Terms of Trade

TERMS OF TRADE

The following terms and conditions apply to all services provided by Vanilla Hayes. By engaging Vanilla Hayes as a service provider you agree that you have read and accept these terms and conditions. Any variation to these terms and conditions must be agreed upon in writing by both parties prior to work commencing.


QUOTATIONS

All quotations remain valid for a period of 30 days from the date of the quotation unless otherwise specified, after which a revised quotation may be required. Any variation to the project brief or scope of work required, increase in material costs, or delivery schedule will make the quotation subject to amendment. All quotations and project fees allow for two rounds of refinements, and where additional rounds of refinements are required these will be charged at our hourly rate and may on occasion delay the final delivery date of your project. 



DIGITAL IMAGES/FILES

It is the sole responsibility of the Customer to ensure they have the necessary permissions, ownership and/or licences to use all and any images, files or photographs supplied to Vanilla Hayes. Any image, file or photo editing required to use a supplied file will be charged at our standard hourly rate.



DOMAINS

Your domain name must be purchased by you, the Customer, preferably before website design commences. Domain transfers for existing websites may incur an additional fee to cover the additional work required. Should email migration be required this will also be at the Customers expense and is not covered within the scope of work for a website design.



PAYMENTS 

All pricing, unless otherwise stated is displayed in New Zealand dollars and subject to GST. A non-refundable deposit is required from all Customers to confirm a project booking and for design work to commence. The balance of any project costs is due to publish and launch your approved website or for delivery of your completed high-res design files. Vanilla Hayes reserves the right to invoice for work to date on a monthly basis for any ongoing or ad-hoc design work. Unless otherwise agreed upon, invoices must be paid in full within fourteen days following the date of the invoice, statements will only be issued on request. A late payment penalty equal to 10% of the balance owing may be charged as interest on overdue accounts. Any costs incurred for debt collection services will also be the responsibility of the Customer. For large print orders Vanilla Hayes reserves the right to request payment in full upfront before items are sent to print. 



PROOF APPROVAL 

Following approval of a final proof Vanilla Hayes will not be held responsible for any errors picked up after finalising/printing, and any reprinting or editing costs will be at the sole expense of the Customer. Printed proofs may be available on request in some cases and could incur an additional fee. Please note that unless printing in spot colour, variation is inherent in the printing process.



FILE DELIVERY & DESIGN OWNERSHIP

Vanilla Hayes retains full ownership of all final designs and/or websites until payment has been made in full. Once paid in full, the final design files and/or website becomes the property of the Customer. Unless by prior arrangement and explicitly included in a project quotation, working files remain the sole property of Vanilla Hayes and will not be provided to the customer. Vanilla Hayes reserves the right to reuse working files and/or custom code in part or in full for other projects without breaching Customer copyright. Where Vanilla Hayes delivers final design files, they will be provided in EPS, PDF, JPG and PNG format as applicable. Output and delivery of any other file formats may incur additional costs. Trademarking remains the sole responsibility of the Customer. Vanilla Hayes reserves the right to display all work completed for their Customers for marketing purposes. Unless specifically requested otherwise, Vanilla Hayes reserves the right to add a credit link at the bottom of the Customer’s website to Vanilla Hayes’ website. 

 


CONSULTATIONS

All initial in-person or virtual consultations are free of charge. A single follow up consultation (if required) is also complimentary. Further in-person or virtual consultations unless otherwise agreed upon will be billed at our hourly rate and will be added to the cost of your design project. 



HANDOVER PERIOD

Any minor edits to a completed website will be made without charge during the two week period following a website launch. All and any changes following that specified handover period will be charged at our standard hourly rate or covered by our optional support and maintenance packages where applicable.



NONRESPONSE

Should the Customer fail to respond to Vanilla Hayes for a period exceeding 90 days in regards to any active project, said project will be formally archived and a $300 retrieval fee will be incurred should the Customer wish to progress with the project at a later date. Any subsequent variations to the original design brief will require a new quotation for revised scope of work to complete the project. Following a period of 12 months nonresponse a project will be considered terminated. 



TERMINATION 

Should either party choose to terminate a project this must be done so in writing and any work to date not covered by the non-refundable deposit will be invoiced and payable in full. Abandoned working files will not be supplied to the Customer and all designs remain the property of Vanilla Hayes and may not be used in part or in full by the Customer for any reason without written permission to do so from Vanilla Hayes.


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