WEB SITE DEVELOPMENT AGREEMENT

(STANDARD TERMS AND CONDITIONS)

Summary:

WebTrendz eConsultancy will endeavour to operate in a fair and reasonable manner at all times, and it is part of our ethos to ensure we maintain a great relationship with our Clients. It is, however, important to agree to certain contractual aspects in order to protect both parties.

Acceptance:

A Client doesn’t need to have signed an acceptance of these Terms and Conditions for them to apply. By accepting a quotation, Proposal, or Offer of Service either verbally, electronically, or in writing, or by making payment of an invoice, the Client acknowledges having read, understood and accepted these Terms and Conditions in full and agrees to be legally bound by these Terms and Conditions. If a Client is using the Services on behalf of an organisation, they are agreeing to these Terms for that organisation and committing to the Vendor that they have the authority to bind that organisation to these terms and conditions. Should the Client end their affiliation with their organisation, the organisation is legally bound, pursuant to the Vendor’s terms and conditions.

By undertaking a project with WebTrendz eConsultancy, you are agreeing to the following terms and conditions.

Relationship of the Parties:

The parties intend that this contract will create an independent contractor relationship, and that no partnership, joint venture or employee/employer relationship is intended or implied.

Privacy:

Under New Zealand’s Privacy Act 2020 and the Health Information Privacy Code (if applicable), we collect, use, and store client data based on transparency, necessity, and strict security. Your data is only used for its intended purpose and is safeguarded to prevent unauthorised access or disclosure.

How We Handle Your Data

Our data practices align directly with New Zealand’s core privacy obligations:

• Lawful Collection: We only collect the specific personal information necessary to deliver our services. When collected directly, we ensure you know what we are collecting and why.
• Strict Security: We implement reasonable physical, technical, and administrative safeguards to protect your personal details from misuse, loss, or unauthorised disclosure.
• Limited Disclosure: Your information is not shared with third parties or overseas entities without your consent, unless specifically authorised or required by NZ law.
• Access and Correction: You have the right to request access to the personal information we hold about you and to ask for corrections if you believe it is inaccurate.
• Data Retention: We retain your information only as long as required for our lawful business purposes or legal obligations, after which it is securely deleted or destroyed.

Confidential information:

Each party will keep confidential all confidential and proprietary information, materials, and intellectual property obtained from the other party, in any form, that is confidential in nature, or expressed to be confidential, (“Confidential Information”), and will not disclose that information to a third party, nor use that information other than for the purposes of this Agreement, without the consent of the other party.

Confidential Information includes the fees charged by WebTrendz eConsultancy, this Agreement and any Proposals, Statements of Work or other materials containing pricing, processes, or trade secrets supplied to the Client by WebTrendz eConsultancy. The Client agrees to keep the Confidential Information in confidence and shall not, at any time during or after the term of this Agreement, without WebTrendz eConsultancy’s prior written consent, disclose or otherwise make available to anyone, either directly or indirectly, all or any part of the Confidential Information.

Each party shall ensure that its employees, agents, contractors and third parties abide by these obligations of confidentiality. A party is not required to comply with this clause to the extent that the Confidential Information: is clearly required to be disclosed by law; was already in that party’s possession at the time the Confidential Information was obtained from the other party; is generally known and available by the public without that party having breached its obligations under this clause; was disclosed to it by a third party who has the right to make such disclosure; or has been independently developed without the benefit or use of the other party’s Confidential Information.

Mutual non-disclosure:

Client and/or WebTrendz eConsultancy (“Receiving Party” and/or “Disclosing Party”) shall hold and maintain all confidential information in the strictest confidence for the sole and exclusive benefit of the Disclosing Party. No party shall disclose any of the other party’s Confidential Information to any person, and must also ensure their employees, agents, contractors and third parties do not disclose such information, except as required for the proper use and performance of the Goods and Services, and then on a confidential basis.

Receiving party shall carefully restrict access to confidential information to employees, agents, contractors and third parties as is reasonably required.

Receiving Party shall not, without prior written approval of Disclosing Party, use for Receiving Party’s own benefit, publish, copy, reproduce, distribute or otherwise disclose to others, or permit the use by others for their benefit or to the detriment of Disclosing Party, any confidential information. Receiving Party shall return to Disclosing Party any and all records, notes, and other written, printed, or tangible materials in its possession pertaining to Confidential Information immediately if Disclosing Party requests it in writing.

The parties will immediately inform the other if they become aware or suspect there has been or could be an unauthorised disclosure of Confidential Information, or if they are required by law to disclose it.

Quote and Pricing Validity:

Any Quotation, Proposal or Offer of Service is valid for 30 days from the date of issue. If work has not commenced or the quote has not been accepted within this 30-day period, we reserve the right to review and revise the pricing based on current market conditions.

GST

All prices are quoted exclusive of GST. GST is payable by New Zealand residents; this cost does not apply to overseas orders. WebTrendz eConsultancy currently does not invoice GST.

Terms of Payment

An invoice for 25% of the price for the project, plus any Software Licensing and other listed fees (Initial Payment) as shown in the Payment Schedule in the Proposal or Offer of Service, will be provided on Acceptance of the Proposal. This invoice must be paid before the project can commence.

A progress invoice for 25% of the estimated price for the project will be provided after one calendar month. This invoice must be paid prior to continued work on your project. 

A second progress invoice for 25% of the estimated price for the project will be provided after two calendar months. This invoice must be paid prior to continued work on your project

Once the project is complete and approved by the Client, the final invoice for the remaining 25% or outstanding balance for the project (including any changes, variations or project expenses) will be provided. 

Payment shall be made within 10 days of the date of issue of the invoice unless otherwise arranged.

If we are forced to hand your account over to a debt collection agency for collection you will be liable for any collection costs incurred.

No Set-Off:

All payments to be made by the Client under this Agreement shall be made in full without any set-off, counterclaim, deduction, or withholding of any kind.

Project Process:

WebTrendz eConsultancy cannot always guarantee to start work immediately on a project, but will arrange a date with the Client as to when work can commence.

If WebTrendz eConsultancy has produced a Proposal or Offer of Service document for the project then we will commence work at once, provided you supply us with:

• Final data, information, logos, designs, graphics, and related materials to be incorporated into the Website solution, ready for publication, prior to the Project Scoping Meeting. Any further material supplied at a later date may incur an additional charge.
• Pay the Initial Payment prior to the Project starting
• Where applicable, comply with all the terms of the Website hosting agreement
• Should you decide to make design changes once the concept has been signed off, WebTrendz eConsultancy may quote for an additional charge.

During the Website Development Process, WebTrendz eConsultancy may, at intervals, place versions of the Client’s Website on one of WebTrendz eConsultancy’s demonstration servers so that the Client may view and comment upon the Website’s progress, and approve design concepts and prototypes. 

When both WebTrendz eConsultancy and the Client agree that the Website meets the criteria agreed during the project scoping process, WebTrendz eConsultancy will invoice the Client for the remainder of the amount due for the project. At WebTrendz eConsultancy’s discretion, WebTrendz eConsultancy may choose to delay publishing some Clients’ websites until full payment for the project has been received.

Acceptance Testing:

The Client will conduct the acceptance tests on the deliverables within 2 weeks of installation to ensure that they perform in accordance with the Proposal. If a deliverable does not pass the acceptance test, WebTrendz eConsultancy will correct the failure. The Client will then repeat the acceptance test. Such processes shall continue until the relevant deliverable passes the acceptance test.

If, during the project process, the Client requests additional or changed functionality/content from the deliverables outlined in the specification or Proposal, then WebTrendz eConsultancy will provide a time plus materials quote, which will be in addition to the cost of the Website project.

The Website will be designed and tested to operate on current versions of mainstream PC and Mac Web browsers, including those made by Apple (Safari), Google (Chrome), Microsoft (EDGE), Mozilla and Firefox. Additionally, the Website will be tested on mainstream mobile devices including iOS; Safari, Chrome; Android 4: Chrome and Firefox.

Exclusivity:

The parties acknowledge that WebTrendz eConsultancy may accept jobs from other clients to develop solutions with the same or similar functionality to the Client’s Website solution, and that WebTrendz eConsultancy may replicate and reuse techniques, structures and modules of program code used in the creation of the Website solution.

The Client agrees that WebTrendz eConsultancy may perform the same or similar types of services for other parties, including possibly some of the Client’s competitors. WebTrendz eConsultancy does not implicitly offer exclusivity to any Client for their defined industry.

Trademarks and Copyrights:

All material, both text and images, supplied by the Client and used in the construction of the Client’s Website, will remain the Client’s property. All such material will be assumed to be the property of the Client and free to use without fear of breach of copyright laws.

The Client agrees that they are solely responsible for any and all trademark, copyright and IP procedures. This includes a search to identify that any designs, logos or business names are not previously trademarked or copyrighted by any party unless stated otherwise. WebTrendz eConsultancy will not be liable for any costs or losses that relate to or arise out of any claim that a trademark or design mark deliverable infringes upon, or interferes with the trademark rights of any third party.

The copyright for all material provided by WebTrendz eConsultancy, such as HTML code, graphics, photographs and text, but excluding software code, will remain the property of WebTrendz eConsultancy until such time as WebTrendz eConsultancy receives full payment, whereupon it will become the property of the Client.

Client acknowledges that certain artwork, photographs, plugins or other resources contained in materials supplied by WebTrendz eConsultancy may be licensed from third parties to provide functionality for the site, and that Client may be restricted from reusing or altering such Third-party IP by the terms of the applicable licenses. Ownership in these instances is unable to be transferred.

All software code provided as a part of the Website will remain at all times the property of WebTrendz eConsultancy. The Client will be granted a single-use, single site, source code license to the software code. The Client may not sell or redistribute the software code. The Client may not use the software code in more than one installation. The Client will be given access to the source code and may take the code to another developer for purposes of maintaining or extending the system.

In the case of business restructuring or ownership change, ownership of the website may be transferred from one owner to another. New owners are not allowed to resell or re-use for any commercial or non-commercial purpose other than what the original Website Design & Build Proposal – Offer of Service stated.

WebTrendz eConsultancy reserves the right to display and link to your project as part of our marketing and promotion, including portfolio and to write about it on websites, magazine articles and in books.

Rights of refusal:

WebTrendz eConsultancy will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities. WebTrendz eConsultancy also reserves the right to decline any request for work that is considered to be contrary to their professional standards or that, in WebTrendz eConsultancy’s view, may be harmful to their reputation. If Client objects to WebTrendz eConsultancy declining any work under this clause, WebTrendz eConsultancy has the right to terminate this Agreement with 7 days’ notice.

In the situation where any images and/or data that WebTrendz eConsultancy does include in all good faith, and subsequently discovers is in contravention to such Terms and Conditions, the Client is obliged to allow WebTrendz eConsultancy to remove the contravention without hindrance, or penalty. WebTrendz eConsultancy is not to be held in any way responsible for any such data being included.

Limitation of Liability; General:

Neither party will be liable to the other for any indirect or consequential damages, including but not limited to, loss of profits or for any claim made on a party by any third party.

Neither party will be liable to the other for any loss or damage directly or indirectly arising out of or in connection with any delay in delivery of the goods or failure to perform its obligations under this agreement where such delay is caused directly or indirectly by an act of God, armed conflict, labour dispute, civil commotion, intervention of a government, inability to obtain labour, materials or manufacturing facilities, accidents, interruptions of, or delay in, transportation or any other cause beyond WebTrendz eConsultancy’s control.

WebTrendz eConsultancy uses third-party services, plugins, extensions and open-source technology for web design and development projects. Whilst every care will be taken to ensure the website and any scripts or programs are free of errors, WebTrendz eConsultancy cannot take responsibility for any losses incurred due to the malfunction of the website or any part of it.

WebTrendz eConsultancy does not take responsibility for any unforeseen advancements in technology that may have negative effects on any aspects of the Client’s site or system.

Client agrees to defend, indemnify and hold WebTrendz eConsultancy harmless from and against any and all claims, losses, liabilities and expenses (including attorneys’ fees) related to or arising out of the services provided by us to Client under this agreement, including without limitation claims made by third parties (including your customers) related to any false advertising claims, liability claims for products or services sold by Client, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided hereunder (including malfunction of Website/Software or Internet), or for any content submitted by Client for publication by WebTrendz eConsultancy.

If, despite the other provisions of this agreement, WebTrendz eConsultancy is found to be liable to the Client, then its liability for any single event or series of related events is limited to the total fees payable to us under this contract.

Due to the public nature of the Internet, all material submitted by you for publication will be considered publicly accessible. WebTrendz eConsultancy does not screen in advance customer material submitted to WebTrendz eConsultancy for publication. WebTrendz eConsultancy’s publication of material submitted by customers does not create any express or implied approval by WebTrendz eConsultancy of such material, nor does it indicate that such material complies with the terms of this agreement.

Errors and Omissions:

The Client acknowledges that it is their sole responsibility to check the final website, content, and functionality for errors, omissions, and accuracy prior to final approval and launch. While WebTrendz eConsultancy will make every effort to ensure a high-quality product, WebTrendz eConsultancy shall have no liability for any inadvertent mistakes, errors, or omissions discovered after the Client’s final written or verbal sign-off.

WebTrendz eConsultancy will not be responsible for errors that occur in the absence of written instructions or in the case of ambiguous and unclear instructions. 

WebTrendz eConsultancy’s total liability for any claim, error, or omission shall not exceed the total fees actually paid by the Client under this Agreement.

Limitation of Liability; Project Outcomes:

The Client acknowledges that no Agency can ever guarantee the success of a project for which they are providing services (such as higher sales or larger Clientele); that WebTrendz eConsultancy makes no representations or warranties regarding the results of its services, and that WebTrendz eConsultancy will have no liability for such results.

Limitation of Liability; Loss and damage to website content or data:

While WebTrendz eConsultancy will endeavour to avoid damaging or losing the Client’s website content and data when performing the Services, WebTrendz eConsultancy does not promise or represent that the Client’s content or data will never be lost or damaged in the provision of the Services. The Client understands and accepts that should an issue need to be resolved on their website, or a rollback to a previous version, some of the Client’s content or data may be at risk of being lost or damaged. In this rare circumstance, the Client may add their content again, or request for WebTrendz eConsultancy to quote and/or invoice to add the lost or damaged content. WebTrendz eConsultancy shall not be held liable for adding any content without charging.

Limitation of Liability; Website security:

WebTrendz eConsultancy will endeavour to make all websites as secure as possible. However, WebTrendz eConsultancy cannot be held responsible for any hacked, maliciously attacked or compromised websites. If the Client identifies an issue with their website or, upon checking, the Vendor identifies a problem, the issue can be investigated. WebTrendz eConsultancy accepts no liability if a website is hacked or compromised in any way and WebTrendz eConsultancy reserves the right to quote and/or invoice for any work involved in investigating/solving the issue.

Website launch days:

Client acknowledges that WebTrendz eConsultancy does not launch websites on Fridays, days before a public holiday or the Christmas/New Year closedown period.

Website revisions after go-live:

Any revisions or modifications requested to a website after the Go-Live approval will incur additional charges.

Content management system use:

Please note that the content management system of the website allows flexibility to manage simple content and image updates. It is not a total solution for updating 100% of the website’s content. Further to this, some areas are complex and if updated can cause major issues with the look or performance of the website. The Client agrees that they should only update areas they are familiar with. If an issue arises with the website as a result of content management a charge may apply to revert changes and rectify any problems.

Maintenance:

WebTrendz eConsultancy provides maintenance services for its Clients; however, any maintenance or updates are outside the scope of the design project. Should technical support be required, normal business hours support is available on 06 8684273 or by emailing support@webtrendz.nz. 

The best insurance option for unforeseen hacks, security updates, system upgrades, version upgrades, and general maintenance is our Website Care Plan, which includes a wide range of services for a single monthly fee.

Due to the nature of rapidly advancing technology and the open-source nature of WordPress and WordPress themes and plugins, WebTrendz eConsultancy cannot guarantee that the website will be safe from security breaches, unauthorised access, or hacking. WebTrendz eConsultancy recommends the use of strong passwords and the observance of standard security practices. To minimise the chances of security violations, WordPress and its plugins and themes must be kept up to date.

In the absence of a maintenance plan, when updates are required, WebTrendz eConsultancy will provide time and materials-based quotes for this work. It is recommended that Clients should not attempt to make these updates themselves. Doing so can create errors and incur additional costs to fix.

Search engine submission:

The Client understands that search engines are independent companies that select and rank sites using their own criteria. WebTrendz eConsultancy cannot guarantee and takes no responsibility regarding the appearance and position on search engines. Acceptance by any search engine cannot be guaranteed, and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added or existing sites are optimised.

Website optimisation for search engines:

WebTrendz eConsultancy will, as part of setting up the Client’s website, endeavour to make the website “Google-friendly” for the website to be accessible to search engines. This includes employing industry best practices for website design and development, such as optimising page load speed, utilising clean code structure, implementing appropriate meta tags, and ensuring responsive design for mobile devices.

However, the Client agrees that WebTrendz eConsultancy cannot and does not guarantee where and when the website will be ranked.

The Client understands and acknowledges that achieving high search engine rankings and optimising the website for targeted keywords require ongoing efforts and expertise beyond the scope of the initial website design. The Client acknowledges that for search engine optimisation, one of WebTrendz eConsultancy’s SEO plans is required to be purchased. 

Search engine optimisation (SEO) plans:

WebTrendz eConsultancy will perform the SEO services utilising best practice strategies and up-to-date techniques and will make recommendations to best achieve the Client’s goals, but cannot guarantee results. WebTrendz eConsultancy does not warrant that this effort will be successful, nor can they warrant the time that the position in a search engine will be held. The Client acknowledges that Google and other search engine algorithms are constantly changing and evolving their formulas and that WebTrendz eConsultancy has no control over these changes. 

The Client acknowledges and agrees that where they have purchased SEO services from WebTrendz eConsultancy that WebTrendz eConsultancy will not be held responsible regarding the following: any changes (adverse or otherwise whatsoever) in Client’s website rankings as a result of changes made by a search engine to its formulas for ranking a website or a webpage, duplicate content found on the website, the website is blacklisted due to written content or images on site, and effectiveness of keywords/key phrases. 

Google Ads Campaigns:

The Client acknowledges that while WebTrendz eConsultancy has expertise in online marketing and search engine optimisation, the degree of success of Google Ads campaigns is both subjective and dependent on factors that are outside of WebTrendz eConsultancy’s control. Accordingly, WebTrendz eConsultancy is unable to guarantee the success of any Google Ads campaign undertaken on behalf of and/or for the Client.

The Client acknowledges and agrees that in order to cancel the Google Ads campaign management, they are required to provide WebTrendz eConsultancy with a minimum of three (3) months’ written notice. The notice must be delivered via email. Payments will continue until 3 months after the date of the written notice of cancellation is received.

In the event that the Client wishes to take over their Google Ads marketing account/s at the end of a marketing campaign, or where the Client terminates the campaign, the Client acknowledges that the Client will incur a fee for the transfer of the online marketing account/s and this fee will be payable in full in advance of the transfer.

From time to time, Clients may choose to pause the Google Ads online marketing campaign/s set up and managed by WebTrendz eConsultancy. The Client acknowledges and agrees that where the Client’s marketing campaign/s is/are paused, the Client will continue to be liable for WebTrendz eConsultancy’s monthly management fee.

Website hosting with WebTrendz eConsultancy:

WebTrendz eConsultancy offers a web hosting service to host the websites that have been built for WebTrendz eConsultancy’s Clients. This is recommended to ensure the ongoing quality of service and successful implementation of the website. WebTrendz eConsultancy’s hosting service includes the hosting of the Client’s website files, regular backups and supply of a secure service. 

If the Client has retained WebTrendz eConsultancy to host its website, WebTrendz eConsultancy will charge monthly, quarterly or annual fees. Payment for web hosting is to be made immediately upon receipt of an invoice from WebTrendz eConsultancy. Hosting begins the day the Client’s site build begins. If the Client falls into arrears concerning those payments, WebTrendz eConsultancy reserves the right to suspend or shut the website down and will not be liable for any loss or damage whatsoever arising from such shutdown or suspension. 

WebTrendz eConsultancy reserves the right to adjust the prices of hosting plans once per year. The Client agrees that consent to such price increases does not require the consent of the Client.

Hosting fees do not include updates or changes to websites. For ongoing maintenance, one of WebTrendz eConsultancy’s website maintenance plans is required.

Limitation of Liability; Website hosting:

Although the standard of WebTrendz eConsultancy’s web hosting service is high, WebTrendz eConsultancy is unable to guarantee 100% up-time (as no web host would due to dependency on servers that require software upgrades and possible technical challenges which may interrupt its service). WebTrendz eConsultancy’s website hosting comes with a 99% uptime guarantee. WebTrendz eConsultancy does not guarantee continuous service and will accept no liability for loss of service, whatever the cause. WebTrendz eConsultancy cannot guarantee the functionality or operations of a website, or that it will be uninterrupted or error-free or that the website or the server that hosts the website is free from viruses or other forms of harmful computer code

WebTrendz eConsultancy does not constantly check the websites they host to ensure they are functioning correctly during routine use. It is therefore the responsibility of the Client to check that their website is operating as it should. WebTrendz eConsultancy is not responsible for any content published on the Client’s website. The Client is solely responsible for the security, confidentiality and integrity of all the content and messages received, transmitted through or stored on the web/server hosting service.

Non-payment of website hosting:

Accounts unpaid 30 days after the date of invoice will be subject to service interruption. Such interruption does not relieve the Client from the obligation to pay the amount owing.

In the event of the Client’s website being suspended from WebTrendz eConsultancy’s server and the Client requests the hosting service to resume, and has paid the outstanding balance owing, a charge of $250 will apply to reactivate the hosting and will be payable by the Client prior to reactivation.

Server maintenance and upgrades:

WebTrendz eConsultancy can, at its sole discretion (and at any time) choose to upgrade or move the Client’s website files to new servers for performance enhancements, routine maintenance or repair, or security reasons. Where WebTrendz eConsultancy is required to carry out planned modifications and/or maintenance to the services, WebTrendz eConsultancy will endeavour to complete this with no downtime, or when not possible, minimal downtime, with the services resuming as soon as reasonably practicable. If downtime is suspected to occur, WebTrendz eConsultancy will communicate this to the Client in advance.

Client cancellation of hosting services:

Hosting fees are non-refundable and are renewed automatically monthly, quarterly or annually to avoid any interruption to the web hosting service. The Client acknowledges and agrees that in order to cancel the hosting plan, they are required to provide WebTrendz eConsultancy with a minimum of one (1) month’s written notice prior to the renewal date. The notice must be delivered via email. Simply asking for a UDAI code will not cancel the Client’s hosting payments. Payments will continue until 1 month after the date of the written notice of cancellation is received.

WebTrendz eConsultancy cancellation of hosting services:

WebTrendz eConsultancy reserves the right to terminate the hosting agreement for any reason and will provide the Client with a minimum of 14 days’ notice of that change. WebTrendz eConsultancy will always honour the remaining hosting period currently paid in advance. Termination for hosting accounts that are overdue by 30 days or more, may have immediate effect.

Validity of the Agreement:

Either party may terminate the agreement on 7 working days’ written notice to the other party. WebTrendz eConsultancy reserves the right to cease immediately without liability to provide the service and to terminate this agreement if you should go into liquidation or bankruptcy, or if you fail to meet any obligation in accordance with this agreement.

If at any point during the Website Development Process the Client wishes to cancel, they may do so, but will be invoiced an amount that WebTrendz eConsultancy judges to be proportional to the amount of work completed on the project.

If the total amount of work completed is less than the Initial Payment paid by the Client, WebTrendz eConsultancy will refund the portion of the payment not used.  If the total amount of work completed is more than the first Initial Payment invoiced, WebTrendz eConsultancy has the right to invoice the extra hours completed.

Assignment and Delegation:

We may assign or transfer our rights and responsibilities under this contract to another party. We may also subcontract the performance of any of our responsibilities under this contract to another party.

You may not assign or transfer any of your rights or responsibilities under this contract to anyone else without our prior written consent.

Applicable Law:

The Consumer Guarantees Act 1993 may apply to any services we provide to you if you acquire these services for personal, domestic or household use. If this act applies, all rights you may have under it apply in addition to the rights you may have in this agreement. Nothing in this agreement will limit or exclude your rights under this act.

Where you acquire or hold yourself out as acquiring our services for the purpose of a business, then you agree that the provisions of the Consumers Guarantee Act 1993 will not apply to our service or the provision of any other services to you.

This agreement shall be deemed to be an agreement made in New Zealand and shall be subject to, governed by and interpreted in accordance with the laws of New Zealand.

Non-Waiver:

Failure by any party to enforce any right or obligation with respect to any matter arising in connection with this contract shall not constitute a waiver as to that matter or any other matter either then or in the future. Any waiver of any right or obligation under this contract shall only be of any force and effect if such waiver is in writing and is expressly stated to be a waiver of a specified right or obligation under this contract.

Right to modify terms and conditions:

These Terms and Conditions supersede all previous representations, understandings or agreements. To maintain the quality of WebTrendz eConsultancy’s service to their Clients, WebTrendz eConsultancy reserves the right to change these Terms and Conditions and the nature of their services at any given time.

Changes to terms and conditions:

The Client agrees to be bound by any changes to these terms and conditions as may be revised and updated on WebTrendz eConsultancy’s website from time to time, and that it is the Client’s responsibility to keep informed of these changes.  All changes are effective after 14 days from the date they are posted on WebTrendz eConsultancy’s Website. The Client’s continued use of the service following the posting of revised terms and conditions means that the Client accepts and agrees to the changes. The Client is expected to check this page frequently, so they are aware of any changes, as they are binding on the Client.

Read and Understood: Each Party acknowledges that it has read and understands this Agreement and agrees to be bound by its terms and conditions.