These Terms and Conditions ("Terms") govern the provision of web design, development, hosting, and related services ("Services") by Integraah Limited (NZBN: 9429053259370), trading as FastSite ("we", "us", "our", "FastSite", "the Agency"), to you ("you", "your", "the Client").
By engaging our Services, you agree to be bound by these Terms. Please read them carefully before proceeding.
1. Definitions
In these Terms:
- "Agreement" means any written proposal, quote, or contract entered into between FastSite and the Client, together with these Terms.
- "Content" means all text, images, graphics, logos, videos, and other materials provided by the Client or created by FastSite for the project.
- "Deliverables" means the website, web pages, designs, code, or other outputs to be provided under the Agreement.
- "Project" means the web design, development, or related work described in the Agreement.
- "Website" means the website developed by FastSite for the Client under the Agreement.
2. Services
2.1 Scope of Services
FastSite provides web design, website development, hosting, maintenance, and related digital services. The specific scope of each Project will be detailed in a written proposal or quote provided to the Client.
2.2 Service Packages
We offer various service packages with different features, pricing, and inclusions. Full details of current packages are available on our website or will be provided in your proposal.
2.3 Variations to Scope
Any work outside the agreed scope will be quoted separately and must be approved by the Client in writing before work commences.
2.4 No Guarantee of Results
FastSite does not guarantee sales, revenue, website traffic, search engine rankings, conversion rates, or any specific business outcomes. The Client acknowledges that business performance depends on multiple factors outside FastSite's control, including market conditions, product quality, pricing, and customer service.
3. Client Responsibilities
The Client agrees to:
- Provide all necessary content, materials, images, and information required for the Project in a timely manner
- Ensure all content provided does not infringe any third-party intellectual property rights
- Respond to communications and requests for feedback within reasonable timeframes
- Provide accurate and complete information regarding their business and requirements
- Obtain any necessary licences or permissions for content, images, or third-party materials they provide
- Notify FastSite promptly of any changes to contact details or project requirements
Unless otherwise specified in the project proposal, "reasonable timeframe" means three (3) working days for responding to communications and feedback requests. Delays caused by the Client's failure to meet these responsibilities may result in project delays and may incur additional charges. FastSite is not responsible for delays resulting from late or incomplete Client feedback or materials.
4. Fees and Payment
4.1 Pricing
All prices are quoted in New Zealand Dollars (NZD) and are exclusive of Goods and Services Tax (GST) unless otherwise stated. GST will be added at the applicable rate.
4.2 Deposit and Payment Schedule
Unless otherwise agreed in writing, payment is structured as follows:
- 50% deposit: Due upon acceptance of the quote. This deposit is non-refundable and secures project scheduling and resource allocation.
- 50% final payment: Due before the website is published or goes live.
Alternative payment schedules may be agreed in writing for larger or more complex projects.
4.3 Payment Methods
We accept payment via bank transfer. Alternative payment methods may be agreed upon in writing.
4.4 Invoicing and Due Dates
Invoices are due for payment within three (3) working days of issue unless otherwise agreed.
4.5 Late Payment
If payment is not received by the due date:
- Interest may be charged at a rate of 2% per month on the outstanding amount
- We reserve the right to suspend work on the Project until payment is received
- We reserve the right to suspend or take down live websites hosted by us, subject to seven (7) days' written notice, provided that reasonable attempts to contact the Client regarding overdue payment have been made.
- The Client is responsible for any debt collection costs, legal fees, or other expenses incurred in recovering overdue amounts
For the avoidance of doubt, issuing an invoice does not automatically trigger the takedown notice period. A takedown notice will only be issued after payment becomes overdue and reasonable attempts to contact the Client have been made.
4.6 Additional Work
Any work requested outside the agreed scope, or changes requested after final approval, will be quoted separately at our standard hourly rate or as otherwise agreed.
5. Project Process
5.1 Project Commencement
Work on the Project will commence upon receipt of the deposit payment and any required materials or information from the Client.
5.2 Timeline
We will provide an estimated timeline for each Project. While we endeavour to meet all deadlines, timelines are estimates only and are subject to change based on factors including Client responsiveness, scope changes, and technical complexities.
5.3 Revisions
The number of revision rounds included in your Project depends on your service package:
- Starter Package: Reasonable revisions during the development phase
- Professional Package: Two (2) rounds of revisions
- Enterprise Package: As agreed in the project scope
Revisions include changes to text, images, layout, colours, and design elements within the original scope. Revisions must be provided in a clear, consolidated format. Additional revision rounds may be quoted at our standard hourly rate.
5.4 Approval
The Client will be asked to provide formal approval at key milestones. Approval indicates acceptance of work completed to that point. Changes requested after approval may be treated as additional work and quoted accordingly.
5.5 Acceptance of Deliverables
Deliverables submitted for review are deemed accepted if no written objection or change request is received within seven (7) working days of delivery. Acceptance confirms the Client's approval for that milestone, and subsequent changes may be treated as additional work under clause 4.6.
6. Intellectual Property
6.1 Client Content
All content supplied by the Client, including text, images, logos, and branding materials, remains the property of the Client. FastSite does not claim ownership over Client-provided content.
6.2 FastSite Intellectual Property
Unless otherwise agreed in writing:
- All website source code, templates, themes, system architecture, and proprietary components developed or used by FastSite remain the intellectual property of Integraah Limited.
- The Client is granted a non-exclusive, non-transferable licence to use the Website for the duration of the active service agreement and while monthly fees remain current.
- Third-party themes, plugins, and components are licensed under their respective terms and remain the property of their respective owners.
- This pricing model reflects the bundled nature of our service, which includes ongoing hosting, maintenance, and support. Clients seeking full source code ownership may request a custom quote, excluding FastSite proprietary components.
6.3 Portfolio Rights
FastSite reserves the right to display and link to completed projects as part of our portfolio, including on our website, social media, and marketing materials, unless the Client notifies us in writing that they do not consent.
7. Hosting and Maintenance
7.1 Hosting
Where FastSite provides hosting services, the Website will be hosted on third-party servers. By default, websites are hosted on international servers (currently located in Indonesia). New Zealand-based hosting is available upon request and may incur additional charges.
The Client acknowledges that hosting services are subject to the terms and conditions of the third-party hosting provider.
By proceeding with international hosting, the Client consents to the storage and processing of website data, including any personal information collected through the Website, outside New Zealand, and acknowledges that overseas jurisdictions may not provide privacy protections equivalent to those in New Zealand. The Client is responsible for ensuring their own privacy policy informs end users of this arrangement.
7.2 Monthly Maintenance
Monthly maintenance fees cover ongoing hosting, security updates, backups, and minor support as detailed in your service package. Maintenance is billed monthly in advance.
7.3 Uptime and Availability
While we use reputable hosting providers and take reasonable steps to ensure reliability, we do not guarantee uninterrupted availability of hosted websites. We are not liable for downtime caused by hosting provider outages, cyberattacks, or other factors beyond our reasonable control.
7.4 Security
FastSite takes reasonable measures to secure hosted websites, including regular updates and backups. The Client is responsible for maintaining strong passwords, managing user access controls, keeping login credentials confidential, and complying with their own legal and regulatory obligations. FastSite is not liable for security breaches resulting from weak passwords, compromised credentials, or unauthorised access granted by the Client.
7.5 Logging and Monitoring
FastSite maintains basic system and application logs for operational and troubleshooting purposes only. Log retention periods are limited, and logs may be automatically rotated or deleted to manage system performance and storage.
FastSite does not guarantee the availability of historical logs beyond standard retention periods and is not responsible for the absence of logs relating to past events, incidents, or transactions.
Advanced monitoring, extended log retention, forensic analysis, or compliance-level logging is not included unless expressly agreed in writing as part of a separate service arrangement.
8. Cancellation and Refunds
8.1 Cancellation by Client Before Commencement
If the Client cancels before project commencement, FastSite may, at its discretion, refund part of the deposit minus any administrative or preparation costs already incurred.
8.2 Cancellation by Client After Commencement
If the Client cancels after work has commenced:
- The initial deposit is non-refundable, as it reflects time, resources, and costs already incurred.
- If work has been completed beyond the value of the deposit, the Client may be invoiced for work completed to date.
8.3 No Refunds for Completed Work
To the extent permitted by law, no refunds will be provided for:
- Work that has been completed and delivered
- Milestones that have been approved by the Client
- Hosting or maintenance fees once the service period has commenced
- Subscription-based services once activated
8.4 Suspension for Non-Payment
FastSite reserves the right to pause work, withhold deliverables, or suspend hosted websites if payments are overdue. Suspension does not release the Client from payment obligations.
8.5 Goodwill Resolution
FastSite aims to resolve cancellations fairly and professionally. In exceptional circumstances, we may, at our discretion, offer partial credits or alternative solutions.
9. Termination
9.1 Termination of Ongoing Services
Either party may terminate ongoing services (such as hosting and maintenance) by providing a minimum of thirty (30) days written notice. All outstanding invoices must be settled before termination takes effect.
9.2 Termination for Breach
Either party may terminate the Agreement immediately if the other party materially breaches these Terms and fails to remedy the breach within fourteen (14) days of receiving written notice.
9.3 Effect of Termination
Upon termination:
- The Client must pay for all work completed and services provided up to the date of termination
- FastSite may remove or disable any Website hosted on our servers, subject to Clause 10 (Website Export and Migration).
- Any licence granted to the Client to use FastSite intellectual property will terminate
10. Website Export and Migration
If the Client requests a copy of the Website files or source code upon termination or at any other time:
- An export or migration fee may apply to cover administrative time, packaging, and handover of files
- Source code or Website files will only be released once any applicable fees have been paid in full and all outstanding invoices are settled
FastSite may, at its discretion, waive or reduce export or migration fees for long-term or high-value clients.
11. Consumer Guarantees
If you are acquiring our Services for personal, domestic, or household purposes, you have rights under the Consumer Guarantees Act 1993 that cannot be excluded. Nothing in these Terms limits those rights.
If you are acquiring our Services for business purposes, you agree that the Consumer Guarantees Act 1993 does not apply to the supply of Services under this Agreement, to the fullest extent permitted by law.
12. Limitation of Liability
12.1 Exclusion of Liability
To the maximum extent permitted by law, FastSite excludes all liability for:
- Any indirect, incidental, special, consequential, or punitive damages
- Loss of profits, revenue, data, goodwill, or business opportunities
- Any loss or damage arising from circumstances beyond our reasonable control
12.2 Cap on Liability
Our total liability under or in connection with the Agreement, whether in contract, tort (including negligence), or otherwise, shall not exceed the total fees paid by the Client under the Agreement in the three (3) months preceding the claim.
12.3 Preservation of Consumer Rights
Nothing in this clause limits or excludes any liability that cannot be limited or excluded under New Zealand law, including liability under the Consumer Guarantees Act 1993 for consumers.
13. Indemnity
The Client agrees to indemnify and hold harmless FastSite, its directors, employees, and contractors from any claims, losses, damages, liabilities, and expenses (including legal fees) arising from:
- The Client's breach of these Terms
- Content provided by the Client that infringes third-party rights
- The Client's use of the Website or Services in breach of applicable laws
- Any third-party claims relating to the Client's business or Website content
14. Third-Party Services
14.1 Third-Party Integrations
Our Services may integrate with or rely upon third-party services, including but not limited to hosting providers, payment gateways, booking systems, email services, and analytics platforms. The Client acknowledges that:
- These third-party services are subject to their own terms and conditions
- FastSite is not responsible for the availability, performance, or policies of third-party services
- Any fees charged by third-party providers are the Client's responsibility unless otherwise agreed
14.2 No Legal or Compliance Advice
FastSite does not provide legal, tax, financial, or regulatory advice. The Client is solely responsible for ensuring compliance with all applicable laws, including but not limited to the Privacy Act 2020, Consumer Guarantees Act 1993, Fair Trading Act 1986, and any industry-specific regulations. For ecommerce websites, the Client is responsible for their own terms of sale, refund policies, and consumer law compliance.
15. Confidentiality
Each party agrees to keep confidential any proprietary or sensitive information disclosed by the other party in connection with the Agreement. This obligation does not apply to information that is publicly available, independently developed, or lawfully obtained from a third party.
16. Force Majeure
Neither party shall be liable for any delay or failure to perform obligations under the Agreement due to circumstances beyond their reasonable control, including but not limited to natural disasters, pandemics, government actions, internet or telecommunications failures, or cyberattacks.
17. Dispute Resolution
If a dispute arises:
- The parties shall first attempt to resolve the dispute through good faith negotiation.
- If the dispute cannot be resolved through negotiation within fourteen (14) days, either party may refer the matter to mediation.
- If mediation is unsuccessful, either party may pursue legal remedies through the Disputes Tribunal of New Zealand (for claims within its jurisdiction) or the appropriate court of New Zealand.
18. General Provisions
18.1 Governing Law
These Terms are governed by the laws of New Zealand. The parties submit to the non-exclusive jurisdiction of the courts of New Zealand.
18.2 Entire Agreement
These Terms, together with any written proposal or quote, constitute the entire agreement between the parties and supersede all prior discussions, representations, and agreements.
18.3 Amendments
We may update these Terms from time to time. Changes will be posted on our website. Continued use of our Services after changes are posted constitutes acceptance of the updated Terms.
18.4 Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
18.5 No Waiver
A failure or delay by either party to exercise any right under these Terms does not constitute a waiver of that right.
18.6 Assignment
The Client may not assign or transfer any rights or obligations under the Agreement without our prior written consent. FastSite may assign or transfer its rights and obligations to a successor entity in the event of a business sale, merger, or reorganisation.
19. Contact Us
If you have any questions about these Terms, please contact us:
Business Name: Integraah Limited trading as FastSite
Website: www.fastsite.co.nz
Email: contact@fastsite.co.nz
Location: Auckland, New Zealand