By placing an order with Sparx Web Solutions, you confirm that you are in agreement with and bound by the terms and conditions below.
Sparx Web Solutions will carry out work only when an agreement is provided either by email, telephone, mail or fax.
Sparx Web Solutions will carry out work only for clients who are 18 years of age or above.
An 'order' is deemed to be a written or verbal contract between Sparx Web Solutions and the client, this includes telephone and email agreements.
Sparx Web Solutions can register and manage domain names, but all property of the domain name is totally owned and remains property of our clients unless otherwise stated.
At any time a request may be made for a UDAI key in which we will release this UDAI key to you immediately.
Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, Sparx Web Solutions cannot accept responsibility for any losses incurred due to malfunction of the website system or any part of the website.
The website, graphics and any programming code remain the property of Sparx Web Solutions until all outstanding accounts are paid in full.
Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Sparx Web Solutions remain the copyright of Sparx Web Solutions and may only be commercially reproduced or resold with the permission of Sparx Web Solutions.
Sparx Web Solutions cannot take responsibility for any copyright infringements caused by materials submitted by the client. 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 Sparx Web Solutions and where no charge is made by Sparx Web Solutions for such additions, Sparx Web Solutions accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
The client agrees to make available as soon as is reasonably possible to Sparx Web Solutions all materials required to complete the website to the agreed standard and within the set deadline.
Sparx Web Solutions will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
Sparx Web Solutions will not be liable or become involved in any disputes between the site owner and their clients 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.
Sparx Web Solutions will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
All website packages require payment up front before any design and development work will be carried out unless otherwise stated by Sparx Web Solutions.
Sparx Web Solutions has the right to refuse any website clients if they do not like the nature of their website they are wanting to get designed.
While Sparx Web Solutions will do their best to ensure that our servers have the maximum percentage of up-time, No guarantees can be made as to the availability or interruption of this service by Sparx Web Solutions and cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
Sparx Web Solutions reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate any clients hosting service should the necessity arise.
Due to external factors, such as changes to the way search engines rank websites, we cannot offer any guarantees regarding the position we will achieve for websites.
We cannot accept liablility 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.
Sparx Web Solutions reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.
Sparx Web Solutions cannot take responsibility for any losses incurred by the use of any of our web platforms including ShopMate and SiteMate.
Whilst every care has been taken to ensure our platforms are bug free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
Sparx Web Solutions reserves the right to only allow our ShopMate and SiteMate platforms (unless specifically agreed) to be hosted on our server, as well as the database, website system and website files to remain the property of Sparx Web Solutions.
Our web based platforms are based on open source free technologies and we charge for the design service, setup, management and other customizations to these systems. Your website can not be used on any other server other then our own without a license and written consent to do so from Sparx Web Solutions.
The client is expected to test fully any application or programming relating to a site developed by Sparx Web Solutions before being made generally available for use. Where "bugs", errors or other issues found on the latest version of these platforms, Sparx Web Solutions will endeavor (but is not obliged to) to correct these issues to meet the standards of the clients needs.
Upon completion of Extreme and Ultimate Website packages, Sparx Web Solutions will transfer complete ownership of all website templates, themes and files to the client.
Software such as ShopMate and SiteMate and third party programs are not transferred to the client and remain under ownership of Sparx Web Solutions.
Websites designed for our ShopMate or SiteMate systems are not transferrable to a third party hosting service. If you require a replica of your website set up elsewhere you will need to get a developer or designer to design your website from scratch.
Sparx Web Solutions reserves the right to display a "Sparx Web Solutions" footer link on the front end of your website, along with links to our company on the backend of the web systems.
Sparx Web olutions will endeavor 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 web browsing software Microsoft Internet Explorer Version 6 and to an acceptable level with Mozilla browsers. Sparx Web Solutions can offer no guarantees of correct function with all browser software.
All of our invoices under $1000 are to be paid up front (unless specifically agreed otherwise).
For invoices totaling $1000 or more we can offer 50% payment up front and 50% upon completion of the service.
It is the Sparx Web Solutions policy that any outstanding accounts for work carried out by Sparx Web Solutions or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with Sparx Web Solutions.
Once an invoice has been generated for a service and work has been completed you are obliged to pay the balance of payment in full.
We will contact clients via email and telephone to remind them of such payments if accounts become overdue.
We will apply a one off late fee of 15% to the total balance of any invoices that have not been paid when the invoice is due.
If accounts are not settled or Sparx Web Solutions have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to a collection company to pursue payment, non payment will result in additional collection costs being added to the clients outstanding balance.
Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.
We will continually send electronic invoices to your email as well as overdue reminders for invoices from our billing system.
If an invoice is outstanding for more then 60 days then we will suspend your website until payment has been made to clear up your outstanding account.
This will result in a page
on your account saying "That your website is currently down" and will remain so until this account has been cleared. Your email accounts will also go down if this happens, you will continue to be billed for your web hosting service over this time unless you officially cancel your service with us using our cancellation form online.
If a website stays suspended for more then 3 months on our server, we will then terminate the hosting account from our server, and move across to collections to pursue money.
Quotes provided to clients are valid for up to 30 days, after this date a new quote will need to be generated.
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.
Anyone who experiences a problem with their web service provided by Sparx Web Solutions should raise the matter directly via creating a support ticket by emailing support@sparx.co.nz and include
information to locate the material (such as an url) and clearly outlining the grounds for complaint.
Sparx Web Solutions will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
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 Sparx Web Solutions, 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.
Every module or addon you purchase from us gives you the right to the add on for one domain name. We are able to change the domain name your add on is licensed for if required but this means only one website can use our add ons at any time unless you purchase another license.
If an account has become overdue and is refused payment or we don't hear back from the customer, we will then transfer the outstanding debt to Baycorp or New Zealand Credit Management for collections of this account and Sparx Web Solutions reserves the right to charge all debt collection costs directly to the customer.
If any of our customers choose to move to another web provider we will and can provide UDAI codes for domain names, any graphic design work done, an HTML download of their website to assist on moving to another company.
But all customers Google Accounts including Google Analytics, Google Webmaster Tools, Google Adwords remain the property of Sparx Web Solutions at all times, and will remain the property of Sparx Web Solutions.
We don't provide a delivery/shipping/returns policy as this is not applicable to our business.
Sparx Web Solutions reserves the right to choose whether to provide refunds on services or not.
For all service cancellations, you will need to fill out our cancellation form online before we will cancel your services with us. The cancellation form can be found online at www.sparx.co.nz/forms/cancellation-form/.
If the cancellation form has not been filled out, the customer will continue to be charged for the services unless we have decided to terminate or cancel their service with us.
Sparx Web Solutions reserves the right to update these terms and conditions at any time without any notice.
