HotHouse Standard Business Terms and Conditions

Terms of Quote

1. Quote excludes GST, and is valid for 28 days only.
2. A 25% deposit is due with order.  Once a project is established we will send a schedule of payments, as required  Full and final payment being due on completion of the project.  For websites and software, full payment is required before making the site live or releasing the software.
3. Payment due 20th Month following invoice.
4. Text and images to be supplied electronically scanning/typing charge is $50.00 per hour.
5. Project will not commence until all material required is received.
6. Quote includes the materials specified above, additional materials and expenses will be on-charged such as tolls, paper, photocopying, couriers
7. Transmission of files to third parties will be invoiced at $15 per email file.
8. Client requested changes in the scope of the project would result in additional charges.
9. Additional hours for design, construction, copywriting, photography etc will be charged at $95per hour.
10. HotHouse requests that images be provided in a resolution of 300dpi or above and accepts no responsibility for the quality of work reproduced using images of a lower resolution.
11. Proofing brochures, stationery, profiles, reports and any other print material is the client's responsibility and once the proof is signed off by the client as print ready, HotHouse is not liable for any current or subsequent charges that may occur due to errors.
12. Cancellation of the project must be documented and sent in writing to HotHouse. We will receive payment for all work completed to date within 14 days of furnishing an invoice. Collection of outstanding fees will be at the client's expense.
13. By signing this contract you acknowledge that HotHouse has the right to use this product as a promotional tool.

Our Commitment

1. HotHouse's expertise is intended to provide business clients with effective and innovative, business, marketing and communication solutions based on our knowledge, and understanding of the macro, medium and micro-business and economic environment.
2. HotHouse provides a full range of supporting documentation to ensure that clients are kept fully informed of work in progress and fees to date.

Liability

1. The Directors, shareholders, staff and associates of HotHouse accept no liability for decisions made on the basis of advice or information provided by HotHouse.
2. In preparing client recommendations and advice, HotHouse has relied on the accuracy of information supplied by the client. HotHouse takes no responsibility for outcomes arising from any inaccuracy of that information or for any failure by the client to provide information or documents, which may be relevant to the advice provided.

Proofreading

1. HotHouse does not accept liability for printing errors that may occur in brochures, profiles, letterhead or business cards or any other print material where the client has signed off a proof as being print-ready. While we endeavour to be thorough in checking all files before printing commences it is the client's responsibility to check: image quality, prices, dates, contact details, map locations and place names, logos web and email addresses and so on. If a reprint is required, the cost of the original job and the reprint will be at the client's expense.

Confidentiality

1. HotHouse will prepare documents for the benefit of the client for the purpose of advising the client on business and marketing strategy, and other matters as required. This information is supplied on a confidential basis for the exclusive use of the client. It is not to be distributed further without the permission of HotHouse.
2. HotHouse will respect the Client's right to confidentiality and any information gathered in the process of completing the project will not be disclosed to any third party outside of HotHouse, except with prior client approval.

Force Majeure - events beyond control of either party

1. Neither party will be liable for any act, omission, or failure to fulfil its obligations under this Agreement, to the extent that such act, omission or failure arises from any cause reasonably beyond its control, including, without limitation, any delay or failure caused by any act or omission of the other party, acts of God, strikes, lock-out, riot, acts of war, epidemics, governmental action after the date of this Agreement, fire, communication line failures, power failures, terrorism, earthquakes or other disasters ("force majeure").

Variations to Services

1. Either party may request variations to the Services from time to time in the form of a Change Request. As soon as practicable after receiving a Change Request, the parties shall discuss the subsequent matters arising from the change request - for example pricing, time required; and shall upon agreement then be deemed incorporated into and constitute a variation to the client Agreement.

Lawful Content

1. The Client undertakes to ensure that any material provided to HotHouse (or any representative acting on behalf of HotHouse) for inclusion on the website, or in any publicity material such as brochure, advertisement or press release:
2. Does not infringe the rights of any person.
   
   1. Is not obscene, offensive, abusive, defamatory, or in any way unsuitable people under the age of eighteen (18) years; and
   2. Does not comprise and cannot be used for any unlawful purpose or activity.
   3. Does not contravene existing New Zealand copyright laws.

Copyright

1. All artwork, designs, graphics, HTML, code and programming, and sounds, that are created by HotHouse, are the property of HotHouse and protected under NZ copyright laws, until such time as the client has settled all outstanding fees and accounts. At this time the Client will retain ownership of the material, unless by prior arrangement.

Photographs

1. If HotHouse is commissioned to take photographs for the website or any publications, copyright and ownership of the images remains with HotHouse. HotHouse does not give the right to: sell or provide these shots to anyone else, use them in magazine and newspaper articles, in brochures or other publications except by negotiation with HotHouse.

Licences and Consents

1. The Client is responsible for:
   
   1. Obtaining all necessary permission, authorisations, licences and consents in relation to the use and incorporation of third party materials into the print publication or web site.
   2. Payment of all royalties or licence fees associated with the use of a third party's intellectual property rights in connection with the publication or website.

Payment for Work Completed and Cancellation

1. The Client shall pay for all work completed by HotHouse. Invoices for work completed will be sent at the end of each phase of the project, or on a monthly basis in the case of ongoing projects. Should the client decide to terminate any project agreed to prior to completion, then HotHouse will reconcile the work completed and be entitled to payment for all outstanding fees within 14 days.
2. Notice to terminate a project should be given in writing by either party.
3. When accepting a project, HotHouse books out staff time to ensure that we can deliver projects on time. In the event of a client cancelling or postponing work HotHouse need to protect against lost revenue caused by this. Therefore, HotHouse will charge all work completed in full at the point a project is cancelled or put on hold. In addition, any work scheduled to be undertaken in the 30 days following the point we were notified of the need to cancel or delay a project may be charged at up to 33% of the value of this work based on our standard hourly rates.

Client's Obligations

1. Timeframes:
   
   1. The Customer will use all reasonable endeavours to meet the timeframes set out in the Project Management Plan. Projects that become protracted through the client's failure to forward information, provide feedback, within a 'reasonable period of time', unless otherwise agreed, will result in monthly progress payments invoiced to the client by HotHouse, to cover the work completed.

HotHouse Warranty

1. From the moment your website is live you are covered by WebFit - our Exclusive 6 week Warranty. WebFit means HotHouse will fix at no cost to the client: any broken links, forms not working, graphics which are not displayed, or any minor website problems, that were working at the time of launch (only available during statutory holidays by prior arrangement). This does not apply to failure of email, e-commerce, internet server or banking applications, or to search engine re-registration. It does not cover creating any additional pages to the website, or to any graphics or text uploads, requested after the launch date.
2. International research has identified that the majority of computers are set up with the following specifications: Operating Systems Windows 2000 or Windows XP; Internet browsers Internet Explorer v5/v6 or Mozilla Firefox; screen resolution of 800 x 600 or more; and Javascript enabled. As a result HotHouse designs and develops solutions that are expected to work in these environments and will not provide support for anything else unless this has been clearly specified prior to work being quoted for.

Email Setup

1. In the process of building your new website you may require email address setup. If we encounter complicated technical settings within the recipient's computer that require us to enlist additional technical support, this will be executed (with prior client approval) at the clients expense. Other email problems that you may experience with your email system, e.g. failure of your web server or ISP (e.g. Xtra going offline), are unfortunately beyond our control and therefore not the responsibility of HotHouse.

Contingent Liability Policy

1. Technical failure of suppliers such as printers, technicians, your web server, ISP, or Bank and/or banking transaction technology, is beyond the control of HotHouse. Therefore we do not accept responsibility for any financial losses that may result if this occurs. Naturally in the case of websites we are diligent to ensure your online business platform remains fully functional at all times, but we cannot control or effect the actions of other suppliers. Similarly, any loss of revenue incurred through email services being disrupted is not the responsibility of HotHouse.
2. HotHouse advises that no responsibility is accepted for any issues arising due to the clients’ technical competency knowledge. A level of technical competency is required should the client wish to maintain or update their website. Training and assistance are available at $95 + GST per hour.
3. Hothouse has endeavoured to provide an accurate allocation of time for client changes to the project. In the event of client changes exceeding the allocation these will be charged for on a Time & Materials basis.
4. As a small business our talent pool is subject to market fluctuations. While we endeavour to support every web related technology we build and install there may be instances where staff leave the company and we are unable to replace them immediately, and/ or the skill base is not available within the local market. If this eventuates we will make every effort to enlist professional services from larger markets such as Wellington. However these will be on-charged to the client at the going market rate at the time.