By agreeing to proceed with a website design package or project, you accept that this forms a contract with WebGas and the following terms and conditions. These terms and conditions should be read in conjunction with any ‘quote’ and or tax invoice you receive from WebGas.
If you are unable to meet your financial obligations to WebGas, please contact our accounts department at your first available opportunity so that an arrangement can be put in place
Any arrangement between the customer and WebGas Limited that is not adhered to by the customer will be deemed null & void and will be subject the the terms and conditions below. Any invoice that is not subject to an arrangement between the customer and WebGas Limited is subject to the terms and conditions below
- Payment is due on the due date noted on the invoice
Overdue payments may be subject to a 2% late penalty fee per calendar month at the discretion of WebGas.
- Payments that remain overdue for a period of 60 days will be forwarded to a debt collection agency, and any recovery charges will be passed to the customer
- Any WebGas services subscribed to where payments remain overdue for a period of 7 days will be suspended
- WebGas Limited reserves the right to display an “Account In Arrears” page on hosting accounts that remain overdue for a period of 7 days or more
- WebGas will not be accountable for the loss of domain names where an invoice remains overdue, the domain name expires and is acquired by a third party.
- A 50% deposit is required for website packages.
- All balances are payable on a project once the site is developed. Please note that your site will not go live until the balance payment has been received.
- All balances must be paid prior to website ‘login’ access being provided by WebGas.
- Although WebGas reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment.
- Failure to make complete payments may result in your website and emails being suspended.
- Failure to make correct payments on invoices can result in an extra fee to cover administration costs for rectifying the issues.
- Additional extras such as graphic design work, layout changes, extra plug-ins, additional functionality items etc. must be paid in full within 14 days of receiving invoice. Failure to do so will result in the work being removed and the site being returned to it’s previous state
- All invoices and receipts are sent via email.
- WebGas offers web hosting. A fee will be incurred if we need to transfer your website to another host provider.
CANCELLATION & REFUNDS
- All deposits received are non-refundable.
- Customer cancellation of any WebGas services at any stage must be notified in writing via email. Any outstanding balances remain payable regardless of the stage of design or production of the project.
- Non-payment of any outstanding amounts will result in your website being suspended and the debt being passed onto a debt collection agency for full payment plus expenses.
- Upfront payments received for a 12-month ‘Hosting & Support Package’ are refundable at the discretion of WebGas.
- WebGas does not offer refund for server, service or software interruptions.
- Once your service is cancelled (or transferred), your website will no longer be visible and you will no longer receive emails if they were hosted by WebGas.
- Although WebGas endeavour to complete every project on time or sooner, WebGas cannot be held responsible for the delay in the design or development of any website design package.
- WebGas reserves the right to suspend or cancel a customer’s access to any or all services provided by WebGas, at its discretion, if the account has been inappropriately used or otherwise abused.
- Individual accounts are for the intended use of the account holder only.
- WebGas does not allow any of the following content to be stored on its servers: (a) Illegal material, including copyrighted works, commercial audio, video, or music files, or any material of any type in violation of any federal, state or local law or regulation anywhere in the world. (b) Adult material, including pornography, erotic images, or otherwise lewd or obscene content of any type. What constitutes “adult material” is entirely at the discretion of WebGas. (c) Warez, including pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing etc. Material or encrypting of any of the above. This also applies to sites which provide links to or ‘how to’ information about such material.
- Unless otherwise agreed all websites created by WebGas will have a discreetly placed ‘Fuelled by WebGas‘ or similar, linked back to the WebGas website.
- WebGas does not control the interaction between your website and its visitors.
- cPanel access will be granted on the understanding that customer interaction with cPanel that results in any of the following will not be supported by WebGas as part of general customer service.
- Accidentally mismanaged theme options, resetting the theme or causing PHP errors
- Added insecure, outdated or conflicting plugins
- Removed core plugins necessary for their website to function according to scope which are premium plugins not available through the WP.org plugins repo
- Installed various redundant backup plugins and quickly exceed allocated disk space
- Provided them to third-party companies who then compromise their login details, resulting in malware or malicious software being installed on the account
A fee will apply to rectify issues caused by customers changing, altering or deleting content and settings.
- WebGas builds all websites on the latest install version of our preferred CMS (Content Management System) at that time.
- Websites developed from 2016 onwards are automatically updated to the latest version as and when they are available.
- WebGas does not provide ‘Top Level’ admin access to any website unless the client agrees to acknowledge (as a reply to a disclaimer email from the support team) that any requests to rectify any errors arising after access is seen as troubleshooting by our developers and an hourly rate of $65+GST will apply. Support is not provided for any new plugins or changes made to the theme after access is given.
COMPROMISED OR HACKED WEBSITES
- Although unlikely, any website can be vulnerable to a “hack” or malicious activity.
- In the unlikely event of a hack to a client website, WebGas can investigate and look to reinstate your site from a backup version, if available. A fee of $99 +gst is chargeable for this.
- If a hacked website has been reinstated or updated by WebGas, there are no guarantee the website will not be hacked again.
- In the event of a further “hack” or any malicious activity to your website, that site may be suspended (at server level) so as not to further compromise any other website on the same server.
- WebGas websites are self-managed and WebGas is not responsible for any copy, editing or updating of your website content unless this service has been paid for. After ‘sign-off’ of a website design concept, any amendments from that point onwards will be subject to additional design fees.
- Websites will be delivered with the ‘home’ and ‘contact’ page content upload included in the package price, providing it is supplied within 4 weeks of your order or when the website is complete (whichever is the sooner).
- WebGas do not place any additional content to your website other than mentioned above unless otherwise agreed in writing or included in a quote.
- ‘Content Upload Packages’ are available for an additional fee.
- Website images must be provided by the client. Alternatively, WebGas can either suggest stock image websites or can source images on your behalf at our current rate of $65 +gst per hour plus the cost of the image/s.
- A website will only go ‘live’ after any outstanding balance has been received
- eCommerce sites are developed and handed over with a standard eCommerce configuration and layout. This includes product page, checkout page and basic shipping configuration. Any variations or customisations to these layouts will be at an additional cost to the client.
- Websites with ‘Mobile Responsive Design’ do not include any customisation to the design or layout visible on a Smartphone or tablet. Customisation is available at an extra cost following instruction from a brief provided by the client.
- Website plugins purchased pre or post sale are installed on your website on a basic level i.e. WebGas provide a basic set up of information sufficient for the plugin to function on the website.
- Beyond the basic level of set up, additional fees apply for customisation of that same plugin.
- After basic installation and any customisation of a plugin, an optional monthly support fee (paid by direct debit) will apply at an agreed rate from WebGas, payable from the day login access is provided by WebGas.
- If a client opts not to pay for support for a plugin, any queries, questions, alterations, updates, amendments or similar, will become a paid service from WebGas and charged in minimum 30 minute blocks.
- WebGas builds all sites with the latest version of plugins. Updating versions of any plugin is subject to a minimum charge of $65 + gst per hour plus any additional time spent on reconfiguration, customisation and testing.
- In almost all cases, plugins have an annual renewal which must be paid by the client for the plugin to remain 100% functional on the website.
- Requests for additional plugins must be researched by the client to ensure the functionality is what they are after. Due to the hundreds of Plugins, WebGas may not be familiar with the functionality of them all and cannot support them. Any plugin support a client needs will be through direct contact with the plugin developer and or their support team.
- If a client would like WebGas to install a plugin, the client can either purchase it from the plugin website (unless it is free), and send the plugin file to us, or request WebGas to purchase on the client’s behalf and invoice the plugin cost to the client. WebGas standard development fee of $65 +gst, per plugin, will apply to install, activate and test the plugin.
- Unless otherwise agreed, websites will be hosted by WebGas.
- Customers wishing to use alternative hosting, need to confirm such hosting is suitable for the website built by WebGas.
- WebGas cannot give a 100% guarantee that there will be any hosting interruptions or downtime from its hosting supplier and shall endeavour to inform of any scheduled updates or maintenance.
- Where WebGas are designing and developing a website, but not hosting it (WebGas must know this prior to design and development), WebGas will prepare and deliver (after any outstanding balances are paid), a set of files for upload and installation on the alternative host.
- WebGas will not be responsible for the installation of the website on alternative hosting.
- On a ‘fee per service’ basis, WebGas can continue to support your website if it is not hosted by WebGas.
- As part of the ‘Care Package’ WebGas automatically updates to the latest CMS version. This does not apply to website packages built prior to 2016.
- Please refer to ‘WEBSITE PLUGINS’ for terms and conditions relating to the support of a website plugins.
- All fees paid for ‘Hosting Package’ are non-refundable.
- Unless otherwise advised, the monthly and annual renewal payment for the monthly and 12 months ‘Hosting Packages’, will be invoiced on the 1st of the month on an “in advance” basis.
- Should the “go live” date be partway through a month, this will be considered “free hosting” until the 1st of the following month.
- The customer agrees that it is not the responsibility of WebGas to provide knowledge or support outside of the defined service of the WebGas website design packages.
- If ‘CPanel’ or ‘FTP’ access is given to a client (client must sign a waiver for this to happen), WebGas can only provide ‘basic’ (non-technical) CMS support for that website.
- WebGas cannot be held responsible in any way for errors, mistakes, loss or deletion of information or similar as a result of ‘CPanel’ or ‘FTP’ access. A request for recovery of any website or its contents by WebGas will be subject to a formal quote to reinstate the original website install (if possible).
FREE WEBSITE HOSTING OFFER
- Free website hosting will be offered to new customers from time to time at the discretion of the WebGas management team.
- Any offer of free web hosting will be expressed in writing as a feature of a proposal or quotation.
- Free web hosting will be valid for a maximum period of 12 months.
- If the free web hosting period is to be shorter than 12 months, this will be expressed in writing as a feature of a proposal or quotation.
- Free web hosting will be offered up front. There will be no accounts rendered for the free hosting period, providing;
- The customer that has received free web hosting continues with their web hosting package up to a total of 12 months (i.e. 6 months free + 6 months paid).
- Should the customer cancel their website hosting with WebGas within the 12 month period, WebGas reserves the right to charge the customer for the free hosting period.
- The free hosting period begins when the website “goes live”
- Accounts for website hosting, and the anniversary for free web hosting is on the 1st of each month.
DOMAIN REGISTRATION AND SET UP
- WebGas cannot guarantee a requested domain name will be available.
- If you do not have an ABN or ACN, WebGas can register a domain name on your behalf. Once you have your ABN or ACN, WebGas can then transfer that domain name over to that entity, provided by you..
- If WebGas register a domain name, it remains the property of the entity (ABN or ACN) used at registration.
- If you have email set up previous to the domain server redirection, then please advise WebGas at the beginning of the process. We require you to provide the email provider settings before we being the process, to prevent the loss of service to your emails.
- WebGas strongily recommends and supports the use of Google Apps and Gmails as the preferred provider for emails.
- WebGas cannot be held responsible in any way for error, loss or deletion of email service at any time.
- WebGas websites cannot be transferred away from WebGas servers other than by agreement and only after payment of any and all outstanding fees are received.
- If a website transfer is agreed, you will need to get the new host company to sort however if needs are WebGas will prepare a set of files containing the contents of your website. An administration fee of $65 +gst is payable for this process.
- No responsibility can be taken by WebGas for website or email disruption during any part of the transfer process.
- WebGas cannot provide hosting support for any website they do not host on their servers unless otherwise agreed.
- If you are transferring an existing built website to WebGas, a one-off $65 +gst transfer fee.
- If you are transferring your existing website to WebGas, WebGas cannot transfer your existing emails to our hosting platform. We recommend you take a copy of all emails from your existing host up to the point of transfer to WebGas. Emails will be available for pick-up once the transfer of your website is complete.
- WebGas cannot be held responsible for any emails lost during the transfer period and we recommend an alternative email address (hotmail, gmail, outlook or similar), be set up during that same time.
- WebGas shall not be liable, under any circumstances, for any loss of business, profits, goodwill or data, loss of use, interruption of business, or for any indirect, or consequential damages that result in any way from the customer’s use of, or inability to use the services, or that results from errors, defects, omissions, delays in operation or transmission, or any other failure of performance of the website, servers or software.
- WebGas cannot be responsible for any damages that may be suffered resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions, including interruption at payment gateways or email interruption or through receipt of spam emails.
- WebGas makes no representations, warranties or assurances that the customer’s equipment will be compatible with the WebGas service.
TRADEMARKS & COPYRIGHTS
- The design of your website (the look and feel) is under copyright and license from WebGas for use by yourself. You are prohibited from selling, replicating or reproducing any of the design of your website without written permission.
- The customer warrants that it has the right to use any applicable trademarks on their website.
The Customer may only use WebGas servers for lawful purpose. Transmission of any material in violation of any federal, state or local regulation is prohibited.
- WebGas does not warrant that the service will not be interrupted or error free; nor make any warranty as to the results that may be obtained from the use of the service or as to the accuracy, reliability or content of any information, service or merchandise contained in or provided through the WebGas servers, unless otherwise expressly stated in this Agreement.
- Under no circumstances, including negligence, shall WebGas, its officers, agents or anyone else involved in creating, producing or distributing WebGas web design services be liable for any damages that result from the use of, or inability to use the WebGas service or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to communication failure, theft, destruction or unauthorised access to WebGas’s records, programs or services.
- Notwithstanding the above, the customer’s exclusive remedies for all damages, losses and causes of actions shall not exceed the aggregate dollar amount which the customer paid during the term of this agreement and any reasonable attorney’s fee and court costs.
WebGas Limited reserves the right to vary these terms and conditions from time to time, and any variation will be displayed on our website at https://www.webgas.co.nz/termsandconditions/