Avatar Ltd will endeavour to operate in a fair and reasonable manner at all times and it is part of our ethos to ensure we maintain a great relationship with our clients. It is important, however, to have certain contractual aspects agreed in order to protect both parties. By undertaking a Web writing (or copywriting) project with Avatar Ltd you are agreeing to the following terms and conditions.
(1) Relationship of the Parties
The parties intend that an independent contractor relationship will be created by this contract, and that no partnership, joint venture or employee/employer relationship is intended or implied.
(2) Project Process
Avatar Ltd cannot always guarantee to start work immediately on a project but will arrange a date with the client as to when work can commence.
If Avatar has produced a proposal document for the project then Avatar will endeavour to work within the time frames scheduled, provided you supply us with:
During the Web writing process, Avatar Ltd will create a first proof of text for the project and present it to the client in order that the client may read and comment upon the project’s progress. The Web writing project will proceed to second proof stage and then to third/ final proof. Upon sign off on the final proof, Avatar Ltd will invoice the client for the remainder of the amount due for the project.
All information supplied by the client and used by Avatar Ltd for the Web writing project will remain the client’s property. All such material will be assumed to be the property of the client and free to use without fear of breach of copyright laws.
The copyright for all text provided by Avatar Ltd will remain the property of Avatar Ltd until such time as payment has been made in full whereupon they will become the property of the client.
The parties acknowledge that Avatar Ltd may accept jobs from other clients to develop text in the same or similar industries and that Avatar Ltd may replicate and exploit all techniques for the creation of text.
All prices are quoted exclusive of GST. GST is payable by New Zealand residents, this cost does not apply to overseas orders.
(5) Terms of Payment
An invoice for 50% of the price for the project will be provided on acceptance of the proposal. This invoice must be paid before the project can commence.
Once the project is complete and approved by the client the final 50% will be invoiced. Payment for this invoice shall be made within 7 days of the date of issue of the invoice unless otherwise arranged.
If you are responsible for with holding information for completion, the Web writing service commissioned is then deemed payable in full after 30 days from initial start date.
If we are forced to hand your account over to a debt collection agency for collection you will be liable for any collection costs incurred.
(6) Validity of the Agreement
Either party may terminate the agreement on 7 working days’ written notice to the other party.
Avatar Ltd reserves the right to cease immediately without liability to provide the service and to terminate this agreement if you should go into liquidation or bankruptcy, or if you fail to meet any obligation in accordance with this agreement.
(7) Assignment and Delegation
We may assign or transfer our rights and responsibilities under this contract to another party.
We may also subcontract the performance of any of our responsibilities under this contract to another party.
You may not assign or transfer any of your rights or responsibilities under this contract to anyone else without our prior written consent.
You agree that Avatar Ltd will not be liable for any indirect or consequential damages, including but not limited to, loss of profits or for any claim made on the client by any other party, even though Avatar Ltd may have been notified of such damage or claims.
We shall not be liable to you for any loss or damage directly or indirectly arising out of or in connection with any delay in delivery of the goods or failure to perform its obligations under this agreement where such delay is caused directly or indirectly by an act of God, armed conflict, labour dispute, civil commotion, intervention of a government, inability to obtain labour, materials or manufacturing facilities, accidents, interruptions of, or delay in, transportation or any other cause beyond our control.
You agree to defend, indemnify and hold us harmless from and against any and all claims, losses, liabilities and expenses (including attorneys’ fees) related to or arising out of the services provided by us to you under this agreement, including without limitation claims made by third parties (including your customers) related to any false advertising claims, liability claims for products or services sold by you, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided hereunder, or for any content submitted by you for publication by us.
If, despite the other provisions of this agreement, Avatar Ltd is found to be liable to you then its liability for any single event or series of related events is limited to the Fees.
Due to the public nature of the Internet, all material written or provided by you for publication will be considered publicly accessible. Avatar Ltd does not screen in advance customer material submitted to Avatar Ltd for publication. Avatar Ltd ‘s publication of material submitted by customers does not create any express or implied approval by Avatar Ltd of such material, nor does it indicate that such material complies with the terms of this agreement.
(9) Applicable law
The Consumer Guarantees Act 1993 may apply to any services we provide to you if you acquire these services for personal, domestic or household use. If this act applies, all rights you may have under it apply in addition to the rights you may have in this agreement. Nothing in this agreement will limit or exclude your rights under this act.
Where you acquire or hold yourself out as acquiring our services for the purpose of a business, then you agree that the provisions of the Consumers Guarantee Act 1993 will not apply to our service or the provision of any other services to you.
This agreement shall be deemed to be an agreement made in New Zealand and shall be subject to, governed by and interpreted in accordance with the laws of New Zealand.
(10) Non Waiver
Failure by any party to enforce any right or obligation with respect to any matter arising in connection with this contract shall not constitute a waiver as to that matter or any other matter either then or in the future. Any waiver of any right or obligation under this contract shall only be of any force and effect if such waiver is in writing and is expressly stated to be a waiver of a specified right or obligation under this contract.
For more information on our terms and conditions, please contact us.