TERMS AND CONDITIONS

All Services

The following terms and conditions apply to all Website Design, Website Development, Web Hosting, Domain Name Registration, Photography, Social Media Management(SMM), Search Engine Optimization(SEO), Graphic Design, and Prints services provided by HEDWIGweb to the Client.
These Terms and Conditions are subject to change without notice. As much as possible We will do Our best to update these Terms and Conditions on this website.

“HEDWIGweb,” or “I” or “We” “Our” refers to HEDWIGweb.

Right to Service

HEDWIGweb reserves the right to refuse service, especially if the requests are not aligned with our Christian business ethics, or are outside of the general scope and design style of HEDWIGweb.
HEDWIGweb does not design websites or provide services to businesses like Alcoholic drinks, Drugs, Abortion, Pornography, Firearms, Tobacco/Cigarettes/Vape, or Fortune tellers.

Prohibited Content: We do not permit the upload, sharing, or distribution of photos, videos, or other content that promotes or represents evil, including but not limited to content that is violent, hateful, or intended to incite harm or fear. Any such content will be removed from our system, and accounts associated with such activities may be subject to suspension or termination.

WEBSITE DESIGN SERVICE AGREEMENT

  1. Project details
  • The Client must supply the Project specification/details to HEDWIGweb in order for HEDWIGweb to issue an accurate quotation.
  • HEDWIGweb will provide a questionnaire form link. The Client should provide as many details as possible.
  • If the Client needs further assistance in completing the form, HEDWIGweb is willing to assist the Client.

2. Quotation

  • Quotations are valid for 15(fifteen) working days from the date on the Quotation document is made unless otherwise changes stated by HEDWIGweb.
  • The Client should read carefully what are the services included in the quotation. If the Client needs more assistance, HEDWIGweb is willing to assist.

3. Acknowledgment

  • When Client signing the HEDWIGweb quotation, the Client acknowledges that they have read and accepted these Terms and Conditions.

4. Contract Agreement

  • After the Client signed the quotation and sent it back to HEDWIGweb, HEDWIGweb will send the Website Design Contract and Invoice to the Client stating the scope of the project services, description and timeline and etc.
  • All HEDWIGweb services are 50% upfront of the total amount.
  • Products and or Services as described in the Quotation or in the Contract Agreement and services will only commence once the Client’s deposit has been confirmed as received by HEDWGIweb.
  • An Invoice Receipt Statement will be issued to the Client as confirmation of the payment.
  • HEDWIGweb immediately commits to working to complete the products/services and deliver in a timely manner as stated in the Contract Agreement.
  • As HEDWIGweb committed the web design phase processes, the Client’s cooperation is highly important. HEDWIGweb will keep in touch with the Client to ask Client reviews.
  • HEDWIGweb cannot be held responsible for delays outside of their control, including but not limited to equipment failure, Third Party Hosting Services, and internet connections.

5. Deposit refund

  • Website Design projects require extensive resources, consume our time and incurs internal expenses. Therefore, deposit(s) are non-refundable and non-negotiable. If a project gets canceled, delayed, or postponed by the Client, then all monies paid will be retained by HEDWIGweb and if applicable, an additional cost will be charged to the Client for all work completed beyond what was already paid for.

6. Web Browsers

  • HEDWIGweb makes every effort to ensure websites are designed to be viewed by the majority of the online visitors. HEDWIGweb websites are designed to work with the most popular internet browsers like Google Chrome, Firefox, Safari, Microsoft Edge and etc. The Client agrees that HEDWIGweb cannot guarantee proper functionality with all browser software across different operating systems and outdated browser versions may interfere with website display.
  • HEDWIGweb cannot accept responsibility for web pages that do not display acceptably in new versions of browsers released after the website has been designed and handed over to the Client. As such, HEDWIGweb reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

7. Website Contents

  • Unless otherwise stated in Quotation or in Web Design Contract, the Client shall provide all content on every page of the website design project.
  • Written content or text must be supplied in digital formats such as MS Word, Google docs., PDF, or Notepad text. Acceptable file extensions(.doc, .docx, gdoc, .pdf, .txt)
  • The Client should provide the kind of Font to use if he/she has very specific to use, but keep in mind that HEDWIGweb may have to alter font when needed to achieve compatibility of internet browsers and devices.
  • All Photo and other Graphics Images, the Client must provide to HEDWIGweb best quality images files in digital format(.jpeg, .jpg, .png). Pixels for image files should not be less than 1500 and 2500 pixels in wide.

8. Intellectual Property and Copyright

  • The client guarantees all elements he/she/they provided to HEDWIGweb such as text, graphics, images, photos, logo, icons, videos, data compilation, designs, trademarks, or other artwork for inclusion on the website are owned by the Client, or that the Client has received permission from the rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend HEDWIGweb and its subcontractors from any liability or suit arising from the use of such elements.

9. Final Payment

  • The Client must pay the remaining 50% of the total amount within 3 working days before the launching date of the finished website design project.
  • All work remains the property of HEDWIGweb until the full and final payment is received.
  • All fees are non-refundable and non-negotiable.
  • All payments shall be made in NZD (New Zealand Dollar) through online transfer/bank deposit or via Paypal.

10. Website Launch

  • Launching of the Client’s website is conditional to the Terms and Conditions in 9 (above).
  • The Client will be notified when the website is launched, and then the Client will have 3 (three) working days to report any faults or request minor changes, in writing email or messenger.
  • If HEDWIGweb does not receive a response within 3 (three) working days via email or messenger, the Client’s website is considered final and complete. Therefore HEDWIGweb takes no responsibility for website content errors hereafter.
  • HEDWIGweb will turn over all confidential details to the Client like WordPress account and other accounts/s that are included in the service package.
  • Please note that any further adjustments or amendments after this date will be at an additional cost. Refer below Additional Work.

11. Additional Work

  • Additional work after the completion date of the agreement of the web design project will be quoted and billed accordingly.

12. Website Maintenance Services Agreement

  • If the Client agrees for Website Maintenance Services. The Client and HEDWIGweb will sign a separate contract “Website Maintenance Services Contract Agreement” that will state the scope of services as follows: Technical support on Skype or email, Domain and Hosting renewal, Updates of Widget Plug-ins and Theme, Backup files, Regular Website Scan, Bug fixes, Updates text, images, and other minor changes, Uptime monitoring and speed verification, Website speed, security, and performance.
  • HEDWIGweb will generate a monthly report about these tasks and send it to the Client at the end of each month.
  • The billing schedule will be stated in the contract.
  • All payments shall be made in NZD (New Zealand Dollar) through online transfer/bank deposit or via Paypal.
  • The client agrees to provide a minimum of 30 days of advanced, written/email notice before canceling the contract.

13. Website on hold and subject to claim.

  • When the Client fails to pay the invoice balance HEDWIGweb will NOT launch the website. We will hold the client’s website and it will be subject to claim within 3 working days.
  • If the client did not claim the website within 3 working days it will be subject to penalty. It means that the client will pay a $150 penalty to claim the website within 5 working days.
  • If the client fails to do so, HEDWIGweb will abandon the website and all other services that are included in the web design project.
  • The client is obligated to pay the remaining invoice balance and all expenses that have been implemented by HEDWIGweb for designing the client’s website within 20 working days from the date of the invoice issued.

Web Hosting Service Agreement

These terms and conditions apply to our Web Hosting Services to all our valued clients. 

These terms are a condition of your use of our services that You understand the terms and conditions before purchasing our Hosting service.

Web Hosting Plan
HEDWIGweb offers different types of hosting packages. We recommend a package to our client, but it’s up to the client to decide which package he/she will purchase. To start with our hosting services, the client should purchase one of our hosting packages and agrees to our terms and conditions. He/She should complete the process of purchasing the package. Each Web Hosting plan comes at a different cost and level of services to name a few like the following:

  • Disk Space
  • Bandwidth
  • Number of Emails
  • Number of Subdomain
  • Addon domain.

HEDWIGweb Responsibilities
to provide you hosting service in a timely and professional manner
to assist and answer your question with the best knowledge that we have.
to bill you correctly for the hosting service you purchase to us
to make sure the system is up to date and running

Client or Customer Responsibilities
to provide your correct contact details
to provide and update your billing information
to pay your invoices and not fall to overdue
to keep safe your details such as username and password
to back-up your files and emails

We strictly DO NOT Host domain, website, and contents with the following:
With a dirty or profanity domain name
A website that contents anything obscene, pornographic, or offensive text and languages including links to such material(please refer to the above Right to Service).
A website that infringes Intellectual Property of others without the right to use such as copyright, trademark, registered, and etc.

Billing, Invoicing & Payment Method
To avoid service disruption, autorenewal of annual billing for your hosting plan is applicable.
We will send you advanced automated email reminders with an invoice for the billing cycle. 
Currently, our payment method is through Paypal and Mail Payment(Online Bank Transfer).

If you choose Paypal as your payment method means that in your next billing cycle you will be billed in your Paypal Account. Make sure that your Paypal has enough balance or your debit or credit card is linked to your Paypal for a hassle-free transaction. 
Mail Payment option this means that you have to online transfer your exact payment to our bank account. Once your payment successfully verified then we will approve your hosting order.

Invoice Generation: Invoice will be generated 30 days before the due payment date.

Invoice Unpaid Reminder: We will send Invoice Unpaide Reminder within 7 days before the invoice due date to make sure clients will not missed due date and avoid late fees.
-> First Overdue Reminder: will be sent 1 day after the invoice due date.
-> Second Overdue Reminder: will be sent 2 days after the invoice due date.
-> Third Overdue Reminder: will be sent 2 days after the invoice due date.

Credit Card Payment Capture: We will attempt to capture the payment 7 days before the due payment date.

Refund and Cancellation Policy
Our hosting packages are non-refundable and non-negotiable. The web hosting account is set up at the time of order, are allotted a limited amount of server resources depending on the plan you purchase,  and bill automatically from the time you register with us. 

HEDWIGweb has the right to cancel your hosting order package if we didn’t receive your Mail Payment(online transfer) after the 5 days grace period.
You may cancel the hosting by writing/emailing us and state the reason why you want to cancel your hosting account with us.

Hosting Suspension and Termination
HEDWIGweb may monitor your account to determine whether you and all users are complying with these terms and conditions agreement.

We reserve the right to suspend or terminate your account with or without notice, if:
we identify that you or a user of your account committed a breach of this agreement.
we identify that your use of our hosting service may be in breach of any law.
we believe that your use of our hosting services may compromise or have a harmful effect on our systems or networks, or the Service Provider’s systems or networks.
Termination due to policy violations will not be refunded.

Suspend Days: In the event of failed payment or non-payment of client web hosting account, we will wait for 10 days after due date before suspending the account. We will contact you to inform you to settle the payment.

Termination Days: We will wait 30 days after the due payment date before terminating the account. Terminated account means that your website is inaccessible and all the data will be deleted.

Upon mutual agreement in email/writing of HEDWIGweb and Client. The client may cancel their web hosting account by providing us a written/email notice of cancellation at least 60 days prior to the end of Term renewal date. Should the Client cancel part way through a fixed-term any amounts paid in advance for the hosting services will not be refunded.

If the Client failed to give notice for cancellation and the invoice has already been generated, Client must settle the invoice as we already renewed the services from our supplier to avoid service interruptions.

Domain Name Registration Service Agreement

Domain Name Registration
HEDWIGweb can register a domain name on behalf of the Client. This could be part of a package service.
Domain registration normally expires for 12 months. 
If we will be the one to register the domain name, the Client should make sure that the spelling is correct and specifically clarify the Top-Level Domain to be used.

Refund and Cancellation
Once the domain is registered we do not refund because we have to pay in our end to the Registrar by the time we successfully registered a domain name.
If you wish to cancel your domain, you immediately terminate your registration.

Domain Renewal
For hassle-free transactions set your domain name to automatic renew. 

We send an automatic email reminder with the invoice to help you keep track of your due date.

SEARCH ENGINE OPTIMIZATION (SEO) SERVICE AGREEMENT

On-Page Optimization
HEDWIGweb will modify/edit/add META tags, Page titles, Alt text, HTML codes, and other on-page factors of Client’s website to make it relevant to Search Engines like (Google, Bing, and Yahoo) for targeted keywords.

SEO Analysis
HEDWIGweb will continuously monitor the effectiveness of our SEO service campaign and will send you a monthly report like traffic and ranking reports of your website.

Payment
All fees are non-refundable.

  • The fee must be received prior to the start of the SEO services provided. All payments shall be made in NZD (New Zealand Dollar) through online transfer/bank deposit or via Paypal.

SEO Subscription 3 Months Minimum
SEO takes time! In most cases, it takes 6 months to see real results.

  • The Client agrees to continue the HEDWIGweb SEO service for a minimum of 3 months before canceling a contract.

30 Day Cancellation Notice
The client agrees to provide a minimum of 30 days of advanced, written/email notice before canceling the contract.

  • A contract may end prematurely if there is a breach of contract by either party and either party decides to cancel it.
  • The contract can also be ended by mutual agreement of the parties involved in contract or when it becomes impossible to carry out the obligations specified in the contract like due to man-made calamities (riots, acts of terrorism, war, etc.) or natural calamities (like a flood, hurricane, earthquake, volcanic eruptions, etc.)

LOGO DESIGN SERVICE AGREEMENT

  • HEDWIGweb will give a questionnaire or form to the Client to establish a clear design brief.
  • HEDWIGweb will create a contract stating the Logo design package and timeline.
  • The Logo design remains the property of HEDWIGweb until the full and final payment is received.
  • Once the payment is verified, HEDWIGweb will deliver the final logo design to the Client via email.

PHOTOGRAPHY SERVICES AGREEMENT

These Terms and Conditions (“Agreement”) constitute a legally binding agreement between the client (“Client”) and HEDWIGweb (“Photographers”) for the provision of photography services. By engaging the services of HEDWIGweb, the Client agrees to be bound by these terms and conditions.

  1. Services Provided:
    1 HEDWIGweb agrees to provide professional photography services as agreed upon, including but not limited to event coverage, portrait sessions, product photography, family photography and other related services.
    1.2 The specific details of the services, including date, time, location, and duration, will be agreed upon by both parties in writing (e.g., via email or contract).
  2. Fees and Payments:
    1 The Client agrees to pay HEDWIGweb Photographers the agreed-upon fee for the services provided.
    2.2 Proper invoice will be generated and send to the Client via email.
    2.3 A non-refundable retainer fee or deposit may be required by the Photographer to secure the booking. The remaining balance shall be paid by the Client before or on the day of the event or service unless otherwise stated.
    2.4 Late payments may be subject to additional charges or penalties as specified by HEDWIGweb.
  3. Copyright and Usage:
    1 HEDWIGweb retains the copyright and ownership of ALL images captured during the photography services, including but not limited to digital files, prints, and negatives.
    3.2 HEDWIGweb grants the Client a non-exclusive, non-transferable license to use the images for personal, non-commercial purposes. The Client may print, share, and display the images for personal use, excluding any commercial exploitation.
    3.3 The Client must obtain written permission from HEDWIGweb and provide appropriate credit when using the images for any commercial purpose, including but not limited to advertising, marketing, or publication either online or offline.
  4. Image Delivery and Editing:
    1 HEDWIGweb will provide the Client with a selection of edited images, chosen at the Photographer’s discretion, within an agreed-upon timeframe.
    4.2 HEDWIGweb reserves the right to edit and retouch the images as they see fit, including adjustments to colour, exposure, cropping, and other necessary modifications.
    4.3 HEDWIGweb is not responsible for providing RAW or unedited images to the Client.
  5. Client Cooperation:
    1 The Client acknowledges that cooperation and punctuality are essential to achieving the desired results. The Client agrees to provide necessary information, assistance, and access to subjects or venues to enable HEDWIGweb Photographers to provide the services effectively.
    5.2 HEDWIGweb is not liable for any limitations or restrictions imposed by event organizers, venues, or individuals that may affect the quality or coverage of the photography services.
  6. Cancellations and Rescheduling:
    1 In the event of cancellation or rescheduling by the Client, the retainer fee or deposit is non-refundable.
    6.2 HEDWIGweb reserves the right to cancel or reschedule the services due to circumstances beyond their control (e.g., illness, equipment failure, natural disasters). In such cases, HEDWIGweb will make reasonable efforts to provide an alternative arrangement or issue a refund.
  7. Liability:
    1 HEDWIGweb will take reasonable care in capturing and processing the images. However, in the event of unforeseen circumstances or technical failures (including but not limited to lost, stolen, or destroyed equipment and or images) within or beyond The Photographer’s control, HEDWIGweb Photographer’s liability is limited to a refund of the fees paid.
    7.2 The Client acknowledges that photography may involve certain risks and releases HEDWIGweb Photographers from any liability for accidents, injuries, or damages to persons or property that may occur during the provision of services.
  8. Confidentiality:
    1 HEDWIGweb acknowledges that during the provision of services, they may have access to confidential or sensitive information about the Client. HEDWIGweb agrees to treat such information as confidential and not disclose it to any third party without the Client’s prior written consent.
  9. Indemnification:
    1 The Client agrees to indemnify and hold HEDWIGweb Photographers harmless from any claims, damages, liabilities, costs, and expenses (including reasonable attorney fees) arising out of or in connection with the Client’s use of the images or any breach of this Agreement.
    9.2 The Client acknowledges that they are responsible for obtaining any necessary permissions, releases, or licenses for the use of any copyrighted materials or subjects in the images captured during the photography services.
  10. Image Lifespan & Storage of Digital Photographic Works:
    Image Lifespan:
    1 HEDWIGweb Photographers strives to provide high-quality images that are meant to be enjoyed and preserved for a long duration. However, the lifespan of digital photographic works may vary depending on various factors, including but not limited to storage conditions, technological advancements, and media deterioration.
    10.2 The Client acknowledges that digital files may degrade over time and the HEDWIGweb cannot be held liable for any changes or deterioration in image quality that may occur in the future.
    10.3 It is the responsibility of the Client to make copies and backup the digital files provided by HEDWIGweb to ensure their long-term preservation and accessibility.

Storage of Digital Photographic Works:
10.4 HEDWIGweb will retain a copy of the digital photographic works for a reasonable period, typically for a duration specified by HEDWIGweb. However, the HEDWIGweb does not guarantee the availability or retention of these files beyond this period.
10.5 HEDWIGweb recommends that the Client makes multiple copies of the digital files and stores them in separate physical locations or cloud-based storage services to mitigate the risk of data loss or corruption.
10.6 The Client is solely responsible for the safekeeping and storage of the digital files once delivered. HEDWIGweb shall not be held liable for any loss, damage, or corruption of the files after delivery to the Client.

Archival Services:
10.7 HEDWIGweb may offer archival services for an additional fee, which includes long-term storage and preservation of digital files for a specified duration. The terms and fees for archival services will be agreed upon separately in writing (e.g., via contract or addendum).
10.8 If the Client engages HEDWIGweb for archival services, HEDWIGweb will make reasonable efforts to maintain the integrity and accessibility of the archived files during the agreed-upon duration. However, HEDWIGweb cannot guarantee the availability of archival services indefinitely.

Format and Compatibility:
10.9 HEDWIGweb will provide the digital photographic works in a specified format agreed upon by both parties. The Client acknowledges that technology and file formats may change over time, and it is their responsibility to ensure compatibility with their devices and software.
10.11 HEDWIGweb is not responsible for providing ongoing support or conversions of digital files to new formats or platforms after the delivery of the final images, unless explicitly agreed upon in a separate arrangement.

  1. Governing Law and Jurisdiction:
    1 This Agreement shall be governed by and construed in accordance with the laws of New Zealand Law. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of New Zealand.

Last date updated: March 2023