Terms and Conditions
Let’s start on a good note!
STANDARD WEBSITE TERMS
The following terms and conditions apply to all website development/design, marketing services provided by Immersive Web Design/s (IWD) to the Client.
Last updated: 1st Dec, 2021
Acceptance
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
Charges
Charges for services to be provided by Immersive Web Design are defined in the project quotation that the Client receives via e-mail and/or in writing. Quotations are valid for a period of 30 days. Immersive Web Design reserves the right to alter or decline to provide a quotation after the expiry of the 30 days.
Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of 50 percent or $1000, whichever is greater, of the project quotation total before the work is supplied to the Client for review with the remaining fifty (50) percent, or quotation – $500 deposit, of the project quotation total due upon completion of the work, or after 31 days from the initial payment, whichever is sooner, prior to upload to the server or release of materials.
Payment for services is due by bank transfer or credit/debit card which may incur 3% additional charges. Direct to a/c transfers should be made payable to Immersive Web Design and sent to info@iwdesignz.com in response to quote acceptance; Bank details will be made available on invoices.
Client Review
Immersive Web Design will provide the Client with an opportunity to review the appearance and content of the website, Logo, or other projects as discussed during the design phase and once the overall development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Immersive Web Design otherwise within 5 days of the date the materials are made available to the Client.
Turnaround Time and Content Control
Immersive Web Design will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon Immersive Web Design receiving initial payment, unless a delay is specifically requested by the Client and agreed by Immersive Web Design.
In return, the Client agrees to delegate a single individual as a primary contact to aid Immersive Web Design with progressing the commission in a satisfactory and expedient manner.
During the project, Immersive Web Design will require the Client to provide website content; text, images, movies and sound files, etc. to populate the website. Unless prepaid copywriting for content has been discussed.
Failure to provide required website content:
Immersive Web Design is a small business, to remain efficient we must ensure that the work we have programmed is carried out at the scheduled time. On occasions, we may have to reject offers for other work and inquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide all the required information at least one (1) week prior to the agreed completion date. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%. If your project involves Search Engine Optimization we need the text content for your site agreed in advance so that the SEO can be planned and completed efficiently.
If you agree to provide us with the required information and subsequently fail to do before the agreed time, one (1) week prior to the project completion date we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go-ahead to start until you are ready to do so.
Immersive Web Designs agree to make periodical updates to any sites commissioned and hosted by IWDesigns. This is subject to a monthly maintenance plan purchased or offered to you and a fair usage clause. IWD reserve the right to refuse to update websites if such requests exceed booked time.
NOTE: Text content should be delivered as an Apple Pages, Microsoft Word, pdf file, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.
If you are commissioning a CMS website you will be provided with a content management system so that you are able to keep your content up to date yourself.
Payment
Invoices will be provided by IWD upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of twenty percent (20%) or $50 per month of the total amount due, whichever is greater.
Additional Expenses
The client agrees to reimburse IWD for any additional expenses necessary for the completion of the work. Examples would be the purchase of special fonts, stock photography, plugins, etc. This payment will be required prior to the purchase of the additional required materials.
Web Browsers
IWD makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Microsoft Edge, Google Chrome, etc.). The client agrees that IWD cannot guarantee correct functionality with all browser software across different operating systems.
IWD cannot accept responsibility for web pages that do not display acceptably in obsolete version or new versions of browsers released after the website have been designed and handed over to the Client. As such, IWD reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
Default
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Immersive Web Design’s Web space, IWD will, at its discretion, remove all such material from its web space. IWD is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Invoices returned for insufficient funds will be assessed a return charge of $25 and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Immersive Web Design reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Immersive Web Designs in enforcing these Terms and Conditions.
Termination
Termination of services by the Client must be requested in a written notice or email and will be effective on receipt of such notice. Telephone requests for termination of services will not be honored until and unless confirmed in writing or by email. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
Indemnity
All Immersive Web Designs services may be used for lawful purposes only. You agree to indemnify and hold Immersive Web Design harmless from any claims resulting from your use of our service that damages you or any other party.
Copyright
The Client retains the copyright to data, files, and graphic logos provided by the Client, and grants Immersive Web Designs the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Immersive Web Designs permission and rights for use of the same and agrees to indemnify and hold harmless Immersive Web Designs from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Immersive Web Design that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
Standard Media Delivery
Unless otherwise specified in the project quotation, this agreement assumes that any text will be provided by the Client in electronic format (text files delivered on a USB drive or via e-mail or FTP) and that all photographs and other graphics will be provided in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Immersive Web Design to return to the Client any images or printed material provided for use in the creation of the Client’s website, such return cannot be guaranteed.
Design Credit
A link to Immersive Web Design will appear in either a small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 20% of the total development charges will be applied. When total development charges are less than $500, a fixed fee of $200 will be applied. The Client also agrees that the website developed for the Client may be presented in Immersive Web Design’s portfolio.
Access Requirements
If the Client’s website, social media handle is to be installed or managed on a third-party server or their respective business page, Immersive Web Design must be granted temporary read/write access to the Client’s storage directories/business pages require editor permissions, which must be accessible. Depending on the specific nature of the project, other resources might also need to be configured on the server.
Post-Placement Alterations
Immersive Web Design cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications, or deletions.
Domain Names
Immersive Web Design can purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Immersive Web Design. The loss, cancellation, or otherwise of the domain brought about by non or late payment by the client is not the responsibility of Immersive Web Design. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
General
These Terms and Conditions supersede all previous representations, understandings, or agreements. The Client’s acceptance via email, text, or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
Governing Law
This Agreement shall be governed by New Zealand Law.
Liability
Immersive Web Designs hereby excludes itself, its Employees and or Agents from all and any liability from:
Loss or damage caused by any inaccuracy;
Loss or damage caused by omission;
Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the website;
Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of Immersive Web Design to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
Severability
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal, and enforceable provision, which comes closest to the intention of the parties underlying the invalid clause.
WEBSITE TERMS
Last updated: 1st Dec 2021
Acceptance
If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Immersive Web Design’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.
The terms ‘Immersive Web Design/s’ or ‘us’ or ‘IWD’ or ‘we’ refer to the owner of the website whose registered business is NZBN:9429046623096. Our business is registered in New Zealand and c/o Lovexpresso group TM. The term ‘you’ refers to the user or viewer of our webs
The use of this website is subject to the following general terms of use:
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Credit card details will be handled securely to ensure confidentiality
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services, or information available through this website meet your specific requirements.
This website contains material that is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
All Immersive Web Design services may be used for lawful purposes only. You agree to indemnify and hold Immersive Web Design harmless from any claims resulting from your use of our service that damages you or any other party. Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Your use of this website and any dispute arising out of such use of the website is subject to the laws of New Zealand.
Payment Terms & Conditions
All monthly payments contracts are subject to the following conditions:
The first monthly payment is due immediately upon signup for the services we offer.
The second monthly payment is due before the handover.
If you wish to cancel your contract within the first month a cancellation fee is required of $1000 and all proprietary artwork, logo design, and domain name registration will remain the sole property of Immersive Web Design.
Digital marketing specific terms of service
SEO Keywords & Pages: The Service Provider does not provide any warranty/Guarantee for Search Engine Ranking. Moreover, the Page rank depends on various different factors such as your website content relevancy, page popularity, authentic backlinks, domain age, blogging consistency, social media presence, and niche.
MONTHLY WEBSITE MAINTENANCE, SEO TERMS
Monthly Web Updates / Upgrades / Monthly Technical Maintenance / WordPress, Woo commerce, Website Maintenance: For Client’s purchasing Monthly Technical Maintenance and Monthly Seo Services – The Client agrees to let the Service Provider update and maintain their website on a monthly basis. The Client understands agrees and authorize the Service Provider to make changes to the programming, HTML, PHP, CSS, jQuery, coding, database, feeds, server settings, configurations, DNS, MX, Seo keywords, locations, XML, plugins, widgets, applications, podcast and security settings, backup, content and all the other technical and non-technical features necessary to improve the overall exposure and performance of the website.
Monthly Website Maintenance Service Assistance: For Client’s purchasing Monthly Technical Maintenance and/or Virtual Assistance Services – The Client understands and agrees that Website Maintenance is performed on a periodic basis depending on the size of the website. Any request by the Client in excess of the maintenance plans will be billed separately and must be submitted via email between 10 AM to 4 PM, Mon – Fri. Any request received after 4 PM will be considered as a request for the next day. The client agrees that to process such requests, the Maintenance Service Provider may take 3 to 5 business days depending on the request queue.
Monthly Maintenance Guarantee: The Client understands and agrees that web maintenance is done on an open-source content management system such as WordPress and/or Woocommerce, third-party plugin, interface that is saved on a third-party hosting server and failure or success of such updates depends on a number of factors such as server response time, server bandwidth, internet connection, version compatibility with other plugins, widgets, by the act of God; making the monthly maintenance guarantee ineffective and therefore agrees to hold the Maintenance Service Provider harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorney’s fees.
Monthly Paid Subscription Cancellation Policy: Cancellation of any monthly paid subscription plan such as the Technical Maintenance Plans, Monthly SEO Plans, Google AdWords Management, Analytics Reporting must be notified Thirty (30) days before the cancellation date via email/mail. In the event that updates are postponed or canceled at the request of the Client by email, the monthly Service Provider shall have the right to retain 50% of the original payment as a deposit and maintenance expenses. In the event this amount is not sufficient to cover the Maintenance Service Provider for time and expense already invested in the maintenance, an additional payment may be due. If additional payment is due, this will be billed to the Client within 10 days of notification via email to stop monthly updates. The final payment will be expected under the same terms as listed in this agreement.
GOOGLE CONSOLE / WEBMASTER, ANALYTICS, ADWORDS, FACEBOOK ADVERTISING TERMS
Payment to Google AdWords, Facebook Advertising and Social Media Ads: For Client’s purchasing Google AdWords and/or Facebook Advertising Services: Pay-Per-Click PPC is a paid advertisement service where the Client pays directly to Google Inc. and Facebook Inc. for any clicks (pay-per-click) that the online web visitors may click using the Ad’s/Campaigns designed by the Service Provider. The Client agrees to pay in full the set daily / weekly /monthly/yearly budget for the Pay-Per-Click ad Campaigns to Google Inc. and Facebook Inc. and accept to hold harmless, protect, and defend the Service Provider and its subcontractors from any penalty or claim or suit arising from delay in Payments to Google Inc., Facebook Inc. The Client accepts and understands that the Service Provider/Monthly Service Provider does not pay on behalf of its Client to Google Inc., Facebook Inc., and the Client takes full responsibility to run their own Campaigns / Advertisements on Google, Facebook and associated Google, Facebook Affiliate channels. The Service Provider is responsible for only setting up the Client’s ad campaign account and managing it on a monthly basis (if the monthly service is purchased) but does not act as a payer for any Google or Facebook fees, penalty, bidding, or budget. The Client agrees to use their own credit card / alternate payment methods to pay to Facebook Inc., the Service Provider should not be held responsible for any payments to Google Inc., and Facebook Inc. in order to run the Ads/Campaigns. If the Client chooses to disable ads with no prior notice to the Service Provider when on monthly maintenance, the Service Provider should not be held responsible for any maintenance unless the campaigns are reactivated.
Google AdWords, Facebook Advertising Campaign, and Advertisement Design: The client agrees that the Service Provider may use free accounts for Google AdWords. The Client agrees to provide the Service Provider with keywords related to the targeted niche along with different demographics, geographic locations, and age groups. This will also include an idea, message, text, or pictures furnished by the Client to the Service Provider. Once the Advertisement Design is approved by the Client, any further changes to the design will incur an additional cost.
Google AdWords, Facebook Advertising Campaign Success Rate: Even though the Service Provider will make every effort to the best of knowledge and ability to a setup Clients account, campaigns, budgeting, and ad designs in order to maximize results and success rate, failure of such (Paid Ads on Google AdWords) advertisements cannot be neglected. Google AdWords is a third-party application that the Service Provider will use to set up the Client’s account and design campaigns but does not own or control the application (AdWords Algorithm or system application). Failure with Paid Ads can happen due to many reasons such as higher bidding by competitors, shortage of Clients’ funds, technical reasons, human error, or the act of God. In any case of failure, the Client agrees and will hold harmless, protect and defend the Service Provider and its Subcontractors from any lawsuit(s).
Google Tools, AdWords, and Facebook PPC Refund Policy: No refunds will be made on “Google AdWords PPC”, “Webmaster or Google Console”, “Google Analytics”, “Facebook Advertising” and any related “Monthly Maintenance” and “Reporting” Services. The Service Provider does not offer a refund for glitch and Google, Facebook AD policy violations found on the Client’s website – this includes any disapproval, illegibility from Google, Facebook team for the campaigns set up by the Service Provider due to improper format of the Clients website such as Parked Domain, Prohibited Content, Practices, Restricted Content, Editorial or technical violation as described here. The Client understands and agrees that the Service Provider has no control over the Client’s website and in order for AD Campaigns to work/function, their web page and websites must comply with Google, Facebook policies. The Client understands and agrees that the Service Provider is only responsible for setting up accounts, creating campaigns, and making changes as per the Client’s request to the running campaigns and therefore should not be held liable for any performance issues, damages, online sales, web visitors, online web traffic, pay-per-click traffic, bidding, and any related issues with AdWords or Facebook advertising Services.
Payment to Google Inc. and Facebook Inc.: The Service Provider uses free Facebook, Google Analytics, Webmaster Tools accounts to set up, track and monitor the website and ad campaigns. If the Client chooses to use any premium Google or Facebook services, the Client agrees to pay the premium fees directly to Google Inc. and Facebook Inc. The Service Provider is not responsible for any such payments.
Google Analytics Code Installation: The client agrees that the Service Provider is not responsible for installing the Google Analytics code on the Client’s website. The Service Provider will generate the Google Analytics code and will provide this to the Client via email. Only upon receiving the Client’s written request, the Service Provider will install the Google Analytics Code on a Client website. Additional fees will be applicable for such installations.
Web Improvements related to Google Console/Webmaster, Analytics: Even though the Service Provider will make every effort to the best of knowledge and ability to set up Clients account, it is not the responsibility of the Service Provider to improve the website or ad performance. Google Analytics™ or Webmaster Tools™ or Reporting service is a tracking and monitoring service and not a web improvement or redesign service. The Service Provider will set up the accounts or will send reports with user data, statistics, and advice on how to improve web/ad performance, but if the Client wants the Service Provider to revamp or fix the ad/websites – additional fees will be applicable. The Client agrees and will hold harmless, protect and defend the Service Provider and its Subcontractors from any lawsuit(s).
SEO Definitions, Guarantee & Refund:
35.1 SEO Definitions: SEO is also known as Search Engine Optimization or Organic SEO. Definition of Single or multiple keywords related to your website content, service(s) or product(s). We will work with all keywords and/or keyword phrases provided by clients and make every effort possible to bring said keyword and/or keywords phrases to the top of major search engines like Google, Yahoo and/or Bing. However, the client must clearly understand that ‘organic SEO’ programs cannot guarantee ‘specific’ keywords and/or keyword phrases in specific search engines. Instead, our guarantee covers keyword and/or keyword phrase rankings related to a client’s website product and/or services.
SEO Guarantee: The Client understands and agrees that Search Engines such as Google, Ask, Bing and Yahoo, etc. are third-party websites that the Service Provider has no control over and Service Providers Services are only confined to optimizing the Client website with the best possible legit method and keywords. Our guarantee for the first page or the first five-page depends on the amount of competition in your niche, keyword saturation, search engine algorithms, domain age, server response time and many other technical factors. Our aim is a competitive ranking. The proliferation of boilerplate sites in these industries means that the only chance of traffic is comprehensive, professional optimization, as we offer in our SEO Services.
SEO Commitment: The contract is in force for at least 6 months from the Contract Start Date, with an automatic renewal on the anniversary of the contract start date for subsequent months. After 6 months, your contract will stay in force on a month-to-month basis until you provide notice of cancellation.
SEO Performance Refunds: In the case where the Client’s web URL is not found on the first 5 pages of Google, Yahoo, or Bing, NO REFUNDS will be made before 6 months because the usual organic optimization takes at least 6 months to show results. Indexing and ranking in search engines are subject to server uptime, server settings, DNS settings, website coding, and/or optimized content remaining intact. These inconsistencies can be corrected but will delay indexing and ranking. The Service Provider will evaluate the results thoroughly before issuing any refunds. Seo performance refund is subject to the below conditions only: Major Search Engines: We guarantee your website (domain) will be found in at least the first five pages of top search engines like Google, Bing, or Yahoo (which combined represent 92% of all search engine traffic) using single or multiple keywords, phrases related to your website content, service(s) or product(s)! Your website will be found in the first five pages of at least one of the above major search engines.
Over-writing and re-installs: It is the client’s responsibility to ensure optimized and/or installed content remains intact. If updating/editing the website from copies on your PC, you will need to download and use optimized files prepared for your assignment. Publishing changes without updating your local files will erase optimized content. Re-installation charges may apply if we are required to re-install over-written optimized content.
Google – Yahoo – Bing Local (maps): Positioning (ranking) cannot be guaranteed in Google Local (maps), Yahoo local (maps) or Bing Local (maps). The optimization is confined to the Client’s website and keywords, this does not include Google Maps or Google Places.
Planning and quoting for your project
We will generate a plan and quote for the production of your project, and this is sent to you as an email. By agreeing to these terms and conditions, you are accepting that you have read, and agree to, the plan and quote that is sent to you. Any plans and quotes are valid for thirty days from the date of submission.
The plan and quote we provide to you are only valid based on the information you give us is true. Any changes in circumstances or requirements may result in an amended plan and quote.
Changes and amendments to your project after completion
We will provide you with a draft, watermarked version(s) of your project file(s) once the post-production stage is complete. You will then be allowed five working days to notify us of any editorial changes or amendments you may require. Changes or amendments may only be editorial – those that affect the original brief are not included.
Any changes or amendments that affect the original brief may be subject to an additional charge.
Any changes or amendments that we are notified of after five days of the submission of the watermarked draft may be subject to an additional charge.
Our right to cancel
We reserve all rights to terminate our provision of service to you at any time. In the event of our cancellation, any deposit will be fully refunded.
Reasons for cancellation may include, but are not limited to, staff illness, short notice medical or family emergencies, or natural/human disasters/events.
Your right to cancel
You reserve all rights to terminate the provision of our services with a minimum 30 days notice.
In the event of any cancellation on your behalf, all deposit payments are non-refundable.
Late payments
Invoice credit terms will be specified at the foot of the document. Payment is required before the credit term expires.
If payment is not received within the specified credit terms, we are entitled to levy an additional charge of 8% over the invoice that remains unpaid. This policy will be enforced with immediate effect once the credit term has expired.
Annual Agreements
Discount & Payment: Clients who opt for annual agreements receive 25-50% discount. Payment for annual agreements will be made in either one lumpsum or at mutually agreed upon installments over the 12-month period.
Disclaimer: Clients agree that failure to make a scheduled payment on time constitutes a default under this Agreement. Clients acknowledge that Immersive Web Design dedicates time and resources for their project, potentially turning down other work, and that breach of terms may incur losses for both parties.
Cancellation and Early Termination: Clients on annual agreements must provide 60 days’ written notice prior to cancellation.
Failure to provide adequate notice will result in forfeiture of any discount received. Immersive Web Design reserves the right, at its sole discretion, to deny a cancellation request or to impose an early termination fee equivalent to up to 50% of the remaining installment amount. In the event of insufficient notice, IWD Services reserves the right to demand the remainder of the invoice in full.
Binding Agreement: By opting into an annual agreement and continuing to work with Immersive Web Design, the Client agrees to be legally bound by these Annual Agreement terms, as well as all other sections of our Terms of Service. Failure to comply with the terms constitutes a material breach of this Agreement.