Terms of Service for Coastal Web Design
1. Introduction
Welcome to Coastal Web Design ("we," "us," "our"). These Terms of Service ("Terms") govern your use of our website design and development services ("Services"). By engaging with us or purchasing our Services, you agree to be bound by these Terms, including any additional terms and conditions that may apply.
Our company is based in New Zealand and we provide website design, development, and related services to clients locally and internationally.
2. Services Provided
Coastal Web Design offers a variety of services, including but not limited to:
- Custom website design and development
- E-commerce solutions
- Website maintenance and support
- Search engine optimization (SEO)
- Domain registration and transfer assistance
- Google Business account management
- Managing Google Ads
Specific terms and conditions for individual services may be outlined in separate agreements or proposals.
3. Client Responsibilities
- Content and Materials: You, the client, are responsible for providing all necessary content (text, images, logos, etc.) required for the design and development of your website. Unless Coastal Web Design has agreed to create this content for you. If content is not provided, we may not be able to proceed with the project within the expected timeframe.
- Testing and Feedback: Once your website has been developed and is ready for testing, you will have the opportunity to review and provide feedback. You must thoroughly test the website and communicate any required changes or revisions within the agreed timeframe. Coastal Web Design will make revisions based on your feedback as outlined in the project agreement or proposal.
- Final Sign-Off: After testing and revisions, you will be required to provide final approval and sign-off on the website before it is launched. Any delays in providing feedback or final approval may result in delays to the project timeline.
- Non-compliance by the client: If the client fails to provide necessary content, feedback, or approvals within the agreed-upon timeframes, Coastal Web Design reserves the right to suspend or cancel the project. In cases of prolonged non-compliance, we may also terminate the agreement and invoice the client for any work completed up to that point. The client will remain responsible for all payments due for work performed, regardless of any delays or cancellations caused by their non-compliance.
4. Project Timeline and Delays
We will make reasonable efforts to meet the timelines outlined in our agreement or proposal. However, delays may occur due to unforeseen circumstances or factors outside of our control, such as delays in 3rd party set up, or delays in receiving content, feedback, or approvals from the client. We will notify you promptly of any significant delays.
5. Fees and Payment Terms
- Service Fees: Our fees for services are outlined in our agreement or proposal. Payments may be due at different stages of the project, such as upfront deposits or upon completion of specific milestones.
- Payment Methods: Payments can be made via bank transfer or credit/debit card. Details for payment will be provided in our invoice.
- Late Payments: If payment is not received by the due date, we may suspend or delay the work until the outstanding balance is paid in full.
6. Domain Transfer and Ownership
- Domain Registration: If we register a domain on your behalf, you will be the legal owner of the domain. We will manage the registration and renewal of the domain as part of our services unless otherwise agreed.
- Domain Transfer: If you wish to transfer your domain to another provider or discontinue our services, we will facilitate the transfer of your domain to your preferred registrar free of charge. However, you acknowledge that any transfer of the website files or the website's intellectual property may incur additional fees, as outlined in the separate agreement or proposal.
7. Cancellation of Services
- Client-Initiated Cancellation: If you wish to cancel the services at any point during the project, you must provide written notice. You will remain responsible for payment for any work completed up to the point of cancellation.
- Coastal Web Design-Initiated Cancellation: We reserve the right to cancel or suspend services if you breach these Terms, fail to provide necessary content or feedback, or if payment is not received in accordance with the payment terms.
8. Intellectual Property Rights
- Ownership of Website: unless specified in the contract Coastal Web Design will retain ownership of the final website design and content provided to us. Coastal Web Design retains the right to use the website in its portfolio or promotional materials unless otherwise agreed.
- Third-Party Licenses: If third-party services, plugins, or themes are used in the development of your website, you may be subject to additional licensing agreements. Coastal Web Design is not responsible for managing third-party licenses.
9. Limitation of Liability
To the fullest extent permitted by law, Coastal Web Design will not be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of revenue, data, or reputation, arising out of or in connection with our services or your use of the website.
10. Confidentiality
Both parties agree to keep confidential any proprietary information or materials shared during the course of the project. This includes, but is not limited to, business plans, marketing strategies, and technical data.
11. Termination of Agreement
Either party may terminate this agreement upon written notice if the other party breaches any material term of this agreement and fails to remedy the breach within a reasonable time frame. In the event of termination, all outstanding payments for work completed up to the point of termination will remain due.
12. Governing Law
This agreement shall be governed by and construed in accordance with the laws of New Zealand, and the parties agree to submit to the exclusive jurisdiction of the courts of New Zealand.
13. Amendments to Terms
We reserve the right to amend these Terms of Service at any time. Any changes will be posted on this page, and the effective date will be updated accordingly. It is your responsibility to review these Terms periodically for any updates.
14. Contact Us
If you have any questions about these Terms, please contact us at: [email protected].