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CREATIVE I.T.

 

 Terms of Trade

 

The below document outlines the terms and conditions by which customers of Creative IT, and Creative IT will conduct all design / repair services. All services provided by Creative IT are subject to the terms and conditions outlined in this document. Agreement of work, or acceptance of any quote or estimate is automatic acceptance of these terms and conditions.

 

For the purpose of this agreement,

 

Creative IT will be referred to as ‘Creative IT’

The customer and/or client will be referred to as ‘The Client’

 

 

1.Payment of Accounts

Payment is required in three possible formats only:

 

1.1     For any work completed under the monthly billing agreement,

  1. Payment in full is required on the completion of the project and before any goods and/or designs are submitted to The Client.

 

  1. A copy of the payable invoice will be emailed, or given in printed form to The Client at the end of the month and no later than the 3rd of the month. This invoice indicates the total payable amount, except where otherwise specified.

 

  1. In all cases The Client accepts the responsibility to check their email, and to notify Creative IT if the invoice has not been received.

 

  1. All invoices are to be paid by the 20th of the month following the date on the invoice.

 

  1. For any work paid via Direct Debit.

    1. All clients are required to complete a Direct Debit Form, which will be supplied by Creative IT to The Client, before any work is published or finalized.

 

  1. All terms and conditions on the Direct Debit Form are to be followed at all times by The Client.

 

  1. Hosting

    1. All payments for any hosting service will be billed one calendar month in advance.

 

  1. Hosting amount will be debited on the 7th of each calendar month, unless the 7th falls on a weekend. In this instance the debit amount will be taken on the first weekday following the 7th.

 

  1. If a website is live on the internet for a portion of a month, The Client will be billed for that portion according to the following formula.

 

Total price including GST (based on Creative IT hosting plans) divided by the number of days in the month, times by the number of days in the month the website is live.

 

  1. Hire Purchase

    1. All payments for any Hire Purchase agreements will be taken out of The Client’s account on the 7th of each month. Statements will be issued at the end of each calendar month showing the account and Hire Purchase status.

 

  1. A Hire Purchase agreement is not considered accepted until The Client has signed the acceptance form and has returned this to Creative IT. Additionally the 10% deposit must be paid in full (via direct debit) for work to commence.

 

  1. All work completed under a Hire Purchase agreement is subject to a 9% interest rate. This percentage is based on the total estimate price including GST.

 

  1. Full ownership of all work completed by Creative IT, remains the property of Creative IT until the Hire Purchase agreement is completed in full.

 

  1. If the payment plan is not adhered to, Creative IT reserves the right to remove any or all work given as a part of this payment plan. Creative IT reserves the right to maintain full ownership of such work. In this instance The Client is restricted from using any work removed as a result in non-payment unless The Client obtains written approval from Creative IT.

 

1.3     For any project completed under a quote agreement the following will apply,

1.3.1     A 30% mark up on the estimate subtotal will apply. GST will be applied to this new total.

 

1.3.2     A 30% deposit is to be paid in full before any work is commenced. A project is considered accepted when the full deposit amount is paid into the Creative IT bank account.

 

1.3.3     Upon the completion of any project, the 70% balance is required to be paid in full before The Client is granted ownership and control of the product. Full ownership of all work completed by Creative IT, remains the property of Creative IT until paid for in full.

 

1.4     If The Client fails to make payment in full of any invoice given (where the monies owed are received and cleared into the Creative IT bank account) by the completion of a calendar month from the ‘end of period’ date stated on the invoice, The Client will pay the following late payment fees.

     

  1. If the total invoice amount is equal or less than $2,000.00 NZD (including GST), The Client will pay a 10% late payment fee on this amount.

 

  1. If the total invoice amount is greater than $2,000.00 NZD (including GST), The Client will pay a 5% late payment fee on this amount.

 

1.5     Any costs incurred by Creative IT relating to the recovery of money, goods or services that may be outstanding from time to time will be payable by the customer.

 

2. Quotes & Estimates

  1. All quotes and estimates are valid for 14 days. Any quote or estimate not accepted within 14 days of issue will lapse. Any continuation of a previously quoted or estimated project will be subject to possible cost differences.

 

  1. In the event of a lapsed quote or estimate being continued, it is the responsibility of The Client to request confirmation of any changes of cost.

 

  1. Written approval is required to proceed with an estimate or quote.

 

  1. Creative IT is not liable for any errors and omissions, which may arise from The Client’s verbal instructions.

 

  1. All quotes and estimates are exclusive of GST, car km, in office printing, Disks, travel time and postage costs. It is the responsibility of The Client to factor these items into the total cost of their project.

 

  1. Mileage will be billed at a cost of $3.50 per km driven (raised from previous charges due to fuel costs).

  2. In office printing will be charged as follows; Colour prints $3.50 per page. Black and white prints $2.00 per page.

  3. CD’s will be billed at $2.50 per CD. DVD’s will be billed at $2.00 per DVD.

 

  1. Quotes and estimates are created based on information available at the time of creation. Any change to the project scope, content, or any other details, which may affect cost, will alter the estimate or quotation price.

 

  1. In the event of any foreseen differentiation from the accepted quote or estimate Creative IT will notify The Client of this change, and the possible differences in price, process, time and any other related factors.

  2. If The Client requires a re-estimate or re-quote based on the new information, it is the responsibility of The Client to request this in writing from Creative IT.

 

 

3. Copyright & Intellectual Property

  1. Upon final payment in full all copyright / Parts repairs, etc. for any project work is to be transferred to The Client on the same day the payment is received by Creative IT.

 

  1. Upon completion of any project, The Client has the right to request any files related to the project, in a variety of formats suited to their needs either on disk or in digital format. Creative IT is required by law to keep all working files for 7 years from the date of completion. If at any time in this period, The Client requires any files relating to their work, they can request these from Creative IT. Costs to be billed to client.

 

  1. Creative IT has the right to use any designs produced for The Client to showcase as work completed by the company. Creative IT will not under any circumstances resell any work completed for financial gain.

 

  1. For the use of images in a project,

 

  1. Any images / parts provided to Creative IT should be the intellectual property or personal property of The Client. In all cases it is the responsibility of The Client to confirm where the ownership of copyright is held with each image, and if needed to seek written permission for the image to be used for commercial purposes.

 

  1. For any images used in any project, which are supplied by Creative IT, upon completion of the project copyright for these images / Parts are retained by Creative IT. The Client must gain the written consent of Creative IT before re-using images / Parts provided by Creative IT in any medium or design or pc build other than was provided.

 

  1. Creative IT will make clients as aware as possible of potential copyright infringements and will warn away from use of images / Software that may breach the law in these occasions. In the event that The Client chooses to proceed with the use of any affected image, code and/or any other item or service that infringes copyright, Creative IT is not liable for any potential future lawsuits or fines.

 

3.5        Any content including images and/or text or any other such item, is the sole responsibility of The Client. Creative IT accepts no responsibility for any content presented by The Client.

 

 

4. Liability

4.1     Creative IT is not liable for any indirect or consequential loss arising from delay in delivery or failure to deliver, if delay or failure arises from any cause beyond our reasonable control.

 

5. Cancellation or Suspension of service

5.1     Creative IT reserves the right at all times to remove without notice The Client’s material from the hosting server for failure to pay fees owed in accordance with Creative IT's payment terms.

 

6. Customer Commitment

  1. Creative IT is dedicated to providing all clients design / Repair of the highest standard. We aim to ensure to reinforce and contribute to the value of all clients businesses, and strive to develop relationships that will be beneficial and equally rewarding.

 

  1. Creative IT will conduct all business with the highest ethics, always putting people before profit. Creative IT will always act fairly, with first consideration to the best service of The Client.

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