develops websites that are compatible with the major browsers and devices at the time of development. Due to the evolving nature of technology, we cannot guarantee compatibility with all future browser versions or devices.
- We test our websites on current versions of Chrome, Firefox, Safari, and Edge on desktop devices, and on iOS and Android for mobile devices.
- We develop responsive websites that adapt to different screen sizes, but appearance may vary across devices.
Webit cannot guarantee that the website will display or function identically on all browsers, devices, or operating systems, particularly older versions.
If browser or device compatibility issues arise after completion, addressing these may incur additional charges at our standard hourly rate.
- Website hosting is provided at a rate of NZ$19 per month, billed annually in advance, and includes standard security measures and regular backups.
- Domain registration is included in our packages (up to NZ$25 value) for standard domains. Premium domains may incur additional costs.
- Email hosting services are available at additional cost and subject to separate terms.
- While we make reasonable efforts to ensure hosting services are continuously available, we cannot guarantee 100% uptime and are not liable for any downtime caused by factors beyond our control.
- You must Not:
- Use our hosting services for any illegal activities or to store/distribute illegal content.
- Upload malicious code or content that could compromise the security or performance of our servers.
- Attempt to access, modify, or distribute content or data belonging to other users.
- Use the hosting services in any way that consumes excessive system resources or disrupts service for other users.
Webit will perform regular software updates to maintain the security and functionality of your website. These updates are subject to the following conditions:
- Regular updates of core software are included in the monthly hosting fee for the first 12 months after launch.
- We will make reasonable efforts to ensure updates do not disrupt your website's functionality, but cannot be held liable for any issues arising from third-party software updates.
- Integration with third-party services is available but may incur additional charges and be subject to the terms and conditions of those third-party providers.
- Complex customizations or integration work is not included in standard maintenance and will be charged at our standard hourly rate.
- Services Webit can perform under maintenance include:
- Text updates and content changes
- Updating contact information
- Fixing display issues
- Security monitoring and updates
- Adding or modifying website elements
- All maintenance work is charged at our standard hourly rate, including but not limited to:
- Adding new pages or content
- Redesigning existing pages or sections
- Adding new functionality or features
- Search engine optimization
- Creating or modifying graphics
- Training on content management systems
- Content writing or editing
- Maintenance requests must be submitted via email and will be addressed according to our current workload and priorities.
- A minimum charge applies to all maintenance requests, regardless of the actual time spent.
- In the event of website damage or security breach, Webit will make reasonable efforts to restore the website to its previous state. Repair work will be charged at our standard hourly rate.
- Webit implements standard security measures but cannot guarantee complete protection against all potential security threats. We are not liable for damages resulting from security breaches that occur despite our reasonable security measures.
- If your website is compromised due to factors outside our control (such as weak passwords provided by you), repair services will be charged at our standard hourly rate.
- We strongly recommend maintaining current backups of your website. Webit performs regular backups of websites we host, but cannot guarantee the completeness or availability of these backups in all circumstances.
For websites not originally developed by Webit, we offer editing and maintenance services subject to evaluation of the existing website's structure and code.
- An assessment fee may apply to evaluate the existing website before we can provide a quote for requested changes.
- We reserve the right to decline work on existing websites if we determine they require significant rebuilding to meet our quality standards.
- For websites built on platforms or technologies we do not support, we may recommend a rebuild rather than editing the existing site.
- Editing work is charged at our standard hourly rate or as a fixed price quote depending on the scope of work.
You may request the deletion of your website at any time, subject to the following conditions:
- Requests for website deletion must be submitted in writing via email by an authorized representative of your business.
- If your hosting service is under contract, early termination fees may apply as specified in your agreement.
- Upon receipt of a valid deletion request, we will remove your website from our servers within 14 business days.
- We will provide a backup of your website content upon request, provided this request is made before deletion and all outstanding invoices have been paid.
- Domain names registered through us remain your property, subject to payment of any applicable transfer or maintenance fees.
Domain names are subject to availability and the terms and conditions of the relevant domain registrar. Webit acts as your agent in registering domains but the contract for domain registration is between you and the domain registrar.
- Free standard domain names included in our packages are subject to a value limit of NZ$25. Premium domains will incur additional costs.
- Domain names registered through Webit will be registered in your name when possible, giving you ownership of the domain.
- Annual domain renewal fees are your responsibility and will be invoiced separately from website hosting fees.
- If you fail to pay domain renewal fees, your domain name will expire and may be lost permanently. Once a domain expires, recovery may not be possible or may incur significant additional costs.
- If you wish to transfer your domain to another provider, you must initiate the transfer before the domain expires. Webit will provide the necessary authorization codes for transfer upon request, provided all outstanding invoices have been paid.
- Webit is not responsible for any consequences resulting from domain expiration or failed transfers if you have not provided timely payment or transfer instructions.
- Basic on-page SEO is included in all our website packages, including appropriate meta tags, semantic HTML structure, and responsive design.
- Webit makes no guarantees regarding search engine rankings, as these are influenced by many factors outside our control, including search engine algorithms, competition, and your content quality.
- SEO is an ongoing process rather than a one-time service, and maintaining or improving rankings typically requires continuous effort and investment.
- All prices quoted are in New Zealand Dollars (NZD) and include GST unless otherwise stated.
- Our standard pricing includes: Basic Business Web (NZ$799), Startup Website (NZ$1499), and Custom Projects (quoted individually).
- Monthly hosting fees are NZ$19 per month, billed monthly or, billed annually in advance at nz$220.
- Prices are subject to change, but changes will not affect projects that have already been quoted and accepted.
- Additional work beyond the agreed scope will be charged at our standard hourly rate or as a fixed price quote, depending on the nature of the work.
- For website development projects, a 100% deposit is required before work commences.
- For ongoing services such as hosting, payment is required monthly or annually in advance.
- Invoices are due for payment within 7 days of the invoice date unless otherwise specified.
- Accepted payment methods include bank transfer and credit card payments through our secure payment system.
- In the event of late payment:
- Webit reserves the right to charge interest on overdue amounts at a rate of 2% per month or part month.
- All costs incurred in the collection of overdue amounts, including legal and debt collection fees, will be added to the amount due and payable by you.
- Webit may suspend services, including taking websites offline, until payment is received.
- Repeated late payments may result in termination of services and contracts.
- In case of default of payment:
- Ownership of all work produced remains with Webit until full payment is received.
- Webit reserves the right to remove or disable any website or related services for which payment is overdue by more than 30 days.
- If services are suspended due to non-payment, a reconnection fee may apply when payment is eventually made.
- Webit reserves the right to report payment defaults to credit reporting agencies.
In the event of a dispute between you and Webit, both parties agree to first attempt to resolve the issue through direct negotiation. If this fails, the dispute shall be referred to mediation under the Arbitration Act 1996. If mediation is unsuccessful, the dispute shall be referred to arbitration by a single arbitrator agreed upon by both parties or, failing agreement, appointed by the President of the New Zealand Law Society. The decision of the arbitrator shall be final and binding on both parties.
Ownership of all work produced by Webit, including but not limited to website designs, code, graphics, and content created by Webit, remains with Webit until full payment has been received. Upon full payment, ownership of the final website design and content transfers to you, subject to any third-party licenses that may apply to elements incorporated in the website. Webit retains the right to use the website in its portfolio and for promotional purposes unless explicitly agreed otherwise in writing.
To the maximum extent permitted by law, Webit's liability for any claim arising out of the services provided, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall not exceed the amount paid by you for the specific service giving rise to the claim.
Webit will not be liable for any indirect, consequential, or special loss or damage, including but not limited to loss of profit, revenue, business opportunity, goodwill, or anticipated savings, even if Webit has been advised of the possibility of such loss.
Nothing in these terms limits any liability which cannot legally be limited, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, and breach of the terms implied by section 12 of the Sale of Goods Act 1908 (NZ).
As part of the website development and maintenance services provided, Webit may have technical access to form submissions, user data, and other website information. This access is necessary to provide, support, and troubleshoot the services requested by clients.
When implementing form functionality on your website, Webit may utilize third-party form processing services (such as Formbold or similar providers) which require administrative access to set up and maintain. As the technical administrator, Webit may have the ability to view form submissions for the purpose of testing, troubleshooting, or resolving technical issues.
Webit commits to accessing client data only when necessary for service delivery, when explicitly requested by the client, or when troubleshooting technical issues. All client data will be treated as confidential and will not be shared with third parties unless required for the provision of agreed services.
Form submission data will not be retained by Webit longer than necessary for service provision and technical support. Clients will be set up to receive immediate notification of form submissions directly to their specified email addresses.
Webit respects your privacy and will handle all data in accordance with the Privacy Act 2020 (NZ) and best professional practices. You retain ownership of all data submitted through your website.