TERMS OF SERVICE AND ACCEPTABLE USE POLICY

Definitions

The following words and expressions shall have the meanings hereby assigned to them except where the context otherwise requires; All Terms defined in the Web Hosting Terms and Conditions shall have the same meaning in this document unless redefined below.

"Web Daily", "us", "we" and "our" Means Web Daily
"Client ", “You” and "Your" means the party or parties who enter into this Agreement with Web Daily.
"Directors" means the registered directors of the Client at or after the time of approval.
“Service”, “Website Design Service” means the website design services provided by Web Daily
“Published” means the uploading of the files containing the website content to a web server connected to the Internet

General Terms

The Terms and Conditions set out in this document relate only to Your use of the website design service provided by Web Daily.
Web Daily reserves the right to modify, enhance and withdraw all or part of the service and alter its Policies and these Terms & Conditions.  In the event of any change, Web Daily shall provide a general notice on our website and changes will become effective upon publication.

Guarantees

1. There is no money back guarantee applicable to this website design service.
2. We will reasonably endeavor to create a high-quality and error free website but we make no guarantee as to the suitability or success of the completed website once it is published.
3. If You are not completely satisfied with the quality of the website design provided by Web Daily You should in the first instance notify us in writing to support@webdaily.co.nz and we will endeavor to resolve any issues to your satisfaction. We cannot guarantee any further work will be undertaken on the site and requests will be analysed on a case by case basis.
4. Where Web Daily has created Your website in accordance with Your chosen template and supplied content and subsequently You are not satisfied with how the website looks, Web Daily will not be obliged to make any major changes to the website without invoicing You for the additional work involved.

Web Daily’s Obligations

1. We will endeavor to create a website using Your chosen template and the content provided by You, in accordance with Your wishes.
2. With Custom work, upon completing a draft version of the website design, Web Daily will present this to You to be reviewed online.  The draft version will be deemed to be approved by You, unless you notify Web Daily otherwise in writing within 7 days.
3. We will complete quality assurance checks and browser compatibility checks for Internet Explorer (Version 9 and later), Mozilla Firefox, Chrome and Safari.
4. Within thirty days of when Your approved website has been published, we will correct any error found on the Custom website pages where the error is a result of our failure to convert correctly Your submitted content word for word.  These corrections will be made free of charge.
5. After the completed website has been approved by You and published by Web Daily, any changes You request will incur additional fees.
6. Once You have chosen a template and submitted your website content and Web Daily has commenced the design work, any request from You to change to an alternative template will incur a fee according to the support time required to make the change.

Your Obligations

1. All website material supplied by You must be in electronic format and of acceptable standard.  If any work is required to correct or convert material, additional expenses will be incurred.
2. You must not supply any content which is in breach of our Acceptable Use Policy or infringes any other legal rights of any third party.
3. You agree that the website content You submit to Web Daily for us to commence design of your website will be complete and accurate.  Any major changes to the content requested by You after the original content submission has been made, determined at Web Daily’s discretion, will incur additional fees.
4. You agree that once the completed website has been published You are solely responsible for backing up the website files and you understand that any failure to do so may result in the loss of your website content.

Website Maintenance / Update Service

1. We will accept maintenance, re-design and update work for existing websites on a case by case basis.
2. Chargeable time will be broken into half-hour periods, with a minimum of one half-hour being charged.
3. A quotation with an estimate of the time and associated charges will be available on request.  We will do our best to provide an accurate estimate of the cost, however due to unforeseen circumstances we cannot guarantee the final cost will be as quoted.  We will notify you as soon as possible if we anticipate any variance to the original quoted work and will not undertake the additional work until you have accepted the changes to the original quote.
4. We do not offer any free additional services with website maintenance work.
5. You will be required to provide us with your acceptance/approval via email on completion of the maintenance work.  We will not be responsible if any future work results in our updates being overwritten or lost.
6. Any pre-engagement discussions to walk through high level requirements are obligation-free and at no charge. 
7. To clarify budget considerations, we will endeavour to provide a broad hours estimate prior to commencing a new development project, however the estimate will not be binding. 

Consultation and development hour blocks

1. All consultation and development work will be undertaken as part of an hour block and must be pre-paid. 
2. Hour blocks can be used to engage Web Daily in any consulting or development work that is within our technical capability. 
3. Blocks may be purchased in advance at 1, 5, 10, 20 or 50 hour increments at rates specified.
   Remaining hours never expire, however they are non-refundable.

During the project

1. We’ll update you on how we’re tracking against projected hours as well as time remaining on your hour block throughout the project.
2. As we near the end of an hour block, we’ll contact you to discuss estimates on hours to complete your project. At this time you’re able to purchase an additional hour block of your choice. 

General terms 

1. We will have access to your account so we can support you and perform further development on your system where required. 
2. Web Daily will not be held liable by the client for any commercial losses resulting from our work on your organisation’s platform. This includes but is not limited to lost potential revenue, loss of data, inaccurate data or damage to reputation.
3. When undertaking custom development, we’re entitled to reuse or repurpose code we’ve written for future projects. 
4. We may present a potential development road map with “phases” that cover future projects. Each phase will be scoped before commencing work and neither party is obligated to take on any future project.

Price

1. Any requested modifications to the supplied templates will incur additional charges to be quoted by Web Daily when requested by the Client or billed at $110 /hour + GST if no request for quote is made.
2. After-hours support or priority support requested by the Client is billed at $190 /hour + GST 
3. Custom designed templates can be commissioned by You and will need to be quoted for by Web Daily.  If a custom template requires images that You have not supplied, additional fees may apply for the purchase of images from an image library.
4. Changes to the website requested by You after the final completed site has been published will incur additional to be quoted by Web Daily
5. Website maintenance and updates to existing websites will be charged and quoted by Web Daily.

Payment & Renewal

1. Payments are accepted via Bank Transfer and Credit Card.
2. Subscriptions automatically renew until cancelled. Payment is due on the anniversary of the date of signup each month (or subscription period). If payment is not received within 5 days of the due date, Web Daily will suspend the subscription until full payment is received and reserves the right to suspend any and all related services for the account in question.
3. Credit cards will automatically be debited on the due date of the invoice unless specifically requested by You/The Client
4. As per #3 above You can request a credit card to either be deleted from our systems or retained for you manual processing of payments. Removal of credit card data can be done via the Web Daily control panel or via a support request to support@webdaily.co.nz
5. The website files shall remain the property of Web Daily and will not be handed over to You until all outstanding fees have been paid.
6. For services, payments are due in advance of any work commencing. For larger custom development services, payments may be split into multiple payments, commonly consisting of a 50% deposit prior to any work commencing, and the remainder upon completion, however this option will only be offered at Web Daily’s discretion.
7. Should we receive a chargeback or disputed payment, all services will be revoked until any disputed amounts have been repaid, plus any fees incurred which are typically $20 per chargeback.
8. The Client will pay Web Daily’s invoices by the due date stated on the Web Daily’s valid invoice.
9. Claims arising from invoices must be made within 14 working days.
10. All overdue invoice bear interest at 18% per annum ( 2% per month ) on unpaid balance. There is also a $20 return payment fee for any declined cheques, credit cards or automatic withdrawals.
11. In the event of default of payment when due, all costs of collection, including legal fees and court costs, shall be paid by The Client.
12. Any credit extended to the applicant may be reduced or eliminated in the event Web Daily, in its reasonable discretion, determines that the applicant's financial situation or ability to pay is impaired.
13. The Client authorises Web Daily to make inquiries into the banking and business/trade references that you have supplied.
14. The Directors of the Client personally guarantee the payment in full of the approved invoice amount owed to Web Daily in the event of The Client being placed in receivership, ceasing trading or being wound up.

Delivery

1. All domain and hosting subscriptions are issued within 48 hours upon receipt of payment. Should your payment turn out to be fraudulent, the subscription will be suspended and you will be expected to repay the amount + any fees incurred.
2. Our professional setup & installation services usually take between 24 & 48 hours to complete, but this is not a guaranteed turnaround time, and at peak times such as new releases, they will often take longer.

Cancellations & Refunds Policy

1. Subscriptions may be cancelled at any time. No notice period is required, and the cancellation will be effective from the date the cancellation request is confirmed via a support ticket. Requests for cancellation should be sent to accounts[at]webdaily.co
2. Any monies paid for subscription renewals prior to a cancellation request being submitted are non-refundable. The same applies to any services, where once the service has been started, any fees paid also become non-refundable.
3. Web Daily reserves the right to cancel service and access to the service at any time. If a customer breaks the Terms of Service, a refund will not be available.
4. Refunds are only issued for critical service failure (service is unavailable for longer than 48 hours). Refunds are not issued for lack of features or if your service does not meet the requirements of web browsers.
5. Refunds are determined on individual circumstances and only issued once our technical staff determine that Web Daily has a fault causing the service to become unavailable or unresposive. Installation charges are not refundable under any circumstances.

Design Acknowledgment

1. Web Daily reserves the right to include a description of Your website design that was completed by Web Daily, including a link to its website on the Web Daily website.

Intellectual Property

1. Website Templates remain the property of Web Daily and must not be reproduced, copied or distributed to any third party without the prior written consent of Web Daily.
2. You retain all rights, title and interest in materials you have supplied to Web Daily for incorporation into Your website.

Search Engine Optimisation and Submission

1. Web Daily does not guarantee that the submission of Your website to the major Search Engines will result in your website being listed by those Search Engines in any given timeframe. 
2. Search Engines can change their ranking algorithm at any time, which can affect website rankings and Search Engine Results Page (SERP) positioning.  Web Daily has no control over Search Engines and therefore cannot be held responsible for SERPs changes due to algorithm modifications by any Search Engine.

Press releases and references

1. Web Daily will not make any press release or offer any customer reference in relation to the Service without The Client's prior written consent, which may be withheld, or granted on such conditions, as The Client determines unless:.
   1. The Client has breached the Terms Of Service or Acceptable Use Policy in any way at which time the Web Daily reserves the right to publish the details of, and restricted to that breach. The details may include the the Name of The Client and/or the Stakeholders.
   2. In providing any requested customer reference, The Client may not disclose information regarding the Products and Services and Web Daily/s performance under any agreement with The Client or it’s Affiliates without the Web Daily written consent, which may be withheld, or granted on such conditions, as Web Daily determines, but may not disclose information regarding Web Daily/s charges.

Acceptable Use Policy

Unacceptable Website Content

1. Users may not use Web Daily's network, servers or systems in order to transmit, distribute or store material, or in any other manner
   
   1. in violation of any applicable law,
   2. in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or the privacy, publicity or other personal rights of others, or
   3. that is obscene, threatening, abusive or hateful.
2. Pornography and sex-related merchandising and content are prohibited on all servers. This may include content with sexual inferences or links to adult content on other sites.
3. Any site which sells or promotes Bulk Email services is not permitted.
4. Other examples of unacceptable content or links are:
   
   1. Pirated software
   2. Hackers programs or archives
   3. Warez Sites
   4. Irc Bots
   5. Media Files, e.g. mp3, mpeg, wav, ogg, quicktime. (Exemption: files for which you own the copyright, or have express permission of the copyright owner, or are in the public domain, or which have been obtained under a copyleft license such as Creative Commons or GFDL. 

Server Abuse and other Harmful and Illegal Internet Activities

Any attempts to undermine or cause harm to a Web Daily server or any other server on the Internet is strictly prohibited. This includes but is not limited to, using our services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mailbombing, hacking or other unauthorised access and attempts to penetrate Web Daily’s or other users’ security systems, or engaging in denial of service attacks. It is also not permitted for any user to engage in activities with the intention of disrupting or interfering with, or that results in the disruption of or interference with, the ability of others to effectively use our services. 

CGI Scripts

You are free to use any CGI scripts provided with your account or to add any additional scripts you require. However, any CGI scripts deemed to be adversely affecting the server performance or the network integrity may be shut down without prior notice. For the purpose of this clause, "CGI script" includes any script which processes on the server regardless of scripting language. CGI script sharing with domains not hosted by Web Daily is not permitted. 

Background Running Programs

Background daemons in general are prohibited. 

Unsolicited Commercial Electronic Messages (Spam)

1. Web Daily's servers may not be the source, intermediary, or destination address involved in the transmission of spam (unsolicited commercial email), flames, or mail bombs. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above.
2. We consider spam to be any unsolicited commercial message in the mediums of:
   
   1. Newsgroups (including Usenet, Google Groups, Yahoo Groups)
   2. Email
   3. Instant Messaging (including but not limited to ICQ, MSN, AIM, Yahoo messenger, Skype, Jabber)
   4. SMS and MMS Messaging (text and image-based mobile phone messaging)
   5. Comment Spam (off-topic comments on blogs or web forums which link to a website)
   6. Any similar communication technologies which may emerge.
3. If you are found to have spammed, then we may immediately, without warning, disable your service. We also reserve the right to refuse or terminate service to known spammers.
4. You are permitted to operate bulk mailing lists so long as they use an opt-in process with a clear audit trail and so long as un-subscription requests are honored promptly.
5. The Department of Internal Affairs enforces the Unsolicited Electronic Messages Act 2007. Businesses and individuals are able to lay complaints about spam with the ‘Anti-Spam Compliance Unit’. The Department may investigate these complaints and take the appropriate action. Please see http://www.antispam.govt.nz/ for further details on laying a complaint. 

Intellectual Property and Copyright Violation

1. You must not reproduce, distribute, copy, download, transmit or otherwise exploit any content which infringes any third party intellectual property rights or similar right unless you own or control the relevant rights or have obtained all the requisite licenses and approvals.
2. If a copyright owner believes that there has been a violation of his/her copyright on a website that is hosted by Web Daily, and the copyright owner wants Web Daily to remove the website or disable the material in question, Web Daily may remove the offending material if it is satisfied of the legitimacy of the request on receipt of a Notice of Infringement acceptable to us.
3. If Web Daily deletes or prevents access to a user’s material we know or have reason to believe infringes copyright, we will give notice to the user that the material has been removed or blocked. 

Defamation

1. You must not publish words or images which in our opinion are defamatory or likely to be defamatory of any other person or business.
2. If a person wishes to make a complaint regarding defamatory content published on a website that is hosted by Web Daily, and the complainant wants Web Daily to remove the website or offending content, Web Daily may remove the offending material if it is satisfied of the legitimacy of the request.
3. If Web Daily deletes or prevents access to a user’s material we know or have reason to believe is defamatory, we will give notice to the user that the material has been removed or blocked.
4. Web Daily does not monitor its clients' websites or activities to determine whether they are in compliance with this policy. However, if Web Daily becomes aware of any violation of this policy it may take any action to stop or correct such violation, including but not limited to, shutting down a website, denying access to services, and removing material. In the event of a violation of this policy, no refund of service fees will be applicable and Web Daily will not be liable for any damages, costs, harm or loss suffered as a result of its actions in enforcing this policy.
5. Web Daily reserves the right in its sole and absolute discretion to determine what violates this Acceptable Use Policy.

Web Daily may vary this Acceptable Use Policy at any time by general notice on www.webdaily.co.nz/terms.aspx and changes will become effective upon publication.

This policy was last updated on September 1 2015.