TERMS AND CONDITIONS

Digital Mail and its affiliates provide their services to you subject to the following conditions. If you accept the finished work or services, you accept these conditions. Please read them carefully. In addition, when you use any current or future Digital Mail service or visit or purchase from any business affiliated with Digital Mail whether or not included in the Digital Mail Web site, you also will be subject to the guidelines and conditions applicable to such service or business.

ELECTRONIC COMMUNICATIONS

When you visit Digital Mail website or send e-mails to Digital Mail, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on our site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on a job designed by Digital Mail, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Digital Mail or its content suppliers and protected by international copyright laws. Digital Mail owns the copyright of any designs, scripts, cgi applications or software written by Digital Mail until fully paid by the client. All copyright for work made on order gets transferred to the client upon full payment for the work.

COPYRIGHT COMPLAINTS

Digital Mail and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, email us with your complaint.

PRODUCT AGREEMENT

Digital Mail tries its utmost to provide products without any errors. We cannot accept any responsibility for any losses due to product malfunction, the website or any part of it. Digital Mail does not accept liability for any damage caused by negligent use of Digital Mail products.

Digital Mail will make sure the product works satisfactorily on Internet explorer versions 6 and 7 as well as Mozilla Firefox. No guarantees can be offered on other browser software unless specifically requested.

Digital Mail offers the customer the chance to review the product during the design stages via the use of a prototype design. The customer is allowed up to three revisions of the prototype design unless otherwise stated. Once the customer has accepted the prototype, written verification will be required to confirm that the design is the design, which is to be purchased. Once this agreement is made non payment will stand as a breach of contract. The customer will also be allowed to review the finished product and suggest minor alterations (textual changes, small image alterations, small colour alterations or alterations that will not take any more than 10% of the scheduled hours planned to produce the product). The product will be deemed accepted unless the customer contacts Digital Mail within 7 days from the date the product is made available to them.

Digital Mail will endeavour to complete a product/service by the date stated or within 4 weeks if there is no date stated. However Digital Mail cannot be liable for any delays that occur that could not be reasonably foreseeable at the time the work was originally undertaken. Digital Mail requires all agreed content and images from the customer prior to the work commencement date or by the date agreed. Digital Mail is not responsible for the correctness of supplied material. Supplied material should be checked prior to sending. A delay in receiving material (text/images/etc) from the client may incur a delay in the project, possibly affecting the launch date

Digital Mail will not be held liable for any costs, loss of earnings, compensation if a deadline is not met. Digital Mail will not be held responsible for any alterations made post hand over of the project to the customer/client.

PAYMENT:

Digital Mail shall undertake no work until a minimum of 25% of the total invoiced sum is received by Digital Mail and cleared confirmation is confirmed by a designated bank as determined by Digital Mail. It is the discretion of Digital Mail whether they shall undertake such work without a 25% deposit. The remaining 75% of the total remaining sum shall be payable within 7 days of invoice. In the event of a project spanning over the period of 6 weeks or more, a partial progress payment will be required each month for any work done up to date. The invoice will be via email unless the customer/client specifically states they require a hard copy.

Digital Mail prices do not cover the release of source files. The customer must obtain a separate quote for such items.

PAYMENT FAILURE

A further charge of 4% per month of the outstanding payment will be charged until payment is received along with the product and all materials being removed from the servers. Digital Mail will not be held responsible for any losses related to removing the product from the servers. Customers agree that any payment failures will result in them taking on board expenses such as legal expenses including third parties sent to collect.

TERMINATION

Termination requests will be accepted if received in writing with the customer's signature. No other requests other than in writing with the customer's signature will be accepted. The customer will be invoiced for services up until the date the termination request was first received.

DESIGN CREDIT

A discrete link to Digital Mail website will appear at the bottom of each page of any website designed by Digital Mail.

WEBSITE RANKING

Digital Mail cannot guarantee designed websites will rank highly in search engines. Although Digital Mail will endeavour to build sites to be friendly towards search engines, the ranking itself is ultimately out of Digital Mail’ control.

LIABILITY & FUNCTIONALITY

Digital Mail cannot warrant the Digital Mail products, services, servers and any other means of electronic communication will not be subject to technical difficulties or malicious attacks. Digital Mail will not be liable for any damages of any kind arising from using Digital Mail product, including but not limited to direct, indirect, incidental, punitive, and consequential damages. Digital Mail will not be liable for any damages incurred by malicious activity towards or by using its products or services. Digital Mail will not be liable for any financial frauds that may be incurred by using its products or services.

RISK OF LOSS

All items purchased from Digital Mail are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

APPLICABLE LAW

By visiting Digital Mail websites, you agree that the laws of Digital Mail, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Digital Mail or its affiliates. Any disputes would be subject to New Zealand jurisdiction.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, posted on our website site. These policies also govern your visit to Digital Mail website. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.