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Terms, Conditions and Privacy Policy

The customer agrees to these terms and conditions upon acquiring our services;

(Please note our terms, conditions and privacy policy may change from time-to-time)

Kiwi Web Design Limited is a 100% New Zealand company, based oin Blenheim, Marlborough.

We offer our services of website design, hosting and domain name reselling in New Zealand and Australia.

By contacting us and/or using our services you agree to our following terms, conditions and privacy policy;

Website Hosting

We require that our customers sign up for hosting through us when we develop their website. We are a reseller we cannot be held liable for any whatsoever reason. Customers are responsible for their own hosting once it has been set up for them.  

Backups:

It is up to our customers to make sure they have a back up copy of their website.

Responsive Design / Mobile Friendly

We do our best to make sure the websites we develop are responsive and mobile friendly. However, by acquiring our services you agree that we cannot be held liable nor guarantee that your website will display the same and perfectly on every device and in every web browser. The customer must still pay their invoice due, on time, for work all we have done regardless of inconsistencies. 

Footer and Link to our service

As part of our terms and conditions - when you have a website designed and/or hosted with our service, we will place a link to our site e.g. "Mobile Friendly Website by KiwiWebDesign.nz" or "Website Hosted with Kiwi Web Design .nz" at the footer of all pages on your website. This slogan and link are not to be removed while your service remains with us. 

We also add a screenshot and link to your website in our Portfolio of Website Developments, if your website was developed by us.

Templates

We use Joomla51 Templates and their products are provided "as is" without warranty of any kind, either expressed or implied. In no event shall Joomla51.com or Kiwi Web Design Limited

be liable for any damages including, but not limited to, direct, indirect or other losses arising out of the use of or inability to the use of these products.

Joomla51 also says in their terms and conditions; "You may not claim intellectual or exclusive ownership to any of our products, modified or unmodified. All products are property of IceTheme. Joomla51 products are provided as they are without warranty of any kind, either expressed or implied. In no event shall our juridical person be liable for any damages including, but not limited to, direct, indirect, special, incidental or consequential damages or other losses arising out of the use of or inability to use their products." This also applies to you as our (Kiwi Web Design Limited) customer in our terms and conditions protecting us from liability.

All templates include Sample Data. Some of this sample data may remain on a website after it is developed and published.

We install the template in demo state onto your domain and make changes to suit your needs. We do not however remove all demo content that is included in the storage of your website including demo images, pages, modules etc. because this is a time-consuming task. Remaining demo content can be found in the in the administrator / cPanel. Customers can remove unwanted images, pages and modules themselves via their website administrator. If need be we can be hired at our hourly rate to remove additional demo content from the administrator a client.

Images

All stock images seen on the template demos are for presentation purposes only, intended to represent a live site and are not included with the template in our website design packages. Customers must provide us with their own high-quality images for website development orders.

Packages

We set you up with your ordered package then after launching, you take over and create additional content (pages, images) and features to keep your website up-to-date or we can do more work for you, at an additional cost.

Management

If you require additional website management and work on your site after it is launched, we charge $75 per hour + gst (min of one hours rate for any work is charged) depending on the complexity of the work required. Installation of more components / extensions will require a quote.

We may from time-to-time choose to log-in to your website administrator on our own accord, to do system updates and maintenance that is needed without a fee. 

Backups
Kiwi Web Design install a Backup extension in your Joomla website which can be accessed through your administrator. Customers can backup a copy of their website and download it to their computer at their own leisure.

Website Updates

Customers are responsible for keeping their website including all components/extension and Joomla CMS up-to-date. Most updates can be done through the website administrator. If you are needing additional support, we can be hired to assist you.  

Deposit and Payments

$200* non-refundable deposit is required upfront before development of your website begins. Remaining of total price is to be paid within one week after your website completion and website goes live on the internet. Advanced Features Package and quoted prices may require a larger deposit - depending on the software implemented.* = all prices listed exclude GST.

Overdue Invoices
Overdue Accounts will occur a late payment fee of $5 (excl gst). An unpaid invoice will also result in the service for your business being suspended. If you are having difficulty paying an invoice and require an extension please request an extension by contacting us.

Some other Website Design Service Fees / Prices:

To Fully Restore the last back up we have on file of your website (may be the first back up the launch of your website) = $250* 
A restoration may be needed if you do something wrong when editing your website that makes your website go down or do not update your software regularly. We can't be held liable for your site going down as you are responsible for the management and updating of your website and its components. 

* = all prices are in NZD and prices exclude gst

Images / Favicons / logos

Our customers must provide us with their own high-quality images and these must not breach any whatsoever copyright laws. We can obtain images on behalf of our clients from CreationSwap however, our clients must ensure that if we obtain images for your website you must not reproduce or use the images in another application. We can not be held liable for any copyright breaches. Responsibility of obtaining rights to copyright, images, licensing and ownership is in the client’s hands.

Email

We do not provide support for emails. A number of email accounts associated with your domain name can be created in your cPanel, depending upon your package. However, we do not provide support past this point. Emails for some unknow reason can fail at times. We cannot be held liable for any whatsoever loss of emails or content. Email accounts and content, personal backups and the disk space used by any email accounts with website hosting are the responsibility and management of the client only. Email accounts can be accessed via the cPanel. We recommend a client to change their cPanel password regularly.

Spam Emails / Backlisted 

If it is discovered through investigation that a client is sending a high number of spam emails from one of their domain emails and the email is blacklisted. The customer account (website and emails accounts) will be terminated and removed from our server without refund. Spam emails usually cause a server to be blacklisted and affect all accounts on the server.

If your email is blacklisted by error, we can look into this and try our best to help resolve it for you.

Domain Names

Customers can purchase their domain name through us or a registered domain name provider and have their domain host point their domain to our name servers (please contact us for instructions on this). Work cannot begin working on your website until your domain name is pointing to and resolved to our severs. 

Development

Average website development time is two weeks however, this may take up to four weeks or longer depending on size of your website and number of customers at the time of ordering. However, we will do our best to have the completion of your site in reasonable time.

As website developers we use third party software (including Joomla!), components and extensions. When building a website, we put the software, components and extensions together on behalf of our clients. When we build the website, as far as we are aware, third party software, components and extensions are in good working order.  We cannot be held responsible for third party malfunctions and errors, nor can we be held responsible or liable for any other whatsoever losses, including loss of income, in the event that problems arise. If errors arise on a client website / system, we can be hired for our hourly rate to look into a solution for you. However, we cannot guarantee that we will be able to fix any errors or find those people who can help to fix the errors. However, if the customer chooses to use our services, we will try our best to help as far are we are able and capable of doing. Any additional work to repair or replace third party software is charged at our hourly rate and the customer will be liable for.

We also use third party hosting service / servers and cannot be held responsible or liable for any losses (including income) in the event that a server experiences a break down or issues / problems. We do our best to offer the best service possible and use secure managed servers with third party support in the event that problems occur.   

It is the responsibility of the customer to keep a backup of their own website and software up-to-date. Although we do pay for a backup service through our wholesale hosting providers. We cannot guarantee that there will be a backup available in the event of natural disaster or technical error.

We also cannot be held responsible for any losses (including losses to potential income) to our advertising customers on our advertising platforms due to one of our websites going down in the event of hacking, technical error, natural disaster or any other reason.

Joomla Extensions

Please be aware that some Joomla! Extensions may not be responsive (reducing to screen size on smaller devices) and respond the same way as the templates we use.

Support

Any work and technical support required after your website is completed and goes live on the internet is charged at $75 per hour (ex GST).

Legal

In providing this service you agree that Kiwi Website Design Limited and owner cannot be held responsible for any whatsoever liability in relation to your website development, hosting, business/organisation and copyright laws.

SEO

Free one-off SEO means that we will provide the features explained on our FREE SEO page of our website. This is a one-time free service will all new websites. Any additional SEO service can be ordered at an additional cost.

We add a link and screenshot of the websites we develop to our online Portfolio.

Our Terms, Conditions and Privacy Policy may change from time to time.

Copyright

Some images on this website are sourced from Unsplash, iStock and Adobe Stock. 

Website Migration Specifications:

We can provide Free Migration* support for your website but only if you purchase one of our Budget Hosting Packages as follows:

Budget - Starter Hosting
$9.95*/ MONTH
2 GB Diskspace
2 GB Memory
100% CPU
Unlimited Bandwidth
Free AutoSSL Certificates
Unlimited Email Accounts (self-managed)

Budget - Business Hosting
$14.95*/ MONTH
5 GB Diskspace
4 GB Memory
200% CPU
Unlimited Bandwidth
Free AutoSSL Certificates
Unlimited Email Accounts (self-managed)

We require payment for 1st month upfront (invoice will be sent through xero). Hosting payments are non-refundable. There is no contract, you can cancel at any time (as long as your current payments are up-to-date).

Migration:

Please note there is no guarantee for our migration service. 

After migration we only provide website maintenance for Joomla 3x built websites (fees are on our website for this service).

Our Migration Support Team will definitely try their best to assist where they can while adhering to their schedule and availability.

We can only advise if a website can or cannot be migrated on a site by site basis once we have gained access.

Some general guidelines:

We cannot split an addon domain from another webhost to its own cPanel account, it is simply a full cPanel account being moved over to our server.

For DNS updates, we can do this when the domains are registered with us, but cannot make changes to domains outside of our system.

We can copy the CMS (WP/Joomla/Magento) as long as we can have access to files and the required databases.

Post migration we test the site to confirm it matches the live version or the version from the previous host. (If the live site has a 500 error, the migrated site will most likely also have a 500 error)

We need to be able to log in to the server where the website files are.

You will need to provide the following details for our migration support team:

Primary domain:
Shared IP address of old host:
cPanel Username:
cPanel Password:
Preferred time:

If the previous host did not provide a cPanel environment, then we would need FTP details instead.
FTP Details:

If the site was built on ASP.net, then it won’t be something we can provide hosting for. This is because cPanel doesn't support the structure fully, and hence issues would arise that couldn’t be addressed.

We would then provide you with the DNS Settings for your domain name which you need to add for the website to load on the new hosting (if your domain name is registered through us we can help with this).

DNS propagation takes between 4-8 hours and after that, it should resolve.

We use our wholesale hosting Support Team to assist with migration of websites. We recommend that you have a backup on hand of your current website. As we cannot be held liable or responsible for any whatsoever reason for any losses associated with your website files.

 

PRIVACY POLICY

If you wish for your data to be removed from any of our websites or retrieval systems please contact us via the form on the following page https://berrymanmedia.nz/forget-my-information

Introduction

This notice applies to all websites we own and operate, plus all the services provided by us to our clients, website visitors, customer enquiries and so on.

This notice applies to all identifiable personal data about you, collected by us when you use our services, visit our websites, customer contact forms, platform user registration etc.

Personal Data

When you visit our websites or use our services, we may collect personal data from you. For example, when you sign up to our services, free trials, visit our websites, make contact via our customer enquiry forms, telephone etc. Some of the information we collect from you that you provide to us directly may include your name, phone number, address, bank account details, payment information, comments, enquiries etc. You don't have to share all this personal information with us, however you may not be able to use the services we provide without doing so. Without collecting personal data from you we may not be able to provide all our products and services to you.

If you delete your personal information it may not be removed from our immediate backup systems.

If you decide share and display your personal data publicly through our services, it is most likely to be picked up by search engines.

Automatic Data

We also collect some information automatically when you use our services, visit our websites and contact us i.e. your IP address, host name, web browser and device being used at the time. Our system also automatically records statistical information about visitors such as pages visited, hits, links clicked, countries, search results, user sign-in, referral urls and other information you have view in relation to our services and billing etc. This information helps us improve our services to our customers and collects figures of how popular our websites are. Some of this information is used by third party software technologies that we have installed into our websites to track user information automatically. Automatic data is also used by software in our websites to analyse the traffic to our websites.

Some of the extensions and services we use may include cookies. You can choose to set your browser to block cookies, however our services may not function properly with it switched off.

Safety

We do our best to offer an exceptional service and safeguard our clients and potential customers by using the best software extensions made by third parties, we are able to resource at the time. We use SSL services to help keep our websites and user information secure. However, we cannot be held liable for any whatsoever business provider of software that has fraudulently deceived us in its service provided to us for retaining our clients and our client’s personal data. We cannot be held liable for any third-party hacking of our websites and any whatsoever third-party retrieving data though hacking or system bugs. We use the information we collect to improve and maintain our services to our users.

From-time-to time and in accordance with our legal obligation we may collect information about you from publicly available third parties. Without collecting personal data, we may not be able to provide all our products and services to you.

If you believe someone has entered your information into our system without your consent, please contact us.

How your data is used by us;

The main goal of our business is to use your personal data to provide you with the best possible service, products and support. We may also use your data to communicate with you i.e. send marketing to you, sales calls, emails, provide resources and information, system communications, feedback, provide our services and technical support.

We also use your data for improving our services by tracking and monitoring the use of our websites so we can provide a better service to our customers and to help protect our websites from fraudulent or harmful activity.

We may use your information in reports about our website performance and use. This information may be stored by and presented to third parties in a statistical manner. General stats are also displayed publicly on our some of our websites.

How we share your data

We may find at times we need to share your data with third parties.

This may include;

law enforcement, government agencies or other third parties when we believe it is appropriate.

A potential buyer and its agents or investor in our business.

Third parties, contractors and developers who assist us in using personal data collected by the technologies we use. These may include international developers in countries outside of New Zealand and Australia.

Our business owners along with their spouses and immediate family, partners, contractors, website developers, business advisors, our wholesale technical service provides (i.e. hosting, domain name administrator providers) and employees.

Other third parties (with your consent).

We do our best to keep your personal data secure.

The length of time we store your data depends on the legal requirements (i.e. tax laws) and the type of data and the services we offer. If we no longer need to store your data, we will delete it. If you wish for your data to be deleted and we are legally able to, please contact us.

Marketing

If you do not wish to receive marketing communications please contact us and ask us not to send you these. If you wish to update, know what personal data we hold about you, request a copy or object please contact us. We will review and investigate any complaint and respond in reasonable time. You can also complain to your local data protection authority.

We are always happy to hear from you, please feel free to contact us about any of the above or to provide feedback. Thank you.