This agreement (the “Agreement”) below is between you as the (“User”/”Client”) and Half Light Studio, trading as The Salt Tribe, (“we”, “us”) contains the terms and conditions that apply to your access and use to the services provided by Us.
Throughout the site, the terms “we”, “us”, “Half Light Studio”, "The Salt Tribe and “our” refer to Half Light Studio, trading as The Salt Tribe Limited. Half Light Studio offers this website, including all information, tools and services available from us to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”). If you are using the Services on behalf of an organisation, you are agreeing to these Terms for that organisation and promising to us that you have the authority to bind that organisation to these Terms (in which event, “you” and “your” will refer to that organisation).
Please read these Terms of Service carefully before accessing or using our website or any of our services. By accessing or using any part of the site, or services provided by us, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Payment of services and/or products is payable via via Paypal or Internet Bank Transfer and is charged in New Zealand Dollars and includes GST. Initial payment is is due before any design work begins and final payment is due before any digital files or site is launched. All other invoices are payable within 7 days of receipt of invoice with the exception of any pre-agreed payment terms. Please note that fail to make payment after the 14 days will result in 15% of the project total to be added as a late payment fee and all work ceased.
Any deposits paid on a contract are non-refundable as Half Light Studio reserves your place in the calendar.
Payment terms are strictly 7 days following the invoice.
A late payment fee of 15% of the invoiced amount will apply to overdue accounts older than 14 days.
Debt collection proceedings will be initiated if no agreement can be reached about invoices that are 60 days overdue.
Any costs incurred by us for late payments, including, but not limited to debt collection and or court costs, to recover overdue accounts will be paid by you, (The Client).
The client is responsible for all hosting and domain payments and are due in advance to contract completion.
This agreement shall begin when the client accepts a quote, signs this agreement and pays the corresponding deposit invoice will continue until all services are complete and delivered, or until the agreement is terminated.
WEBSITE HOSTING AND TECHNICAL SUPPORT
Half Light Studio is not responsible for website hosting. Technical support will be provided in the form of a 1 hour training at the time of project completion and should the client wish to extend support they can do so at all additional cost. Website hosting will be through Squarespace and Half Light Studio is not responsible for any downtime or issues on the platform that impact the client’s website (such as down time, server issues, updating plugins or general Squarespace issues) .
We are not responsible for fixing user errors, providing ongoing content updates, technical support or adding functionality unless you purchase one of at an additional cost.
We can't guarantee that the functions contained in any web page templates or in a completed website, or web hosting services will always be error-free and so we can't be liable to you or any third party for damages, including lost revenue, lost savings or other incidental, consequential or special damages arising out of the operation of, or inability to, operate this website and any other web pages, even if you have advised us of the possibilities of such damages. If for any reason, this does not prevail, our liability shall never exceed the amount paid to us by you under this terms of service in the immediate 6 months preceding any notice of claim.
Half Light Studio does not assume any responsibility or liability for any of the content of the websites it manages, maintains and/or hosts.
The client guarantees to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you (or third parties at your request) provides us for inclusion on any websites we build or host, are either owned by your good selves, or that you have permission to use them. You will comply with any applicable copyright laws in New Zealand (or the country you are based in).
We retain all intellectual property rights for the project until the final payment has been received.
Complying with privacy and anti spam regulations (e.g. GDPR) is entirely your responsibility. We are not lawyers so we can only give you general guidelines and cannot guarantee compliance.
The Client agrees to allow Half Light Studio to add credit on the Client’s website in the form of a small line of text in the footer of the website along with hyperlink to Half Light Studio’s website.
The Client agrees to allow Half Light Studio to use screenshots of the clients website to aid in self-promotional services and portfolio examples, unless agreed to the contrary in writing by both parties.
As part of the agreement you adhere to the terms of each package which allow for 2 rounds of minor revisions during the contract period (example, font, colour, image placement) unless you have specifically purchased an additional week of edits post-launch. If you’re not happy with the designs at this stage, you will pay us in full for all of the work that we have produced until that point and you may either cancel your contract or continue to commission us to make further design revisions at our standard design rates.
All updates requested by the client during revision rounds must be completed in the requested time frame set out by Half Light Studio and also within one request (one detailed email).
Should the Client request major changes or change the scope of work for the contract then they must do so in writing. Half Light Studio retains the right to reply (within 10 working days) with additional costs and fees. Should either party not wish to accept the updated scope of work and fees than the Original Agreement proceeds and all fees must be paid in full.
HTML + CSS CODING
Half Light Studio does not accept responsibility for updates that in any way affect HTML and CSS coding after completion of the contract.
THIRD PARTY / CLIENT MODIFICATIONS
With a Squarespace website, the client will independently edit or update their web pages after completion of the site, unless otherwise agreed upon in this agreement by client and Half Light Studio. If the Client or their subcontractors attempts to update the web site and damages the design or impairs the functionality or display Half Light Studio is not held responsible. Should the client wish to engage Half Light Studio to correct these errors that will be changed at the current hourly rate.
If for some reason one part of a Half Light Studio contract becomes invalid or unenforceable, the remaining parts of it remain in place.
This contract is a legal document under exclusive jurisdiction of the courts of New Zealand.
REFUSAL OF SERVICE
Half Light Studio reserves the right to refuse service to any individual, website, or blogs that contain offensive, obscene, hateful, malicious content or any other reason.
If anything out of the control of either party occurs as a result of an act of God or similar circumstances such as a force majure event then the contract will suspend until services can be resumed.
If you have any questions about these Terms, please contact Half Light Studio
Last updated: September 11, 2019