Terms & Conditions
TERMS AND CONDITIONS FOR DYNAMIC MULTI MEDIA LTD
1.1 Quotations and all orders from Dynamic Multi Media Ltd are accepted subject to these Terms and Conditions. Any other terms and conditions are excluded from the contract unless expressly accepted in writing by the Company.
1.2 “The Company” shall mean Dynamic Multi Media Limited, trading as DMM.
1.3 “The Client” shall mean any legal person or business commissioning goods or services from the Company.
1.4 “Goods” and “services” shall include any and all original work or products, including documentation, graphics and computer data which originates from the Company, and any other information storage, retrieval or transfer media, or the provision of the same, with the latter terms interpreted as including the former.
1.5 In commissioning the Company’s services, the Client declares that they accept these conditions in their totality, and consequently renounce all differing or contradictory conditions that might otherwise apply.
2 Purpose of work and level of checking
2.1 The onus is with the Client to provide all the available information necessary for providing, or costing, the required goods or services. This includes the intended purpose of any work done by the Company.
2.2 Should the Client decide to use the goods and services requested for a different purpose than was provided originally, then the Company will not be liable for any deficiency in the goods or services.
2.3 Before any provision of goods and services, the Client shall provided written instruction around the level of checking that is required by the company. Without such instruction, the Company will use discretion in providing a suitable level.
2.4 Where drafts and proofs are supplied to the Client for approval or amendments, The Company is not liable for errors which are not detected and marked clearly, and provided back to the Company within the specified timeframe. Where matters of design, format and text are left to the discretion of the Company, subsequent changes including amendments will be chargeable.
2.5 Where aspects of work on a product subject to the Company’s goods or services is not required, this will be clearly indicated by the Client at the outset, in writing. The Company will maintain that any work done for the Client’s benefit when it was not specified not to be done, will be chargeable.
The Client shall clearly indicate what work is and is not required by the Company, and the Company will find chargeable any work that was done for the good of the Client when the Client did not specify that it was not to be done.
3 Quotations and estimates
3.1 Where specifications for the provision of goods and services are not complete, binding quotations will not be given and estimates will be subject to confirmation or adjustment upon the receipt of the full specifications. Quotations are valid and up for acceptance for 28 days from the date of issue, unless otherwise specified in writing by the Company, and may be withdrawn within this time period by written notice.
3.2 Where no signed confirmation of an order is supplied by the Client to the Company, the latter reserves the right to not accept the order.
3.3 Estimates and quotations given will be exclusive of any taxation or levies applicable such as GST. Estimates and quotations will be based on the current rate of invoicing at the time and will be given per service item where more than one are requested, unless otherwise specified.
3.4 Delivery and return charges do not make up a component of estimates and quotations
3.5 Deliveries of proofs and drafts for approval are at the Client’s request and chargable.
3.6 Any statement or representation made by the Company’s servants or agents to the Client, other than those included as part of an estimate, quotation or contract, does not supersede the provisions of these conditions. The Company reserves the right to clarify, confirm or reject these points and issue a new quotation accordingly.
3.7 Where a written quotation has not been provided, pricing shalle be determined by the Company in alignment with the pricing procedures used at the time.
3.8 In accordance with condition 2.1 and 2.2 set out in this document, where alterations requested by the Client in the specification, quantity or intended use of the work shall entitle the Company to make adjustments to the contract price corresponding to the work down carrying out these alterations.
3.9 Alterations requested by the Client to amend the original specifications, quantity or intended use of the work are required in written form. If agreeable, the Company may amend delivery or completion dates and prices.
3.10 If errors found in a quotation after the order has accepted, the Client willl accept the Company's reasonable amendment of the quotation in terms of cost and/or time to fix the error identified.
3.11 Where editing or supplementation of client-supplied content is deemed as necessary, an additional charge may be made.
4 Preliminary work
4.1 All work completed at the request of the Client will be subject to the Company’s terms and conditions and will be charged, regardless of whether it was a test or otherwise, or whether any related or subsequent works are agreed to.
5.1 Where commissioned work is cancelled by the Client, The Company shall charge for costs and expenses accrued while carrying out the work up to the time of cancellation.
6.1 Unless otherwise agreed in writing by the Company, payments from the Client will be received within 30 days of the invoice date. Where this is not complied with, an interest rate shall be payable 2 percent over the base rate current at that time.
6.2 If work is delivered in instalments or stages, the Company can invoice these separately over time to be paid in accordance with these conditions.
6.3 Where the time necessary to complete work is greater than one calendar month, the Company may invoice in monthly instalments to the value of work carried out during each calendar month. When 6.2 and 6.3 occur, the invoice numbers will be different, but the job number will remain the same. Therefore there will be more than one invoice issued for a single job.
6.4 The Company reserves the right to prompt payment under condition 6.1 and no disputes arising from a contract will prejudice this.
6.5 In the case of defaults on payments for completed or ongoing work, without ruling out any other right or remedy, The Company may choose to suspend future work for the client.
6.6 In the event of defaults in payment, the Company shall reserve the right to charge interest on the outstanding total at a rate 3% per annum above the base rate common at the time the payment was due and to cancel contracts and/or seek damages where appropriate.
6.7 When the actions of, or omissions by, the Client cause delays in the completion of work, the Company will remain entitled to payment in full under the conditions of 6.1.
6.8 Where the Client has accepted a quotation but requests that the Company invoices a third party, this will only be accepted if payment is made in advance or written confirmation is received by the Company from the third party confirming the arrangement.
6.9 Where the Client refusal to pay and third party debt collection agencys are engaged, the client shall be liable for all collections costs over and above the amount all ready owed
7.1 delivery timeframes for completed work are given as accurately as is possible under the cirmcumstances, but they do not constitute guaranteed delivery dates. The Client has no right to damages or cancellation due to delivery timeframes.
7.2 Notwithstanding the conditions of 7.1,
Consequences for failure to meet an agreed delivery time are only possibly where a signed agreement by both parties is put in place at the outset, including the nature of the consequences.
7.3 Agreements signed under 7.2 do not prejudice the remainder of the terms and conditions outlined.
7.4 The prompt delivery of necessary information, materials, instructions and approvals from the Client to the Company is necessary for delivery timeframes to be met. Alterations provided by the Client which contrast with the original specifications may results in new delivery timeframes.
8.1 The Company shall be entitled to appoint the sub-contractors of its own choosing to complete work in accordance with the terms of the contract.
8.2 Where the Client seeks to employ or contract a sub-contractor they came to know working for the Company, whether full-time, part-time, casual or freelance, within one year of the two parties working through the Company, the Company shall be entitled to charge a $5000.00(+gst) introduction fee will be payable immediately unless agreed otherwise by the company in writing.
8.3 Alterations and additions to the specifications of work carried out by the Company, whether through employees or subcontractors, must be agreed to by the Company in writing.
9.1 Orders are accepted with the understanding that supplied materials are free from copyrights which would prevent their use. The Client shall take the responsibility for ensuring the Company does not infringe copyright by producing work from supplied materials and the legal action that could result.
9.2 The Company holds the copyright to all completed work and elements created by the Company therein until payment is received in full and copyright is expressly assigned to the Client in writing.
10 Complaints and disputes
10.1 Where the Client identifies defects or divergences from the agreed specifications in completed work, written notification will be send to the Company within 10 working days of the receipt of said work, giving the Company the chance to examine, comment and if necessary correct these. The Client shall not hold the Company liable for the cost of corrections carried out by the third party where no written notification was sent to the Company and no opportunity was given to the Company to rectify, examine or comment on the issues.
10.2 Where the Client wishes to notify the Company of defects or divergences in the agreed specifications of completed work, documentation must be supplied to provide a clear understanding of the nature and details of the complaint.
11.1 The Company shall complete work to the best of its ability and shall limit its liability to the value of the work’s invoice which relates to the incurred liability.
11.2 The Client shall not hold the Company responsible for claims of any nature made against either party in relation to completed work by a third party where the work has been carried out in accordance at the Client’s instruction.
12 Illegal matter
12.1 The Company reserves the right not print, publish or disseminate any material which it holds to be of an illegal or libellous nature, or has the potential to be.
12.2 In the case that claims, costs and expenses arise from the distribution or completion of material by the Company for the Client, in spite of condition 12.1, which is subsequently contended or proven to be illegal or libellous, or infringed upon pre-existing copyright, the Client shall indemnify the Company on any amounts paid on legal advice to settle the claim.
13 Data protection act
13.1 All costs and obligations which arise from information held by the Company and covered by the Data Protection Act shall be met by the Client.
14 Force majeure
14.1 Where the Company is unable to complete work, either in a timely manner or at all, due in part or in whole to War, Acts of God, or any action by the New Zealand Government then the Client shall not hold the Company responsible.
14.2 Where the Company is unable to complete work, or the completion is delayed pursuant to a trade dispute, whether it involved the Company’s employees or not, the Client shall not hold the Company responsible.
14.3 Where delays or non-completion of work is caused by factors beyond the Company’s control, the Company shall not be liable for delays, loss or damage that occur as a result.
15.1 All quotations include figures which are tax-exclusive, unless otherwise stated.
16 Client’s property
16.1 Material and property supplied by the Client to the Company will be held by the Company at the Client’s risk.
17 Insolvency/general lien
17.1 Where the Client stops the payment of debts due to an external authority deeming it incapable of continuing payments, the Company, without ruling out other remedies, shall:
17.1.1 Reserve the right to cease progress on the contracted work and to charge for the work already carried out which has yet to be billed, and.
17.1.2 Reserve the right to hold all materials and good supplied by the Client to the Company as a general lein against the debt outstanding. On the expiry of 14 days notice given of this lein, the Company is entitled to dispose of the goods or property at a fitting price and apply the total to the recovery of the debt.
18.1 The terms and conditions and contract shall be governed and interpreted according to the Law of New Zealand
19 Monthly charges.
19.1 Where a DMM Ltd service rolls over month to month, such as but not limited to Google Adwords Management, Website Search Engine Optimisation and Website Domain Hosting, a minimum charge of 50% of the monthly fee will be applicable in cases where the service was suspended or could not be provided for any reason, regardless of how many days in the month the service was active for.