Terms and conditions
123 Online > Terms and Conditions

123 Online 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.

Definitions

123 Online 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:

  1. Provide the client website design, development and website hosting services that perform the functions detailed under the agreed package and additional functionality sections of the project information
  2. To perform all services in a timely, professional manner
  3. To respond to all client queries in a timely and professional manner
  4. 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
  5. 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:

  1. Promptly reply to our requests for logos, branding, images, and other information we require to complete your website
  2. Follow our instructions relating to the formats we require this information so we can work with it effectively
  3. Promptly respond to our requests for feedback and approval of design concepts
  4. Ensure any employee or agent of your company dealing with us is authorised to make decisions relating to the website, on behalf of your company
  5. 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. 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

  1. Your website will be based on the template detailed in the project information. Any change in template after the project is under way will incur an additional charge.
  2. Included with your website package, your website concept can be revised up to three times if necessary. If any further revisions are required, these will be done at $100 per hour.
  3. Once the design concept is approved, any additional design changes needed, will be done at $100 per hour. Any additional functionality or programming tasks will be done at $100 per hour. Approvals can be made verbally or in writing.
  4. Once the website has been built, you will be able to log in and begin to add content to the website through the Content Management System (CMS). Alternatively, if you prefer, you may provide us with your content to load for you. This will be done at $100 per hour.
  5. 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.
  6. 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 Internet Explorer, Firefox/Mozilla, Chrome and Safari. Internet Explorer versions 6 and 7 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 at $100+gst per hour. The back-end of your website (CMS) is guaranteed to work correctly on Firefox/Mozilla. Your website is not designed to be printed.
  7. 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.
  8. 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.
  9. 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.
  10. 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.
  11. Every Enterprise Package website (built from 01/07/2011) comes with drop down menu buttons. When you add a sub page in the CMS, these will appear automatically under your menu tabs. The sub-menu be stylised to your font size and colour options, but there will be no hover animation effects, even if the selected tempalte has these.
  12. 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).
  13. The website design will be based around the template selected in the project information. For information websites (versus Ecommerce) the template will be used as a starting point create the front end design only. None of the template content areas will be included in the website 123 Online produces. This includes, but not limited to search boxes, content layouts, image galleries and online forms. The content area of the template will be integrated with the 123 Online Content Management System (CMS) and function as in the video tutorials section at www.123online.co.nz/support
  14. The background of the site will appear differently from computer to computer, based on the resolution that is set. Our websites are optimised to show on the majority of computers with no scroll bar appearing, forcing the viewer to scroll left and right. Computers with a resolution less than 1024px by 768px will unavoidably show a scroll bar. The maximum resolution catered to is 1920px by 1080px. This is usually achieved by using one background image. Upon request, we can have a repeating background pattern instead, which helps with load speed but does not allow for as much design flexibility. We cannot combine methods of using a background image and repeating pattern.
  15. Colours differ from computer to computer, based on individual visitors' colour and monitor settings. Likewise, colours may appear differently when viewed on mobile devices.
  16. Fonts may appear differently from browser to browser, based on browser settings, computer settings, or the due to limitations of the browsers themselves.

Website Hosting

  1. 123 Online will be responsible for website hosting, to ensure the server is compatible with your Content Management System (CMS)
  2. Included with this 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 30mins per month, and $100 per hour thereafter.
  3. 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.
  4. 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.
  5. 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, we cannot give a copy of the CMS on request, nor can we give FTP or template access to the site.
  6. A fair use policy is in place for disk space and bandwidth usage. 1GB disk space and 4GB bandwidth per month is considered fair use (the average site with 123 Online uses under 100MB disk space and under 200MBs of bandwidth). Each GB of exceeded disk space usage or bandwidth usage will incur a $10 charge per month. For high bandwidth users, if you require more than an additional 5GB, each additional GB of bandwidth is reduced to $5 per GB. Disk usage is set at $10 per GB after the first free GB.
  7. 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.
  8. Requests to cancel web hosting and/or domain name registration services must be made in writing. Simply asking for a UDAI code will not cancel your hosting and domain payments. Payments will continue until written notice is received.
  9. None 123 Online's sites have SSL (Secure Socket Layer) capability at the site's domain name. SSL is an added security protocal that some ecommerce websites use to guarantee that credit card information won't be exposed over the Internet. There are two reasons why we don't support SSL. Firstly, to use SSL correctly, a certificate needs to be purchased and configured, which is very expensive. Secondly, 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.
  10. Our websites are hosted on shared VPS servers used by 123 Online clients only. This allows us to keep control of server load. 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 in one time.  A shared platform is not appropriate for these kinds of sites (at management's discretion).  We have a responsibiilty to all our clients to keep server load to a reasonable level. For extremely high volume sites, during peak volume months we require them to use 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.  Google uses this technology, as does 123 Online. Involved costs are $250+gst per month in the months needed.  This is only required in extreme circumstances where one website is disadvantaging others on the server.
  11. 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.

Email

123 Online has partnered with Digiweb - a specialist NZ email provider to provide affordable and flexible email solutions to our clients.  You can have your own .co.nz/.com email addresses.  Their plans are $5 a month for up to five email addresses, or $10 a month for up to ten email addresses.  Each inbox comes with 1 GB disk space.  All support and invoicing will be provided by Digiweb, and you are subject to their terms and conditions.  You can read about their solution in detail here.

Payment Terms

  1. All prices quoted are excluding GST.
  2. Before beginning your project, a 40% deposit of the design package price is required. This deposit is non-refundable as it covers 123 Online for the purchase of your template, and initial consultation and design work.
  3. The remaining 60% of the design package payment will be invoiced when the site is built. Note this is not the launch or "go live" phase, which will occur once the content loaded.
  4. Additional functionality may be invoiced as it is completed, or in a combined invoice with the design package remainder.
  5. All invoices are due 7 days from invoice date unless otherwise stated.
  6. 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.

Your website will function exactly as stipulated on our apps details pages here.

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

If we are looking after your Google Adwords campaigns for you, please also see the Google Adwords Terms and Conditions. You can view our Google Adwords terms and conditions prior to call tracking here, and after call tracking (from March 2014) here.