PDC Creative Limited will endeavour to operate in a fair and reasonable manner at all times and it is part of our ethos to ensure we maintain a great relationship with our Clients. It is, however, important to agree to certain contractual aspects in order to protect both parties. By undertaking a project with PDC Creative, you are agreeing to the following terms and conditions.

1. Relationship of the Parties

‍The parties intend that an independent contractor relationship will be created by this contract, and that no partnership, joint venture or employee/employer relationship is intended or implied.

2. Project Process

PDC Creative cannot always guarantee to start work immediately on a project but will arrange a date with the Client as to when work can commence.

The project will be run according to PDC’s Process.

Once a start date is confirmed we will commence work at once, provided you supply us with:

• Final data, information, logos, designs, graphic and related materials to be incorporated into the Website solution ready for publication..
• Pay the Deposit prior to design and build commences. 
• Where applicable comply with all the terms of the Website hosting agreement.
• Should you decide to make design changes once the concept has been signed off, PDC Creative may quote for an additional charge.

During the Website Development Process PDC Creative will at intervals send  a link to view versions of the client’s Website so that the client may view and comment upon the Website’s progress, and approve design concepts and prototypes.

When both PDC Creative and the Client agree that the Website meets the criteria agreed during the project scoping process, PDC Creative  will invoice the Client for the remainder of the amount due for the project. At PDC Creative’s discretion, PDC Creative may choose to delay publishing some Clients websites until full payment for the project has been received.

3. Acceptance Testing

You will conduct the acceptance tests on the deliverables within 2 weeks of installation to ensure that they perform in accordance with the Proposal. If a deliverable does not pass the acceptance test, we will correct the failure. You will have up to three rounds and no more than 8 hours of changes on the final design - there after will incur a cost of $120+gst per additional hour.

If during the project process you request additional or changed functionality/content from the deliverables outlined in the specification or Proposal, then PDC Creative will provide a time plus materials quote which will be in addition to the cost of the Website project.

The Website will be designed and tested to operate on current versions of mainstream PC and Mac Web browsers including those made by Apple (Safari), Google (Chrome), Microsoft (EDGE), Mozilla and Firefox. Additionally, the Website will be tested on mainstream mobile devices including iOS; Safari, Chrome; Android 4: Chrome and Firefox.

4. Copyright

All material, both text and images, supplied by the Client and used in the construction of the Client’s Website, will remain the Client’s property. All such material will be assumed to be the property of the Client and free to use without fear of breach of copyright laws.

The copyright for all material provided by PDC Creative, such as HTML code, graphics, photographs and text, but excluding software code, will remain the property of PDC Creative until such time as PDC Creative receives full payment, whereupon they will become the property of the Client.

PDC Creative  reserves the right to display and link to your project as part of our marketing and promotion including portfolio and to write about it on websites, magazine articles and in books.

5. GST

All prices are quoted exclusive of GST. GST is payable by New Zealand residents, this cost does not apply to overseas orders.

6. Terms of Payment

An invoice for 50% of the price for the project will be provided on acceptance of the proposal or quote. This invoice must be paid before the project can commence.

Once the project is complete and approved by the Client, the final invoice for the remaining 50% or outstanding balance for the project (including any changes, variations or project expenses) will be provided.

Payment shall be made within 14 days of the date of issue of the invoice unless otherwise arranged.

7. Maintenance

PDC Creative provides maintenance services for its clients; however any maintenance or updates are outside the scope of the design project. Should technical support be required, normal business hours phone support is available on +64 9 972 7350.

The best insurance option for unforeseen hacks, security updates, system upgrades, version upgrades, and general maintenance is our website care plan which includes a wide range of services for a single monthly fee. In the absence of a maintenance plan, when updates are required, PDC Creative will provide time and materials based quotes for this work. If a Website development agreement has been signed then clauses relating to support services will be applicable.

8. Validity of the Agreement

Either party may terminate the agreement on 7 working days’ written notice to the other party. 

If at any point during the website development process a client wishes to cancel, they may do so but will be invoiced an amount that PDC Creative judges to be proportional to the amount of work completed on the project.

If the total amount of work completed equals less than the 50% deposit paid by the Client, PDC Creative will refund the portion of payment not used.  If the total amount of work completed is more than the first 50% invoiced, PDC Creative  has the right to invoice the extra hours completed.

9. Applicable Law

The Consumer Guarantees Act 1993 may apply to any services we provide to you if you acquire these services for personal, domestic or household use. If this act applies, all rights you may have under it apply in addition to the rights you may have in this agreement. Nothing in this agreement will limit or exclude your rights under this act.

Where you acquire or hold yourself out as acquiring our services for the purpose of a business, then you agree that the provisions of the Consumers Guarantee Act 1993 will not apply to our service or the provision of any other services to you.

This agreement shall be deemed to be an agreement made in New Zealand and shall be subject to, governed by and interpreted in accordance with the laws of New Zealand.