Terms of Trade

1) Definitions

a) “Company” shall mean Media Corporation Ltd trading as Kaiser Creative Studio, its successors and assigns or any person acting on behalf of and with the authority of Media Corporation Ltd

b) “Client” shall mean the Customer (or any person acting on behalf of and with the authority of the Client) as described on any quotation, invoice, work authorisation or other form as provided by the Company to the Client.

c) “Guarantor” means that person (or persons), or entity, who agrees to be liable for the debts of the Client on a principal debtor basis.

d) “Goods” shall mean Goods supplied by the Company to the Client (and where the context so permits shall include any supply of Services as hereinafter defined) and includes Goods described on any invoices, quotation, work authorisation or any other forms as provided by the Company to the Client.

e) “Services” shall mean all services supplied by the Company to the Client and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined above).

2) Approval specification

a) The company will create project specification documentation in pdf or email format for larger design or development projects which will outline the functional and non-functional requirements and define the financial quote or estimate of the project. The client agrees they have read and understand this specification. Any such document represents an agreement between the company and the client to design and develop only which is described by such specification. Any additional requirements mentioned by the client which are not contained in this specification will be considered additional billable items over and above the initial quote or estimate.

b) Agreement to proceed in writing (eg email) or payment of the initial deposit confirms acceptance of the specification, the client’s approval and permission to begin development.

c) The quote or estimate is aligned to a standard development timeline agreed with the client at specification time. Delays caused by the client will result in changes to the development timeline which may incur additional costs. Additional charges will also apply for work requested on an urgent basis.

d) If the client wishes to amend the specification once development has begun, the company is entitled to charge the client at the normal rate for the amendments without the need to re quote unless specifically requested to by the client.

e) The client must advise the company in writing within 30 days of completion if they believe the delivered product does not meet the specification outlined in the initial agreement.

f) Changes to the specification.

i) Minor alterations to the requirements outlined in the specification often need to take place.
Significant changes to requirements will potentially result in:

    • Resource allocation delays for new work.
    • Necessary changes and additions to design and development work already completed for the project.
    • Additional costs due to delays or necessary reworking of completed features.

It is important to request any necessary changes to the requirements of the project as soon as they arise. Not following this procedure is likely to result in increased costs and delays for your project. All alterations to the requirements will be matched against the budget of the original specification.

ii)The company reserves the right to decide if an alteration is within or outside the original requirements outlined in the specification document.

iii)If an alteration falls outside of the original requirements a bill will be sent to the client. 

g) The project is considered complete and accepted following launch and sign-off. Any changes requested to content or requirements following this time are considered new projects and will be billed for accordingly.

h) Work of an experimental nature prepared at the client's requests shall be considered an order and charged for accordingly.

3) Consultation

a) The client agrees to appoint a project liaison to be available for the duration of the development process.

  • The liaison will make development and design decisions on behalf of the client.
  • The liaison must be privy to all information regarding the development of the project.
  • The liaison will sign off all stages of development permitting the continuation and completion of the project.

b) Once development has started, the company will provide you with opportunities to review and alter completed work. This will at minimum include a design review, development review and pre-launch review.

c) Development will not continue until each stage is signed off by the client.

d) The client agrees to supply text and other required supporting files for inclusion in the project before the agreed date for the supply of content. If delays are caused by client driven changes to content after the agreed date there may be additional charges.

e) Where possible, content and files will be provided in the electronic formats (PDF, Word, JPEG, TIFF, AI and PNG).

f) Completion date. The company and the client must work together to complete the project in a timely manner. We agree to work expeditiously to complete the project no later than the date recorded in the specification document. If your project is delayed, further additional costs will be incurred.

4) General Support

a) The company’s support team is available Monday to Friday 8.30am – 5.00pm excluding public holidays and company appointed holiday periods.

b) After hours support is available for emergencies and is billable at the current after hours rate or provided as part of a priority service agreement arrangement.

c) Contact points for maintenance and support include a 0800 number, email and standard phone line.

d) Response times are graded based on the level of priority and on average tended to on the same day.

e) If problems or issues can be resolved immediately, company staff will do their best to ensure this happens.

5) Website hosting

a) Hosting is provided by the companies own hosting infrastructure.

b) The company guarantees at least 99.9% server availability for hosting. Web hosting availability is defined as the ability to retrieve the HTTP headers from the hosting server, calculated on a monthly basis. The company monitor's the server availability as a whole, not that of individual sites. Denial of service attacks or other types of attacks directed toward the web server resulting in or contributing to downtime will not be included in web hosting availability calculations.

6) Assignment of Project

a) The company reserves the right to assign subcontractors to this project if required to ensure the right fit for the job as well as an on-time completion.

7) Website ownership

a) The client may use the website layout and open source code to re-establish their website upon termination of this agreement with the company.

b) The client agrees that they, their company or any third party, subsidiary or agent will not copy, sell, licence, the website software or parties thereof. Nor will these parties utilise confidential information supplied by the company.

8) Pricing

a) The company maintains a policy of not preparing formal quotes or estimates for work deemed to take less than 3 hours.

b) An initial quote or estimate will be provided totalling the cost of your project based on the agreed specification document.

c) Changes to the agreed specification, after design or development is underway, will result in additional costs for your project.

d) The hourly rates for consultations, design and development work, periodic updates or corrections or additions to materials published on the site are available on request.

9) Billing and payment

a) Payment

  • We require a 50% non-refundable deposit within 2-3 working days before any design or development work begins.
  • Progress Billing: You will then make progress payments during the life of your project. The first payment will be required within 7 days of the invoice being issued. Monthly billing will continue until your project is completed. Final payment will be required immediately following completion.
  • The client agrees to make a commitment to complete the work as per the agreed specification. In the case that the client is unable to complete the work, the client agrees to pay the company for all the work completed to that date.

b) Payment Methods

  • The company accepts payment via bank transfer and cheque.

c) Late Payment

  • Overdue accounts will be charged a late fee of 10% of the total amount of that account per 30 days overdue. Work on any current projects will cease on overdue accounts.
  • The company reserves the right to remove webpages from viewing on the Internet until final payment is made. If debt collection becomes necessary, the client agrees to pay all fees incurred by that process.
  • The company requires prompt payment on invoice. No further statements or notifications will be sent. Any correspondence regarding an overdue amount is for the client’s information only and does not affect the due date.

d) Dispute Resolution

  • The client agrees that following the failure of both parties to meet a mutual resolution in a dispute that they must initiate a binding mediation with an independent mediator.
  • Regardless of the place of signing of any agreement, the client agrees that for purposes of venue, any contract or agreement is entered into in Dunedin, New Zealand, and any dispute will be litigated or arbitrated in Dunedin, New Zealand.

e) General Lien

  • The company shall in respect for all unpaid debts due from the client have a general lien on all the goods and property in the company's hands and the company shall be entitled upon the expiration of 14 days’ notice, to dispose of the goods or property as the company thinks fit and apply the proceeds toward such debts.

10) Disclaimer

a) The company does not warrant the function contained in these webpages or the Internet website will meet the client’s requirements or that the operation of the webpages will be uninterrupted or error-free. The entire risk as to the quality and performance of the webpages and website is with the client. In no event will the company be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these webpages or website, even if the company has been advised of the possibility of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

b) SEO: The company does and cannot guarantee any specific number of “hits”, “visitors” or a search engine ranking for your website unless specifically stipulated in as part of a search engine optimisation work agreement.

c) Verbal Instructions: The company shall not be held liable for errors or omission arising from an oversight or mis-interpretation of a client's verbal instructions

d) The company may change the terms and conditions of service by amending any clauses and adding or deleting any clauses. The company will give the Client 20 working days notice of this.

e) Force Majeure: We are not liable for any failure or delay in performing an obligation to the Client if it is due to a cause beyond our reasonable control.

11) Copyrights and Trademarks 

a) The client represents to the company and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to the company for inclusion in webpages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend the company and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

12) Laws Affecting Electronic Commerce

a) From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The client agrees that the client is solely responsible for complying with such laws, taxes and tariffs, and will hold harmless, protect, and defend the company and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client’s exercise of Internet electronic commerce.

13) Copyright to completed development work

a) Upon final payment of an agreement or contract, the client is assigned rights to use as a website the design, graphics, and text contained in the finished assembled website. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the client, and remain the property of their respective owners. 

b) Media created for design and use in the client’s website remains the property of the company. The company and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios.

14) Non Solicitation

The client agrees that they will not employ or contract the service of any person who was employed by the company, during the term of an agreement and up to twelve (12) months following the termination or expiry of the last agreement between the company and the client