Web Design Terms of Service

The Terms of Service below apply to Dynamite Design & Hosting Ltd Web Design services.

Acceptable Conduct

You are responsible for the actions of all users of your account and any data that is created, stored, displayed by, or transmitted by your account while using Dynamite Design & Hosting. You will not engage in any activity that interferes with or disrupts Dynamite Design & Hostings services or networks connected to Dynamite Design & Hosting

Invoicing and Payment

You agree that Dynamite Design & Hosting shall be permitted to charge you on a monthly or annual for providing services. Payment is due by the date stated on the invoice, services may be interrupted on accounts that are still outstanding one full month unless other arrangements are made. Accounts that are not collectable by Dynamite Design & Hosting may be turned over to an outside collection agency for collection. The account holder will be liable for all collection costs in this instance.

You are aware that Dynamite Design & Hosting may prospectively change the specified rates and charges from time to time.

Dynamite Design & Hosting is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by Dynamite Design & Hosting. Currency exchange settlements will be based on agreements between you and your bank or credit card provider. All refunds are subject to a $5.00 service charge unless cancelling with the 30 day money-back guarantee period.

Account Cancellation or Suspension

Dynamite Design & Hosting reserves the right to suspend network access to any customer if, in the judgment of the Dynamite Design & Hosting network administrators, the customer’s website or email is the source or target of a violation of any of the other terms of service or for any other reason which Dynamite Design & Hosting chooses. Dynamite Design & Hosting will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference. Dynamite Design & Hosting reserves the right to terminate service without notice for continued and repeated violations of the terms of service. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer’s website(s) or email(s) were suspended.

If at any time it becomes necessary for Dynamite Design & Hosting to cancel a customer’s service without cause, Dynamite Design & Hosting will provide 30 days advance notice.

You may cancel the service at any time calling us on 0800 Web Guy, or sending an email to support@dynamite.net.nz. Cancellation of service does not relieve the customer of responsibility for the payment of all accrued charges.

Data Integrity

The customer is responsible for keeping a complete and current copy of their website/email files as a backup on a remote system (not solely on Dynamite Design & Hosting servers).

Dynamite Design & Hosting is not responsible for any lost files, information or data.

Dynamite Design & Hosting makes regular internal backups of internal system configurations and databases. These backups are not intended for keeping backups of customer websites.

Although Dynamite Design & Hosting backups may include customer sites and information for disaster recovery purposes, these backups are not to be relied on by the customer. Dynamite Design & Hosting does not guarantee to possess the most current copy of a subscriber’s website/email in its own backups, however, if a customer is to require part of their website/email restored from a previous backup, this will be charged at $100 per hour.

Fair Use

All our Services are subject to this fair use clause. We may apply this fair use clause where in our reasonable opinion your use of our Services is excessive and/or unreasonable as detailed below.

We have developed this fair use clause by reference to average customer profiles and estimated customer use of our Services.

If your use of our services materially exceeds estimated use patterns over any month, then your use will be excessive and/or unreasonable.

If your use is excessive and/or unreasonable Dynamite Design & Hosting may contact you to advise you that your use is in breach of this fair use clause.

We may then request that you stop or alter your use to come within our fair use clause.

If your excessive or unreasonable use continues after receipt of a request to stop or alter the nature of such use, we may without further notice, apply charges to your account for the excessive and/or unreasonable element of your use of our services.

Limitation of Liability

Customer acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of Dynamite Design & Hosting and that damages resulting from any interruption of service are difficult to ascertain. Therefore, the customer agrees that Dynamite Design & Hosting shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Dynamite Design & Hosting. Customer further acknowledges that Dynamite Design & Hosting liability for its own negligence may not, in any event, exceed an amount equivalent to charges payable by customer for services during the period damages occurred. In no event shall Dynamite Design & Hosting be liable for any special or consequential damages, loss or injury. Dynamite Design & Hosting is not responsible for any damages your business may suffer. Dynamite Design & Hosting does not make implied or written warranties for any of our services. Dynamite Design & Hosting denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Dynamite Design & Hosting.

Disclosure to Law Enforcement

The Terms of Service specifically prohibits the use of our service for illegal activities. Therefore, the customer agrees that Dynamite Design & Hosting may disclose any and all customer information account history, account use, etc. to any court who sends us a valid Court Order, without further consent or notification to the customer. In addition, Dynamite Design & Hosting shall have the right to terminate all service set forth in this Agreement.

Warranty Disclaimer

You agree that your use of Dynamite Design & Hosting shall be at your sole risk. All services provided by Dynamite Design & Hosting are available as is, without warranty.

Indemnity

Dynamite Design & Hosting wishes to emphasize that in agreeing to the Dynamite Design & Hosting Terms of Service, customer indemnifies Dynamite Design & Hosting for any violation of the Terms of Service that results in loss to Dynamite Design & Hosting or the bringing of any claim against Dynamite Design & Hosting by any third-party. This means that if Dynamite Design & Hosting is sued because of a customer’s or a customer of a customer’s activity, the customer will pay any damages awarded against Dynamite Design & Hosting, plus all costs and reasonable attorney’s fees.

Notice

You agree that Dynamite Design & Hosting may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on Dynamite Design & Hosting services.

Entire Agreement

The Terms of Service (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and Dynamite Design & Hosting and govern your use of Dynamite Design & Hosting services, superseding any prior agreements between you and Dynamite Design & Hosting for the use of Dynamite Design & Hosting services.

Waiver and Severability of Terms

The failure Dynamite Design & Hosting to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the party’s intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Dynamite Design & Hosting services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Uptime Guarantee

Dynamite Design & Hosting provides a 98% uptime guarantee on all Dynamite Design & Hosting hardware and network connectivity. If your website or email is down more than 2% for the previous month, you may request a full months refund. Refund requests must be made within 60 days of the end of the month which your website or email was down for more than 2%.

Support Boundaries

Some of Dynamite Design & Hosting services may require a certain level of knowledge in the use of Internet languages, protocols, and software, while other services may be handled for you. This level of knowledge varies depending on the anticipated use and desired content of your website/email or the services to which you subscribe.

Your Privacy

We do not share or sell any of your details with third party companies, without your express permission and we will only email you or contact you about work related matters.

Complaints Procedure

Informal procedure

Anyone who experiences a problem with their web service provided by Dynamite Design & Hosting should raise the matter directly by calling us on 0800 Web Guy or emailing support@dynamite.net.nz, giving sufficient information to locate the material (such as an URL) and clearly outlining the grounds for complaint.

Dynamite Design & Hosting will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.

Formal procedure

The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.

A formal complaint should be made in writing to Dynamite Design & Hosting, PO Box 31418, Lower Hutt 5040, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.

An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.

The Terms of Service below apply to Dynamite Design & Hosting’s web design services, in addition to Dynamite Design & Hosting’s general services Terms of Service.

General

Dynamite Design & Hosting will carry out work only where an agreement is provided either by email, telephone, mail or fax. Dynamite Design & Hosting will carry out work only for customers who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between Dynamite Design & Hosting and the customer; this includes telephone and email agreements.

Website Design

Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Dynamite Design & Hosting cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.

The website, graphics and any programming code remain the property of Dynamite Design & Hosting until all outstanding accounts are paid in full.

Any scripts, CGI applications, PHP scripts, or software (unless specifically agreed) written by Dynamite Design & Hosting remain the copyright of Dynamite Design & Hosting and may only be commercially reproduced or resold with the permission of Dynamite Design & Hosting.

Dynamite Design & Hosting cannot take responsibility for any copyright infringements caused by materials submitted by the customer. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

Any additions to briefs provided will be carried out at the discretion of Dynamite Design & Hosting and where no charge is made by Dynamite Design & Hosting for such additions, Dynamite Design & Hosting accept no responsibility to ensure such additions are error free and reserve the right to charge an according to the amount for any correction to these or further additions.

The customer agrees to make available as soon as is reasonably possible to Dynamite Design & Hosting all materials required completing the site to the agreed standard and within the set deadline.

Dynamite Design & Hosting will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

Dynamite Design & Hosting will not be liable or become involved in any disputes between the site owner and their customers and cannot be held responsible for any wrongdoing on the part of a site owner. eg. Any disputes re content/images that have been provided to us for inclusion on the site.

Dynamite Design & Hosting will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the customer or any of the customers appointed agents.

A non-refundable deposit of 50% is required with all of our projects before any design work will be carried out.

Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms, listed in the general terms. There are no exceptions to this, i.e If the customer decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non-payment will result in legal action being taken if necessary. Once full payment is received for a website, it is assumed that the project has been completed to the customer’s satisfaction and no refunds can be offered. We do offer free updates for a month after completion to allow for any final amendments that may be required.

Database, Application and E-Commerce Development

Dynamite Design & Hosting cannot take responsibility for any losses incurred by the use of any software created for the customer. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the customer in ensuring that all software is functioning correctly before use.

Any scripts, applications or software (unless specifically agreed) written by Dynamite Design & Hosting remain the copyright of Dynamite Design & Hosting and may only be commercially reproduced or resold with the permission of Sims Designs.

Where applications or sites are developed on servers not recommended by Sims Designs, the customer is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed.

The customer is expected to test fully any application or programming relating to a site developed by Dynamite Design & Hosting before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Dynamite Design & Hosting will endeavour to correct these issues to meet the standards of function outlined in the brief, at additional cost to the customer

Compatibility

Dynamite Design & Hosting will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the latest stable version of Firefox and Chrome and to an acceptable level with Internet Explorer and Microsoft Edge browsers. Dynamite Design & Hosting can offer no guarantees of correct function with all browser software.

Website Optimisation

Due to external factors, such as changes to the way search engines rank websites, Dynamite Design & Hosting cannot offer any guarantees regarding the position we will achieve for websites. The process of optimizing websites itself will bring in more traffic and hits and you’ll see visits increase to your site naturally. We cannot accept liability for any change in rankings or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.

We use ‘white hat techniques’ when optimizing websites and always aim to achieve a top ten ranking for your website within six months of undertaking the optimization process. Due to the work involved payment is generally required in advance and we are unable to offer a refund of any money to clients in relation to this type of work.

Dynamite Design & Hosting reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.