Navigator Websites Terms And Conditions

By signing up, you agree to the following Terms and Conditions of Service for the use of Navigator Websites services:

This Agreement is for using Navigator Websites provided by Weave Branding & Design Ltd, (hereafter referred to as “Service Provider” or “Navigator Websites”) and all its subscribers (hereafter referred to as “Client”) unless the context requires otherwise.

The Service provider, and/or its assignee does not guarantee any type of profit or response from said services.

The Client shall irrevocably indemnify the service provider and/or its assignee from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which the service provider and/or its assignee may sustain, and/or to hold the service provider and/or its’ assigns harmless to which the service provider and/or its assignee may become subject arising out of or relating in any way to the use of the services provided under this Agreement, including, without limitation, in each case attorneys’ fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities.

The Website Terms of Use of this agreement is governed by and will be construed according to the laws of New Zealand.

Services

The service provider agrees to provide the client a website and ongoing, hosting and management service. The subscription service and the website platform setup for the client is available for the client to use, so long as the subscription payments are made or if the client arranges a buyout of the service.
Please see Cancellation Policy section.

Start Date

This Agreement and the client’s use of Navigator Websites services shall start on the date the order is submitted by the client;

Unless amended or termination notice is submitted by the client, at least seven (7) days prior to the expiration of the agreement, the agreement between the parties shall automatically renew for additional like periods (“Renewal Periods”) under the same terms and conditions as herein agreed.

For account cancellation, refer to the Cancellation Policy section.

Subscription and Service Fees

Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a monthly basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions. All website subscription are based on a minimum 18 month contract thereafter it changes to a rolling monthly contract. If you cancel your subscription within the first 18 months the outstanding payment for the remaining months left on the initial 18 month contract is due in full.

A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Navigator Websites with accurate and complete billing information including full name and a valid payment method information. By submitting such payment information, you automatically authorise Navigator Websites to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Navigator Websites will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

The client agrees:

To pay the fees that shall be charged to their account as a result of using the Navigator Websites service, including but not limited to:

  1. Subscription fees.
  2. Fees for supplemental services or features;
  3. Initial custom design and development fees;
  4. Additional website customisation; and
  5. Purchases made through the use of the service provider.

Payment

For clients in New Zealand, the fees include the GST. However, for international clients, all fees are exclusive of any tax and other duties.

Receipts for the payment transactions will be emailed directly to the client through Stripe.com or Thrivecart - the secure payment merchant of the Service Provider.

The client acknowledges and agrees that the Service Provider will not require any additional authorisation for any recurring payments or automatic billing options.

The client shall be liable for any fees the Service Provider will incur in its efforts to collect any unpaid balances.

Any billing problems or discrepancies must be brought to Navigator Website’s attention within sixty (60) days from the date the client is billed. If the client does not bring them to the Service Provider’s attention within sixty (60) days, the client agree to waive his right to dispute such problems or discrepancies with the Service Provider.

Any billing-related questions or to stop a recurring payment from being charged to the designated payment method email, sales/billing support on support@navigatorsites.co.nz.

Account Termination

The subscription shall be terminated on the following grounds:

  1. Service fees are unpaid after more than 30 days;
  2. Violation of these Terms and Conditions;
  3. Website is used for purposes the Service Provider believes to be illegal or offensive including but not limited to pornographic content, terrorist activities, etc. 

The Service Provider shall exert earnest effort to notify the client before terminating the subscription.

Warranties

The Service Provider makes no warranties to the client of any kind, expressed or implied with respect to the services, and/or the Service Provider’s subcontractors and affiliate’s services provided.

The Service Provider expressly disclaims any implied warranty or merchant ability of fitness of the service for a particular purpose.

The Service Provider shall not be liable for any damages suffered by the client, whether indirect, special, incidental, exemplary, or consequential, including, but not limited to, loss of data or service interruptions, resulting from:

  1. the use or the inability to use the service;
  2. cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
  3. unauthorised access to or alteration of your transmissions or data;
  4. statements or conduct of any third party on the service;
  5. or any other matter relating to the service.

The Service Provider shall take all reasonable precautions to ensure database is secure and protected, the client understands and agrees that the service provider is under no obligation to export, extract, retrieve or store our client’s data except for through the weekly backups of the clients website which is stored on a ‘best effort’ basis and taken automatically via Amazon S3 (third party hosting provider).

Assignment

This Agreement is personal to the client, and in case of assignment wherein the client allows someone to use his account, the client agrees to:

  1. Seek the prior written consent of the Service Provider;
  2. Remain liable to the Service Provider for any fees due under this Agreement.

The Service Provider retains its right to assign this Agreement at any time.

Change of Terms and Conditions

The Service Provider reserves the right to change the terms and conditions of this Agreement as needed.

The continued use of the services after said changes constitutes acceptance of those new terms and conditions. This includes, but is not limited to, the right to change our subscription rates at any time.

Non-acceptance to the new terms and conditions, the client may terminate this Agreement in accordance with the cancellation policy provided under CANCELLATION POLICY section.

The Service Provider shall give thirty (30) day notice prior to changing subscription rates.

Notification of Account Changes

The Client agrees to:

  1. Provide information relating to the use of this service as deemed necessary or desirable by the Service Provider.
  2. Notify the Service Provider of its address, email address, telephone number or billing information changes.

Navigator ‘Custom Site’ Payment Terms

You agree to pay Navigator Websites an initial development fee (the “Initial Fee”), due immediately upon signing up, and a monthly subscription hosting & service fee (the “Monthly Fee”) as dictated on the Website (depending on chosen products during or after signup), which is initiated immediately upon beginning development. 

The initial development fee is 100% refundable if the customer has requested a refund prior to commencing work on the website and so long as the request for a refund is made within (6) months from the time that the purchase was made. Once work has commenced and the site has been provisioned, the initial fee will become non-refundable unless other terms are agreed to. Any other fees incurred as a result of a work order or job requested by the customer are non-refundable unless other terms are agreed to unless other terms are specified.

Customers who are current in paying their subscription  fees will receive ongoing updates to their website, in the form of WordPress updates, Plugin Updates, Theme Updates, or other, as such updates are released by Navigator Websites and its partners. Navigator Websites reserves the right to determine the timing of any Scheduled Updates. Any work performed by Navigator Websites on the Customer website beyond the Scheduled Updates must be agreed to in writing, and will be billed and invoiced at an agreed rate, and it will be due upon the receipt of the invoice. Any special requests which must be completed within two (2) business days of a Customer request shall be considered rush requests, and may be subject to increased rates.

Navigator Site Payment Terms

Non-custom plan Clients agree to pay Navigator Websites your first monthly payment when you select your starting template to being your website. Navigator will then begin the customisation and development process. Standard build time is 2-3 weeks once content and images have been received from the Client.

36 Month Refresh Policy

After 36 months continued use, the client is eligible for a refresh of the current website equal to the value of the initial setup cost of the subscription.

The client can choose to either rebuild his website or use the credit to purchase support hours that can be used to refresh the current Navigator Site.

Application for a refresh of the website can be made via email to support@navigatorsites.co.nz

Account Terms

The client agrees that:

The Client must be 18 years or older to use the service.

The Client assignee when approved by the Service Provider, is a human being; Accounts registered by “bots” or other automated methods are not permitted.

The Client shall provide his legal full name, a valid email address, and any other information requested in order to complete the signup process.

The Client is the owner of the credit card supplied. If another person or company owns the credit card provided, he undertakes to have the proper authority to validly use the same and assumes all legal responsibility thereto towards the real owner thereof or to Navigator Websites, should reimbursement is necessary.

Login may only be used by one person – additional logins for the same account can be requested by contacting support@navigatorsites.co.nz.

The Client is responsible for maintaining the security of the account and password. The Service Provider cannot and will not be liable for any loss or damage from the failure of the client to comply with this security obligation.

The Client is responsible for all Content posted and activity that occurs under his account (even when Content is posted by others who have accounts under the client’s account).

The Client shall not use the Service for any illegal or unauthorised purpose.

The Client must not, in the use of the service, violate any laws. (including but not limited to copyright laws).

Cancellation and Termination Policy

The client is solely responsible for properly cancelling his account using the Manage Subscription Form. A phone, email, social media message or any other request to cancel the client’s account is not considered cancellation. It must be in writing.

Navigator Websites is a subscription service. To use the platform setup for the client at the commencement of this service, the client must continue to pay the subscription fee or arrange a buyout of the website platform.

The current buyout fee is $3,000 NZD and can be arranged by emailing us at support@navigatorsites.co.nz. However, the fee drops to $1,600 NZD after 12 months.

The Content of the client’s website will be immediately deleted from the Service upon cancellation. This information cannot be recovered once the account is cancelled unless otherwise arranged through written notice via Navigator Websites.

If the client’s cancellation of service is made seven days before the end of the client’s current paid up month, cancellation will take effect immediately and there shall be no additional charges thereafter.

The Service Provider, in its sole discretion, has the right to suspend or terminate the client’s account and refuse any and all current or future use of the Service, or any other Navigator Websites service, for any valid reason at any time. Such termination of the Service will result in the deactivation or deletion of the client’s Account or his access to the Account, and the forfeiture and relinquishment of all Content in the said Account.

The Service Provider reserves the right to refuse service to anyone for any reason at any time.

Support

Support is available for Navigator Websites products only to members with active subscriptions.  Official support is provided exclusively via our online support portal at https://support.navigatorsites.co.nz

Support is provided on a best effort basis and Navigator Websites makes no guarantees about time to response or resolution.

Service & Hosting Terms

Navigator Websites’s product is a customised website configured through WordPress and hosted through Navigator Websites. Upon payment of the Initial Fee we shall set up and customise the website for the Customer as per specifications. After initial development and customisation is complete and the site has been moved to the Customer’s primary domain, the Customer shall update and manage the content of their website through their WordPress administrative dashboard. 

All website designs and templates belong to Navigator Websites and may not be used elsewhere unless the design was originally owned by the customer and imported into the Navigator Websites system. We provide a fully managed service and full admin access of the website is not provided as we take care of all maintenance and updates.

The customised website shall only be hosted on our and our partners servers and cannot be transferred to a third party hosting provider. Navigator Websites reserves the right to restrict and control the use of, and application of any 3rd party plugins or products in use on the network. Navigator Websites does not guarantee or advertise flexible 3rd party product use within site environments. All 3rd party products in use on the network are carefully reviewed for compatibility, value and usefulness. Requests for features, plugins, updates or fixes may be submitted for inquiry through Navigator Websites support.

For a Navigator Custom site, Navigator Websites agrees to work with the Customer for two (2) rounds of revisions without incurring any additional fees. If the scope of the project changes, or work has to be ‘re-done’ (as in the case of a logo change, or in more general terms, a substantial modification to the original agreed upon scope of the project), Navigator Websites reserves the right to charge additional fees for labor incurred as a result. For Navigator Site customers, one (1) round of revisions will be included without incurring additional fees.

Please refer to Appendix A for a full list of work that falls outside the scope of Navigator Websites’ site setup process. Please refer to Appendix B for a schedule of labour rates.

We do not monitor the content of our Customer’s websites. However, you agree not to include in your customised website any content that infringes the intellectual property of anyone, including but not limited to copyrighted text, copyrighted images, and trademarks. Hosting includes 400Mb (megabytes) of storage space for text, documents and pictures.

Navigator Websites will ensure 99.9% website uptime for a given month. Scheduled maintenance time of less than five hours each month will not be counted towards the downtime guarantee.

Navigator Websites does not provide any email hosting solution but will ensure that existing email setups are configured and functional on the completed customised website. Navigator Websites shall maintain the right to display a link, including a linked image, to our websites, including but not limited to: https://navigatorsites.co.nz

Copyright and Content Ownership

Our customised websites shall only be hosted within our Navigator Websites’s servers. The customer is not entitled to transfer a customised website to another hosting provider.

The Service Provider claims no intellectual property rights over the material provided by the client to the Service.

The website content, photos, user data and materials uploaded remain to be the client’s property. However, by setting the pages to be shared publicly, client agrees to allow others to view and share the Content.

Client agrees to own the rights to publish any content supplied to Navigator Websites for the construction of the website and for any content you upload to the website.

The Service Provider does not pre-screen Content, but Navigator Websites and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is made available by the client via the Service.

The look and feel of the website Service is copyright ©Navigator Websites, All rights reserved. Client shall not duplicate, copy, or reuse any portion of this website without the express written permission of the Service Provider.

General Conditions

The subject headings of the articles and sections are for convenience only, and shall not affect the construction or interpretation of any of its provisions.

If any portion of this Agreement is found invalid or unenforceable, that portion shall be severed and the remainder of this Agreement shall remain in force.

This Agreement constitutes the entire Agreement between the service provider pertaining to its subject matter and supersedes all of our prior Agreements, representations, and understandings.

No waiver shall be binding unless executed in writing by the party making the waiver.

The client’s use of the Service is his sole risk. The service is provided on an “as is” and “as available” basis.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Navigator Websites customer, employee, member, or officer will result in immediate account termination.

The client understands that the technical processing and transmission of the Service, including its Content, may be transferred unencrypted and involve

  1. transmissions over various networks; and
  2. changes to conform and adapt to technical requirements of connecting networks or devices.
  3. You must not transmit any worms or viruses or any code of a destructive nature.

Navigator Websites does not warrant that:

  1. the service will meet your specific requirements;
  2. the service will be uninterrupted, timely, secure, or error-free;
  3. the results that may be obtained from the use of the service will be accurate or reliable;
  4. the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations; and
  5. any errors in the Service will be corrected.

Questions about the Terms and Conditions of Service should be sent to support@navigatorsites.co.nz.

Updated: 20 August 2019

Appendix A

The following is a list of work related tasks that is hereto defined as ‘outside the scope’ of an Navigator site setup.

Site Imports or Migrations – If the client requires that an existing site or content from an existing site be migrated into the Navigator website being created – this should be discussed / a strategy should be formulated beforehand. Some site migrations are more complicated than others and for those reasons every situation shall be treated as unique.

301 Redirects – 301 Redirects are considered Google ‘best practice’ when moving from one website host to another, and can be implemented to preserve most of the previous sites SEO while making the transition.

Extra Pages / Widgets / Sidebars / Custom Page Formatting – If the Client requires additional ‘specialty’ pages to be created and customised within the site – Navigator Websites will generally try to accommodate, however reserves the right to quote additional fees for high volume requests.

Appendix B

Data Entry Rate – NZD $60/hr

Defined as manual data entry.

General Labor Rate – NZD $100/hr

Defined as general labor that does not require knowledge of programming languages.

Landing Page Customization / Interior Page Design – NZD $125/hr

This is our general ‘design’ rate and includes landing page customisation.

Coding / Custom Work Labor Rate – NZD $150/hr

Defined as labor that requires knowledge of programming languages.