Terms & Conditions for Web Sites Designed and/or Built by OpenBox
Where the Customer instructs OpenBox to design and/or build their web site, the following terms & conditions apply
- Customer is to supply OpenBox with any material, copy, images, logos or other content in one delivery package (email, zipped file, CD, flash drive) only
- Unless specifically instructed, OpenBox designers will design and build the web site using their own creative direction. This includes templates, placement of images on pages, logo placement, navigation items, page structure, form fields and any other design and/or build elements
- Customers must specifically instruct any design and/or build elements prior to the design/build process commencing
- OpenBox has the right to refuse to implement any design or requests where the client request is deemed unnecessarily complex, against web best practices or simply inappropriate
- Customers get 1 chance to review content and design. A revision must be made by email specifically instructing any design and/or build changes
- Any changes that fall outside of these parameters are charged at $120/hr payable in advance by PayPal or bank electronic deposit
- For regular site builds face-to-face meetings are not generally required. Face-to-face meetings with OpenBox staff are chargeable at $120/hour
- All sales are final. Refunds will be provided at the discretion of OpenBox
General Terms & Conditions
OpenBox Ltd will not monitor, edit, or disclose the contents of a user's website unless obliged to do so by law or if such action is necessary to: (i) protect and defend the rights or property of OpenBox Ltd; or (ii) fix or debug problems with the OpenBox software/service.
2. DISCLAIMER OF WARRANTIES
AS USER OF THE SERVICE YOU AGREE THAT USE OF THE SERVICE IS AT USERS SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
OPENBOX LTD DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
OPENBOX LTD MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. NOR DOES MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
YOU UNDERSTAND THAT ANY MATERIAL / DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
NO ADVICE OR INFORMATION, EITHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OPENBOX LTD SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
3. LIMITATION OF LIABILITY, INDEMNIFICATION
OPENBOX LTD SHALL NOT BE LIABLE FOR:
(i) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE
(ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSS OF PROFITS
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE
4. OPENBOX LTD PROPRIETARY RIGHTS
Users agree that OpenBox as a service and software contain proprietary and confidential information that is protected by applicable intellectual property, trademark and other laws. Except if expressly authorized by OpenBox Ltd, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the OpenBox service and software in whole or in part.
OpenBox is a trademark of OpenBox Ltd, Inc. All other mentioned trademarks are owned by their respective owners
All prices stated are exclusive of GST for New Zealand based companies. All international customers are GST exempt.