June 27, 2020

Terms and Conditions

We will always attempt to amaze you; however, it is essential that you know and understands the terms and conditions of using our services. We value your customer service, and these terms and to help keep up the fantastic experience and customer service while completing your work.


Overview
Jada Tech Solutions Limited will help you undertake the tasks set out in our correspondence for the price we quote in our communication with you. If there is no written record of pricing, the fallback pricing is that set out on our website.

Business

  • We have the skills to do everything we’ve agreed to do for you, and we’ll do it all in a professional and timely manner.
  • You’ll give everything we let you know we need to complete the project promptly. 
  • You’ll review our work, provide feedback and approval on time.
  • If there are deadlines, they work both ways, so we’ll both be bound by dates we set together. As a general rule, these will be flexible, but if you have a firm deadline, you need to make that clear to us and do everything you can to help us hit that deadline.
  • You agree to stick to our payment terms and timelines set out below.
  • We’ll respect your confidentiality - particularly wherever you specifically indicate it is a sensitive privacy project.


Payment Terms
As a small business receiving prompt payment of our invoices is super important to us. You agree to stick to the payment terms that are set out below and on our invoices:

For larger projects like website design and graphic design

  • We always ask you to pay a 50% deposit upfront. This is due at the time the project is started and is non-refundable.
  • The remainder of these invoices is always due on completion of the project, or within 90 days of the invoice being issued. This, of course, assumes that the hold up with the project is at your end and not our end. We always aim to have our projects turned around in a month, so if it’s hit 90 days, we want that final payment in to keep you committed to getting your project sorted. Honestly - it’s as much for us as it is for you!


For smaller jobs, recurring fees and hosting

  • We’ll set the payment date in the invoice. For a monthly invoice that’s usually 15 days from the date of the invoice issuing, while for yearly invoices it’s likely to be 30 days. Either way - we’ll make that clear.


If you change your mind along the way and cancel the build with us, we’ll charge you for the time we’ve spent on the build-up to that point, and that will be due at that point.

If you change the scope of the project along the way and it’s going to cost more than we originally quoted you, we’ll let you know at that point and provide a revised quote and invoice for that additional work.

For any of the ongoing services we provide, if you fail to make timely payment, we reserve the right to cease that service. For example - if you don’t pay your website hosting fee, we will turn that website hosting off (taking the website offline).

We also understand the pains of small business - so if you can’t hit the above timeframes, we’d rather know. We’ll always work with our clients to come up with a payment schedule that works for them. However, unless something else is agreed to, the above will apply, and we’ll reserve the right to chase any funds owing.

Content
Unless agreed separately, we’re not responsible for creating all the content for your website, graphic design or online advertising. We can provide stock photography for your site, and there will always be times when we help out with content. However, as a general rule, it’s your responsibility to provide us with the text and images for the project. You must have the permission/right to use any content you provide us to put in your project. We take no responsibility on this front - so if you don’t have permission to use the content you provide us and get chased - that liability is on you!

The price of your design includes us assigning you the right to use any stock photography we acquire on your behalf, but only in the context in which those images have been used (e.g. on a website).

The technical details
When it comes to website design, there is a vast range of different browser and computer/phone combinations in the world. We aim to build a site that is compatible and looks great on the majority but will never be able to test every combination of browser and device. 

Unless we tell you otherwise, our websites are hosted with Vultr Cloud Computing (VPS) or Namecheap's Easy WP and designed using WordPress, our domains are with Discount Domains, and our email service preference is Google Suite or Microsoft 365 Business or MX Route. Being large companies, they have very robust systems and security that you get the benefit of. If there is ever an issue with your online service, contact us, and we can contact them.

Don’t expect your website to show up the top of Google on day one. We set our sites up to be seen well by Google, but appearing in search results always takes time. If you want us to help speed that up with a Search Engine Optimisation plan - let us know.

For any online advertising we do for you, we’ll split your budget between our time and actual advertising spend. That split will be at last 50% advertising spend, 50% our time - but will often be weight far more towards your advertising budget.

The legal stuff
We’ll carry out our work in accordance with good industry practice and at the standard expected from a knowledgeable person with relevant experience. That said, we can’t guarantee that our work will be error-free and so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them.

Your liability to us will also be limited to the amount of fees payable under this contract. You won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages.

Finally, if any provision of this contract shall be unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.

Intellectual property rights
To be clear, “Intellectual property rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such powers and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.

First, you guarantee that all elements of text, images or other artwork you provide are either owned by yourself or that you have permission to use them. When you provide version, images or other artwork to us, you agree to protect us from any claim by a third party that we are using their intellectual property.

We guarantee that we either own all elements of the work we deliver to you or we have obtained permission to provide them to you. When we provide text, images or other artwork to you, we agree to protect you from any claim by a third party that you are using their intellectual property. Provided you have paid for the work, and that this contract hasn’t been terminated, we will assign all intellectual property rights to you as follows:

You will own the website we design for you plus the visual elements that we create for it. You own all intellectual property rights of text, images, site specification and data you provided unless someone else owns them.

We will own any intellectual property rights we have developed before, or developed separately from this project and not paid for by you. We will own the unique combination of these elements that constitutes a complete design, and we will license its use to you, exclusively and in perpetuity for this project only, unless we agree otherwise.

Displaying our work
We love to show off our work, so we reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio and in articles on websites, in magazine articles and books.

Small Print
Neither of us can transfer this contract to anyone else without the other’s permission.

We both agree that we will adhere to all relevant laws and regulations concerning our activities under this contract and not cause the other to breach any applicable laws or regulations.

These terms stay in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.

This contract is a legal document under exclusive jurisdiction of New Zealand Courts.

Copyright © Jada Tech Solutions
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