Terms and Conditions
Virtual Limited trading as Grow Media will operate in a fair reasonable manner at all times and will also maintain a good working relationship with its clients. The parties agree to the following terms and conditions.
Development/ Maintenance Charges
Virtual Limited will charge for services for any signed contract between the two parties. Virtual Limited will accept reasonable change during development of the website and will be sole arbiter of what is deemed to be reasonable changes and at what extra cost. All website design and development services require an advanced payment of 50% prior commencement and the remainder of the invoice total will be due upon completion of the work or as mutually agreed. Payment for services is accepted by cash, Visa/Master Card or direct credit, Paypal.
Review of work in progress
Virtual Limited will allow customers an opportunity to review the design and development of website during agreed development stages. For any design changes requested after review and deemed reasonable, no charge will occur. But if change is to occur after the review stage and deemed unreasonable by Virtual Limited than a charge of $120.00+GST per hour will occur.
Invoices for services are due for payment within 7 days of the date of sending. Any invoices that remain unpaid ten (10) days after the date of sending will incur a service charge of two percent (2%) per month of the total due unless otherwise agreed by both parties. Virtual Limited is not required to commence or continue any work until payment as per the contract is made.
Termination of Contract
Where any contract is terminated by the client, all work on the contract will cease and no refund of any deposit or payment will be made. For any ongoing service contracts or web hosting agreements, where payments are more then 21 days overdue, Virtual Limited will cease all work or the hosting arrangements.
Removal of the Website requires written notification by the customer to Virtual Limited. There will be a cancellation fee of $200 (excl gst) for website termination and that Virtual Limited will require a minimum of 10 days notice.
Standard Content Delivery
All website content such as text, graphics, and images will be provided by the customer in electronic format and all content will be of high standard acceptable to Virtual Limited. Any other or additional expenses that may be incurred will be invoiced accordingly for corrective work, conversion of media or outside facility charges. Although every reasonable attempt shall be made by Virtual Limited to return to the customer all content provided for use in creation of the customer’s web site such return cannot be guaranteed.
A link to the Grow Media website trading on behalf of Virtual Limited will appear in small type at the bottom of the website pages of the customers website unless otherwise agreed.
Domain Names and Domain Transfers
In order for your domain name to point to the server your new account is located on, you must change your DNS nameservers at your registrar. Our name servers are located in your welcome email.
Please be aware that the above process is not known as a domain transfer. A domain transfer is if you want to physically transfer your domain to Grow Media Hosting and away from your original registrar. As of Feb 14, 2014, we do not accept domain transfers.
Grow Media Hosting will take necessary steps to register domain names on behalf of the client when requested. However, clients are responsible for renewing their domain names.
Grow Media Hosting does not take responsibility for failing to renew domain names. If your domain name was registered via our company, you must check and take appropriate actions to renew a domain that is about to expire.
Right to Pull
The customer agrees to give Virtual Limited access to the customer’s installed website and agrees that Virtual Limited shall have the right to remove that site from public posting for failure to adhere to the terms and conditions of this agreement including violation of any licensing agreements or failure to pay fees owing to Virtual Limited.
Virtual Limited will not accept responsibility for any alterations by the client or a third party occurring to the customer’s web pages once installed. Such alterations include but are not limited to additions, modifications or deletions.
All material including text, graphics, and content supplied by the client and used in the construction of the website will remain the clients property.
Virtual Limited makes no warranties of any kind whether express or implied for the services it provides. Virtual Limited also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any direct, indirect or consequential damages which may result from the use of its services including loss of data resulting from delays, non-delivery or interruption in service. The client acknowledges and agrees that Virtual Limited cannot guarantee the absence of service interruptions caused by Acts of God or other circumstances beyond its control including but not limited to telecommunication problems.
The consumer Guarantees Act 1993 may apply to any service Virtual Limited provide to the customer if you acquire these services for personal, domestic or household use. If this Act applies than all rights the client may have under it apply in addition to the rights the client may have in this agreement. Nothing in this agreement will limit or exclude your rights under this Act.
Where the client acquires the services of Virtual Limited for the purpose of a business then the client agrees that the provisions of the consumers Guarantee Act 1993 will not apply to our service or the provision of any other services to the customer. This agreement shall be deemed to be an agreement made in New Zealand and shall be subject to and governed by and interpreted in accordance with the laws of New Zealand.
It is important to know that our subscribers to our mailing list who do not want to receive future emails from us can use the ‘unsubscribe’ link at the bottom of the email to no longer be on our emailing list.
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 it such waiver is in writing and is expressly stated to be a waiver of a specified right obligation under this contract.
At Virtual Limited we value your privacy. Virtual Limited will never release, sell or otherwise disclose your personal information to anyone without your consent. Any information you give to Virtual Limited will be held with our obligation to the Privacy Act.
Disclosure of Information to Third Parties
Virtual Limited will not disclose any personal and or business information collected by us through contact forms, download requests or email lists to any other person or business who is not required to have this information.
Usage of Information Collected by Virtual Limited
Virtual Limited has to collect information about people and businesses using our services in order to improve our services. We treat this information as our obligation confined to the principles of the Privacy Act.
Privacy of our Email Lists
Individuals can join our mailing lists and will be added to our email database using the forms provided to them. Virtual Limited will not disclose your email details to anyone else on the data base list. This list is to our benefit of contacting our client base for service updates and marketing purposes. The list is only available to authorized staff at Virtual Limited
The customer agrees that Virtual Limited will not be liable for any indirect or consequential damages including but not limited to loss of profits or any claim made on the client by any other party even though Virtual Limited may have been notified of such damage or claims. Virtual Limited shall not be liable to the customer for any loss or damage directly or indirectly arising out of or in connection with any delay in delivery of the goods and services 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, facilities, accidents, interruptions or service or delay in transportation or any other cause beyond our control.
The client agrees to defend, indemnify and hold Virtual Limited from and against any or all claims, losses, liabilities and expenses (including legal fees) related to or arising out of the services provided by the client under this agreement including without limitation claims made by third parties (including the clients customers) related to any false advertising claims, liability claims for products or services sold by the client, claims for patent, copyright or trademark infringement claims due to disruption or malfunction of services provided hereunder or for any content submitted by the customer for publication by Virtual Limited.
Due to public nature of the Internet all material submitted by the client for publication will be considered publicly accessible. Virtual Limited does not screen in advance customer material submitted to Virtual Limited for publication. Virtual Limited publication of material submitted by clients does not create any express or implied approval by Virtual Limited of such material nor does it indicate that such material complies with the terms of this agreement.