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 & Project Scope
- What We Do: We provide affordable website design, development, secure hosting, and ongoing updates tailored for trade businesses.
- Scope of Work: The specific features and pages of your project are outlined in our initial kickoff communication. Any extra features or changes requested outside this initial agreement will be treated as additional work and quoted separately.
- Quote Validity: All custom quotes provided are valid for 30 days from the date of issue.
2. Pricing and Payments
- Setup Fee Structure: The website setup fee is split into two payments of $250 (including GST, if applicable). The first $250 payment is required as a non-refundable deposit before we begin the design and build process. The final $249 payment is due upon completion of the project. We will not launch the website to your live domain until the final payment is received in full.
- Monthly Subscription Fee: An ongoing monthly fee of $49 per month covers your secure cloud hosting, essential security updates, and minor 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: Payments are due within 7 days of the invoice date. If a monthly payment fails or is overdue by more than 14 days, we reserve the right to temporarily suspend your website and services until your account is brought up to date.
3. Client Responsibilities & Deadlines
- Content Provision: You are responsible for providing all necessary business information, logos, contact details, and photos required to complete the site.
- The 5-Day Feedback Rule: To keep your project on schedule, you agree to respond to our communications and provide requested content or feedback within 5 business days.
- Project Timelines: Any launch dates we discuss are estimates only. Delays on your end in providing text, images, or feedback will naturally push back your website's launch date.
4. Updates and Support
- Included Updates: 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).
- Excluded Work: 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, our business model operates under a standard software-as-a-service (SaaS) 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 & Registration (If We Register): If we purchase and register a domain name on your behalf, we will manage the annual renewals. The cost of this yearly domain fee will be added to your invoice upon renewal. The domain remains under our management until all outstanding setup and subscription fees are paid. If you cancel your subscription, we will transfer the domain to your own independent registry account upon request, provided your balance is fully paid.
- Domain Names & Registration (If You Own It): If you provide an existing domain name, you retain full ownership and are entirely responsible for its annual renewal fees with your third-party registrar. You must provide us with the necessary access or update your DNS settings as requested to link your domain to our hosting servers. We are not liable for website downtime caused by your failure to renew your domain name or incorrect DNS modifications made by you or a third party.
- Transferring Away & Migration Fee: You are free to cancel your subscription at any time. However, because our website platform relies on our proprietary software framework and code, we cannot hand over our underlying system or live website architecture to another host. Upon cancellation and payment of a flat $150 administration and migration fee, we will package and deliver your raw content assets (your text, logos, original images, and a standalone data export of your text content) so your new provider can rebuild your site.
6. Legal Compliance, Content Rights & Indemnity
- Legal Compliance: You are entirely responsible for ensuring your business operations and website content comply with New Zealand laws. This includes the Fair Trading Act 1986 and the Privacy Act 2020 (specifically how you collect, use, and store customer information through contact or quote forms on the site).
- Content Guarantees: You guarantee that you own or have legal permission to use all text, logos, testimonials, or images you provide to us.
- Indemnity: You agree to fully indemnify Aemac Websites against any legal claims, costs, losses, or damages arising from copyright infringement, trademark disputes, or legal breaches related to the materials or business practices you supply.
7. Cancellation and Termination
- How to Cancel: You can cancel your monthly subscription at any time by giving us 30 days' written notice via email.
- Effect of Cancellation: Upon cancellation, your website will be taken offline at the end of your current paid billing cycle, and no further monthly charges will apply.
- Our Right to Terminate: We reserve the right to terminate service immediately if you engage in illegal activity, fail to pay overdue balances, or breach these terms.
8. Warranties and Limitation of Liability
- Uptime: 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.
- Business Use Only: As our services are supplied strictly for the purposes of a business, you agree that the automatic guarantees contained in the Consumer Guarantees Act 1993 do not apply.
- Liability Cap: To the maximum extent permitted under New Zealand law, 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 (such as hacking).
9. 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.
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 & Project Scope
- What We Do: We provide affordable website design, development, secure hosting, and ongoing updates tailored for trade businesses.
- Scope of Work: The specific features and pages of your project are outlined in our initial kickoff communication. Any extra features or changes requested outside this initial agreement will be treated as additional work and quoted separately.
- Quote Validity: All custom quotes provided are valid for 30 days from the date of issue.
2. Pricing and Payments
- Setup Fee Structure: The website setup fee is split into two payments of $250 (including GST, if applicable). The first $250 payment is required as a non-refundable deposit before we begin the design and build process. The final $249 payment is due upon completion of the project. We will not launch the website to your live domain until the final payment is received in full.
- Monthly Subscription Fee: An ongoing monthly fee of $49 per month covers your secure cloud hosting, essential security updates, and minor 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: Payments are due within 7 days of the invoice date. If a monthly payment fails or is overdue by more than 14 days, we reserve the right to temporarily suspend your website and services until your account is brought up to date.
3. Client Responsibilities & Deadlines
- Content Provision: You are responsible for providing all necessary business information, logos, contact details, and photos required to complete the site.
- The 5-Day Feedback Rule: To keep your project on schedule, you agree to respond to our communications and provide requested content or feedback within 5 business days.
- Project Timelines: Any launch dates we discuss are estimates only. Delays on your end in providing text, images, or feedback will naturally push back your website's launch date.
4. Updates and Support
- Included Updates: 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).
- Excluded Work: 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, our business model operates under a standard software-as-a-service (SaaS) 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 & Registration (If We Register): If we purchase and register a domain name on your behalf, we will manage the annual renewals. The cost of this yearly domain fee will be added to your invoice upon renewal. The domain remains under our management until all outstanding setup and subscription fees are paid. If you cancel your subscription, we will transfer the domain to your own independent registry account upon request, provided your balance is fully paid.
- Domain Names & Registration (If You Own It): If you provide an existing domain name, you retain full ownership and are entirely responsible for its annual renewal fees with your third-party registrar. You must provide us with the necessary access or update your DNS settings as requested to link your domain to our hosting servers. We are not liable for website downtime caused by your failure to renew your domain name or incorrect DNS modifications made by you or a third party.
- Transferring Away & Migration Fee: You are free to cancel your subscription at any time. However, because our website platform relies on our proprietary software framework and code, we cannot hand over our underlying system or live website architecture to another host. Upon cancellation and payment of a flat $150 administration and migration fee, we will package and deliver your raw content assets (your text, logos, original images, and a standalone data export of your text content) so your new provider can rebuild your site.
6. Legal Compliance, Content Rights & Indemnity
- Legal Compliance: You are entirely responsible for ensuring your business operations and website content comply with New Zealand laws. This includes the Fair Trading Act 1986 and the Privacy Act 2020 (specifically how you collect, use, and store customer information through contact or quote forms on the site).
- Content Guarantees: You guarantee that you own or have legal permission to use all text, logos, testimonials, or images you provide to us.
- Indemnity: You agree to fully indemnify Aemac Websites against any legal claims, costs, losses, or damages arising from copyright infringement, trademark disputes, or legal breaches related to the materials or business practices you supply.
7. Cancellation and Termination
- How to Cancel: You can cancel your monthly subscription at any time by giving us 30 days' written notice via email.
- Effect of Cancellation: Upon cancellation, your website will be taken offline at the end of your current paid billing cycle, and no further monthly charges will apply.
- Our Right to Terminate: We reserve the right to terminate service immediately if you engage in illegal activity, fail to pay overdue balances, or breach these terms.
8. Warranties and Limitation of Liability
- Uptime: 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.
- Business Use Only: As our services are supplied strictly for the purposes of a business, you agree that the automatic guarantees contained in the Consumer Guarantees Act 1993 do not apply.
- Liability Cap: To the maximum extent permitted under New Zealand law, 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 (such as hacking).
9. 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.