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Nerdy Tech Terms and Conditions

General Services The services we offer are detailed in our proposal, Statement of Work, or itemized quotation provided to you.

Client Care Our commitment is to fulfil your needs by:

  • Safeguarding and promoting your interests, free from any conflicting influences or loyalties.
  • Discussing your objectives and the optimal means of achieving them.
  • Acting competently, promptly, and in accordance with your instructions and agreements.
  • Providing information about the services to be delivered and the manner in which they will be provided.
  • Ensuring your privacy and maintaining confidentiality.
  • Treating you fairly, respectfully, and without discrimination.
  • Keeping you informed about the progress of our work and notifying you upon its completion.
  • Charging you a fair and reasonable fee, along with transparent billing.
  • Offering a clear process for addressing complaints and resolving them fairly and swiftly.

We cherish the ongoing partnership with you, and these Terms serve as the foundation of our commitment to diligently cater to your service requirements, delivering efficiency and professionalism.

Basis of Charges Unless otherwise agreed upon, our rates are determined based on factors such as time, expertise, significance, urgency, and the results achieved. You can access detailed information about our charges at any time. Additionally, we charge for administrative disbursements and travel expenses incurred on your behalf. These costs will be itemized separately, and you will be notified in advance if any prepayments are required.

Invoicing Invoices are due for payment within 14 days from the date of issue.

Overdue accounts will incur an interest rate of 2.5% per month, along with an administrative fee of $10.00 + GST per month.

For payment via Direct Credit:

  • Bank: ASB
  • Account Number: 12 3082 0221731 51
  • Reference: (Invoice Number)

Please be advised that all completed work is subject to the terms outlined on this page.

Logins To carry out the work agreed upon in your proposal or quotation, Nerdy Tech will need access to your website, social media profiles, and any other relevant platforms. Timely provision of access is vital to prevent production delays. If needed, Nerdy Tech will provide instructions on how to grant access.

Acceptance of Design and Ideas All work, including experimental design, mock-ups, visuals, and other concepts, will be considered orders, whether accepted by the client or not. In case the work does not meet your satisfaction, please notify Nerdy Tech within 5 working days to facilitate resolution.

Change Requests Acknowledgement When engaging Nerdy Tech, you are investing in professional advice based on best practices, experience, and insights gained from numerous projects. While you have the right to request changes, it’s important to understand that certain changes may impact:

  • Project costs
  • Delivery timelines
  • Performance and results
  • Warranties of the work

Providing Feedback Work We employ various tools designed for simple and effective feedback, which helps us offer competitive pricing. However, if feedback is provided outside these tools, we reserve the right to charge additional time.

Intellectual Property You retain intellectual property and copyright for all finalized logos, drawings, photographs, designs, artwork, proofs, and websites prepared by Nerdy Tech for the work outlined in this agreement. We only grant permission for their use as intended, and you forfeit this right if fees and expenses remain overdue or in default to Nerdy Tech. Nerdy Tech retains the right to use these materials for promotional purposes in newsletters, websites, portfolios, and other promotional materials.

Duplication of Website Code or File Supply Upon request, we can supply duplicate code and design of a client-built website for the purpose of duplication onto another domain. A fixed fee of 25% of the original project fee applies in such cases.

If you need a copy of your website’s code for other purposes, ensure your account is up to date before requesting the file.

Complaints We maintain a procedure for handling client complaints to ensure prompt and fair resolution. If you have a complaint about our services or charges, you may refer it to the person responsible for your work. If you are not satisfied with their response, you may refer your complaint to another partner.

Hosting

  • Deployment of Projects: All projects developed by Nerdy Tech are deployed to our hosting servers when they go live. Hosting is billed monthly for a minimum term of 12 months. If you choose to host your own website, we do not offer support for bug fixes during the warranty period or support for the site’s code. An access fee may apply when we are engaged to work on your website.
  • SSL Certificates: All projects developed by Nerdy Tech include an SSL Certificate at deployment to ensure data security. SSL costs can be viewed separately.
  • Warranty Period: All development work comes with a 3-month warranty period. If issues or bugs arise related to the work during this timeframe, we will rectify them. After this period, normal rate card fees apply, with estimates available on request. Project fees must be paid in full within 30 days after the project’s go-live date to maintain the warranty.

Invoices & Payment

  • Hosting: Hosting requires monthly payment of a fixed fee, billed monthly or annually. No refunds are provided for cancellations within the billed period.
  • Cancellation of Hosting Services: Hosting fees are non-refundable. Cancellation requests require a 4-week written notice, and a website hosting transfer fee of $250 + GST may apply.
  • Domain Name Registrations & Renewals: We handle domain registrations and renewals on your behalf. You will be invoiced annually for this service, and cancellation requests require a 4-week written notice. Please note that cancelling your domain may affect the live status of your website.

Website Services

  • Design and Development Invoices & Payments: Fees for new design and builds are divided into three payments: 30% on project initiation, 30% upon design approval, and 40% before the website’s go-live date or as otherwise agreed upon in writing.
  • Code Updates: Some updates may require us to update the framework, code, and plugins, incurring additional costs in certain cases.
  • Content Management System Use: Our content management system allows for simple content and image updates. Complex areas should be updated with caution, as improper changes can impact your website’s appearance and performance. Contact us for guidance before making significant updates.
  • WordPress Maintenance: Updates for the WordPress framework and plugins used on your website are not included in the initial website build cost. We offer annual updates at an additional charge based on your requirements.

Digital Marketing

  • Invoices & Payment: We invoice digital marketing campaign fees monthly in advance. Third-party fees for relevant platforms are paid directly to those platforms, usually through a credit card, which must be set up before the campaign begins.

Financial

  • Quotations & Fees: Our fees and the methods for calculating them are detailed in these Terms or subsequent quotations. Quoted fees are based on the information provided by the client at the time of quoting. Changes or additional work outside the initial scope may result in extra charges, typically based on hourly rates.
  • Estimates: Estimates serve as a guide and are based on our best judgment. We will communicate with you if adjustments are necessary. Invoices will reflect actual hours worked.
  • Disbursements and Expenses: We may incur expenses or make payments to third parties on your behalf, which will be included in your invoice.

GST (if any) GST is payable by you on our fees.

Invoice Disputes If you dispute an invoice, you must notify us in writing within 5 calendar days from the date of receipt. Please identify the specific cause of the dispute and pay the undisputed portion of the invoice. For inquiries or disputes, contact sales at sales@nerdytech.co.nz.

We reserve the right to suspend all services, including website hosting, until payment is made. If payment is not feasible, please contact us promptly to discuss alternative arrangements.

Overdue Invoices Interest will be charged on overdue accounts at a rate of 2.5% per month, along with an Admin Fee of $10.00 + GST per month. Accounts not paid within 90 days may be forwarded to a debt collection agency, and the account holder will be responsible for administration costs, collection costs, and legal fees.

Security We may request pre-payments or security for our fees and expenses, and you authorize us to debit amounts prepaid by you or deduct fees, expenses, or disbursements from your invoice.

Third Parties A 10% service fee may be added for all third-party expenses managed and paid on your behalf, such as print, digital advertising, and social media advertising placement. You remain responsible for payment to us, even if reimbursement is expected from a third party.

Confidentiality We will keep all information acquired during our services confidential. We will not disclose this information except as required by law. We will make confidential information available to those in our agency providing services for you. We will not disclose confidential information related to any other client.

Suspensions & Terminations You may terminate our services with 4 weeks’ notice. We may also terminate our services to you at any time. If work commissioned by the client is canceled or suspended for more than 30 working days, payment will be required for work completed up to the termination date and all expenses incurred.

If a project becomes stagnant for 8 weeks or more due to the client, additional charges may apply to resume the project.

Retention of Files and Documents We are authorized to destroy all files and documents for a matter one month after our engagement ends, or earlier if we have converted them to an electronic format and supplied them to you. Safe custody documents will be excluded.

Additional Indemnity We are not liable for any loss or damage arising from the services we provide, including consequential loss, whether in contract, tort, or otherwise. You will indemnify us against all claims arising from our services.

Dispute Resolution In case of disputes, mediation is the primary resolution method. If mediation fails, either party may take legal action to resolve the dispute. This does not preclude us from taking legal action to enforce payment.

Severability If any provision in these terms is deemed invalid, void, illegal, or unenforceable, it will not affect the validity, legality, or enforceability of the remaining provisions. Our failure to enforce any term does not waive our rights or obligations.

Terms Adjustment If any of these terms are unclear or need alterations, please inform us, and we will make reasonable adjustments to ensure your satisfaction.