Overview

Here are our terms of trade.  It’s all reasonably standard, but if you’re working with us, you should probably take some time to read through so we’re on the same page.

Agreement

Please read through these Terms and Conditions carefully before using Dear John’s services and/or website. By engaging in services with Dear John , or by using Dear John’s website, you agree to be bound by these Terms and Conditions. These Terms and Conditions are subject to change and it is your responsibility to check any changes.

Dear John is the website development, maintenance, and related services arm of DIY Publishing Ltd.

The terms “DIY Publishing”, “we”, “us” and “our” in this document refers to DIY Publishing  Limited, a legal entity whose shareholders and employees have limited liability, as defined in the New Zealand Companies Act 1993.

Moral Duty of Care

Dear John has a moral duty of care to ensure products and services are provided to a reasonable standard of quality, and in a professional and timely manner. However, Dear John is not responsible for any products and/or services that are deemed by you to be unsatisfactory in any way.

Website & Email Services

Transfer of Ownership

If you do not fully complete payments that Dear John n has invoiced to you, we  reserves the right to retain full ownership of any website and/or email, including hosting services. Please note that, although Dear John  usually provides a fixed quote, prices for website services can be subject to change after work has commenced (extra costs can sometimes be incurred if, for example, there is a change of scope or strategy).

If you decide to move your website  and/or email from Dear John,  it is your responsibility to ensure that all your accounts, products and assets under Dear John’s management are carefully transferred to the new owner or manager.

Hosting Services

Dear John does not directly host the websites it creates and/or manages, and therefore cannot be responsible for any hosting changes, errors or downtime.

Payment

In most cases, projects are divided into two payments – the initial deposit  up front and the remaining balance due once the project has been completed. In some cases, such as extended projects, we may require progress payments.

Payments can be made by internet banking or online (using our secure PayPal credit card payment service – extra fees may apply).

Non-payment of an invoice in full may result in forfeiting the website and related services. We also reserve the right to charge late payment fees and the account may be turned over to our debt collection agency.

Any hour credits owing as part of a registered Website Maintenance Package will be deducted from your invoice automatically before calculating any labour charges.

Project Delay

If your situation changes and you need to put your project on hold, we will lock in your quoted price for a period of 30 days from your estimated start date. After 30 days, it may be necessary to reassess your project if rates have changed. If you decide not to proceed, all deposits are forfeited. Any graphics, layouts or mock-ups will remain the property of Dear John  and may be resold or redistributed as necessary.

Projects that are deemed ‘abandoned’ (e.g. no contact is received within a period of 30 days) will be canceled and any monies paid forfeited.

Refunds

All payments are non-refundable upon receipt. In exceptional cases we may waive this.

Revisions

When building a website you are free to request changes and we are happy to comply on the following conditions:

  • Multiple minor revisions: You are welcome to make as many minor change requests during the design phase (within reason). Minor revisions are things such as changing a font, heading, or colour.
  • Major revisions: Major revisions are changes that require a significant amount of time to complete and may include such things as requesting a different layout, background or theme design than the one initially presented to you. We allow one major revision as part of your package – revisions beyond this are chargeable time.
  • Future changes: Once the site has been completed, future changes (whether minor or major) are chargeable time. Contact us for a quote.
  • Third-party designer: We are happy to work with any 3rd-party designer you have contracted to design elements of your website however work done to a designer’s specifications is chargeable time. Please advise if you have specific budget constraints or require up-to-date billing details during the course of the project.

Communication

Communication about your website is to be primarily conducted by email. This provides both parties with a clear record of what has been discussed. If you need to talk to us, we offer limited phone contact (our number is on our contact page). We may not be available to take your call if we are currently with another client; another reason we recommend email.

We can also arrange Skype  video calling or Google Hangout at a time suitable for both parties.

Domain Registration

In some cases we may register a domain on behalf of a client. While we may be listed as the owner (with the registrar) we acknowledge that true ownership rests with the client who has paid for the domain. If a client wants their details to be listed instead we are happy to effect this change (this may incur additional costs).

Domain Renewals

In cases where we manage the renewal of domains, we will provide you with an email reminder in the month that it is due, using the email address supplied. We are not responsible for domain names that are lost due to these reminders being ignored, or any fees involved in the redemption process if this is requested. We require payment at least seven working days prior to renewing the domain.

Copyrights and Trademarks

Obtaining copyrights and permission for any photos or design elements provided by the client are the responsibility of the client. We are in no way liable or responsible for those graphics or photos.

When providing artwork, graphics, or photos for use on your site, we require that you have license to use it. This means that it must be a royalty-free stock image or custom designed artwork where the original illustrator, photographer or artist has given you permission to use their work on your site. This will apply to artwork we choose for you as well.

Authorisation

As the client, you are authorising us to install any scripts, software or programs relevant to the web design project and to access your account via either your hosting service panel or external FTP. You shall agree to provide us with the login information and passwords necessary to access your website.

Credits & Usage

All graphics, illustrations, and layouts are intended to be kept whole as given to you. Work done by us may not be used by anyone else but the specified client on the domain for which it was originally designed. All preliminary designs to include graphics, layouts, etc., which are not selected by the client remain the full property of us and may be used in future projects for other clients.

We retain all rights to display artwork in portfolios and advertising materials. Email testimonials from clients may be posted on our website.

All website and blog designs require a text link or a graphic link back to PogoStick Web Services unless other arrangements have been made. The link will remain in place until such time as that website design is no longer published on the internet.

Project Ownership

Ownership of final artwork designed by us will be transferred to the client upon final payment, unless otherwise specified by us. This does not include code or software. Copyright on all software and code remains the property of PogoStick Web Services or its otherwise respective owner.

Domains registered on behalf of clients are the property of the respective client. Transfers or change of details are available on request with any associated costs billed to the client.

Cross-Browser Compatibility

Our designs meet the standards that comply with the latest browser versions and we are not responsible for inconsistencies that may appear when older browser versions are used.

Any web site we create will be viewable in current versions of Microsoft Edge Mozilla Firefox, and  Apple Safari. We cannot guarantee error-free viewing in any browser that includes third-party plug-ins.

Compatibility is defined herein as all critical elements of each page being viewable in these browsers. Client is aware that some Internet technologies may require a more recent browser version, operating system, and brand or plug-in.

Technical Support

As part of our business we supply hosting services. This includes email services. We provide access details for a web-based email interface, and the credentials for setting up an IMAP connection with an offline email client (e.g. Outlook).

Liability

Any service purchased from Dear John is provided ‘as is’ without warranty of any kind that the web design project will be uninterrupted or error-free. In no event will we be liable to you or any third party, on any legal theory for any direct, indirect, special, incidental, punitive, exemplary or consequential damages arising out of the use of any service, graphic or code, or the use of any hosting service, service provider, telecommunications carrier, internet servers, third party e-commerce programs, or your site visitor’s computer or internet software, including, without limitation, service interruptions caused by Acts of God and/or Nature, or any other circumstances beyond our reasonable control, any lost profits, business interruption, loss of data or otherwise, even if expressly advised of the possibility of such damages.

Email Campaigns

By requesting our assistance with an email campaign you undertake that any email address lists provided have been collected in accordance with current spam laws.

Hours of Operation

Our hours of operation are variable and we reserve the right to change them as required. We work to project deadlines so if timing is critical then please discuss your requirements so we can agree on a mutually acceptable deadline that we will work to.

These terms and conditions supersede all previous representations, understandings or agreements. Terms are subject to change.

Project Consideration

We will not accept projects that we consider not a good fit for our company.

Acceptance

Please note that by submitting your payment for our services you are agreeing to all of our terms of service as written here. We reserve the right to change or update these terms at any time without prior notice.

Please contact us if you have any questions or comments regarding this policy.

General Conditions

Guarantees and Quality

Because third party service providers (e.g. Google) and the markets they operate in are constantly evolving, Dear John can not guarantee that the quality its services will last indefinitely. By agreeing to these Terms and Conditions, you accept that the quality and compatibility of Dear John’s products may be affected by new technology, legislation and other unforeseen factors.

Errors, Accuracy and Compatibility

Dear John  can not guarantee all services will be completed without error. If you become aware of any errors of any nature, you must inform Dear John with 7 working days. Dear John will correct any errors or inaccuracies but is not responsible for any adverse affect on web traffic, leads, sales, revenue or other qualitative or quantitative measure.

Dear John  tests content on various popular internet browsers, platforms and/or applications, however Dear John  can not guarantee that its content will be supported by every browser, platform and/or application (and all of their versions).

Deadlines

Dear John is responsible for providing a realistic deadline, to the best of Dear John’s knowledge, for any service upon agreement. Specified deadlines are to be treated as estimates only and Dear John is not responsible for not completing any service within any specified deadline. Changes to any deadline must be communicated with the other party within 2 working weeks.

Changes to Services

Dear John’s services rely on third party service providers (see the Third Party Websites, Services and Tools section) and changes made by these third party service providers may require Dear John  to change its services. Dear John reserves the right to change any service at any time for any reason.

Backing Up Existing Accounts and Data

Dear John’s services often requires it to work with your existing accounts, files, data and other assets (e.g. AdWords campaign, website CMS). Dear John  will try to ensure none of your existing accounts, files, data and other assets are deleted or overridden, however, it is your responsibility to ensure these are backed up so nothing can be permanently lost or corrupted.

Cyber Attacks and Malicious Behaviour

You agree not to directly or indirectly disrupt our services, employees, clients or affiliates using computer viruses, worms, bugs, malware or any code of a disruptive nature. You agree to not directly, or via a third-party, infiltrate Dear John’s website, accounts and/or servers.

Third Party Websites, Services and Tools

Dear John uses third party service providers in order to provide its services (including but in no way limited to Google Analytics, Facebook, Gmail and more). For privacy reasons, please ask Dear John  for a full list of third party service providers that we will use to complete services for you.

By agreeing to these Terms and Conditions, you also agree to the Terms and Conditions of all our third party service providers, as noted above. Dear John may accept the Terms and Conditions of these third parties on your behalf and it is your responsibility to read and agree to the Terms and Conditions of these third parties.

You give permission for Dear John to create accounts with these third parties under your name, using any information you have provided (please see the Credit Card Information section for more details).

Dear John  references third party tools on its website and other marketing collateral. You agree that, if you use any of these tools for any reason, it is at your own risk and Dear John  accepts no responsibility.

Copyright, Trademarks and Intellectual Property

Dear John  will create temporary and/or permanent copy and content for websites, ads and other services. In some cases, Dear John  will explicitly ask for your approval before continuing with a service. Otherwise, it is your responsibility to check all copy and content, and inform Dear John of any errors, typos, infringements and/or other copy or content that needs to be edited or removed.

You agree to inform Dear John of any copyright and trademarks that should or should not be used in creating your website(s), advertisement(s) and/or other products. Dear John is not responsible for any copyright, trademark or intellectual property infringements in your products. Any content provided by you must not be plagiarised, misleading or inaccurate.

Pricing

Because Dear John ’s services are usually highly personalised to each customer, prices shown on Dear John’s website, downloadable brochures and other marketing collateral are to be treated as estimates only, not as exact offers or final quotes. All prices exclude GST unless otherwise stated. Any quote you receive from Dear John  is open for acceptance for up to 2 working weeks.

Dear John reserves the right to change any prices at any time for any reason. If you are an existing customer, Dear John  will inform you of any pricing changes with at least 30 days’ notice. Some of Dear John’s services require paying third party service providers on your behalf (see the Third Party Websites, Services and Tools section).  Dear John  is not responsible for any pricing changes made by these third party service providers.

Billing

You have 7 days to make any payments, including deposits and progress payments, invoiced to you by Dear John. You agree to inform Dear John, within 7 days of being invoiced, of any failure to make a payment for any reason.

Collecting Debt

If you do not complete any payment in full within 7 days of being invoiced, we  reserves the right to engage any debt collection agency. Dear John  reserves the right to share any of your relevant information to a debt collection agency, as required for them to perform their services. In the likely event that the debt collection agency takes a commission and/or charges any collection fees, you are liable for covering these costs. You therefore agree to pay any collection fees to either the debt collection agency or Dear John  as well as reimburse us  for any commission the debt collecting agency takes. Dear John is not responsible for any adverse effects due to the debt collection process, including (but in no way limited to) harm to your credit ratings and any other collateral damage, whether foreseeable or not.

Returns and Refunds

Dear John is not responsible for not being able to complete or continue any service due to unforeseeable circumstances, including but in no way limited to damage to workplace, serious illness and natural disasters. Any deposits and/or progress payments made to Dear John  are non-refundable, however, Dear John may refund any payment in full, or in part, at our sole discretion.

Terminations and Refusal of Services

If you do not fully complete payments that Dear John has invoiced to you, if you breach any of these Terms and Conditions, or if you use our  products or services for illegal or unauthorised purposes, Dear John  reserves the right to withhold and destroy any accounts, products and assets (see the Website Services section for more details).

Dear John  reserves the right to refuse or limit service to anyone for any reason at any time. This may include individuals, groups or authorities outside of NZ.

If you leave Dear John  as a service provider and take with you any products, accounts or content (or transfer them to another third-party), Dear John will not be liable for any decrease in performance, quality, compatibility and/or function.