Updated - 18/09/2024

  1. GENERAL

These Terms and Conditions shall apply to the provision of all of WNJ Tech’s services.

  1. INTERPRETATION

In these Terms and Conditions and in any Contract to which these terms and conditions apply unless the context otherwise requires:

  1. Conditions mean these Terms and Conditions to be read and construed with each Estimate/Quotation provided by WNJ Tech;

  2. Client or Customer means the purchaser of products and/or services from WNJ Tech. If the Client(s) comprises more than one person, each of those person’s liability and agreement is joint and several.

  3. Where the Client is a trust, the trustee's liability shall not be limited to the assets of the trust; Contract means an agreement between the Client and WNJ Tech comprising of the

  4. Estimate/Quotation and the Conditions and any variation agreed to in writing by WNJ Tech; Products and services mean the products sold by WNJ Tech to the client;

  5. Unless WNJ Tech and the Client otherwise agree in writing:

    1. In the event of any conflict arising between these Conditions and any agreement or contract these Terms and Conditions shall prevail; and
    2. Estimates/Quotations by WNJ Tech remain open for acceptance for 30 days from the date of the Estimate or Quotation.

  6. INTERPRETATION

No contract shall come into existence until the Client’s order has been accepted by WNJ Tech. The Client may place an order by either:

  1. Accepting the Estimate or Quotation via WNJ Tech’s website, by telephone, by email, in person or in writing; or

  2. Paying the deposit (if any) referred to in the Estimate or Quotation; or Communicating its order to WNJ Tech in a manner otherwise than in accordance with (a) above.

  3. The client cannot cancel a contract after an order has been accepted by WNJ Tech and is bound to pay the estimated or quoted price.

  4. PAYMENT

    1. Unless otherwise agreed in writing, prices are estimated and quoted in New Zealand Currency and shall be exclusive of GST.
    2. WNJ Tech reserves the right to require the Client to pay for Products and/or Services prior to their supply.
    3. Unless otherwise agreed in writing, the Client will be invoiced a 50% deposit for the agreed scope of work. Payment of deposits shall be made within seven (7) days following the date of invoice and this payment is required before work commences. The remaining will be invoiced once the scope of work has been completed and payment of invoices shall be made within fourteen (14) days following the date of invoice.
    4. In the case where the work is ongoing and/or recurring (past the end of any month) unless agreed in writing, invoices will be issued at the end of the month and are payable within fourteen (14) days of the date of that invoice.
    5. If the Client does not pay their account by the due date and has not entered into any payment arrangement (which is at WNJ Tech’s sole discretion), WNJ Tech reserves the right to stop working for the Client immediately and will not be liable to the Client for any loss that they may suffer as a result of such discontinuance.
    6. WNJ Tech reserves the right to correct any typographical or clerical errors contained in the prices or specifications.
    7. Time for payment is of the essence and, without prejudice to any other rights of WNJ Tech, if the Client fails to pay any sum payable pursuant to any Contract when due:
      1. WNJ Tech may treat the Contract as repudiated by the Customer or may until payment in full is made, suspend delivery of services without incurring any liability whatsoever to WNJ Tech;
      2. The Client shall (if so required by WNJ Tech) pay interest to WNJ Tech at the default interest rate of fourteen percent (14%) per annum. Interest shall be payable daily until the date when the payment is received; and
      3. The Client shall be liable for all the expenses and costs (including indemnity legal costs) in relation to WNJ Tech enforcing or attempting to enforce a Contract or these Terms and Conditions.

  5. DEFAULT

In the event that:

  1. The amounts payable by the Client to WNJ Tech are overdue, or the Client fails to meet any other obligation to WNJ Tech, under this or any other Contract or agreement or in WNJ Tech’s opinion the
  2. Client is likely to be unable to meet any payment or other obligations to WNJ Tech; or the Client becomes insolvent, has a receiver appointed in respect of all or some of its assets, makes or is likely to make an arrangement with its creditors or has a liquidator (provisional or otherwise) appointed or is placed under statutory or official management; or
  3. The Client no longer carries on business or threatens to cease carrying on business; or
  4. The ownership or effective control of the Client is transferred or the nature of the Client’s business is materially altered; then

WNJ Tech shall be entitled to cancel all or any part of any Contract with the Client which remains unperformed, in addition to and without prejudice to its other remedies; and all amounts outstanding under this Contract or any other

  1. INTELLECTUAL PROPERTY

    1. Unless otherwise agreed, WNJ Tech shall retain copyright and intellectual property rights in all documents, reports, records, media, electronic files, drawings and designs prepared for and on the Client’s behalf.
    2. The Client will be entitled to use the documents and any copies for the purposes for which they were intended however, unless otherwise agreed, the Client (or any other person or entity) is not permitted to make use of, or modify, any such document for any other purpose without WNJ Tech’s agreement in writing. Concepts not chosen will remain the property of WNJ Tech.
    3. On completion and full payment of branding projects, the intellectual property rights of the Client’s logo design will transfer to the Client.
    4. Where WNJ Tech provides access to design files, access will be provided in PDF, JPG or PNG format.
    5. Access to design files in other formats may incur additional costs for the Client. Trademarking is the sole responsibility of the Client.

  2. LIMITATION OF LIABILITY

    1. The Client agrees that WNJ Tech will not be liable for any indirect or consequential damages, including but not limited to, loss of profits or for any claim made on the Client by any other party, even though WNJ Tech may have been notified of such damage or claims. In particular, WNJ Tech shall not be liable for any loss or damages arising, either directly or indirectly, from search engine rankings or social media marketing, including but not limited to any losses resulting from changes in search engine rankings, the closure of social media accounts and non-compliance with social media provider guidelines.
    2. WNJ Tech shall not be liable to the Client for any loss or damage directly or indirectly arising out of or in connection with any delay in delivery of the goods or failure to perform its obligations to the Client where such delay or failure is caused directly or indirectly by the Client (for example, by changing its requirements, not providing timely feedback or approval of proofs) or by an act of God, armed conflict, labour dispute, civil commotion, intervention of a government, inability to obtain labour, materials or manufacturing facilities, accidents, interruptions of, or delay in, transportation, weather conditions or any other cause beyond WNJ Tech’s control.
    3. The Client agrees to defend, indemnify and hold WNJ Tech harmless from and against any and all claims, losses, liabilities and expenses (including legal costs) related to or arising out of the services provided by WNJ Tech to the Client, including without limitation claims made by third parties (including the Client’s customers) related to any false advertising claims, liability claims for products or services sold by the Client, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided by WNJ Tech, or for any content submitted by the Client for publication by WNJ Tech.
    4. If, despite the above, WNJ Tech is found to be liable to the Client, then its liability for any single event or series of related events is limited to the fees paid by the Client to WNJ Tech for those particular services.
    5. Due to the public nature of the Internet, all material submitted by the Client for publication will be considered publicly accessible. WNJ Tech does not screen in advance any Client material submitted to WNJ Tech for publication. WNJ Tech’s publication of material submitted by the Client does not create any express or implied approval by WNJ Tech of such material.