Terms and Conditions

123 Online Digital Solutions Ltd Terms and Conditions of Trade

We know you're busy, so we've tried to keep our terms and conditions relevant, clear, and easy to understand. Feel free to contact us if you have any questions. The following terms & conditions are for our website packages. For our terms & conditions on custom application development, please go here.

Definitions

123 Online Digital Solutions Ltd is referred to as 123 Online, We, Us, Our

The Client is referred to as The Client, You, Your

Our Responsibilities

123 Online commits to:

Provide the client website design, development and website hosting services that perform the functions detailed under the agreed package or scope and additional functionality sections of the project information
To perform all services in a timely, professional manner
To respond to all client queries in a timely and professional manner
To provide a quote or estimate, before undertaking any additional work required to complete the website that has not been agreed on and stated in the project information
To employ our best efforts to remedy any functional issues after the website is built

Your Responsibilities

Website design is a collaborative effort. As a client, you commit to:

Promptly reply to our requests for logos, branding, images, and other information we require to complete your website
Follow our instructions relating to the formats we require this information so we can work with it effectively
Promptly respond to our requests for feedback and approval of design concepts
Ensure any employee or agent of your company dealing with us is authorised to make decisions relating to the project, on behalf of your company
Be responsible for making 123 Online fully aware of their website functionality requirements prior to commencing their project.

The client must ensure these requirements are listed in the project information under the package functionality, or quoted under the additional functionality. 123 Online will not be obligated to undertake any additional functionality requests that are not listed in the project information or scope. If additional functionality requirements come to hand after the project has commenced, and they are within the technical scope of 123 Online's ability, they will be quoted on and agreed to before work on these aspects will commence.

Website Design

Your website will be based on the template or agreed brief detailed in the project information. Any change in template or brief after the project is under way will incur an additional charge.
Included with your website package, your website concept can be revised up to two or three times if necessary, depending on the package. If any further revisions are required, these will be done on time & materials by the hour.
Once the design concept is approved, any additional design changes needed, will be done on time & materials by the hour. Any additional functionality or programming tasks will be done by the hour. Approvals can be made verbally or in writing.
Once the website has been built, the content will be loaded if included in the package. If you would like your content loaded, this will be quoted by the hour. If you want to add or edit your website content yourself, a login will be provided upon request.
A discreet 'website designed by 123 online' message will be placed in the footer of the website. We may choose to feature the website in our portfolio to showcase our work.
Your website will function correctly on all of the latest versions of the most popular web browsers provided all relevant technologies are installed. Popular browsers are Edge/Internet Explorer, Firefox/Mozilla, Chrome and Safari. Older Internet browser versions are not supported. The appearance of your site may differ slightly from browser to browser, due to the way the browsers render content. If you wish to optimise how your website displays on smart phones such as iPhones, or devices like iPads, we can do so by the hour. The back-end of your website (CMS) is guaranteed to work correctly on Firefox/Mozilla. Your website is not designed to be printed.
123 Online takes no responsibility whatsoever for issues relating to copyright infringement based on text, images or any other material provided to us, and will act on the instruction of the client. It is the client's responsibility to take reasonable steps to ensure the content they provide is not under copyright. If it is found that we have been supplied with materials under copyright and are instructed by court authority to take the content down, we will of course comply. The client will absorb all costs related to copyright infringement, including development time to comply with court requests.
If you wish to integrate any third party software with your website, 123 Online takes no responsibility whatsoever for issues relating to the suitability, functionality, or compatibility of that software with the website. You will not expect 123 Online to perform any third party software integrations as part of their service.
All photography and graphics for the website are to be supplied by the client at the client's expense. Any photography or graphics already in the template can be included free of charge.
123 Online is not responsible for obtaining listings for your website on google, or other search engines. This is a separate field from web design, called search engine optimisation (SEO). If you need help with SEO we can put you in touch with someone who can help. Your website will also not have a perfect W3 Validation coding rating - if you'd like us to improve your rating we can do so by the hour.
Due to our volume structure, we've found it most efficient and effective to work remotely with all our clients regardless of their location. The client understands and accepts that all communication with 123 Online will be of a remote nature (teleconference, screen sharing and email versus face-to-face).
Colours differ from computer to computer, based on individual visitors' colour and monitor settings. Likewise, colours may appear differently when viewed on mobile devices.
Fonts may appear differently from browser to browser, based on browser settings, computer settings, or the due to limitations of the browsers themselves.
While we allow access for certain clients to edit their core design templates, we do not officially support editing of templates by clients and therefore must charge to fix any issues caused by the client in this area.

Website Hosting

123 Online will be responsible for website hosting, to ensure the server is compatible with your Content Management System (CMS).
Included with our managed service, you will also receive Content Management Support if you need guidance or help updating your website in future. You'll receive this support free of charge for up to 30 minutes per month, and is by the hour thereafter at 135+gst per hour and billed at the beginning of the following month. This support applies to our Managed Service plan (default plan) and is not included in our Webmaster plan. Support does not cover updating your content for you unless specifically arranged for your account. Our consulting, support & content loading rates are at our standard hourly rate of 135+gst per hour. Engagements are tracked with time recording software and billed at the end of the month.
Clients on the Webmaster plan have full administrator access to their website and are able to provide this access to third parties if they so choose. We therefore cannot provide a total guarantee for your website integrity due to client administrator and third party access, also known as "other cooks in the kitchen".
Website hosting will be charged at the price quoted in the project information, paid monthly by Direct Debit, or annually in advance via bank transfer. Non payment of web design services or web hosting fees may result in the suspension of your hosting account until payment is made.
Website hosting payments will begin once the design concept is approved, and the website gets loaded on the server for coding. Payments will fall on either the 1st or 15th of the month.
If your website is not hosted with 123 Online, a separate support arrangement is initiated. The terms of this arrangement are detailed in your project proposal.
A copy of your website's front-end can be provided on request, to provide added security and peace of mind in the unlikely event that 123 Online was unable to continue hosting the website. As the CMS 'lives' on 123 Online's server and contains proprietary software and licensed products, we cannot give a copy of the CMS on request, nor can we give FTP or template access to the site.
A fair use policy is in place for disk space and bandwidth usage. 1GB disk space and 5GB bandwidth per month is considered fair use (the average site with 123 Online uses under 300MB disk space and under 1000MBs of bandwidth). Each GB of exceeded disk space usage or bandwidth usage will incur a $5 charge per month. For high bandwidth users, if you require more than an additional 5GB, each additional GB of bandwidth is reduced to $2 per GB. Disk usage is set at $5 per GB after the first free GB.
123 Online will make all reasonable efforts to ensure website loading speed and uptime is at optimum levels, but will not be held liable by the client for issues relating to server performance or website functionality.
Requests to cancel web hosting and/or domain name registration services must be made one month in advance in writing. Simply asking for a UDAI code will not cancel your hosting and domain payments. Payments will continue until written notice is received.
None of 123 Online's sites that were built prior to 2019 have SSL (Secure Socket Layer) capability unless otherwise requested by the client. SSL is an added security protocol that some websites use to guarantee that sensitive information such as credit card numbers won't be exposed over the Internet. Because we do not handle credit card details on any of our sites directly. In other words, all credit card transactions go through a third party system (like PayPal or DPS) so the credit card information is never in danger of being exposed. All websites built after 2019 come with SSL included.
Our websites are hosted on virtual private servers used by 123 Online clients only. This allows us to keep control of server load and security. If your project requires, you will have your own private server. On rare occasions we build sites that need to be able to handle extremely large volumes of traffic. Examples of such sites are highly publicised expos or ticketing websites, that require a lot of visits at one time after marketing campaigns are initiated. We have a responsibility to all our clients to keep server load to a reasonable level. However, it is the responsibility of the client to advise us when such campaigns begin so that we can advise a suitable hosting strategy for that period, ensuring stability of the website. For extremely high volume sites, during peak volume months we encourage further resources to be assigned to the hosting or the use of a Content Delivery Network (CDN) technology, which essentially caches the website in a delivery network all around the world, and across New Zealand. This dramatically reduces page load time and bandwidth required for large campaigns. This is only required in extreme circumstances where a large influx of visitors could affect website stability.
Support for your website hosting and email will be available to you during our usual working hours, Monday to Friday, 9 am to 5 pm.

Website Servicing

Website service plans are customised to suit the needs of each project. If your website is developed by a third party (i.e. another agency other than 123 Online), an initial audit will be required and additional time may be required to resolve unforeseen issues that arise during regular servicing. This is charged additionally to your service plan pricing at our standard hourly rate.

Support

Phone and Email support is at our standard hourly rate of 135+gst per hour.
Clients that host with us on our managed service receive 30 minutes of free phone and email support for their CMS (Content Management System) each month. This does not include support for editing templates.
For clients outside our managed service, support is charged per engagement at our standard hourly rate.

Additional Functionality

Additional functionality refers to modules, plugins or custom built functions that are additional to the core website CMS. Additional functionality often requires an ongoing subscription to keep it current and secure. A $10 administration fee may be charged as part of subscription renewals.

Third Party Integrations

Integrations with third party systems are covered in the project proposal or quote. We are not responsible for any changes by the third party that affect the integration or stop it from working. In an instance where an integration stops working as a result of actions by the third party or actions of the client, the cost of repairing the integration is at the expense of the client.

Email

For clients that have email systems hosted with 123 Online, we will provide up to 30 minutes of free support for the email control panel platform that is hosted with 123 Online. Support for other systems such as the client's email program (e.g. Outlook, Apple Mail), operating system or software is charged by the hour and billed at the end of each month. Because email is business critical, if our team receives a system alert that your mailboxes are full, our team may upgrade your account to keep your services running. You will be advised of the upgrade and can rollback the plan at any time.

Payment Terms

All prices are excluding GST unless otherwise stated.
Hourly rates for professional services, which include but are not limited to; IT consulting, design & development are at 135+gst p/h unless otherwise stated. Our prices are subject to change without notice.
Estimates are indicative only and are not fixed quotes. T&M (Time & Materials) is recorded by the minute at the rate of 135+gst per hour using time-tracking software to give you the most accurate pricing possible. T&M is billed per month, at the end of the month or beginning of the next month.
Before beginning your project, a 40% deposit of the package price is required. This deposit is non-refundable as it covers the initial consultation and design work.
The remaining 60% of the design package payment will be invoiced when the site is built and released to the client. This is not the launch or "go live" phase, which will occur when the client is ready to launch.
We may require a deposit before beginning work on additional items outside website packages.
Additional functionality may be invoiced as it is completed, or in a combined invoice with the package remainder.
Payment Plans incur a 45+gst administration fee.
All invoices are due 7 days from invoice date unless otherwise stated.
Our accounts team will chase unpaid invoices, on the fourth reminder a late payment fee of 22.50+gst will be added to cover administration and the time to chase late payments. Your account may be suspended until payment is received and subsequent follow-ups may incur additional late fees.
In extreme cases of continued non-payment, we reserve the right to engage our collections agency to obtain outstanding funds, and suspend the web and email hosting. In such cases, the client will pay any associated collection costs.

If you would like to view our privacy policy, please click here.

If you have an e-commerce or product catalogue website with us, please also see the Ecommerce Terms and Conditions here.