Terms of service

Please read through these Terms and Conditions carefully before using tradienet services and/or website. By engaging in services with tradienet, or by using the tradienet website, you agree to be bound by these Terms and Conditions. These Terms and Conditions are subject to change and it is your responsibility to check any changes.

The terms “tradienet”, "tradienet.", “we”, “us” and “our” in this document refers to tradienet Ltd, a legal entity whose employees have limited liability, as defined in the New Zealand Companies Act 1993. The terms "you" "client" "merchant" "customer" in this document and throughout this website refers to the other party(s) involved (not tradienet). 

Summary

The agreement is governed by the following terms & conditions.
We will always do our best to fulfil your needs and meet your goals, but sometimes it’s best to have a few things written down so that we both know what’s what, who should do what and what happens if stuff goes wrong. In this contract, you won’t find complicated legal terms or long passages of unreadable text. We have no desire to trick you into signing something that you might later regret. We do want what’s best for the safety of both parties, now and in the future.
You {{first_name}} {{surname}} of {{company_name}} are hiring {{brand_company_name}} to design and develop a website for the estimated total price outlined in this proposal.

What do both parties agree to do?

As our customer, you have the power and ability to enter this contract on behalf of your company or organisation. You agree to provide us with everything that we’ll need to complete the project – including text, images, and other information (unless otherwise specified) – as and when we need it and, in the format, we ask for. You agree to review our work, provide feedback and approval in a timely manner too. Deadlines work two ways and you’ll also be bound by any dates that we set together. You also agree to stick to the payment schedule set out at the end of this contract.
We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. Along the way, we will endeavour to meet all the deadlines set, but we can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on-time at any stage. On top of this, we’ll also maintain the confidentiality of any information that you give us.

Details of the works

We will create designs for the look, layout, and functionality of your website. This contract includes one main design and two opportunities for you to make revisions to the final design (before the website is built/developed). If you are not happy with the design at that point, we will provide you with an additional quote for extra design work needed. If instead, you wish to cancel our agreement, you may do so and we will retain the initial payment for the work done to date.
Please note if you want to make any changes in the design after the website is developed/built, there will be extra charges to do it.

HTML/CSS layout templates

If the project includes HTML markup and CSS templates, we’ll develop these using valid HTML and CSS code. The landscape of web browsers and devices changes regularly, and our approach is to look forward, not back. With that in mind, we will test all our markup and CSS in current versions of all major desktop browsers to ensure that we make the most from them. Users of older or less capable browsers or devices will experience a design that is appropriate to the capabilities of their software
We do not cater to people using Microsoft Internet Explorer 6 and cannot predict the behaviour of that browser.
We will also test that these templates perform well on Apple’s iPad. We will not test old or abandoned browsers, for example, Microsoft Internet Explorer 6,7,8 or 5.5 for Windows or Mac, previous versions of Apple’s Safari, Mozilla Firefox, or Opera unless otherwise specified. If you need us to consider these older browsers, we will charge you at our standard old browser rate for any necessary additional design work, development, and testing.

Text content

Our Copywriters will be responsible for writing your text and copy. Our Designers will be responsible for inputting your text and copy to your website. However, you as the customer are first required to complete all necessary forms for the tradienet Discovery stage before they are able to begin work.

Products/Content 

Shopify product listings for your products and services are only created for tradienet merchants on tradienet's Package 3 or higher. Package 1 and 2 will have a single page created with a list of products/services linking traffic to either a Contact us form or Request a quote form.

Photographs

If needed, you will supply us with all photographs either in digital or printed format. If you choose to buy stock photographs that price will be added to the initial quote. Stock photography will not be purchased without your written approval. If you don't want paid stock images we will use royalty free images from a royalty free image website. Otherwise, we have image packages listed on our website which are available, come at additional cost to tradienet packages and are always subject to change at the discretion of tradienet. 

Changes and revisions

We know from plenty of experience that fixed-price contracts are great for budgeting and setting expectations, but come with their limitations as they limit you the tools included in each package. At tradienet we don’t want to limit either your options or your opportunities to change your mind. The tradienet package prices located on our website are based on the amount of work we estimate we’ll need to accomplish everything included in each package. If you do want to change your mind at any point throughout the tradienet process like add extra pages or templates or even add new functionality, that won’t be a problem. However, you will be charged accordingly, and these additional costs will need to be agreed to before the extra work commences. This additional work will affect deadlines and they will be moved accordingly. We’ll be upfront about all of this when it happens to make sure we’re all on the same page before proceeding. We may also ask you to put requests in writing, so we can keep track of changes. If the nature or functions of the project change significantly throughout the process, we reserve the right to deem the current project canceled. At this point, you will pay us in full for all the work we have done and may commission us to complete the new project based on the new requirements. This will require a new quote and contract.

Technical support

We provide technical support after website completion and it's included in our tradienet maintenance and protection plan. We do not provide an hourly rate or one-off technical support sessions. If you are looking for support and you're not a registered tradienet merchant on a tradienet maintenance and protection plan then please feel free to contact the Shopify Experts for additional paid support session.

Website hosting

The proposal includes monthly website hosting fees (included in your monthly expenses). This includes a one-off fee for installing your site on this server, plus any statistics software such as Google Analytics, then the updates to, and management of that server, plus any support issues will be up to you unless you're a registered tradienet merchant on a tradienet maintenance and protection plan. Please note the hosting period starts when we set up and install the website on our test server and send a link to you for your review.

Legal Stuff

We can’t guarantee that the functions contained in any web page templates or in a completed website will always be error-free and so we can’t be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this website and any other web pages, even if you have advised us of the possibilities of such damages. If any provision of this agreement shall be unlawful, void, or for any reason is unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Refund

tradienet is not responsible for not being able to complete or continue any service due to unforeseeable circumstances, including but in no way limited to damage to the workplace, serious illness, and natural disasters. Any deposits and/or progress payments made to tradienet are non-refundable, however, tradienet may refund any payment in full, or in part, at our sole discretion.

Copyrights

You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the website are either owned by your good selves or that you have permission to use them.
When we receive your final payment, copyright is automatically assigned as follows:
You own the graphics and other visual elements that we create for you for this project.
We’ll give you a copy of all files and you should store them safely as we are not required to keep them or provide any native source files, we used to make them.
You also own text content, photographs, and other data you provided unless someone else owns them. We own the markup, CSS, and other code and we license it to you for use on only this project. We love to show off our work and share what we have learned with other people, so we reserve the right to display and link to your completed project as part of our portfolio and to write about the project on websites, television, in magazine articles and in books about web design.

Liability

tradienet shall not be liable for any loss of profit, loss of business revenue, loss of potential savings, loss of goodwill, or for any indirect or consequential loss or damage or for any third party claims howsoever arising in connection with this Agreement or the products and/or services whether in contract, tort or otherwise.
tradienet is not liable for any problems with and/or detriment to your email resulting from your email client’s services and/or servers not being stable, secure, and/or functioning correctly. tradienet strongly recommends you use Gmail as your email client and in doing so ensure that you read and agree to Google’s terms and conditions.
If you leave tradienet as a service provider, it is your responsibility to ensure that all your accounts, products, and assets under tradienet’s management are carefully transferred to the new owner or manager.

FORCE MAJEURE

Neither party shall be liable to the other for failure or delay in the performance of any of its obligations under this Agreement for the time and the extent such failure or delay is caused by riots, civil commotions, wars, hostilities between nations, governmental laws, orders or regulations, embargoes, the action of the government or any agency thereof, acts of God, unforeseen storms, fires, accidents, strikes, sabotage, explosion, or other similar or different contingencies beyond the reasonable control of the respective parties, provided that this Clause shall not apply in any way to and may not excuse any failure or delay in any payment required to be made under this Agreement.

Payments

As agreed, our payment schedule will be as follows but may be revised based on further conversations between us.

[50%] of total fee upon acceptance of agreement and before we begin the tradienet Discovery phase (Phase 1).
[50%] of the remaining fee owing (25% of the total fee) upon completion of the tradienet Design phase (Phase 2).
[100%] of the remaining fee owing (remaining 25% of the total fee) is due within 5 working days after the completion of the tradienet Deploy phase (Phase 3).
The project will be considered complete when we hand over access to the Administration System/backend details.
The website remains the property of tradienet until the final payment has been received.
Outstanding Accounts will be placed with a Collection Agency.
Collection costs will be added to overdue accounts.
Any complaints with work or requests to make changes to the website design (without incurring additional costs or fees) must be expressed in writing within 5 working days of the completion of the tradienet Design Phase (Phase 2) and before the tradienet Deploy phase (Phase 3) begins.

NB: If you are unable to supply all of the right content, it does not mean we have not done our job. Once the site has been completed, either with your content or placeholder images and dummy text, we will issue the final invoice. If the final invoice is not paid within the credit terms we have given you, we are under no obligation to keep the site on our testing server or continue with the project in any way.

The project has a maximum duration of 180 days. This period starts when you sign up for the contract. If the project is delayed because of your non-cooperation, lack of interest, sickness, or any other unforeseen circumstances, we tradienet are under no obligation to continue or complete the work. Any deposits and/or progress payments made to tradienet are non-refundable, however, tradienet may refund any payment in full, or in part, at our sole discretion.

Interest accrued if payment is more than 14 days late. We reserve the right to add 5% any outstanding balance every 7 days, starting from the 15th day after receipt of the completed project.

Subscription Terms & Conditions for tradienet Maintenance and Protect plan

By setting up your tradienet Maintenance and Protection plan, you authorise tradienet's third-party subscription partner business and your credit or debit card issuer to deduct the amount of current and future invoices from this business from your designated credit or debit card. All future payments will be automatically charged to your designated credit or debit card on the due date of the relevant invoice and your authorisation will remain in full force and effect until you cancel your authorisation in the manner described below.
If you wish to manage your subscription, such as updating your credit or debit card information or canceling your account, you may do so from the link in the relevant current approved quote/proposal from this business (tradienet). Alternatively, you can also email us (tradienet) to change/cancel the subscription authorisation. Any changes must be made at least 24 hours prior to the due date indicated on the invoice.
You acknowledge that you are bound by any rules your credit or debit card issuer requires for pre-authorised card transactions. You further acknowledge that you are responsible for any fees charged by your credit or debit card issuer associated with any pre-authorised card transaction.

These terms do not in any way terminate, amend or modify any other terms, agreements, or policies that apply to your account with this business or any services you receive from this business.