1. GENERAL

These Terms and Conditions apply to all services provided by Ohau Web Services.

2. INTERPRETATION

  • Conditions: Refers to these Terms and Conditions, which should be read alongside each estimate/quotation provided by Ohau Web Services.
  • Client: Refers to the purchaser of services from Ohau Web Services.
  • Contract: Means an agreement between the Client and Ohau Web Services that includes the Estimate/Quotation, these Conditions, and any written variation agreed by Ohau Web Services.
  • Products and Services: Refers to the products or services provided by Ohau Web Services to the Client.
  • Estimates/Quotations: Remain valid for acceptance for 28 days from the date they are issued.

3. CONTRACT FORMATION

No contract shall be formed until the Client's order is accepted by Ohau Web Services. The Client cannot cancel the contract after the order is accepted and is obligated to pay the quoted price.

4. PAYMENT

  • Prices are quoted in New Zealand Dollars (NZD) and are exclusive of GST unless stated otherwise.
  • Ohau Web Services may require the Client to pay for services before they are supplied.
  • A 100% deposit for the agreed scope of work is required after the work is completed. Payment is due within 7 days following the date of the invoice.
  • If the Client fails to pay by the due date, Ohau Web Services reserves the right to cease work immediately.

5. DEFAULT

Ohau Web Services may cancel any unperformed part of the contract and seek payment of all amounts due if payments are overdue or the Client fails to meet any obligations.

6. INTELLECTUAL PROPERTY

Unless otherwise agreed, Ohau Web Services retains ownership of all intellectual property, including copyrights, in any work created for the Client.

7. LIMITATION OF LIABILITY

Ohau Web Services will not be liable for any indirect, incidental, or consequential damages. The Client agrees to indemnify Ohau Web Services from any legal claims arising from content submitted by the Client or third parties.

8. WEBSITES

  • The Client must pay in full before a website goes live. Ohau Web Services reserves the right to take down a website if payment is not received.
  • The website has a 30-day warranty from the go-live date, covering coding, design, or content issues not discovered during the approval process.

9. HOSTING

  • Monthly hosting fees are due. If payments fall into arrears, the website may be taken offline.
  • Ohau Web Services does not guarantee 100% uptime for hosted services.

10. STREET VIEW TRUSTED 360 TOURS

Full payment is required before the tour goes live. If payment is not received, the 360 Tour may be taken offline until payment is made.

11. ONLINE MARKETING

Ohau Web Services cannot guarantee the success of any online marketing or search engine optimization efforts.

12. PROOFING

All work may be submitted for approval before final delivery. Ohau Web Services is not liable for any errors not corrected by the Client during the proofing process.

13. GUARANTEE

A guarantor may be required to guarantee payment and performance under the contract.

14. MISCELLANEOUS

  • If any part of these terms is found to be unenforceable, it will be modified to ensure enforceability.
  • Ohau Web Services may subcontract or assign any part of the contract.

15. COLLECTION AND DISCLOSURE OF INFORMATION

Ohau Web Services may collect and disclose information about the Client for business purposes, including marketing and credit reporting, in compliance with New Zealand's privacy laws.

16. LAW

These Terms and Conditions are governed by New Zealand law, and the Client agrees to submit to the jurisdiction of New Zealand courts.