Updated: 10th August, 2018
For the purpose of these Terms and Conditions, where Vision Digitalis mentioned, it is deemed as Vision DIgital, trading as Web Care Plans.
REGISTRATION/CANCELLATION/PAYMENT/BILLING
Each client must nominate what website is associated with the plan upon signing up for services to be provided by Vision Digital. If a client has multiple websites that they wish to be serviced by Vision Digital, the client must register each website individually for each plan.
The client understands that all prices and monetary values are quoted in New Zealand Dollars (NZD$), and how much each client is actually charged is dependent on the exchange rate at the time of purchase/charge.
You give authority for Vision Digital to make regular charges to your chosen payment method. Unless otherwise agreed to, these payments will be made once each month and each payment will be made for services to be provided by Vision Digital for the following month.
If, for any reason, Vision Digital is unable to receive payment from you for any month, it will be deemed that you have cancelled your plan, and the provided services will cease operating. If you are unable to make a monthly payment, and we have deemed that you cancelled your plan, you may send an email to Vision Digital to have your plan re-instated.
You may cancel your plan at any time. Upon cancellation of your plan the client is able to request the handover of all website access data from Vision Digital to the client themselves.
To cancel your plan, you may simply put your request in an email and send it to [email protected], once your request has been received, we will cease any further payments/charges being made to your requested payment method.
If you decide to cancel your plan, or discontinue receiving services from Vision Digital you agree to forfeit any remaining days of provided services in the time period that you had previously paid for
SERVICING HOURS
The number of free website servicing hours stated on each plan indicates that you may use Vision Digital to work on maintaining the registered website for any length of time which is up to, and including, the number of hours that is listed.
If the client does not use the maximum amount of free hours allotted to them in their specific plan for any month, the remaining hours are forfeited and can not be used in any subsequent months.
The client agrees to make all reasonable attempts to place a request for the use of the free hours of website servicing within 5 days prior to the end of their billing cycle. The client understands that if a request to use the free hours of website servicing is made within 4 days of their billing cycle ending, Vision Digital reserves the right to deny the client use of the free hours for that month, subject to availability of remaining hours in that month.
All free website servicing hours are calculated in 15 minute blocks, meaning that any servicing that took between 0 – 15 minutes would equal only 15 minutes being deducted from their free web servicing hours, and any servicing that takes between 16 – 30 minutes will equate to a total of 30 minutes being deducted from their free web servicing hours. All extra website servicing is charged at the agreed rate, according to the plan chosen by the client, but is broken down into 30 minute blocks. Meaning, if a clients chosen plan allowed them extra website servicing at a rate of $100 per hour, but the servicing requested took between 0 – 30 minutes to complete, the client would be only charged for 30 minutes of servicing, and invoiced for only $50.
All actions completed by Vision Digital on behalf of, or at the request of, the client, which are in addition to he services outlined in the plan you have paid for, are deemed to be website servicing and are subject to the website servicing conditions.
INVOICING
Clients will be issued an invoice for all hours of web servicing completed. Both free and paid for website servicing hours will be issued as an invoice to the client. Any free website servicing that is invoiced will be clearly marked as “free” and the client will not be charged for these free hours. The invoice will be sent so that both Vision Digital, and the client have a record of exactly how many free hours have been used, and how many free hours are left for any specific month.
All extra website service that needs to be paid for will be invoiced to the client within 3 working days, at the end of each billing cycle.
Invoices for any extra website servicing hours are to be paid within five (5) weekdays. If a client fails to pay any invoice within five (5) weekdays from when they invoice was sent, a $50 penalty will be paid by the client, on top of the amount stated in the invoice.
MAIN PLAN FEATURES
All website backups will take place one every month and all backups are stored offsite to reduce the risk of data loss and to increase security for the client. The client does not have access to this data until their service is cancelled and a request for backup data is made within 30 days of the client cancelling their subscription.
When a client is entitled to receive access to one (1) premium theme they can choose any one (1) theme they wish to be paid for at the expense of Vision Digital and Vision Digital retains the ownership of the premium theme.
Vision Digital, will take reasonable steps to secure the website, on eligible plans, from vulnerabilities. This can include, but is not limited to regular updates of security plugins, regular core platform updates, adding extra login authentication methods, and keeping your records private. Vision Digital will monitor any account activity they are made aware of that seems suspicious and will endeavor to notify the client if they feel that there is cause for concern. The client understands it is not possible to cover all potential security threats. The client agrees to take all reasonable security measures and that the release of any information that may compromise the security of their website is done so at the risk of their website security. The client also acknowledges that Vision Digital can not be held accountable for any potential unlawful access/attack on their website.
By subscribing to a Web Care Plan, the client agrees that Vision Digital may use their business name and/or logo in promotional material that includes, but is not limited to, placement on the Vision Digital website, and any/all online marketing or advertising. The client also agrees that this allowance does not cease if the client decides to cancel their subscription, and Vision Digital retains permission to use this information for promotional use even after the client has cancelled their subscription to a Web care Plan and/or is no longer a client of Vision Digital.
For websites on eligible care plans, Vision Digital agrees to put in place anti-spam measures in an attempt to limit the ability of potential spammers on their website. Vision Digital will endeavor to discuss with the client about the preferred method of combating spam and will take instructions from the client, regardless of what Vision Digital, trading as Web Care Plans, considers to be best practice.
The client agrees that if any spam is received through the website contact form or comments sections, it is the clients responsibility to inform Vision Digital of this. The client also understands that Vision Digital can not be held responsible for any failure of anti-spam measures if the client does not advise Vision Digital of any spam that manages to get through the anti-spam measures.
Vision Digital does not take any responsibility for spammers who send emails to the client directly due to the client showing their email address as general information on their website.
You agree and accept that you will be assigned a dedicated account manager. You agree and accept that while Vision Digital will endeavor to assign you to one (1) dedicated account manager for the entirety of your subscription to its services, the individual who is assigned to your specific website is subject to change at any stage, depending on staff numbers and the business needs of Vision Digital.
If the client already has access to website analytics before subscribing to an eligible Web Care Plan, the client agrees that to make use of the “Analytics Audit” service, the client must handover access to their analytics account to Vision Digital. If the client does not already have website analytics set up, Vision Digital agrees to provide the client with access to third party website analytics.
The client accepts that due to the number of variables that can impact on the results of any analytical audit, Vision Digital can not be held responsible for any website analytics results that the client deems to be sub-optimal. The client accepts and agrees that there is no expectation that Vision Digital will perform any marketing of the clients specific website, and this job remains the sole responsibility of the client themselves to organise. Vision Digital, trading as Web Care Plans, will perform a website analytics audit once per month, as long as the client remains subscribed to an eligible service of Vision Digital, trading as Web Care Plans. Any information provided in a website analytics audit is based on data provided by the third party analytics provider, and Vision Digital, trading as Web Care Plans, can not be held responsible for the accuracy, or inaccuracy, of the data.
DOMAIN/HOSTING/SSL
For the purchasing, maintenance, and renewal of the client two (2) standard domain names, web hosting, and SSL certificate, Vision Digital agrees to incur these costs, if the client is eligible to have these added as part of their plan.
The client agrees that the choice of names for the two (2) standard domain names is limited to what is available at the time, and that Vision Digital will not place bids and/or make any offers on domain names that aren’t available at the time of request.
Vision Digital agrees to maintain and liaise with the relevant domain registrar, and web/SSL hosts if there is ever a requirement to do so, and to renew these services, at its own expense once a year, as long as the client is still subscribing to an eligible plan at the time that renewal is required. Vision Digital will make all reasonable efforts to contact the client if maintenance and/or liaising is required as this is considered website servicing, but in the case that reasonable efforts have been made and the client has not replied, or is not able to be reached, Vision Digital will liaise with the relevant service providers and invoice the client for the website servicing completed.
The client agrees to take all care when choosing the two (2) standard domain names, and is responsible for their spelling of the domain names when instructing Vision Digital to make the purchase.
Clients that subscribe to an eligible plan agree that the free hosting and SSL certificate allows for costs to be covered up to the value of a basic hosting plan and basic SSL certificate only. For all new websites on an eligible plan, Vision Digital will purchase web hosting and SSL certificate for the client, and maintain this. If the client has existing web hosting and/or SSL Certificate, the client agrees to provide Vision Digital with the details of this to allow the maintenance of this on behalf of the client. If the client requires greater web hosting and/or SSL certificate needs than what is covered by the eligible plan, Vision Digital will invoice the client for the full amount of the hosting/SSL certificate plan, minus (-) the portion that is covered by Vision Digital.
THIRD PARTY
You accept and agree that Vision Digital uses third party providers to hand registrations, cloud data storage, payments, billings, website analytics, domain names, web hosting, SSL Certificates, and anti-spam measures.
You accept and agree that any potential holding charges placed on your credit card, debit card, or bank account by a third party are not the responsibility of Vision Digital and come under the operating terms and conditions of the third party which has placed such a charge.
By accepting this, you agree that Vision Digital cannot be held liable for any changes to third party terms and conditions of use, downtime, availability, or accuracy of data. You also agree that Vision Digital is not liable for any hidden charges or fees incurred through your choice to use any of these third party services, such as credit card, payment gateway, bank, or currency conversion fees.