Pukka Websites, as a supplier of website design & development and other services related to the internet, offers you – its clients and users the resources to distribute information to the public. To protect your rights and help guard against such matters we have provided these terms of service.
These terms of service apply to all services and labour sold or supplied or performed by Pukka Websites or its duly authorised agent(s), or any subsidiary of Pukka Websites to the purchaser or recipient of such services, unless the Company has agreed in writing to vary them prior to or at the time of order.
2. Entire agreement
These terms and conditions constitute the entire agreement between the parties and prevail over other communications between the parties be they oral or written, previous or contemporaneous unless otherwise expressly agreed in writing and signed by or on behalf of Pukka Websites.
3. Client’s information
We at Pukka Websites do not accept any responsibility for the information that our clients may generate and/or display on their website. We are not obligated to and we do not evaluate, amend, or censor the information that our clients’ websites may contain. In case of copyright intrusions, denigration and detrimental speech and any other unacceptable content, the owner of the website is to be held liable for the information presented.
4. Effective date and duration
Our Terms of Service become effective on the day when the client applies for Pukka Websites services. Our services shall continue on a year-to-year, or month-to-month basis unless stated otherwise in a separate agreement between Pukka Websites and the client. The following is intended as a guide to the proper use of our services:
All quotations remain valid for ten days from the date of the quotation unless otherwise specified and are subject to confirmation at the time of receipt. Acceptance of our quotation is deemed to constitute acceptance of these terms and conditions.
Prices quoted are for the exact work requested. Pukka Websites may, in its absolute discretion, vary the price if the work ordered is different from that contained in the quotation.
6. Acceptance of our Terms and Conditions
Any services supplied by Pukka Websites to its client will be supplied on these terms and conditions. If our client orders services, the client will be deemed to have accepted these terms and conditions.
Clients shall inspect and test all work and services provided by Pukka Websites and shall notify the Company of any alleged defect, shortage in quantity, damage or failure to comply with description or sample within five days of delivery or completion and/or delivery of such work and services. If the client shall fail to comply with these provisions, the work and services provided shall conclusively be presumed to be free from any defect or damage and the client shall be deemed to have accepted the work and services.
8. Back-up files
We are not responsible for the backing up of the files and/or data contained in your completed website. You are solely responsible for creating copies/backups of your website content (files and databases) on a regular basis. We will do our utmost to recover and/or restore any lost data but we will not be held responsible if any client’s data is irretrievable. We shall have no liability arising from loss of data, loss of usage or any other loss derived from the client not having created and retained adequate backups or if backups held by the client should be outdated. You agree to take full responsibility for your files and data and to maintain all appropriate backups of such files and data.
When we may recover, rebuild or restore files at a client’s request, our time in so doing will be charged to the client at current billing rates, subject to a minimum fee of US$ 50.
9. Changes To Terms of Service
Proposed changes to the Terms of Service by a client will NOT be binding unless agreed in writing and counter-executed by both parties. Variation in prices is to be confirmed in writing (either by mail or email) by both parties. Pukka Websites reserves the right to make additions and modifications to the Terms of Service without prior notice at which time there will be a post at https://pukkawebsites.com. The client’s continued use of Pukka Websites services signifies the client’s agreement to the updated Terms of Service.
10. Client liability and indemnification
Pukka Websites shall not be liable to any third party, in any manner or degree, for any breach or alleged breach of any term or condition by the client. The client agrees to professionally defend, and indemnify Pukka Websites for all damages, expenses, liabilities, losses or claims of any third party resulting from the client’s breach or alleged breach of any kind.
The client may not assign sub-let or transfer any rights or obligations implied in the contract without the prior written consent of the Company.
12. Due date for payments
To facilitate timely renewal where appropriate, payments for domain registration, website design and development services, website maintenance contracts, marketing and all other services provided by Pukka Websites are due not later than one day before the day that services are contracted or provided (as the case may be) and/or the date that renewal of service is due, as appropriate.
13. Pukka Websites does NOT offer credit facilities.
All fees unpaid by the due date will result in the automatic suspension of our services. To reinstate our services, payment of an administration/reinstatement fee of $25 will be required in addition to all outstanding fees. Subject to our then current workload and other commitments, services will be resumed within five working days of receipt of all unpaid fees (including any administration etc. fees) as cleared funds to our nominated account.
Payments for website development, website maintenance and any other services not billed and paid in advance is due within five days of invoicing.
At our sole discretion, overdue accounts for all services may be subject to an administration fee of US $20 per month or part thereof plus interest charges at the rate of 3% (three percent) per month or part thereof, effective from the date that the payment became due. The client will be responsible for any penalties applied by any domain name registrar or registration controlling body.
Stage payments may be required for all website development work and ownership of websites developed for clients and/or domain names registered for clients shall remain vested wholly in Pukka Websites until the final payment for the entire project has been received and cleared to our account. Only then will ownership transfer to the client.
Pukka Websites prefers secure credit/debit card payments via PayPal or other intermediary, but we will also accept direct bank transfers, cheques, bank drafts etc. If you have other billing/payment needs please contact us.
Pukka Websites reserves the right to suspend or terminate its services without notice if the client fails to make payments in a timely manner. The client is and shall be held responsible for all outstanding amounts due to Pukka Websites and in the event of non-payment by the due date of any amount due to Pukka Websites, then Pukka Websites shall have the right to take ownership of any and all websites developed and any and all domain names registered for a client, and any other of the client’s assets in its care, in lieu of the unpaid amount and also as a contribution towards our administration expenses and any consequential losses.
Unless stated otherwise in these Terms of Service, Pukka Websites will make reasonable attempts to notify the account holder via email of upcoming renewals and payments due. It is the account holder’s responsibility to ensure that their account payments and their contact details are maintained up-to-date at all times.
14. Client’s obligation prior to insolvency or inability to pay in full
The client agrees to notify Pukka Websites immediately on any and all financial issues or events including but not limited to being served with a statutory demand, notice of claim, statement of claim or default notice or demand letter or any other legal document or proceeding that may affect the client’s ability to make payment for any work in progress or performed by Pukka Websites.
The client and its owners, directors and any guarantor(s) acknowledge that they will be liable jointly and severally to Pukka Websites for any unpaid amount owing if the client should default and fail to fulfil its obligations.
15. Violation of our Terms of Service
Pukka Websites at its sole discretion reserves the right to terminate its supply of services to any client if they are in violation of these Terms of Service. Termination of service means that all files, folders and other information will be deleted from our records.
No refunds will be made in the event of cancellation of any ongoing work or service by the client. The client shall remain responsible for any unpaid and/or unbilled work that has been carried out, or service that has been provided at the time of cancellation.
If a client should wish to reinstate a cancelled account they may do so at our sole discretion and at current rates. The client may be billed a US$ 50 administration and reinstatement fee prior to the reinstatement of services. Subject to our then current workload and other commitments, services will be resumed within five working days of receipt of all unpaid fees (including any administration etc. fees) as cleared funds to our nominated account.
17. Termination or suspension of our services
We reserve the right to terminate or suspend our services at any time. Reasons for termination or suspension include, but are not limited to:
- Any breach of our Terms of Service
- Our inability to contact our client
- Lack of client details being maintained and updated
- Non-payment of monies due
- Overdue payment
We reserve the further right to refuse services to anyone, at our own discretion and without explanation.
Termination of service means that all files, folders and other information will be deleted from our records.
18. Refunds and disputes
All payments received by Pukka Websites are non-refundable. We offer no refunds other than our money back guarantee (when this is in force) regardless of the reason for any cancellation etc. Overcharges and disputes of billings MUST be reported within seven days of the date of the charge or billing. Refunds will be granted at the sole discretion of Pukka Websites.
19. Responsibility to keep updated
It is our clients’ responsibility to ensure that, wherever necessary, they keep up to date with the latest developments in the industry. Clients also are responsible for ensuring that their personal details such as their address, telephone number and email address(es) as provided to Pukka Websites are kept up-to-date. For emergency contact, email addresses should include at least one third party address such as a Google or Yahoo email address. These details should be kept up-to-date at all times.
Pukka Websites makes every effort to contact clients when necessary, but in the event that there should be a loss of service, interruption of service or similar, Pukka Websites will not be held responsible if the client cannot be contacted because their personal details have not been kept up-to-date.
20. Domain registration
Pukka Websites offers a service to register and administer domain names on behalf of its clients. When a client accepts our offer, it is agreed that we shall not be held responsible for any infringement of registered trademarks or other intellectual property rights etc. and the client and/or domain name owner will indemnify Pukka Websites against any responsibility for such infringements of trademark etc. When a client chooses to register a domain name using our service, the client agrees with all of our terms and conditions as stated within these Terms of Service. The client/registrant also agrees to be bound by the terms and conditions of the registering company. In no circumstances whatsoever are domain name registration fees refundable. Once we have processed a domain name, it is irreversible.
21. Website development & maintenance
From time to time Pukka Websites will provide website design and development services to clients. All such work is covered by a warranty of fitness for a maximum period of 12 months. The duration of the warranty period could be less than 12 months depending upon the nature of the work. Warranty durations will be included in individual contracts for website development work. Upon expiry of the warranty, all work on a client’s website shall be chargeable at our billing rates current at that time.
Pukka Websites may offer website maintenance contracts to its clients as a ‘cushion’ against unexpectedly high ad hoc repair bills. Unless otherwise agreed, contracts will run for 12 consecutive months and clients will be invited to renew their contract during the final month of the expiring contract. To ensure continuity of service, all renewal fees should be received by Pukka Websites no later than 24 hours prior to the due date and time of renewal. Any contracts not so renewed will be terminated automatically and without further notice to the client.
Once a contract has been terminated (for whatever reason) it may be renewed by agreement between the two parties and at rates current at that time. However, the client’s site must be functioning perfectly and must require no maintenance, alterations or updates at the date of renewal. The client may be asked to certify that this is the case and at its discretion, Pukka Websites may defer the commencement of maintenance under the new agreement for a period of up to two months following the date of receipt of the client’s renewal fee. In such cases, renewal of the maintenance contract will remain due on the anniversary of payment of the renewal fee.
The client is responsible for paying all applicable taxes and the client indemnifies Pukka Websites in respect of any and all taxes relating to the client’s use of our services (including collections and withholding taxes).
In the event of a client initiating or requesting a charge-back we reserve the right to terminate the account(s) or reseller plan and all its accounts immediately. No back up of sites will be provided unless the client pays a fee of US$ 60 (additional to the charged back amount) for each site affected by each individual charge-back. This fee is required to cover (inter-alia) back up costs, administration costs, bank fees and handling charges and other costs incurred by Pukka Websites.
We reserve the right to deny service to anyone who has previously requested a charge-back from us and also to cease any/all other services to clients who may initiate a charge-back.
Pukka Websites provides 24 hour email support. Telephone support is available only in true emergencies.
25. Disclaimer of warranty
Services provided to clients of Pukka Websites are provided on an “as is” basis. Whilst all reasonable safeguards and precautions are taken, Pukka Websites disclaims any warranty that services will not be interrupted or be free of error; that defects will be corrected; that there are no viruses or harmful components; and that security methods being used will be adequate.
26. Force Majeure
The Company shall not be liable for failure or delay to perform any term of this contract, occasioned directly or indirectly, by any act of God, force of nature, natural or man-made event, labour restrictions or other causes whatsoever (whether similar or not to the forgoing) beyond the Company’s reasonable control.
27. Limitation of liability
Pukka Websites shall not be held liable or responsible in any manner for damages resulting from loss of profit or records arising from the use of Pukka Websites site(s) or products. Nor shall Pukka Websites be deemed responsible for any incidental, disciplinary or consequential damages associated with this agreement. Our total liability for any event shall be limited to a maximum of four hundred US dollars (US$ 400).
28. Governing Law
These terms and conditions are governed by the laws of New Zealand. You agree to submit to the jurisdiction of the Courts of New Zealand and you further agree that any court proceedings shall take place in New Zealand.
29. Updates to our Terms of Service
Our terms of service may be updated at any time. Please check this page from time to time for the latest updates.
If you do not understand or have any questions about our Terms of Service please contact us. We always are willing to clarify any point relating to our business.