Welcome to Aemac Websites (referred to as "we", "us", or "our"). By engaging our services to build, host, and maintain your website, you (the "Client", "you") agree to the following Terms and Conditions.
1. Our Services
We provide affordable website design, development, secure hosting, and ongoing updates tailored for trade businesses. The specific scope of your project is outlined in our initial kickoff communication.
2. Pricing and Payments
- Upfront Setup Fee: A non-refundable fee (starting at $499 including GST, if applicable) is required before we begin the design and build process of your website.
- Monthly Subscription Fee: An ongoing monthly fee of $49 per month covers your secure cloud hosting, essential security updates, software licensing, and minor text/photo updates.
- Billing Cycle: Monthly billing begins automatically on the day your website goes live, or 30 days after the project kickoff (whichever comes first), ensuring hosting resources are secured.
- Late Payments: If a monthly payment fails or is overdue by more than 14 days, we reserve the right to temporarily suspend your website until your account is brought up to date.
3. Client Responsibilities & Content
- You are responsible for providing the necessary business information, logos, contact details, and photos required to complete the site.
- You guarantee that you own or have permission to use any text, logos, or images you provide to us. You agree to protect us from any legal claims regarding copyright infringement from materials you supplied.
4. Updates and Support
- Your $49/month fee includes reasonable minor updates to your existing website layout (such as changing a phone number, adding a new service bullet point, or swapping out a project photo).
- Major redesigns, structural changes, or building completely new pages are not included in the standard monthly fee and will be quoted separately.
5. Website Ownership and Intellectual Property
To keep your upfront setup costs exceptionally low, the business model operates under a standard software-as-a-service layout:
- Your Content: You retain full ownership of all logos, trademarks, text, and specific images you provided.
- Our Framework: We retain ownership of the underlying code, website architecture, custom design layouts, and software configurations used to build the site.
- Domain Names: If we register a domain name on your behalf, ownership of the domain remains with us until all outstanding setup and service fees are paid in full.
- Transferring Away: If you wish to cancel your subscription and move your website to another hosting provider, you are free to do so at any time after 12 months. Because the site relies on our proprietary systems, moving the site requires a migration and export process which will incur a flat administrative fee of $150.
6. Cancellation and Termination
- You can cancel your monthly subscription at any time by giving us 30 days' written notice via email.
- Upon cancellation, your website will be taken offline at the end of your current paid billing cycle, and no further monthly charges will apply.
- We reserve the right to terminate service if the client engages in illegal activity, fails to pay overdue balances, or breaches these terms.
7. Warranties and Limitation of Liability
- We use industry-standard, secure hosting infrastructure to keep your website running fast and smoothly. However, we cannot guarantee 100% uninterrupted uptime due to the nature of the internet.
- As our services are supplied strictly for the purposes of a business, the client agrees that the guarantees contained in the Consumer Guarantees Act 1993 do not apply.
- To the maximum extent permitted under New Zealand law (including the Fair Trading Act 1986), Aemac Websites will not be liable for any indirect economic loss, lost business revenue, or missed leads resulting from website downtime, server issues, or malicious third-party activity (hacking).
8. Governing Law
These Terms and Conditions are governed by the laws of New Zealand. Any disputes arising from these terms will be settled exclusively in New Zealand courts or tribunals.