Terms & Conditions

1 Your website will be developed based on a template or design as identified & signed off in the in the website development document, changes in brief or design will incur additional charges.

2 Additional functionality or programming requested that falls outside those identified and agreed in the website development document, will be quoted and completed at agreed rates.

3 Website design & development does not constitute an agreement to make ongoing website updates, improvements, enhancements or changes unless specifically stated as part of a maintenance plan. For the avoidance of doubt, this includes (but is not limited to) ongoing website maintenance, subscription costs, plugin updates, framework upgrades, website training, hosting costs, domain renewal costs or any other cost or service reasonably related to ongoing website upkeep & management. adquire advises all website development clients to recognise the importance of having a regularly updated & secured website. Therefore it is recommended that all websites have a maintenance plan in place or that this maintenance is completed regularly in-house or by a website administrator.

4 Training will be provided to the extent as identified in the website development document, if additional support, maintenance and/or training is required, this can be completed on their respective subscription or hourly costs.

5 Adquire will place a site designed by adquire link in the website footer. adquire, from time to time may choose to feature or reference the website in our recent projects or showcase the website is promotions or on our website (www.www.adquire.co.nz).

6 Search engine optimisation (SEO) is not included in website design, adquire are not responsible for obtaining listings on Google or other search engines. We will ensure your site is indexable by major search engines, if you would like to improve website rankings then a separate SEO service is available and can be discussed. SEO includes items such as renaming images, developing & adding meta descriptions, content development, submission & updates to search engines, sitemaps, robots.txt files.

7 Browser & Mobile rendering, there could be differences in fonts, colours and layouts between different browsers & user settings, including (but not limited to) limitations of the browsers themselves. Mobile sites may also display differently to the desktop versions and slight variations can occur including mis-alignment and distortion on certain mobile browsers. If you would like your website’s mobile version to be further optimised & adapted for mobile functionality then this can be completed at the standard service rate or quoted on a project by project basis.

8 Content development, unless specified, detailed & agreed in the website development document, as standard, content, including (but not limited to) text, icons & images is to be provided by the client. Adquire regularly develops content for websites however this is not included as standard with the website design/development process unless stated.

10 Trademarks & Copyright, adquire takes no responsibility for any issues relating to the copyright and any copyright infringement of any material provided to us by the client, subsequently, it is up to the client to check the copyright of the material on the website to ensure there are no breaches. Adquire will not be held accountable for copyright infringement or breaches. Where a court order or legal instruction is received, costs for the removal, changing or updating of copyrighted material will be performed at the standard hourly rate.

11 3rd party apps & plugins, as part of the website development Aquire could, and routinely does incorporate certain 3rd party plugins, themes or other programs that enable or enhance certain website design, functionality or usability. Where these are included, some 3rd party plugins, themes or other programs might attract a monthly, annual or lifetime subscription cost. Ongoing payment of these subscriptions can be managed by adquire at an agreed rate or self-managed and paid for by the client directly with the 3rd party. Adquire makes no guarantee that the 3rd party apps & services incorporated will continue to be available, maintained or updated and it is the responsibility of the client to ensure subscriptions are kept up to date. Costs for the removal or replacement of 3rd party plugins/themes, apps can be completed at the standard hourly rate.

12 Acceptance of 3rd party terms, in using the 3rd party plugins, apps, and themes you agree to agree to the relevant 3rd party’s terms & conditions.

13 Acceptance of general terms & conditions, by utilising adquires hosting services the client agrees to the general terms & conditions.

14 Payment terms, all prices quoted are excluding GST and in NZD. Hourly rates for professional services, (Unless otherwise agreed in writing) the standard rate for general website modifications, updates, troubleshooting, support & training is $145+Gst per hour during normal business hours which are Monday to Friday 9am-5pm. Urgent or after hours services where required attract an additional $55+gst per hour. Advanced development & configuration services, where required are approached on a case by case basis with a minimum charge of $185+Gst per hour.

15 Automatic renewal, unless mutually agreed otherwise the service will renew automatically at the end of the current terms for the same period on the same terms & conditions.

1 any instructions received by adquire from the client for the supply of hosting services shal constitute acceptance of the terms & conditions.

2 Hosting services are designed to serve the web hosting needs of small & medium sized business websites. It is not appropriate to use the service to support large enterprises with a sustained demand,

3 The hosting is only to be used used for the developed WordPress websites, it is not intended to store 3rd party databases, software or technology.

4 Fair use. Data storage and bandwidth allocations / limits are staggered at different levels. Clients cannot intentionally use excessive bandwith or disk storage or obstruct our ability to provide others with data & storage. Depending on the respective service level, current allocations & costs are;

Bronze : (suitable for small sized business): 1.5gb disk space, 2.5 gb monthly traffic.

Silver : (suitable for small/medium business): 2.5gb disk space, 5 gb monthly traffic.

Gold : (suitable for small/medium business): 5gb disk space, 10 gb monthly traffic.

E-Commerce: (online shop): 10gb disk space, 20gb monthly traffic.

Custom: as agreed in writing

If you breach this fair use policy adquire will notify you, if you continue to breach the fair use policy we will work with you to increase the service level at an agreed rate or impose limits on your disk/bandwidth usage. Our judgment on any breaches of the fair use policy will be at our sole discretion. If the website requires a higher allocation due to an anticipated special event or popularity increase then please notify adquire so we can notify you of the cost increase and upgrade limits accordingly to avoid disruption.

5 Hosting access: as adquire’s hosting service is only intended & configured for use with clients WordPress websites, we will ensure you have an administrator login to the website (where requested) however back end hosting configuration and management will be performed by adquire or (at our discretion) a contracted 3rd party service provider. It is understood we are unable to give access to the server or back end for security purposes.

6 Web hosting services do not constitute an agreement to make website updates & improvements including (but not limited to) website updates, improvements, enhancements or changes unless specifically stated as part of a separate maintenance plan. For the avoidance of doubt, this includes (but is not limited to) ongoing website maintenance, subscription costs, plugin updates, framework upgrades, website training, hosting costs, domain renewal costs or any other cost or service reasonably related to ongoing website upkeep & management.

7 Backups are run daily. Each backup is stored for 7 days before being overwritten, the backup is not intended as a full and final backup of your website, and we strongly recommend that you back up your site(s) independently to another location independent of your website hosting account (an off-site backup). Adquire is not responsible for the success of backups and these are performed on a best endeavours basis.

8 SSL certificates, where available adquire will enable an SSL certificate on the website in addition to the hosting service, this service is provided on best endeavours basis. Hosting services do not include troubleshooting for SSl certificates where the troubleshooting would need to happen on platforms or services not provided by adquire. The installation will be completed once, for additional configurations (if required) will be charged at the standard hourly rate of $145+Gst per hour.

9 Lawful Use only, hosting cannot be used to display adult content nor can it be used to carry out or support any illegal activities. Transmission of material that infringes on the rights of any third party is also prohibited. Adquire at our discretion retains the right to restrict the transmission of such content if we become aware of such content.

10 Service Terms (unless specified) terms for all WordPress website hosting is provided in 4 weekly cycles.

11 Automatic renewal, unless mutually agreed otherwise the service will renew automatically at the end of the current terms for the same period on the same terms & conditions.

12 Termination. Adquire retains the right to terminate & deactivate website hosting services at our discretion without prior notification.  Clients are to give at least 28 days notice of cancellation in writing, where a written request is received hosting services will be terminated at the completion of the billing cycle that falls after the 28 notice period.

13 acceptance of general terms & conditions, by utilising adquires hosting services the client agrees to the general terms & conditions.

Managed Website Terms & Conditions

Due to the nature of WordPress websites, adquire recommends updating all core, themes, plugins & subscriptions to ensure security venerabilities are minimised and that a website operates and functions correctly. Adquire offer a website maintenance programme which includes.

Managed services include Daily backups & realtime website monitoring, Image compression, Bot protection, weekly theme & plugin managed checks + updates, with backups taken prior to actioning updates, checking of website after updates are completed.  Subscription management. Malware scanning & detection. Periodic reporting & analytics.

Maintenance service levels reflect the hosting level, ie bronze WordPress hosting is paired with the bronze maintenance option. Current pricing for website maintenance services are below.

Bronze $109

Gold $149

Platinum $189

E-commerce $289

When applying updates, rarely will it cause issues. Adquire will take a backup of the site prior to any updates before completing any updates. If issues are found, which can range from minor cosmetic changes to severe breakages, adquire will restore the site to the previously stable state and contact you. Any fixes required are out of scope of the maintenance service, we will contact you regarding what is required and quote for a solution.

Plugin renewal fees & subscriptions. Occasionally plugins, updates & themes require license fee renewals and those costs are not included In adquires website maintenance package (unless agreed in writing) we will contact you to approve these costs before proceeding.

Website updates are aimed at ensuring the website is up to date, however adquire take no responsibility for malicious attacks on the website or for issues outside of adquires control. All maintenance services are performed on a best endeavours basis, adquire will not be liable for any damage or loss caused as a result of this service.

General Terms & Conditions

Support

Support is available Monday – Friday 9-5 and is charged at a standard hourly rate of $145+Gst per hour, with a minimum charge of .5 hours to cover administration costs. After hours services and requirements outside of normal business hours attract an additional $55+Gst per hour charge.

Development costs: Advanced development & custom configuration services, where required, are approached on a case by case basis however unless otherwise stated the standard rate for website design & development is $185+Gst per hour.

Warranties.

adquire makes no warranties or representations of any kind, whether expressed or implied for the services provided. Adquire does not offer any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by the Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause, or errors or omissions. We also deny any responsibility for any damages arising as a consequence of service unavailability.

Confidentially.

adquire will not without written permission disclose any of the customers confidential information unless required to do so by law, where requested adquire will return or destroy any documents supplied, this clause will survive the cancellation of any services.

Applicable law.

This agreement shall be interpreted in accordance with the laws of New Zealand.

Termination & Cancellation.

Suspension of services. We may from time to time without notice, suspend the service or disconnect or deny access to the services due to any technical failure or maintenance event or in the case that the client breaches the terms set out. If suspension of the services is due to a breach of these terms then we reserve the right to enforce the suspension until, at our sole discretion, the client is no longer in breach of these terms or the breach has been remedied. If services are suspended all fees, charges will remain payable.

Limitation of damages.

Recovery of damages from adquire may not exceed half the amount of fees it has collected on the account in the previous 12 weeks relating to website hosting or maintenance services and half the cost of any website development services.

Changes to these terms & conditions.

Updates to terms and conditions may be made from time to time, and will be displayed on our website (www.www.adquire.co.nz) you agree to be bound by these terms & conditions. It is your responsibility to keep yourself informed of any changes.

Survivability

If any one or more of the provisions of this agreement shall be held to be invalid, illegal or unenforceable; the remaining provisions of this agreement shall not be void for this reason alone. The invalid, illegal, or unenforceable provision shall be replaced by a mutually acceptable provision which reflect’s the original intention of the parties.

Force Majeure.

Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labour disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.