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Terms of Service

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Last Updated: March 25, 2025

Welcome to Braided. These Terms of Service (“Terms”) govern the web design, development, and hosting services we provide to you (“Client” or “you”). By engaging our services, you agree to be bound by these Terms.

1. Services Overview

  • Web Design & Development: We provide website design and development services on a per-project basis. Project scope, deliverables, and timelines are outlined in a separate agreement provided at the start of each project.
  • Hosting: We offer hosting services on a monthly basis. Our basic hosting package includes plugin updates, maintenance of custom code we’ve built for you, and nightly backups (taken at midnight UTC). Additional services may be available under premium hosting plans, as agreed in writing.

2. Payment Terms

  • Project Payments: A 50% deposit is required before work begins. The remaining balance is due upon project completion unless an installment plan is agreed upon in writing. Installment eligibility and terms will be outlined in a separate signed agreement. Full payment is due regardless of project termination by the Client.
  • Hosting Payments: Hosting fees are invoiced monthly and due by the date specified on the invoice.
  • Overdue Invoices: Invoices unpaid by the due date may result in website deactivation and access removal until payment is received. If unpaid for 14 days without an agreed arrangement, we reserve the right to refer the matter to a collection agency, with all additional costs borne by the Client. Invoices unpaid for 30 days may be referred to collections in all cases. By engaging us, you agree to cover collection costs.
  • Additional Work: Work outside an active project scope or hosting plan is billed at our standard rate of $149 + GST per hour, charged in 15-minute increments, unless otherwise agreed in writing.
  • Hosting Liability After Deactivation: If a website is deactivated due to non-payment, you remain liable for hosting costs for up to 3 months from the deactivation date, regardless of whether the website is reactivated during that period.

3. Intellectual Property & Proprietary Code

  • Ownership: You own the website and its content, excluding any proprietary code, features, or enhancements we develop and do not bill for (“Proprietary Elements”). Proprietary Elements remain our property and may be removed from backups or transfers if you host elsewhere.
  • Backups: If you request a website copy or terminate hosting, we’ll provide a zipped file of the site and database (with Proprietary Elements removed) provided all payments are up to date. We reserve the right to withhold backups if invoices are overdue.

4. Hosting & Maintenance

  • Basic Hosting: Includes plugin updates, maintenance of billed custom code, and nightly backups. No work hours are included unless specified in a premium plan.
  • Client Access: If you have backend login access, we are not responsible for breaches, downtime, or issues with your website. Premium plans with full site management where you do not have access to website back-end are the sole exception, as agreed in writing.
  • Transfers: If you choose to host elsewhere, we’ll provide a backup (per Section 3) after 30 days’ notice. You are responsible for transferring and implementing the site on the new host. We offer transfer assistance at our standard hourly rate.

    5. Project Scope & Termination

    • 5.1 Scope: Project details are outlined in a separate agreement. Work beyond this scope is billed at our standard hourly rate.
    • 5.2 Client Termination: If you terminate a project, you remain liable for all agreed costs. Hosting termination requires 30 days’ notice, after which a backup is provided (per Section 3). We are not liable for ensuring successful implementation elsewhere unless contracted for transfer assistance.
    • 5.3 Our Right to Terminate: We reserve the right to terminate hosting or project services, at our sole discretion, for the following reasons:
      • a. Unprofessional Conduct: Behavior that is disrespectful, harassing, or unreasonably disruptive to our team.
      • b. Persistent Payment Delays: Repeated failure to pay invoices by their due dates, as outlined in Section 2.
      • c. Failure to Communicate: Lack of timely response to our reasonable requests for information or feedback, particularly during projects. If this occurs during a project, you agree to forfeit your deposit and remain liable for all work completed up to the termination date.
      • d. Other Just Cause: Any breach of these Terms or actions that materially impair our ability to provide services.
        In such cases, we will provide written notice of termination. Upon termination by us, you remain liable for all hosting fees and other costs accrued up to the termination date, including any applicable notice period (e.g., 30 days for hosting). Backups will be provided per Section 3, subject to payment status.
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6. Liability & Indemnity

  • No Liability: We are not responsible for downtime, breaches, or losses (e.g., lost revenue, data) unless we fully manage the site under a premium plan with no Client backend access. You indemnify us against all claims arising from website use, downtime, or third-party integrations (e.g., payment/CRM systems).
  • Third-Party Systems: We are not responsible for monitoring or maintaining payment, lead capture, or CRM systems unless explicitly included in a premium hosting plan. Issues from third-party APIs or platforms are outside our control.
  • As-Is Service: Services are provided “as-is” with no warranties beyond what is expressly agreed.

7. Client Responsibilities

  • Content & Updates: You are responsible for providing content per the project scope. Post-launch, you handle content updates unless engaging us for specific work.
  • Timely Responses: Project timelines depend on your prompt responses to our requests. Delays may void agreed timelines without affecting payment obligations.

8. Dispute Resolution

  • Governing Law: These Terms are governed by New Zealand law. Disputes will be resolved in the courts of New Zealand.
  • Payment Enforcement: We prioritize timely payment. Overdue accounts may lead to service suspension and collections (per Section 2). For other disputes, we encourage informal resolution before legal action.

9. General Provisions

  • Changes: We may update these Terms and will notify you of significant changes. Continued use of our services constitutes acceptance.
  • Contact: Reach us at hello@braided.co.nz for questions or support.