These terms are in addition to the Freeparking Web Hosting Terms and Conditions.
The following words and expressions shall have the meanings hereby assigned to them except where the context otherwise requires; All Terms defined in the Web Hosting Terms and Conditions shall have the same meaning in this document unless redefined below.
"Freeparking", "us", "we" and "our"
Means ICONZ Ltd trading as Freeparking.
"Client ", “You” and "Your"
means the party or parties who enter into this Agreement with Freeparking.
“Service”, “Website Design Service”
means the 0800 GET A WEBSITE website design services provided by Freeparking
“Published”
means the uploading of the files containing the website content to a web server connected to the Internet
2.1 The Terms and Conditions set out in this document relate only to Your use of the website design service provided by Freeparking.
2.2 Our Agreement with You also includes:
1) Our Web Hosting Terms and Conditions
2) Your application forms for the initial account and for any Services ordered subsequently or in the future, including any information supplied by You on such forms.
3) The .nz and/or gTLD Domain Name Terms and Conditions
4) Our Acceptable Use policy
5) Our Privacy Policy
6) Any other policies which Freeparking formally adopts from time to time
2.3 Freeparking reserves the right to modify, enhance and withdraw all or part of the service and alter its Policies and these Terms & Conditions. In the event of any change, Freeparking shall provide a general notice on our website and changes will become effective upon publication.
3.1 There is no money back guarantee applicable to this website design service.
3.2 Conditions of the guaranteed 10 day turnaround for Your website design are as follows:
3.2.1 The period is 10 working days and excludes weekends and public holidays.
3.2.2 The period begins when You submit your website content in its entirety using the facility we provide under My Account on our www.freeparking.co.nz website.
3.2.3 The 10 day turnaround period finishes when Freeparking publishes the website for Your review (as per 4.2 under Freeparking’s Obligations).
3.3 We will reasonably endeavour to create a high-quality and error free website but we make no guarantee as to the suitability or success of the completed website once it is published.
3.4 If You are not completely satisfied with the quality of the website design provided by Freeparking You should in the first instance notify us in writing to info@freeparking.co.nz and we will endeavour to resolve any issues to your satisfaction.
3.5 Where Freeparking has created Your website in accordance with Your chosen template and supplied content and subsequently You are not satisfied with how the website looks, Freeparking will not be obliged to make any major changes to the website without invoicing You for the additional work involved.
3.6 The Consumer Guarantees Act 1993 may apply to any Services we provide to You if these Services are of a type ordinarily acquired for personal, domestic or household use. If this Act applies, all rights You may have under it apply in addition to the rights You may have in this Agreement. Nothing in this Agreement will limit or exclude Your rights under this Act.
3.7 Where You acquire or hold Yourself out as acquiring our Services for the purpose of a business, then You agree that the provisions of the Consumers Guarantee Act 1993 will not apply to our Service or the provision of any other Services to You.
4.1 We will endeavour to create a website using Your chosen template and the content provided by You, in accordance with Your wishes.
4.2 Upon completing a draft version of the website design, Freeparking will present this to You to be reviewed online. The draft version will be deemed to be approved by You, unless you notify Freeparking otherwise in writing within 7 days.
4.3 We will complete quality assurance checks and browser compatibility checks for Internet Explorer (Version 6 and later), Mozilla Firefox and Safari.
4.4 Within thirty days of when Your approved website has been published, we will correct any error found on the website pages where the error is a result of our failure to convert correctly Your submitted content word for word. These corrections will be made free of charge.
4.5 After the completed website has been approved by You and published by Freeparking, any changes You request will incur additional fees (refer to 6.5 for hourly rate charge).
4.6 Once You have chosen a template and submitted your website content and Freeparking has commenced the design work, any request from You to change to an alternative template will incur a fee equal to 50% of the total design project cost.
5.1 You shall be responsible for providing all text, logos, images, links and any other content that is required to be incorporated into Your website. Without this information we cannot provide You with website design services.
5.2 All website material supplied by You must be in electronic format and of acceptable standard. If any work is required to correct or convert material, additional expenses will be incurred.
5.3 You must not supply any content which is in breach of our Acceptable Use Policy or infringes any other legal rights of any third party.
5.4 You agree that the website content You submit to Freeparking for us to commence design of your website will be complete and accurate. Any major changes to the content requested by You after the original content submission has been made, determined at Freeparking’s discretion, will incur additional fees.
5.5 You agree that once the completed website has been published You are solely responsible for backing up the website files and you understand that any failure to do so may result in the loss of your website content.
6.1 We will accept maintenance, re-design and update work for existing websites on a case by case basis.
6.2 Chargeable time will be broken into half-hour periods, with a minimum of one half-hour being charged.
6.3 A quotation with an estimate of the time and associated charges will be available on request. We will do our best to provide an accurate estimate of the cost, however due to unforeseen circumstances we cannot guarantee the final cost will be as quoted. We will notify you as soon as possible if we anticipate any variance to the original quoted work and will not undertake the additional work until you have accepted the changes to the original quote.
6.4 We do not offer any free additional services with website maintenance work.
6.5 We do not guarantee a ten day turnaround for website maintenance work.
6.6 You will be required to provide us with your acceptance/approval via email on completion of the maintenance work. We will not be responsible if any future work results in our updates being overwritten or lost.
6.7 Our invoice will be emailed to you upon completion of the requested work. Payment for website maintenance work will be due on the 20th of the month following the invoice date. If payment is not received by the due date we reserve the right to suspend any services provided to You until the outstanding invoice is paid.
7.1 The price of each 0800 GETAWEBSITE plan is stated on the Freeparking website at http://www.freeparking.co.nz/getawebsite. The prices listed are for a website incorporating sections of text and images provided by You into a template supplied by Freeparking.
7.2 A SiteBuilder Hosting Account for one year, as per the plan specifications available on the Freeparking website, and a domain name for one year to the value of $39.95 + GST, will be provided free of charge when ordered along with the website design service.
7.3 Any requested modifications to the supplied templates will incur additional charges of $75 per hour of work required.
7.4 Custom designed templates can be commissioned by You for a fee of $199.95. If a custom template requires images that You have not supplied, additional fees may apply for the purchase of images from an image library.
7.5 Changes to the website requested by You after the final completed site has been published will incur additional charges of $75 per hour of work required.
7.6 Website maintenance and updates to existing websites will be charged at a rate of $75 per hour.
7.7 Additional standard pages of text and images will be charged at $99.95 per page.
7.8 Additional features such as a database, member’s login area, blog etc that are not included in your plan may be considered for an additional fee. The cost will be quoted on a case by case basis.
7.9 We reserve the right to change our fees at any time. In the event of any change, we shall provide a general notice on our website and changes will become effective upon publication. Any design project in progress at the time of the fee change will be charged at the price listed on the Freeparking website at the time the order was placed.
8.1 A deposit of 50% of the total design project cost will be required before design work commences. Freeparking will generate an invoice for this amount when a new order for website design services is received and verified.
8.2 When payment of the initial 50% of the design fee has been received Your chosen domain name will be registered and the Web Hosting account will be set up and activated so You can make use of email service using Your domain name. The one year term for the free domain name and web hosting account will commence on the date these services are activated, not on the date that the completed website is published.
8.3 When You have approved the completed website design, the remaining 50% of the design fee will be invoiced. Fees for any custom modifications or non-standard extras will also be invoiced at this time.
8.4 The website files shall remain the property of Freeparking and will not be handed over to You until all outstanding fees have been paid.
8.5 Unless otherwise agreed in writing, payment of both the initial invoice for 50% of the design project cost, and the second invoice for the remaining 50% will be due within 28 days from the date of invoice.
8.6 Payment can be made by credit card, direct credit, cheque or cash.
8.7 In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) or other reversal of payment by You in connection with the Service, Your Service may be suspended without notice. A chargeback fee of $NZ50 will apply.
8.8 If we are forced to hand Your account over to our debt collection agency for collection you will be liable for these collection costs.
9.1. Freeparking reserves the right to include an acknowledgement that the website design was completed by
Freeparking, including a link to its website, in small type at the bottom of each website page of Your website.
10.1 Either party may cancel this agreement by giving the other party ten days written notice of its intention to do so.
10.2 Once the website design work has begun You shall not be entitled to a refund of the initial 50% of the design project cost. Furthermore, where the value of services provided by Freeparking exceeds 50% of the total cost at the time of cancellation, we reserve the right to invoice You accordingly.
10.3 Where You cancel the agreement and Freeparking has supplied a free domain name registration You will be required to pay $39.95 + GST to cover the registration cost.
11.1 Website Templates remain the property of Freeparking and must not be reproduced, copied or distributed to any third party without the prior written consent of Freeparking.
11.2 You retain all rights, title and interest in materials you have supplied to Freeparking for incorporation into Your website.
12.1 The free “On Page” Search Engine Optimisation work that Freeparking will perform on Your website will be done once only on five (5) pages only, and will consist of the following:
1) Meta Keyword Tags – Keywords or Phrases that best describe the primary content of the website page. These will be based on our review of your website content and what we believe to be the most relevant search phrases. Keywords are used by Search Engines to show the most relevant results when a search is completed.
2) Meta Description Tags – The Meta Description Tag is displayed in some Search Engine results to describe what the website is about.
3) Meta Title Tags – A title given to each page so that Search Engines can display appropriate title text when linking to a website page.
4) Alt Tags – Short text description of the images on your website, for browsers and crawlers that cannot view images.
5) Keyword Density - Optimising and placing significant keywords or phrases in the text of the website pages that match the Keyword Tags in 1) above.
12.2 Your website will be submitted to the following major Search Engines:
1) Google
2) Yahoo!
3) Bing
12.3 Freeparking makes no guarantee that the basic Search Engine Optimisation work performed on Your website will have any effect in gaining Search Engine Rankings. The work we perform will only prepare Your website to be indexed by Search Engines, and it is recommended that ongoing Search Engine Marketing work (such as acquiring back links) be undertaken to improve the popularity and positioning of Your website in Search Engine results pages.
12.4 Freeparking does not guarantee that the submission of Your website to the major Search Engines will result in your website being listed by those Search Engines in any given timeframe.
12.5 Search Engines can change their ranking algorithm at any time, which can affect website rankings and Search Engine Results Page (SERP) positioning. Freeparking has no control over Search Engines and therefore cannot be held responsible for SERPs changes due to algorithm modifications by any Search Engine.
13.1 In consultation with You regarding your WebStore requirements, Freeparking will make a decision as to the best WebStore Shopping Cart system to use.
13.2 If the most appropriate WebStore software is not SiteBuilder, the free Hosting Account provided will be either Lite, Plus or Professional and the ongoing hosting charges will differ from those listed on the 0800 GETAWEBSITE website landing page.
13.3 Depending on the WebStore software chosen, there may be limitations on which template designs and functionality that can be used for the creation of your website.
13.4 Additional fees may apply if You require a payment gateway to be integrated into Your WebStore that isn’t currently supported by that WebStore software.
13.5 All charges related to Payment Gateways, Transaction Processing and Merchant Account services will be invoiced by the applicable Service Provider and payment made directly to that Provider.
These Terms & Conditions were last updated on September 25th 2009.