Terms & Conditions

1. Overview and Acceptance

These Terms and Conditions ("Terms") govern the provision of web development, software development, and related services by Ingeniix ("we", "us", "our") to clients ("you", "your"). By engaging our services or using our website, you agree to these Terms.

Key Principles:

• Clear communication and mutual respect
• Fair pricing and transparent processes
• Quality work delivered on time
• Reasonable terms that protect both parties

These terms are written in plain English. If anything is unclear, please ask before proceeding.

2. Services Provided

2.1 Service Types

• Web Development: Custom websites, web applications, e-commerce solutions
• Software Development: Custom applications, databases, integrations
• Consulting: Technical advice, project planning, code reviews
• Maintenance: Ongoing support, updates, hosting management
• Training: User training, documentation, knowledge transfer

2.2 Service Delivery

• Services are provided remotely unless otherwise agreed
• Work is delivered according to agreed specifications and timelines
• Regular communication and progress updates are provided
• Testing and quality assurance are included in development work

2.3 What's Not Included

• Third-party software licenses (unless specified)
• Domain registration and hosting (unless arranged separately)
• Content creation (text, images) unless specifically agreed
• Ongoing maintenance (unless under separate agreement)

3. Engagement Process

3.1 Initial Consultation

• Free initial discussion to understand your requirements
• No obligation to proceed after consultation
• Confidentiality respected from first contact

3.2 Proposal and Agreement

• Written proposal outlining scope, timeline, and costs
• Opportunity to discuss and refine requirements
• Formal agreement before work commences
• Changes to scope require written agreement

3.3 Project Phases

• Discovery: Requirements gathering and planning
• Development: Building according to specifications
• Testing: Quality assurance and bug fixing
• Delivery: Final handover and documentation

4. Pricing and Payments

4.1 Pricing Structure

• Hourly Rate: $120 + GST per hour (current rate)
• Fixed Price: Available for well-defined projects
• Retainer: Monthly arrangements for ongoing work
• All prices are in New Zealand Dollars and include GST where applicable

4.2 Payment Terms

• Small Projects (under $2,000): 50% upfront, 50% on completion
• Larger Projects: Staged payments aligned with milestones
• Ongoing Work: Monthly invoicing, 7-day payment terms
• Late Payments: Work may be suspended after 14 days overdue

4.3 Additional Costs

• Third-party services (hosting, licenses) billed at cost
• Travel expenses (if on-site work required) at cost
• Rush jobs may incur premium rates (discussed upfront)

4.4 Refunds and Cancellations

• Refunds available for undelivered work
• Completed work is non-refundable
• Cancellation requires 7 days written notice
• Cancellation fees may apply for work in progress

5. Intellectual Property

5.1 Client Ownership

• You own the final delivered work once fully paid
• This includes custom code, designs, and content you provide
• Ownership transfers on final payment, not before

5.2 Our Retained Rights

• General methodologies and techniques remain ours
• Reusable code components and frameworks
• Right to use project as portfolio example (with permission)
• Knowledge and experience gained

5.3 Third-Party Components

• Open source components remain under their original licenses
• Third-party services subject to their terms
• We ensure proper licensing for all components used

5.4 Confidentiality

• Your business information is kept confidential
• Non-disclosure agreements available if required
• We don't share client information with competitors

6. Responsibilities

6.1 Our Responsibilities

• Deliver work according to agreed specifications
• Meet agreed timelines (subject to client cooperation)
• Provide regular communication and updates
• Ensure work meets professional standards
• Maintain confidentiality of client information
• Provide reasonable support during development

6.2 Client Responsibilities

• Provide clear requirements and feedback
• Supply necessary content and materials promptly
• Make payments according to agreed terms
• Respond to requests for information in reasonable time
• Test and approve work at agreed milestones
• Maintain backups of important data

6.3 Delays and Changes

• Delays caused by client may extend timelines
• Scope changes require written agreement and may affect cost/timeline
• We'll communicate any issues that may cause delays

7. Warranties and Liability

7.1 Our Warranties

• Work will be performed with reasonable skill and care
• Delivered work will substantially conform to specifications
• We have the right to provide the agreed services
• Work will be free from material defects for 30 days after delivery

7.2 Limitation of Liability

To the maximum extent permitted by New Zealand law:

• Our liability is limited to the amount paid for the specific service
• We're not liable for indirect, consequential, or special damages
• We're not liable for loss of profits, data, or business interruption
• Nothing excludes liability for death, personal injury, or fraud

7.3 Consumer Guarantees Act

If you're acquiring services for personal use, the Consumer Guarantees Act 1993 may apply and cannot be excluded.

7.4 Third-Party Services

• We're not responsible for third-party service failures
• Hosting, domain, and external service issues are outside our control
• We'll assist with third-party issues but can't guarantee resolution

8. Support and Maintenance

8.1 Initial Support

• 30 days of bug fixes for delivered work (no charge)
• Basic usage guidance and documentation
• Assistance with initial setup and deployment

8.2 Ongoing Support

• Available under separate maintenance agreements
• Ad-hoc support charged at standard hourly rates
• Response times depend on support level chosen

8.3 Updates and Security

• Security updates recommended and available
• Feature updates and enhancements quoted separately
• Client responsible for keeping systems updated

9. Termination

9.1 Termination by Client

• 7 days written notice required
• Payment due for all work completed to date
• Partial refund for undelivered work (if prepaid)
• Handover of completed work upon final payment

9.2 Termination by Us

• Immediate termination for non-payment (after 14 days overdue)
• 7 days notice for other material breaches
• Refund of any prepaid amounts for undelivered work

9.3 Effect of Termination

• All outstanding invoices become immediately due
• Confidentiality obligations continue
• Completed work ownership transfers upon final payment

10. General Terms

10.1 Governing Law

• These terms are governed by New Zealand law
• New Zealand courts have exclusive jurisdiction
• Disputes will be resolved in Invercargill or Dunedin courts

10.2 Changes to Terms

• Terms may be updated from time to time
• Changes apply to new engagements after the update date
• Existing projects continue under original terms

10.3 Severability

• If any term is invalid, the rest remain in effect
• Invalid terms will be replaced with similar valid terms

10.4 Force Majeure

• Neither party liable for delays due to circumstances beyond reasonable control
• Includes natural disasters, pandemics, government actions
• Obligations resume when circumstances permit

11. Dispute Resolution

11.1 Informal Resolution

• Direct communication to resolve issues first
• Good faith effort to find mutually acceptable solutions
• Most issues can be resolved through discussion

11.2 Mediation

• Mediation through Resolution Institute (if needed)
• Costs shared equally between parties
• Faster and cheaper than court proceedings

11.3 Legal Action

• Court proceedings as last resort
• Disputes Tribunal for claims under $30,000
• District or High Court for larger claims

12. Contact Information

Questions about these terms? Please contact us before engaging our services. We're happy to clarify any points or discuss specific requirements.

These terms are designed to be fair and clear. They protect both parties while enabling great work to be delivered efficiently.