general

The terms of the business set out below are designed to provide certainty to both hairyLemon Digital Limited trading as hairyLemon Digital (“the Company”) and you (“the Client”) to avoid any misunderstanding.

Please carefully read through these terms of business and seek clarification if you are unclear on any points. These terms shall prevail over any other and apply to the provision of all services.

Agreements

  • Estimates and quotes are valid for 90 days from the date provided.

  • hairyLemon will make commercially reasonable efforts to perform the services described in the proposal document.

  • If an expedited project timeline is requested during the project, urgent rates may apply.

  • Project delays caused by the Client or external factors beyond hairyLemon's control may result in extended delivery timelines.

  • Support work requested by the Client will be charged at our standard hourly rate, unless urgent, then urgent rates may apply.

Scope

  • The scope of work is outlined in the proposal document. Anything not specified is considered out of scope.

  • Additional elements can be added to the project with separate quotes and agreement from both parties.

  • The scope and estimate will not be adjusted without prior discussion and consent from the Client.

  • hairyLemon assumes that all relevant information necessary for the project has been provided. If undisclosed information impacts the project requirements, hairyLemon reserves the right to modify them.

Prices

  • All prices are in New Zealand dollars and exclude GST unless stated otherwise.

  • Agreed rates for retainers, ongoing services, software and licenses may be subject to occasional increases due to a change in rates, price changes from suppliers and changes in the exchange rate.

  • Additional charges not included in the proposal document, such as font licenses, will be discussed separately with options provided to the Client.

Payment

  • All fees are due on the 20th of the month following and will be billed based on project progress unless otherwise agreed.

  • Invoices paid by credit card will incur a transaction fee of 2.7% + 30c per transaction.

  • Late payment fees of 10% will be charged monthly on outstanding amounts unless discussed prior.

  • If you have signed up to a payment plan, the terms of that payment plan are to be adhered to over our general late payment fees.

  • Ad hoc support outside the project scope will be charged based on time and materials at the current hourly rate, with urgent work incurring the urgent rate if required within 48business hours or outside of the usual work hours of 9am-5pm.

  • If payments are missed without an agreement in writing between hairyLemon and the Client, we reserve the right to cancel all service effective immediately.

Cancellation

  • The Client cannot cancel a contract after an order has been accepted. For ongoing work, a 30-day cancellation notice is required, after which the relationship will cease. hairyLemon will not be responsible for storing any data, accounts, website backups, or files on behalf of the Client. If the Client no longer requires the project, hairyLemon will invoice the remaining amount and then close the job. Any new work will need to be quoted and agreed and treated as a fresh project.

  • hairyLemon reserves the right to terminate a project if it remains stagnant for 6 months, unless otherwise agreed. In such cases, the project will be invoiced in its entirety (excluding recurring work).

  • The agreed budget cannot be redeployed to alternative activities if the original project is no longer required.

Warranty

  • We provide a warranty period of 3 months following project completion to fix workmanship defects. This excludes bugs or issues caused by changes made by the Client and any unforeseen impacts beyond hairyLemon's control, such as changes by third parties or undisclosed information from the Client.

Liability

  • The Company shall not be liable for indirect, incidental, special, or consequential damages, including loss of profits or business interruption, arising from this Agreement.

Ownership

  • The Client shall own all work developed by hairyLemon under this agreement (once paid for in full). hairyLemon retains all working files, IP, tools, and methodologies used to implement the project.

  • All concepts not selected as part of the final product are owned by hairyLemon.

Confidentiality

  • Both parties acknowledge the possibility of receiving confidential or proprietary technical and business information. Each party agrees to maintain strict confidentiality and not disclose or use the confidential information except as necessary to fulfil their obligations under the Agreement.

  • hairyLemon can use any work for portfolio and case studies, including results, testimonials, processes, concepts, and final results.

Security and privacy

  • hairyLemon may make recommendations for best practices in security and privacy. Regardless of whether this is adopted by the Client or not, hairyLemon will not be liable for any security breaches or privacy risks. Ultimate accountability for security and privacy will be held by the Client.