THE FOLLOWING TERMS constitute an agreement (the “Agreement”) between you as the (“User”/”Client”) and Designerbloom Ltd, (“we”, “us”) and contain the terms and conditions that apply to your access and use to The Services provided by Us.

GENERAL

Please read the below terms carefully. By engaging Designerbloom Ltd, you agree to our Terms and Conditions. The Terms and Conditions herein will be valid and binding once a project is confirmed, and will continue to be valid and binding until both the Client and Designerbloom Ltd agree in writing, that services of Designerbloom Ltd are no longer required. The below conditions will apply to all individuals, businesses or companies (“Client”) who engages the services of Designerbloom Ltd, its contractors or sub contractors unless otherwise agreed in writing by both parties. 

PROPOSAL

Quotations for Services with Designerbloom Ltd are generated on the basis of the brief provided by the Client and expected time investment by Designerbloom Ltd, and may change if additional work is required. Quotes provided are valid for thirty (30) business days, whereby following the expiry such date, Designerbloom Ltd reserves the right to amend prices. No quoted service delivery dates are guaranteed, and can vary.                                                   

BOOKINGS

All bookings for services with Designerbloom Ltd are only confirmed when the Client pays a 50% non-refundable deposit fee. This is non-refundable for it is used to confirm a spot in Designerbloom Ltd’s schedule. Once the deposit is received, an email will be sent to the Client to confirm and make arrangements for the commencement of the project. The final 50% will be payable upon project completion, or on the scheduled date of completion as agreed between Designerbloom Ltd and the Client (whichever date happens first) to ensure our project aligns with our timeline. 

COMMENCEMENT AND TERMINATION

This agreement shall begin when the client accepts a quote, signs this agreement and pays the corresponding deposit invoice for a Designerbloom Ltd service and shall continue until all services are complete and delivered, or until the agreement is terminated. Either party may terminate this agreement at any time, on written notice to the other party, if the other party ceases to conduct business in its normal course; makes an assignment for the benefit of creditors; is liquidated or otherwise dissolved; becomes insolvent; files a petition in bankruptcy; or a receiver, trustee, or custodian is appointed for it. In the event of termination, client shall pay Designerbloom Ltd for all services performed through the date of termination in the amount of a prorated portion of the fees due. For clarity purposes halfway (50% of a project) would be the website has all pages created, placeholder (or singed off images) are in, content is added.

DELAYS

Client shall use all reasonable efforts to provide needed information, materials and approvals. Any delay by client will result in a day-for-day extension of the due date for all deliverables. Any delay caused to conditions beyond the reasonable control of the parties shall not be considered a breach and will result in a day-for-day extension any performance due. Each party shall use reasonable efforts to notify the other party, in writing, of a delay. Conditions beyond the reasonable control of the parties include, but are not limited to, natural disasters, acts of government after the date of agreement, power failure, fire, flood, acts of god, labour disputes, riots, acts of war, terrorism and epidemics.                   

COMPENSATION

Client agrees to pay designer the fees listed in the project proposal, including all taxes. Pricing in the project proposal includes only designer fees. Any other costs, such as hosting, printing, art licensing or photography, will be billed to Client. 

TECHNOLOGICAL ADVANCEMENTS

The Client is to refer to hosting and domain name providers for queries regarding the following services: Domain names, Hosting and registration, SSL certificates, Email addresses and Email hosting. The Client is to refer to their technical support company for queries regarding the following services and their applicable Terms & Conditions: Set up of email addresses, Emails going to Spam/Junk, Email not functioning and Email Signatures. Designerbloom Ltd holds no responsibility if: (a) your email addresses are targeted with spam as it is outside of our control or (b) the Client’s email account details are obtained and used to send spam or malicious material. Designerbloom Ltd build and design websites to the best of their knowledge at the time of completion. We shall not take responsibility if the Client’s site is “hacked” or maliciously attacked in form. Designerbloom Ltd will not be held responsible and is not liable for any loss of income to arise from the Client’s web site “going down”, being hacked or otherwise. 

DESIGN

The Client agrees to allow: (a) Designerbloom Ltd to add a small credit on the Client’s website. This will be in the form of a small line of text, iconic graphic, and will be placed at the bottom of the web page; (b) Designerbloom Ltd to place its designs and work, along with a hyperlink to the Client’s site on Designerbloom Ltd’s own website for self-promotional services, unless agreed to the contrary in writing by both parties. The Client understand that Designerbloom Ltd does not take any responsibility for Trademarking of any kind and that it is the Client’s responsibility to check trade-marking laws and existing Trademarks for availability. 

For Branding, Designerbloom Ltd will provide the Client with three (3) rounds of minor refinements with no extra cost within seven (7) days of submission to the Client for review. (“Review Period”). Minor refinements include colour changes (to others mentioned as per the brief), font swapping between concepts or a minor font change (to another style as mentioned in the brief), changes to size or hierarchy, and adding or removing of a graphic element. Request for minor changes are to be made via e-mail. Designerbloom Ltd will presume that the Client has accepted the original draft with no changes, if no emails requesting changes were made within seven (7) days of the commencement of the review period. 

For Website Designs, Designerbloom Ltd will provide the Client with three (3) rounds of minor refinements with no extra cost within seven (7) days of submission to the Client for review. (“Review Period”). Minor refinements include colour changes, font changes, switching out images, textual changes, small alterations to movement of elements on the website, change of images. Minor refinements do not include adding extra pages, custom CSS, third party plugin integration, extra content uploads that were not originally covered under the original project brief. Request for minor changes are to be made via e-mail. Designerbloom Ltd will presume that the Client has accepted the original draft with no changes, if no emails requesting changes were made within seven (7) days of the commencement of the review period. 

CHANGES TO PROJECT SCOPE

If client wants to change the scope of work after acceptance of this agreement, client shall send designer a written change order (detailed, in one email) describing the requested changes in detail. Within ten (10) days of receiving a change order, designer will respond with a statement proposing designers availability, additional fees, changes to delivery dates, and any modification to the terms and conditions. Designer will evaluate each change order at its standard rate and charges. Client will be billed on a time and materials basis at Designerbloom Ltd’s hourly rate. Such charges shall be in addition to all other amount payable under this agreement, despite any maximum budget, contract price or final price identified. Designer may extend or modify any delivery schedule or deadlines in the agreement as may be required by such changes. Client will have ten (10) days to respond in writing accepting or rejecting the new proposal. If client rejects the proposal, designer will not be obligated to perform any services beyond those in the original agreement. 

If the proposal for the amended project scope from Designerbloom Ltd is rejected by the Client, Designerbloom Ltd is not obliged to perform any services beyond those in the Original Agreement. Designerbloom Ltd reserves the right to extend or modify any delivery schedule or deadlines in the agreement as may be required by such changes. 

RUSH SERVICES

If the Client requires design work expedited (outside of project scope and agreed upon time frames), Designerbloom Ltd will try to accommodate you, but please know that good design cannot be rushed. We have other clients booked in that have paid for our time and their spot in the queue and we will need to be financially compensated for working overtime.

Any requests for work to be expedited before my earliest calendar start date (defined by any project or work requiring me to work after regular business hours, weekends and/or on NZ national holidays or know vacation times) will incur an additional 20% fee of the branding and/or website package cost.

EVALUATION AND ACCEPTANCE

Client shall, within ten (10) business days after receiving each deliverable, notify Designerbloom Ltd in writing of any failure to comply with the specification of the project proposal or of any other objections, corrections or changes required. Designerbloom Ltd shall, within ten (10) business days of receiving client's notification, correct and submit a revised deliverable to client. Client shall, within fifteen (15) business days of receiving a revised deliverable, either approve the corrected version or make further changes. If after three (3) refinements or corrections by us, you as the client finds the deliverables not unsatisfactory between both parties, the client may terminate this agreement subject to the termination clauses of this agreement. If client fails to provide approval or comments during any approval period, those deliverables will be considered approved and accepted. 

CONFIDENTIAL INFORMATION

All material considered confidential by either party shall be designated as confidential. 

RELATIONSHIP OF THE PARTIES

No agency, partnership, joint venture, or employee-employer relationship is intended or created by this agreement. Neither party is authorised to act as agent or bind the other party except as expressly stated in this agreement. Designerbloom Ltd and the work product or deliverables prepared by us shall not be deemed a work for hire as defined under copyright law. All rights granted to client are contractual in nature and are expressly defined by this agreement.