Design Services – Terms & Conditions
For the purposes of this Agreement the following words have the following meanings assigned to them:
"Customer", "You" and "Your" means the Registered Account Holder.
"Us", "We" and "Our" means Freeparking Limited ("Freeparking").
2.0 WEB DESIGN AND DO IT FOR YOU AGREEMENT
This entire clause relates to the Web Design Service and/or the Do It For You (DIFY) product.
2.1 REPRESENTATIONS BY US
2.1.1 Application of these Terms in respect of representations
You acknowledge and irrevocably agree that:
1. Any reliance you place on any representation(s) on other pages of the Site are subject to the terms and clarification specified in this agreement;
2. You can only expect services in accordance with the terms of this agreement, and
3. In the event of any inconsistency between the representation(s) on other pages of the Site, and this agreement, especially clause 2.0, the terms of this agreement shall prevail over the representations – and your expectations of the service shall be limited to the representations in this agreement.
Web Design and Do It For You services are provided as an economy/premium service. We may provide such services directly or via a third party. Third party services may be subject to specific agreements as supplied by them. By applying or using any service offered by us you must agree to this agreement and any agreement of our third party suppliers. The Web Design services are an online offering where individuals or entities that have signed up as clients can post specific assignments and project descriptions, including illustrative samples or other media as part of their campaign brief. The Do It For You service (any product that has been advertised as ‘Do It For You’ on our website) is an offering where a website is created based on the details provided from the client during an appointment telephone call after signup. Additional updates or revisions to the website can be requested to be done on behalf of the client from our Do It For You team. Access to edit the website will be dependent on the plan chosen.
Each package has an allocated number of concepts and revision rounds or design and content updates provided by us, which are advertised on the plans on our website. Further revision, concepts or design and content updates will only be available by upgrading to the higher package or purchasing relevant upgrade products.
Subject to the service terms and respective agreements, policies and procedures, we shall use commercially reasonable efforts to attempt to provide services Monday to Friday, 8.30AM to 6.30PM NZT with the exception of public holidays. You acknowledge that from time to time service may be inaccessible or inoperable for any reason. You agree to hold us free of any liability or indemnification that may come as a result of any inaccessibility or inoperability.
You acknowledge and agree that each website created under the Web Design and/or Do It For You services will contain a statement that the website has been created and powered by Freeparking. The coding of the site will also contain references to Freeparking. Removal of all references to Freeparking will incur an additional fee to be determined solely at our discretion.
2.1.3 Creative Brief and Responses for Web Design
You are solely responsible for preparing and posting detailed descriptions of each of your creative briefs to the website, including providing samples illustrating your creative brief and any relevant deadlines.
We are under no obligation to review a creative or revision brief for any purpose, including accuracy, completeness of information, quality or clarity. We may decide, at our sole discretion, to deny a creative or revision brief.
When you are provided with a revision, you are responsible for reviewing the revision. If you fail to promptly advise that the revision is not reasonably responsive to the creative brief, you will be deemed to have accepted the revision.
If you notify us that you think a revision is not reasonably responsive to the related creative brief, you shall then submit to us a revision brief containing information regarding amendments or modification to be made to the initial Response.
If within 60 days we do not receive a response from you, we will consider the project On Hold. When you are ready to work on the project again, it is Your responsibility to email us and we will be more than happy to assist and continue where we left off.
2.1.4 Revisions for Web Design
The purpose of the revision process is to create responses that move your project forward in the specific direction you have determined. You may request significant changes in the first and second cycles, and the responses generated might be quite different in nature from the original composition you selected. We can only apply requested revisions that are within the limitations of the product and platform to which the product is built. Further revisions (subject to the purchased plan) shall be modifications to the current composition only.
The included revisions are applicable to the initial design only and further revisions after the design completion will be charged at our discretion.
2.1.5 Design and Content Changes for Do It For You & Web Design
A design change request is changing the entire or part of the websites template or design, this includes but not limited to, theme colours, text or image relocation and/or any custom design. A content change request is updating any non-design related content on the web site, this includes but not limited to, any text, logos, images, links, buttons, map locations, page background image and/or form details.
You are solely responsible for providing detailed descriptions of the content you would like on your web site, including providing all text, images and any other content, and any relevant deadlines.
We are under no obligation to review the text or images sent to us for any purpose, including accuracy, completeness of information, quality or clarity.
When you are provided with a design or content change to your website, you are responsible for reviewing the change. If you fail to promptly advise that the Change is not reasonably responsive to the original request, you will be deemed to have accepted the change.
If you notify us that you think a change is not reasonably responsive to the related change request, you shall then submit to us a change request containing information regarding amendments or modification to be made to the initial Change.
All requested changes are within the limitations of the product and the platform to which the product is built. The amount of change requests are limited to the number that are advertised on the product purchased, any further changes will be charged at our discretion. Any renewal of these products will provide the same amount of change requests as advertised, with any existing change requests forfeited. The renewal does not include any complete redesigns or rebuilds of the website, but can be offered at a premium rate at our discretion.
We will provide monthly or annual maintenance in accordance with the service package purchased, ordered or maintained. If allocated maintenance time is not utilised during the respective maintenance schedule, they will not be carried over to the next schedule. Should the required maintenance exceed the allocation you may purchase additional time allocation in 30 minute blocks. Unused additional time allocation is not carried over and no refund will be issued for any allocation not used.
We require creative material be of sufficient quality and correct format, we reserve the right to deduct allocated time if we are forced to request re-submission. We will endeavour to advise if required maintenance appears to not be possible within allocated time but reserve the right to advise at any time that the time allocation is insufficient. Un-finished maintenance will not be published or distributed until further allocation has been purchased.
Web Design content is to be 100% supplied and installed by you. We will not, under any circumstances install or maintain content on the website and are only responsible for providing to you the design and instructions for installing/maintaining content.
The Do It For You website will be created with placeholder content relative to your industry where applicable. We will install content 100% supplied by you, including your logo, text and images. Subject to the purchased plan, you may be able to edit the site yourself with an online editor; however, we cannot be liable for any changes actioned by you and we may charge a fee to rectify any issues caused by your changes.
It is your responsibility to ensure that the content installed and held in your website is your own and does not belong to a third party, obtained without authorisation, in breach of trademark or copyright. You agree to hold us from any damages resulting from infringing content. We reserve the right to suspend or terminate any account we believe to be in breach of our Acceptable Use Policy.
Due to the software required to run the Web Sites, the Web Design and Do It For You products must always be hosted on our servers and cannot be hosted elsewhere. This means you will also not be able to retrieve a backup or local copy of the website.
2.1.8 Technical Information
Colours: The default colour model for our designs is the CMYK format unless you specify that you require PMS (Pantone) prior to the start of the project. Any format change after the start of the project will have an additional charge.
Web Design and Do It For You File Format: The source files will be held on our Hosting Services in a format which is in line with recent design and format technologies.
2.1.9 Rights to Use
Upon submission of a creative or response briefs or any other information or media provided by you in connection with your use of the service, we and our agents shall have all rights and licenses necessary to use such client Information for the purpose of obtaining responses and for archival purposes.
Upon your submission of client information to the service, you grant us and our related agents a royalty-free, perpetual, irrevocable, sublicense able, exclusive, worldwide right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display (in whole or in part), and/or incorporate in other works, in any form, media, or technology now known or later developed, such Client Information, for the full term of any intellectual property rights that may exist in such Client Information to the extent necessary to provide you with the service and responses.
Web Design and Do It For You: Ongoing service is solely dependent of your active subscription to the Web Design and Do It For You service. Failure to maintain your active subscription will result in suspension or termination of the services included with your normal subscription. You acknowledge that this may result in your web site being displayed to the public. Cancellation of the service will result is suspension or termination of the included services. Cancellation mid-term of applied service period will not entitle you to any refund. You acknowledge that all material developed by us or our third party partners belongs to and is copyright to us in accordance with copyright law. Payment of ordered services is allocated to the setup and maintenance of the services rendered in relation to the ordered service package only. You agree to prevent any unauthorised copying of any material relating to the services or resulting product. We do not grant any express or implied right to you. We reserve the right to utilise materials created through your services for any purpose, including utilising materials to promote our services via any medium.
2.1.10 Third party
We may provide Services directly or via a third party. Third party services may be subject to specific agreements as supplied by them. By applying or using any service offered by us you must agree to this agreement and any agreement of our third party suppliers. In the event of any disruption or failure to provide a service as a result of a third party, you agree to indemnify us and hold the us and the third party separately.
1. We offer this Service at budget prices on the basis we deliver a budget Service (for example, compare review of flights with JetStar and review of flights with Air New Zealand). For a premium level of Service, a premium price would need to be paid. You must contact us prior to making a purchase if you wish for a premium level of service to ensure this option is available.
2.This is not an archival service. You are solely responsible for maintaining independent back-up copies. We expressly disclaim any liability or responsibility for any loss, damage or destruction of designs, distribution lists, or any other content.
You expressly and irrevocably agree that:
a. It is your responsibility to ensure that services are utilised to their full potential;
b. It is your responsibility to ensure the appropriateness and compatibility of services that you are purchasing;
c. You have ensured that services that you are purchasing are appropriate and compatible to your needs prior to making the purchase;
d. We are not obliged to provide refunds or account credit for any service that is functional, as described, or of acceptable quality for the purpose which it is provided by us. We reserve the right, subject to these terms, to offer you:
- i. An account credit; or
- ii. A refund;
only in circumstances where a cancellation request has been filed within 72 hours, being the reasonable 'rejection period' of the purchase application being made;
e. We may offer account credit to be applied to your account as a gesture of goodwill. Account credits can only be redeemed via purchase of any service(s) available at our website.
f. We may choose, on your request to downgrade an account however no refund or account credit will be applied if outside the 72 hour rejection period where we have determined that the service provided is functional, as described, or of acceptable quality for the purpose for which it is provided;
g. You are liable to pay any administrative costs incurred by us as a result of refunding any service within the 72 hour rejection period;
h. Deposit order cancellations will result in a credit being applied to your account or result in a surcharge to be taken from the refunded amount offered;
i. Direct Deposit overpayments will either be returned via full account credit or transaction reversal minus surcharge;
Your request for refund will be denied where:
i. Service on the claim has been used illegally or outside the terms of service (spam, trojan, resource abuse resulting in a suspension, or any other way we deem to be inappropriate, including a website being compromised due to a vulnerability of an application installed by the user);
ii. We believe you have breached your agreement with clause 2.2.1(a), (b) and (c) in any way;
iii. We have sent communication to you, and we do not receive a response to our communication within 1 week of us sending such communication; or
iv. We believe the request is fraudulent.
j. We take no responsibility for any mistakes in application either on the advice of our staff, a third party or your sole decision; and
k. You are liable for the costs we incur (including legal costs on a full indemnity basis) if you make any claim in connection with or arising from services, and you have breached your agreement with clause 1.2 of these Terms in any way whatsoever at any time after indicating your agreement to these Terms.
2.2.2 Process of claiming refund
In order to claim a refund or account credit, you undertake to clearly request a refund or account credit (and provide reasons for the request) via email to us within 72 hours from the date that the Service was provisioned as defined by the invoice creation date, or within 72 hours of the dispute occurring. You understand that it is your responsibility to ensure that we have received your email within this timeframe. Generally, a response will be sent to you within a fortnight of us receiving your request, but we may convey a response earlier. You also understand that your eligibility for refund or account credit is subject to clause 2.2.1 of this Agreement.
Account credits cannot be refunded or redeemed as cash credits under any circumstances. Account credits, whether purchased by you or provided to you as a gesture of goodwill, can only be redeemed via purchase of any Service(s) available at our website.
2.3 SUSPENSION & CANCELLATION
You expressly and irrevocably agree that we reserve the right to suspend/cancel any/all Service if:
- You have any outstanding invoice or account.
- Your account is in dispute or dispute resolutions procedure, court order, judgement, findings or determination.
- You fail to comply with any provision in this agreement or those referenced in this agreement.
- There is evidence of fraudulent, illegal, defamatory, offensive activities, or any activity in breach of a third party's rights.
- We deem your use of our services may jeopardize the operation of the service, us or our suppliers.
- We deem any other reason as satisfactory to protect us, our staff and/or our suppliers.
Any suspension or cancellation is subject to clause 2.2.
If your account is cancelled under this agreement:
- You must pay all outstanding charges to us immediately.
- We may revoke/terminate any license issued to or by you in relations to the services as of the date of cancellation.
- We may immediately delete all data held prior to cancellation.
- We may perform any action without notice.
Last updated: 1 December 2021