Terms of Service

Terms of Engagement

Any work undertaken by 4Stripes Digital Solutions Limited – TA – Four Stripes Digital will be subject to the following terms and conditions.

All work completed is subject to our Terms listed on this page.

General Services

The services which we are to provide for you will be outlined in our proposal, Statement of work or itemised quotation.

Client Care

We are committed to delivering the best possible results for our clients.

We will:

Protect and promote your interests and act for you free from compromising influences or loyalties.
Discuss with you your business marketing objectives and how they should best be achieved.
Act competently, in a timely way, and in accordance with instructions received and arrangements made.
Provide you with information about the work to be done and the way the services will be provided.
Protect your privacy and ensure the utmost appropriate confidentiality.
Treat you fairly, respectfully and without discrimination.
Keep you informed about the work being done and advise you when it is completed.
Provide information on how to request follow-up service & support.

We value an ongoing relationship with you. These Terms are the core basis of our relationship and our commitment to you to attend to your service requirements diligently, with efficient, effective and professional service.

The Basis of Our Charges

Unless agreed otherwise our rates are based on a range of factors, including time, expertise, importance, urgency and results achieved. Details of our charges are available at any time. We also charge for administrative disbursements and travel expenses incurred on your behalf. These will be itemised separately, and we will notify you if any fees or disbursements need to be paid for in advance.

Logins

Four Stripes Digital will need access to your

Website,
social media profiles,
Google Ads accounts
Domains

and any other relevant platform when carrying out the work agreed upon in the proposal/quotation you receive. Access will be given in a timely manner by you to cause no hold-ups in the production of your campaign. Four Stripes Digital will provide instructions on how to grant access where relevant.

Acceptance of Design and Ideas

Any concepts – Mockups – Samples or content not accepted remain the property of Four Stripes Digital. If work fails to meet your satisfaction, please contact Four Stripes Digital within 5 working days so the matter can be resolved.

Intellectual Property

The client shall retain intellectual property/copyright for all finalised logos, drawings, photographs, designs, artwork, proofs and websites prepared by Four Stripes Digital for the work specified in this agreement.

The client shall be entitled to use them only for the works and purpose for which they are intended. The client shall have no right to use any of this where any or all of the fees and expenses remain overdue or in default to Four Stripes Digital. Four Stripes Digital will retain the right to use all logos, drawings, photographs, designs, artwork, proofs and edits developed for the client for promotion purposes within their newsletters, websites, and portfolios, or any other promotional material.

Duplication of Website Code or File Supply

If requested we will supply duplicate code and design of a client-built website for the purpose of duplication onto another domain.

In this case, a 25% fixed percentage of the original project fee is payable on file supply.

In the case of a website that contains Licenced Plugins, Themes or SSL Certificates – all fees must be paid in full. Four Stripes Digital reserves the right to Invoice any ongoing fees that may be incurred

If you would like a copy of your website’s code for any other reason we require your account to be up to date before file supply.

Complaints

We maintain a procedure for handling any complaints by clients, designed to ensure that a complaint is dealt with promptly and fairly. If you have a complaint about our services or charges, you may refer your complaint to the person in our agency who has overall responsibility for your work. If you do not wish to refer your complaint to that person, or you are not satisfied with that person’s response to your complaint, you may refer your complaint to any other partner.

Website Hosting

Deployment of Projects

All projects developed by Four Stripes Digital are deployed to Our dedicated hosting servers on the go-live of the project. Hosting is charged monthly for a minimum term of 12 months. If you choose the Self-Managing Hosting Package for your website, we do not offer support for bug fixes nor support the code of the site. Any work requested by you will attract fees. These fees will be quoted, invoiced and paid for before work commences. For all other hosting packages, we also reserve the right to charge an access fee when we are engaged to complete work on your website, this fee covers the additional time spent working on your website.

Website Hosting Invoices & Payment

Hosting requires a monthly fixed fee is paid. This will be billed monthly. If you have requested to be billed annually, no refund is given if you cancel within the 12-month billed period.

Cancellation of Hosting Services

Hosting fees are non-refundable and are renewed automatically monthly or yearly. If you would like to cancel your hosting services we require 4 weeks’ written notice from you. On request we will supply all website files providing your account with us is up to date.

Four Stripes Digital reserves the right to charge a website hosting transfer charge of $520 +GST. This fee covers the preparation and supply of a website deployment package and the provision of relevant information to the new website hosting provider.

Please note, that cancelling your hosting account removes your website’s files from our servers. Be sure that you have copies of any files you want to keep before you cancel your account with us.

Domain Name Registrations & Renewals

We register and hold domains on our client’s behalf. As part of our service to you, we renew these on your behalf before the expiry date. Four Stripes Digital will notify you of the pending renewal 4 weeks prior to the due date. All renewal invoices must be paid in full before the domain fee is paid.

If you would like to cancel your domain services we need written confirmation from you. Upon receipt of this request, we will supply the domain key (UDAI). Please note some charges may apply for domain key supply. Domain name fees are non-refundable.

Please note, that cancelling your domain may remove your website from being in a ‘live’ state. Be sure that you have copies of any files you want to keep before you cancel your account with us.

Website Design and Development

Design and Development Invoices & Payments

Fees for new designs and builds require a 50% deposit to start the project and secure your spot in the development Que. The remaining 50% is payable 2 business days prior to live. Unless prior arrangements are made and both parties have agreed to the terms. Once the Business Profile has been completed and a copy sent to the client the deposit becomes Non-refundable.

Code Updates

In some instances when we undertake updates or development work on your website we need to also update the framework, code and/or plugins to the latest versions. We will advise if this is required, some additional costs may apply. This includes legacy code conflicting with updated code.

Content Management System Use

Please note that the content management system of your website allows flexibility to manage simple content and image updates. It is not a total solution for updating 100% of the website’s content. Further to this, some areas are complex and if updated can cause major issues with the look or performance of your website. Please only update areas you are familiar with and please don’t update the WordPress platform or plugins without prior discussion with us.

If an issue arises with your website as a result changes or of content management made by You the client, employees or another individual not employed by Four Stripes Digital a charge will apply to revert changes to rectify any problems.

WordPress Maintenance

Updates of the WordPress Framework and plugins used within your website are not included in the original website build price.

In order to keep websites functioning effectively over time, Four Stripes Digital will be in contact offering annual updates. If you require these to be updated the work will be charged out at an hourly rate depending on your requirements.

Clients should not attempt to make these updates themselves. Doing so can create errors and incur additional costs to fix.

Four Stripes Digital offers maintenance with our two premium WordPress hosting packages. Upon commencement of your hosting, our team will inform you of what the maintenance service includes.

Digital Marketing

Invoices & Payment

We will invoice you for the fees for any digital marketing campaigns monthly in advance.

Third-party fees payable to relevant platforms are paid directly to each platform via a credit card which must be set up before the campaign starts. These will be disclosed during the discovery & planning process

Financial

Quotations & Fees

The fees which we will charge or the manner in which they will be arrived at, are set out in these Terms or our subsequent quotation.

If the agreement/quotation specifies a fixed fee, we will charge this for the agreed scope of our services.

Quotations are based on information provided by the client at the time of quoting work. Any subsequent work which falls outside that scope or changes in the client’s instructions from originally stated requirements may incur extra charges. These charges are based on an hourly rate basis with minimum billable time blocks of 30-minute increments.

Any material that must be unexpectedly collected or created at our expense in order to complete the work may incur extra charges at the current rate. Any later material supplied to us may also jeopardise any deadline that may have been agreed upon.

Where our fees are calculated on an hourly basis, the hourly rates are set out in a quotation/invoice. The differences in those rates reflect the experience and specialisation of our professional staff.

Estimates

Estimates include design, development, testing, deployment and acceptance support.

We use our best judgment and experience when making estimates. However, estimates are just estimates. We’ll communicate with you as soon as we are aware that more or less time is required. We will then work with you to understand why the estimate was inaccurate and chart a course of action based on your input and approval. However, all logged hours will be billed accordingly.

Disbursements and Expenses

In providing services we may incur disbursements or have to make payments to third parties on your behalf. These will be included in our invoice to you when the expense is incurred. We may require an advance payment for the disbursements or expenses which we will be incurring on your behalf.

GST (if any)

Is payable by you on our fees.

Invoice Disputes

We must be notified in writing within 5 calendar days from the date you first received the invoice. The Client shall identify the specific cause of the disagreement and shall pay when due that portion of the invoice, not in dispute.

For any queries on this invoice, please contact Monique Human Or Evie Lane via email at [email protected] or call 09 2421821

We reserve the right to halt all services including hosting of your website until payment is made. If you are unable to make payment for any reason, please contact us as soon as possible to discuss.

Overdue Invoices

Payment of invoices is due within 14 days from the date of issue. For overdue invoices that exceed 30 days, account-keeping fees of $34 NZD will be added to each invoice.

All payments are applied to the oldest outstanding invoice.

For payment by Direct Credit:

Bank: Kiwi Bank – Four Stripes Digital

Account Number: 38-9020-0633498-00

Reference: (Invoice Number or Customer code allocated)

Four Stripes Digital also accept VISA & MASTERCARD payment for your convenience.

Four Stripes reserves the right to forward accounts not paid within 90 days to a debt collection agency and the account holder will be responsible for paying any administration costs, collection costs and legal fees.

Security

We may ask you to pre-pay amounts to us or to provide security for our fees and expenses.

You authorise us:

to debit against amounts pre-paid by you; and
deduct from any fees, expenses or disbursements for which we have provided an invoice.

Third Parties

We hold the right to add a 10% service fee for all third-party expenses that we manage and pay on your behalf. This includes print, digital advertising and social media advertising placement. This service fee is based on the amount paid to the third party.

Although you may expect to be reimbursed by a third party for our fees and expenses, and although our invoices may at your request or with your approval be directed to a third party, nevertheless you remain responsible for payment to us if the third party fails to pay us.

Confidentiality

We will hold in confidence all information concerning you or your affairs that we acquire during the course of acting for you. We will not disclose any of this information to any other person except:

to debit against amounts pre-paid by you; and
deduct from any fees, expenses or disbursements for which we have provided an invoice.

Confidential information concerning you will as far as practicable be made available only to those within our agency, who are providing services for you.

We will of course, not disclose to you confidential information which we have in relation to any other client.

Suspensions & Terminations

You may terminate our services at any time, providing 30 Days Written notice. We may also terminate our services to you at any time. Any work commissioned by the client, and subsequently cancelled or suspended for more than 30 working days, Four Stripes Digital will be entitled to payment in full for the portion of work completed up to the date of termination and all expenses incurred up to that date.

If a project is left stagnant by the client and Four StripesDigital has not been able to do work on the project for a period of 8 weeks or more, this will incur extra charges to pick up the job again once the client is ready. This charge is to recap where the job was left and re-brief the team.

Retention of Files and Documents

You authorise us (without further reference to you) to destroy all files and documents for this matter (other than any documents that we hold in safe custody for you) 1 month after our engagement ends, or earlier if we have converted those files and documents to an electronic format and supplied to you.

Additional indemnity

Except as otherwise provided for, we will not be liable for any loss or damage of any kind whatsoever, arising from the supply of the Services rendered by us to you, including:

The consequential loss whether suffered or incurred by you or another person; and

Whether in contract or tort (including negligence) or otherwise; and

Irrespective of whether such loss or damage arises directly or indirectly from the services provided by us to you. You will indemnify us against all claims and loss of any kind whatsoever, however, caused, or arising and without limiting the generality of the foregoing of this clause, whether caused or arising as a result of our negligence or otherwise, brought by any person in connection with any matter, act, omission, or error by us, our agents or our employees in connection with the Services rendered.

Any dispute will in the first instance be referred to mediation for resolution. In the event that resolution by mediation is not achieved to the satisfaction of both parties within 30 days of referral to mediation, either party may then take legal action to resolve the dispute. Nothing in this clause prevents us from taking legal action to enforce payment of any debt due, nor where required to seek interlocutory or injunctive relief.

If any provision of these terms is invalid, void illegal or unenforceable the validity, legality and enforceability of the remaining provisions will not be affected, prejudiced or impaired. Failure by us to enforce any of these terms will not be deemed to be a waiver of any of our rights or obligations under these terms.

If you are not happy with the terms of engagement

You will let us know if any of these terms are unclear or if you would like to alter the terms in any way. If your request is reasonable we will redraft them to ensure that we maintain an effective working relationship between both parties.