Legend will provide products and/or professional services to the Customer on request. This Agreement serves as the basic terms and conditions under which Legend and Customer operate.
These terms and conditions apply to any work you agree to undertake with Legend.
“Legend”, “we”, “us” and “our” means Zanica Limited Trading as Legend
“you” and “your” means the client purchasing products and/or services from us under the Agreement.
Legend and the Client may each be referred to herein as a “Party” and collectively as the “Parties”.
“Proposal” means a quote, Service Level Agreement (SLA), maintenance agreement , estimate or a request for service.
Each proposal for goods or services, it is valid for 30 days. However, Legend reserves the right to change or cancel the Proposal at any time before you accept it in writing.
Unless otherwise stated, any amounts in each proposal are estimates. You understand that these estimates might not include every possible cost. If Legend thinks an estimate might be exceeded, it will tell you in writing.
Legend will provide the Goods or Services according to the specifications in the applicable Proposal. If there are no specifications, Legend will provide the Goods or Services in accordance with good industry practice.
Legend will keep track of the Goods or Services it provides and report back to you as agreed in the proposal.
Legend will provide you with regular cost updates for the Services, which may be different than the original estimates. Updates will be given to you in a timely manner, as agreed in the proposal.
You will fulfil all necessary responsibilities outlined in each Proposal.
You will give reasonable assistance to Legend in performing the Services or providing the Goods as specified in each Proposal,
You will ensure that any materials you provide to Legend are legal and compliant.
If required, you will contract with the supplier of any third party software for the licensing and/or support of that software
For fixed price projects our warranty period is 30 days from the acceptance date unless otherwise stated. Any issues with the website’s functionality that are brought to our attention during this time will be addressed without charge. Any modifications outside of the warranty period or changes to the project beyond what was included in your quotation would be subject to a fee.
For time and materials projects, this is not covered by any warranty. If there are any failures with these services, they will be fixed on a time and materials basis.
Legend will fix the problem as soon as possible after you ask for help in writing. Requests should be sent to your Legend Account Manager or Project Manager.
If something goes wrong and it is not covered by the warranty, Legend will charge you for fixing it. You have to agree to this in writing first.
If something goes wrong due to something that Legend can’t control, then Legend may charge you for fixing it. You will be notified in writing if this happens, and you must agree to the charges before they are carried out.
Legend will support technologies for browsers and computer settings that were current at the time of development. We accept no responsibility if technology changes and a product or service is no longer accessible.
We test your website works on the flowing platforms:
Chrome,Edge & Firefox.
Legend is not responsible for updating websites when new browsers are released 30 days from the acceptance date. If the website does not work on browsers that are not included in the list provided Legend may charge you for fixing it.
Third-Party Materials and Software
Legend provides no warranties or indemnities in relation to third party materials or third party software but will pass on the benefit of any third party warranties or guarantees to the full extent that it is lawfully able (and will take all reasonable steps to assist you to obtain the full benefit of those third party warranties or guarantees).
We will always keep your confidential information confidential, unless we have to share it with others for legal reasons, insurance reasons, or if it is required by law. We may also subcontract our work to other professionals, but they will also be required to keep your information confidential.
INVOICING & PAYMENT
Unless otherwise stated, all fees are exclusive of GST, which is payable at the time that you pay Legend’s invoices.
Legend will invoice for 50% of the initial quote once accepted, which will act as a deposit. The remaining balance will be billed monthly as the service hours are used.
You will be invoiced monthly, which includes the cost of materials supplied or used, delivery charges and any travelling and other pre-approved expenses incurred. Each invoice will include enough detail to enable you to verify the accuracy of the information on the invoice.
Unless otherwise agreed:
Design and Development work undertaken by Legend is invoiced on the last working day of the month with payment due on the 20th of the following month.
Legend Hosting services are invoiced on the first working day of each month and are due on the 20th of the same month.
Legend Domain renewals are invoiced 90 days prior to the renewal date of the domain.
You must notify Legend within 10 days of receipt of any invoice you genuinely dispute, and otherwise pay the undisputed portion of the invoiced amount to Legend.
Suspension of Services
If you do not pay Legend’s invoice by the due date, Legend may suspend its obligation to provide the applicable Services until you pay the corresponding invoice in full. Legend’s other rights and remedies remain otherwise unaffected.
Interest on Overdue Amounts
Legend shall be entitled to charge interest at 2% per month or part month on any amount past due for payment under this agreement. You are responsible for all fees and expenses incurred in recovering late payments, including solicitor fees.
Intellectual property rights transferred to the client once payment for work completed is received.
All unused concepts and ideas remain the property of legend and may be used again at the discretion of the company.
Health & safety
You will be responsible for making sure that your site is safe. This includes following the Health & Safety at Work Act 2015 and any regulations or codes of practice set under it.
Non-solicitation of staff
Neither party will hire, ask for services, or otherwise contact the other party’s employees during the term of this Agreement and for 12 months afterwards.
Neither party may transfer any or all of their rights under this Agreement without the other party’s prior written consent.
Legend may choose to subcontract some of its work related each proposal, Legend will still be responsible to you for their work.
Consumer Guarantees Act
You confirm that you are buying the goods and services for the purpose of a business, and so the Consumer Guarantees Act 1993 will not apply.
This Agreement, each Proposal, are governed by the laws of New Zealand. The parties agree to the non-exclusive jurisdiction of the courts of New Zealand.