September 2nd, 2024
These Terms of Trade ("Agreement") govern the provision of web design and maintenance services by Websonic ("Websonic") to its clients. By engaging Websonic's services, the client agrees to be bound by the terms and conditions outlined below.
1.1 Websonic promises to deliver exceptional web design and maintenance services to our clients, ensuring the creation of a functional and visually appealing website. Furthermore, we will provide effective SEO content production and associated services to enhance your online presence and visibility.
1.2 The client shall pay an initial fixed fee (Build Fee) of $1,499 NZD +GST and a monthly subscription fee based on the plan chosen. Available plans and their fees are as follows:
Starter Plan: $199 NZD per month
Growth Plan: $299 NZD per month
Elite Plan: $399 NZD per month
2.1 Starter Plan:
2.2 Growth Plan (includes Standard Plan features plus):
2.3 Elite Plan (includes Standard and Pro Plan features plus):
3.1 The client retains intellectual property rights over any domain they already own and use for their website.
3.2 If Websonic acquires a domain for the website, Websonic retains intellectual property rights over the domain.
3.3 Websonic retains intellectual property rights over the entire website developed, including design elements, code, graphics, and content.
3.4 All intellectual property, including that produced, procured, or developed within this agreement, will become the property of the client at the end of the service period or when the client exercises the buyout option as described in Section 4.
3.5 All free concepts provided by Websonic remain the exclusive intellectual property of Websonic. These concepts are intended solely for client evaluation and consideration. Unauthorized reproduction, distribution, or disclosure of these concepts, in whole or in part, is strictly prohibited without explicit written consent from Websonic. However, upon engaging Websonic for services, the client is granted permission for distribution and use of the concepts as part of the agreed-upon services.
4.1 The client has the option to buy out the website and release maintenance responsibility and all intellectual property rights associated with it. This includes but is not limited to Logos, Concepts, Typeface Licenses, Custom Branding, and Media.
4.2 Buyout prices are as follows:
Six months' fees paid upfront. Plus,
4.3 In the event that Websonic is no longer able to provide continual maintenance services due to either the death of the Director or company insolvency, the complete ownership and intellectual property rights of the website shall automatically transfer to the client, without requiring any additional purchase or buyout fees.
4.4 Websonic may not withhold access, information, or any other components that hinder the effective and timely handover in the event of any decision reached in this section (Buyout Option). Websonic shall cooperate fully with the client to ensure a smooth transition of all necessary assets and materials associated with the website.
5.1 The client agrees to promptly pay any agreed-upon invoice provided by Websonic, in accordance with the terms specified therein. The client acknowledges and agrees not to withhold payment from Websonic for any reason.
5.2 In the event of non-payment by the due date specified on the invoice, the client understands and agrees to a $35 administration fee for each subsequent missed week.
5.3 Furthermore, the client acknowledges that failure to adhere to these payment terms may result in the engagement of a third-party debt collection agency to recover outstanding funds. The client agrees to bear any additional costs incurred, including legal fees, associated with the debt collection process if the matter escalates further.
5.4 Websonic reserves the right to freeze any and all intellectual property associated with the services provided if the client fails to uphold the terms of payment as outlined in this agreement.
6.1 The client agrees to provide all necessary information, content, and approvals required by Websonic to complete the development of the website in a timely manner. Websonic will make reasonable efforts to obtain the required information by sending multiple request forms or communications outlining the critical information needed.
6.2 If the client fails to provide the requested information within 30 days from the initial request, without prior agreement or a reasonable excuse for the delay, Websonic reserves the right, at its sole discretion, to commence billing under the monthly plan selected by the client. The monthly billing shall begin as though the website development has been completed, and services under the selected plan will be considered active.
6.3 Websonic shall notify the client before initiating the monthly billing under this clause, offering a final opportunity to provide the necessary information. If the client complies within the additional notice period, Websonic may, at its discretion, delay the commencement of billing.
6.4 This provision is designed to ensure that Websonic's development resources are utilized efficiently and that the progress of the project is not unduly hindered by a lack of client cooperation.
7.1 Both parties agree to maintain the confidentiality of any information received from the other party during the term of this Agreement, which is marked as confidential or reasonably understood to be confidential, except where such information is required to be released for the purpose of maintaining the usability of the website and all associated intellectual property rights in accordance with Section 4 (Buyout Option).
7.2 This confidentiality obligation shall survive the termination or expiration of this Agreement.
8.1 Websonic shall not be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the provision of its services.
8.2 Websonic's liability, if any, for direct damages arising out of or in connection with the provision of its services shall be limited to the total amount paid by the client to Websonic for the services during the three months preceding the event giving rise to the liability.
9.1 The client may terminate this Agreement by providing written notice to Websonic. In such cases, the client shall follow the Buyout procedures outlined in Section 4 (Buyout Option).
9.2 Termination by Websonic shall not impose any financial obligations or payment requirements on the client.
9.3 Please note that the termination of the Agreement may result in the transfer of ownership and intellectual property rights as specified in Section 4.
9.4 Upon termination, the client shall pay any outstanding fees owed to Websonic for services rendered up to the effective date of termination.
9.5 Termination of the Agreement shall not affect any accrued rights or liabilities of either party.
10.1 We reserve the right to update or modify these Terms of Trade at any time. Any changes will be effective immediately upon posting on this page. We encourage you to review these terms periodically for any updates.
11.1 This Agreement shall be governed by and construed in accordance with the laws of New Zealand.
11.2 Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of New Zealand.
12.1 If you have any questions, concerns, or requests regarding our Terms of Trade, please contact us at: