Studio Madfish

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THIS AGREEMENT is between Studio Madfish Limited ("Studio Madfish Limited") and you ("Client").

 

A.  WHEREAS, Studio Madfish Limited provides website design, graphic design, database design, hosting and/or consulting;

 

B.  WHEREAS, Client desires Studio Madfish Limited to provide website design, graphic design, database design, hosting and/or consulting;

 

Studio Madfish Limited (referred hereinafter as 'Studio Madfish Limited', 'SM', 'our', 'we' and 'us') is an Internet solutions firm, including website design, graphic design, database design and consulting located in New Zealand.

 

All accounts utilising any service provided by Studio Madfish Limited are subject to the Service Terms described in this document.  This agreement supersedes any written, electronic or oral communication you may have had with Studio Madfish Limited or any agent or representative thereof, and constitutes the complete and total agreement between the parties.

 

Our Service Terms define what is acceptable regarding any usage of our servers and/or other business with us.  It also defines what is expected of you, the Client, as well as what you can expect from us.  This policy is in place to protect our Clients who do business with us as well as those who maintain their own websites.  Under the terms of this agreement, the execution of the original contract and/or your placement of information on our servers is an acknowledgement that you have read, understand, and agree to the Service Terms below.  If you do not agree with any part of this document, please, find another service provider.

 

1.  OWNERSHIP OF ARTWORK

 

Until full payment has been made, Studio Madfish Limited retains ownership of all original artwork or parts contained therein, whether preliminary or final. Upon full payment, the Client shall obtain ownership of the final artwork to use and distribute as they see fit. Studio Madfish Limited retains the right to use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes, marketing materials, and portfolio.  The Client will not be given any necessary credit for usage of the project, if applicable.

 

2.  USER CONDUCT

 

Our services may only be used for lawful purposes - any use of these services which violates any laws which may apply to Studio Madfish Limited, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited.

 

This means that while using the service, you may not:

 

  • Post or transmit any unlawful, threatening, abusive, defamatory, obscene, libellous, offensive, indecent, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offensive, give rise to civil liability, or otherwise violate any law and restrict or inhibit any other user from using and enjoying the Internet.

 

3.  PRODUCTION SCHEDULE/DELIVERY OF PROJECT

 

Unless specified, there is not stated completion date.  In other words, the completion of work done for the Client is negotiable.  Studio Madfish Limited shall not incur any liability or penalty for delays in the completion of the project due to actions or negligence of Client, unusual transportation delays, unforeseen illness, or external forces beyond the control of Studio Madfish Limited. If such event(s) occur, it shall entitle Studio Madfish Limited to extend the completion/delivery date, by the time equivalent to the period of such delay.

 

4.  THIRD PARTY OR CLIENT MODIFICATION OF SITE

 

Once this project is completed, it becomes property of the Client.  The Client may authorize other individuals or companies to make modifications to the project.  If the Client does employ another entity to modify this site and needs Studio Madfish Limited to make corrections, the Client will be billed at our normal hourly studio rate.

 

5.  RUSH

 

Any work that is required to be done on weekends or holidays to satisfy the Client constitutes a RUSH and will be charged in addition to the stated quote.  Please contact Studio Madfish Limited for the current rush rate.

 

6.  THIRD PARTY SHIPPING

 

In the event any material necessary for the production of the project must be shipped to a third party for additional processing, typesetting, photographic work, color separation, press work, or binding, Studio Madfish Limited will incur no liability for losses incurred in transit, or due to the delay of the shipper of the third party.  Studio Madfish Limited will bill any additonal shipping/proofing charges or any charges that may occur directly to the client.

 

7.  PROOFING OF FINAL PROJECT

 

Studio Madfish Limited shall make every effort to ensure the final product is free of any grammatical and spelling errors, before giving the final product to the Client. It is agreed that it is the Client’s responsibility to ensure that there are no spelling or grammatical errors contained in the final product. It is agreed that Studio Madfish Limited is not responsible or held liable for any errors contained in the final product after the final product has been committed to print or posted in view of the public.

 

8. SPAM POLICY

 

Studio Madfish Limited has a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network.  Simply put, this means that Clients of Studio Madfish Limited may not use or permit others to use our network to transact in UCE. Clients of Studio Madfish Limited may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

 

Violation of Studio Madfish Limited’s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Studio Madfish Limited will initiate an immediate investigation (within 48 hours of notification). During the investigation, Studio Madfish Limited may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Studio Madfish Limited may, at its sole discretion, restrict, suspend or terminate customer's account. Furthermore, Studio Madfish Limited reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Studio Madfish Limited will notify law enforcement officials if the violation is believed to be a criminal offence.

 

First violations of this policy will result in an "Administrative Fee" of NZ$500 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of NZ$1000 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed NZ$200 per hour that Studio Madfish Limited personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.

 

9. INDEMNIFICATION

 

Studio Madfish Limited shall not be responsible for any claimed damages, including incidental and consequential damages, and/or loss of sales which may arise from Studio Madfish Limited servers going off-line or being unavailable for any reason whatsoever. Further, Studio Madfish Limited shall not be responsible for any claimed damages, including incidental or consequential damages, and/or loss of sales resulting from the corruption or deletion of any website from one of Studio Madfish Limited servers or the delay in completion of the project.

 

10. REFUSAL OR DISCONTINUATION OF SERVICE

 

We reserve the right to refuse, cancel or suspend service without notice, at our sole discretion. Our decision will be final.  Studio Madfish Limited may deny you access to all or part of the service without notice if you engage in any conduct or activities that Studio Madfish Limited in its sole discretion believes violates any of the Service Termsin this agreement. You agree that Studio Madfish Limited has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers.

 

11. NO WARRANTIES

 

Studio Madfish Limited makes no warranties or representations of any kind for the services being offered. The service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by Studio Madfish Limited or its agents or employees shall create a warranty. Studio Madfish Limited provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall Studio Madfish Limited be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance. If you are dissatisfied with Studio Madfish Limited service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the service.  You understand that by placing information on Studio Madfish Limited servers that such information becomes available to all Internet users and that Studio Madfish Limited has no way of limiting or restricting access to such information or protecting such information from copyright infringement. You assume total responsibility and risk for your use of Studio Madfish Limited servers and the Internet.

 

Your use of the service is at your sole risk. Studio Madfish Limited is not responsible for files and data residing on your account.

 

You agree not to interfere with the operation of the system. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to adhere to system policies as published by Studio Madfish Limited, including restrictions on services available with each service type, restrictions on certain features, and all other policies.

 

12. ACCOUNT HOLDER IDENTIFICATION INFORMATION

 

You agree that you as the person legally responsible for all use of this account are at least 18 years of age. If you are under 18 years of age, you need to have parental consent in order to sign up, and the account must be ordered by a parent or guardian, in his or her own name. You agree to supply Studio Madfish Limited with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us, and you understand and agree that we have an obligation to fully investigate any possible fraudulent credit card use.

 

13.  DOMAIN REGISTRATION TERMS AND CONDITIONS

 

Domain name registration services are provided if need be by Studio Madfish Limited.  If we do register a domain name(s), we cannot be held responsible for any infringements against registered trademarks and further to this, the registrant of any such Domain name infringement will indemnify Studio Madfish Limited against any responsibility for such infringements of trademark. By registering a domain name using our service the registrant agrees with all of our Service Terms.

 

  • Domain name registration fees are non-refundable in any circumstances, once we have processed a Domain name, it is irreversible.
  • Domain names will be automatically renewed unless cancellation is requested 7 days prior to the domain name expiration.

 

In addition to these terms of registration, all domain name registrants are bound by the policies, terms and conditions implemented by ICANN and the .nz Domain registry (Domainz). These policies, terms and conditions can be found here: http://www.icann.org and http://www.domainz.net.nz.

 

14.  PAYMENT OF ALL FEES & LATE FEES

 

You agree to supply appropriate payment for the services received from Studio Madfish Limited, in advance of the time period during which such services are provided. You agree that until and unless you notify Studio Madfish Limited of your desire to cancel any or all services received, those services will be billed on a recurring basis.  Payment is due upon receipt of any and all bills provided by Studio Madfish Limited.

 

If your payment is not received within 30 calendar days, you will be charged a $35 late fee.  If your bill is 60 days past due, you will be charged a $50 late fee.  If your bill is 90 days past due, you will be billed an additional $50 late fee and your account will be sent for collection.  Any and all collection fees are the responsibility of you and will be passed on to you.

 

15. OVERDUE HOSTING ACCOUNTS

 

Service will be suspended on accounts that reach 7 days past due.  Services interrupted due to lack of payment may be subject to a NZ$100.00 reconnect fee for each account. If we do not receive payment after a further 7 days, the account may be cancelled. Such termination will not relieve Client of responsibility for the payment of all accrued charges. We may use a 3rd party to recover any unpaid fees incurred during the period of service provided, plus reasonable interest and any collection fees.

 

16. REFUNDS FOR SERVICES

 

No refunds will be issued under any circumstances.

 

17. DATA TRANSFER AND DISK SPACE USAGE

 

Client agrees that Data Transfer (bandwidth) and Disk Space Usage shall not exceed the number of megabytes (MB) per month for the Services ordered by you.  The Studio Madfish Limited hosting system automatically suspends accounts, which exceed the bandwidth limit.  Bandwidth usage can be found in your Control Panel and should be monitored. Bandwidth is reset at the beginning of each service period.  You may upgrade your plan at any time to prevent your website from exceeding its set bandwidth limit.

 

18. COMPENSATION - DATA STORAGE - BACKUP - SERVICE

 

In the unlikely event of data or service loss, no compensation will be payable by Studio Madfish Limited or any persons connected with Studio Madfish Limited for any loss of service, data, earnings or other losses, due to any hardware failure or loss of service from our server.

 

We carry out weekly backups of server data, this data is then copied and transferred to another server or hard drive. This does not mean that we are responsible for the safe storage of our Client's data; we carry out this service as a good working practice. If loss of data occurs due to an error of Studio Madfish Limited, Studio Madfish Limited will attempt to recover the data at no charge to the Client.

 

It is the Clients’ responsibility to maintain local copies of their website content.   If data loss occurs due to negligence of Client in securing their account or by an action of the Client, Studio Madfish Limited may attempt to recover the data from the most recent archive for a NZ$150.00 fee.

 

Faults should be reported to info@studiomadfishblablabla.com immediately.

 

19. TECHNICAL SUPPORT

 

Studio Madfish Limited provides technical support to our Clients. We limit our technical support to our area of expertise. The following are our guidelines when providing support: Studio Madfish Limited provides support related to your website hosting or functioning.

 

  • We do not offer tech support for application specific issues such as CGI programming, Cold Fusion, ASP, .NET, PHP, MySQL, Microsoft SQL or any other programming/database application. Studio Madfish Limited does not provide technical support for YOUR Clients or employees.

 

20. CANCELLATION OF ACCOUNTS

 

If you no longer need Studio Madfish Limited services, then you agree to take the proper actions to cancel your account.  All requests for cancelling accounts must be emailed to info@studiomadfishblablabla.com with at least 15 days notice. You must include your username and password in your cancellation email.  If we do not receive your username and password, we will not cancel your account and you will be responsbile for continued costs assocatied with your account.

 

21. PRIVACY

 

All correspondence and documents provided will be treated as confidential between the Client and Studio Madfish, unless consent has been granted by both parties involved.  No information provided by you to us is sold to any outside 3rd party for any reason, EVER.

 

22. DISPUTE CLAUSE

 

In the event of a dispute, claim or difference arising out of or in connection with the contract for services by Studio Madfish Limited, including any question regarding its existence, validity or termination, the parties shall first seek amicable settlement of the dispute by mediation. If the dispute, claim or difference is not resolved by mediation within 21 days of the notice of the dispute being issued by one of the parties to the contract, it shall be determined by arbitration under the Arbitration Act 1996. Studio Madfish Limited or a representative of Studio Madfish Limited, reserve the right to choose the arbitrator for the purposes of resolving the claim or difference. In the event of domestic or international claims or differences, the governing substantive law of the contract shall be the law of New Zealand.

 

23. AGREEMENT ACKNOWLEDGEMENT

 

This agreement supersedes any written, electronic, or oral communication you may have had with Studio Madfish Limited or any agent or representative thereof, and constitutes the complete and total agreement between the parties.

 

Failure to follow any term or condition listed above will provide Studio Madfish Limited grounds for the immediate account deactivation of the offending account holders site, further, without refund of any payment made to Studio Madfish Limited. We will also report abuse of any kind to the relative authority and seek legal action if required.

 

These Service Terms are subject to change, it is the responsibility of the Account holder or registrant of our services to read and accept these conditions, before using any of our services. By obtaining and using any of our services, the Client is stating that they agree with all of our Service Terms and understands them fully. This Service Terms page of our website shall be legally binding and applies to all Clients at all times - the most recent published information here applies to all Clients - existing and new.

 

 

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