Terms of trade

Definitions

Charlotte Cluzel is referred to as CHARLOTTE CLUZEL, We, Us, Our

The Client is referred to as The Client, You, Your

Our Responsibilities

Charlotte Cluzel commits to:

  1. Provide the client website design and development that perform the functions detailed under the agreed package or proposal and additional functionality sections of the project scope
  2. To perform all services in a timely, professional manner
  3. To respond to all client queries in a timely and professional manner
  4. To provide a quote or estimate, before undertaking any additional work required to complete the website that has not been agreed on and stated in the project information
  5. To employ our best efforts to remedy any functional issues after the website is built

Your Responsibilities

Website design is a collaborative effort. As a client, you commit to:

  1. Promptly reply to our requests for logos, branding, images, and other information we require to complete your website
  2. Follow our instructions relating to the formats we require this information so we can work with it effectively
  3. Promptly respond to our requests for feedback and approval of design concepts of CHARLOTTE CLUZEL to ensure we can meet deadlines
  4. Ensure any employee or agent of your company dealing with us is authorised to make decisions relating to the website, on behalf of your company
  5. Be responsible for making CHARLOTTE CLUZEL fully aware of their website functionality requirements prior to commencing their project.

The client must ensure these requirements are listed in the project information under the package functionality, or quoted under the
additional functionality. CHARLOTTE CLUZEL will not be obligated to undertake any additional functionality requests that are not listed in the project information. If additional functionality requirements come to hand after the project has commenced, and they are within the technical scope of CHARLOTTE CLUZEL’s ability, they will be quoted on and agreed to before work on these aspects will commence.

Website Design & Development

  1. Your website will be based on the template detailed in the project information. Any change in design after the project is under way will incur an additional charge.
  2. Included with your website package, your website concept can be revised up to three times if necessary. If any further revisions are required, these will be done at $120+gst per hour.
  3. Once the design concept is approved, any additional design changes needed, will be done at $120 per hour (ex GST). Any additional functionality or programming tasks will be done at $120 per hour (ex GST). Approvals can be made verbally or in writing.
  4. Once the website has been built, you will be able to log in and begin to add content to the website through the Content Management System (CMS). Alternatively, if you prefer, you may provide us with your content to load for you.
  5. A discreet ‘website designed by CHARLOTTE CLUZEL’ message will be placed in the footer of the website. We may choose to feature the website in our portfolio to showcase our work.
  6. Your website will function correctly on all of the latest versions of the most popular web browsers provided all relevant technologies are installed. Popular browsers are Internet Explorer, Firefox/Mozilla, Chrome and Safari. Internet Explorer versions 6 and 7 are not supported. The appearance of your site may differ slightly from browser to browser, due to the way the browsers render content.  The back-end of your website (CMS) is guaranteed to work correctly on Firefox/Mozilla. Your website is not designed to be printed.
  7. CHARLOTTE CLUZEL takes no responsibility in lost income due to delayed timelines
  8. CHARLOTTE CLUZEL takes no responsibility whatsoever for issues relating to copyright infringement based on text, images or any other material provided to us, and will act on the instruction of the client. It is the client’s responsibility to take reasonable steps to ensure the content they provide is not under copyright. If it is found that we have been supplied with materials under copyright and are instructed by court authority to take the content down, we will of course comply. The client will absorb all costs related to copyright infringement, including development time to comply with court requests.
  9. If you wish to integrate any third party software with your website, CHARLOTTE CLUZEL takes no responsibility whatsoever for issues relating to the suitability, functionality, or compatibility of that software with the website. You will not expect CHARLOTTE CLUZEL to perform any third party software integrations as part of their service.
  10. All photography and graphics for the website are to be supplied by the client at the client’s expense.
  11. Your website will also not have a perfect W3 Validation coding rating – if you’d like us to improve your rating we can do so by the hour.  See do our best to optimise your website for Search Engines but do not guarantee 1st page listing (no one can do this).
  12. All work created by CHARLOTTE CLUZEL for the client will be owned and copyrighted by CHARLOTTE CLUZEL until the time the website/images have been paid for.
  13. The website design will be based around the template selected in the project information. For information websites (versus Ecommerce) the template will be used as a starting point create the front end design only. None of the template content areas will be included in the website CHARLOTTE CLUZEL produces. This includes, but not limited to search boxes, content layouts, image galleries and online forms. The content area of the template will be integrated with the WordPress Content Management System (CMS) and function as in the video tutorials section at www.wordpress.org
  14. The background of the site will appear differently from computer to computer, based on the resolution that is set. Our websites are optimised to show on the majority of computers with no scroll bar appearing, forcing the viewer to scroll left and right. Computers with a resolution less than 1024px by 768px will unavoidably show a scroll bar. The maximum resolution catered to is 1920px by 1080px. This is usually achieved by using one background image. Upon request, we can have a repeating background pattern instead, which helps with load speed but does not allow for as much design flexibility. We cannot combine methods of using a background image and repeating pattern.
  15. Colours differ from computer to computer, based on individual visitors’ colour and monitor settings. Likewise, colours may appear differently when viewed on mobile devices.
  16. Fonts may appear differently from browser to browser, based on browser settings, computer settings, or the due to limitations of the browsers themselves.
  17. Services purchased from CHARLOTTE CLUZEL are provided “as is” without warranty of any kind. In no event shall CHARLOTTE CLUZEL be liable to the client for any direct, indirect, special, punitive, incidental, or consequential damages arising out of the use of their website, services, web hosting and/or goods provided to the client. This includes, without limitation, lost profits, business interruption, loss of data or other losses directly resulting from the use of the website, services, and/or goods provided to the client. The entire risk as to the quality and performance of the web design rests with the client.

 

On-going service.
Is it not the responsibility of CHARLOTTE CLUZEL to remember website passwords and we are no obligated to respond with password request via email, text or message.  We email these out at the end of each project.  At this point, our services to you have ended and any further service will be billed.

Payment Terms

  1. All prices quoted are including GST unless you are outside of New Zealand
  2. Before beginning your project, a 30% deposit of the design package price is required. This deposit is non-refundable as it covers CHARLOTTE CLUZEL for initial consultation and design work.
  3. The remaining 70% of the design package payment will be invoiced when the site is built. Note this is not the launch or “go live” phase, which will occur once the content loaded.
  4. Additional functionality may be invoiced as it is completed, or in a combined invoice with the design package remainder.
  5. If you decide you no longer want to proceed with the project you will pay for all the work that has been rendered to date to end the contract.  Including scheduled meetings and additional work as noted in your proposal/contract document.
  6. All invoices are due 7 days from invoice date unless otherwise stated.
  7. In extreme cases of continued non-payment, we reserve the right to engage our collections agency or proceed to small claims court to obtain outstanding funds, and suspend the web and ongoing services. In such cases, the client will pay any associated collection costs.
  8. Overdue invoices that are not paid within 30days of the due date will incur an interest charge of 2% per month.