123 Online > Terms and Conditions

123 Online Ltd Terms & Conditions of Trade

We know you're busy, so we've tried to keep our terms and conditions relevant, clear, and easy to understand. Feel free to contact us if you have any questions.

Definitions

123 Online Ltd is referred to as 123 Online, We, Us, Our

The Client is referred to as The Client, You, Your

Our Responsibilities

123 Online commits to:

Provide the client website design, development and website hosting services that perform the functions detailed under the agreed package and additional functionality sections of the project information
To perform all services in a timely, professional manner
To respond to all client queries in a timely and professional manner
To provide a quote or estimate, before undertaking any additional work required to complete the website that has not been agreed on and stated in the project information
To employ our best efforts to remedy any functional issues after the website is built

Your Responsibilities

Website design is a collaborative effort. As a client, you commit to:

Promptly reply to our requests for logos, branding, images, and other information we require to complete your website
Follow our instructions relating to the formats we require this information so we can work with it effectively
Promptly respond to our requests for feedback and approval of design concepts
Ensure any employee or agent of your company dealing with us is authorised to make decisions relating to the website, on behalf of your company
Be responsible for making 123 Online fully aware of their website functionality requirements prior to commencing their project.

The client must ensure these requirements are listed in the project information under the package functionality, or quoted under the
additional functionality. 123 Online will not be obligated to undertake any additional functionality requests that are not listed in the project information. If additional functionality requirements come to hand after the project has commenced, and they are within the technical scope of 123 Online's ability, they will be quoted on and agreed to before work on these aspects will commence.

Website Design

Your website will be based on the template detailed in the project information. Any change in template after the project is under way will incur an additional charge.
Included with your website package, your website concept can be revised up to three times if necessary. If any further revisions are required, these will be done at $100 per hour.
Once the design concept is approved, any additional design changes needed, will be done at $100 per hour. Any additional functionality or programming tasks will be done at $100 per hour. Approvals can be made verbally or in writing.
Once the website has been built, you will be able to log in and begin to add content to the website through the Content Management System (CMS). Alternatively, if you prefer, you may provide us with your content to load for you. This will be done at $100 per hour.
A discreet 'website designed by 123 online' message will be placed in the footer of the website. We may choose to feature the website in our portfolio to showcase our work.
Your website will function correctly on all of the latest versions of the most popular web browsers provided all relevant technologies are installed. Popular browsers are Internet Explorer, Firefox/Mozilla, Chrome and Safari. Internet Explorer versions 6 and 7 are not supported. The appearance of your site may differ slightly from browser to browser, due to the way the browsers render content. If you wish to optimise how your website displays on smart phones such as iPhones, or devices like iPads, we can do so at $100+gst per hour. The back-end of your website (CMS) is guaranteed to work correctly on Firefox/Mozilla.
123 Online takes no responsibility whatsoever for issues relating to copyright infringement based on text, images or any other material provided to us, and will act on the instruction of the client. It is the client's responsibility to take reasonable steps to ensure the content they provide is not under copyright. If it is found that we have been supplied with materials under copyright and are instructed by court authority to take the content down, we will of course comply. The client will absorb all costs related to copyright infringement, including development time to comply with court requests.
If you wish to integrate any third party software with your website, 123 Online takes no responsibility whatsoever for issues relating to the suitability, functionality, or compatibility of that software with the website. You will not expect 123 Online to perform any third party software integrations as part of their service.
All photography and graphics for the website are to be supplied by the client at the client's expense. Any photography or graphics already in the template can be included free of charge.
123 Online is not responsible for obtaining listings for your website on google, or other search engines. This is a separate field from web design, called search engine optimisation (SEO). If you need help with SEO we can put you in touch with someone who can help.
Every Enterprise Package website (built from 01/07/2011) comes with drop down menu buttons. When you add a sub page in the CMS, these will appear automatically under your menu tabs. The sub-menu be stylised to your font size and colour options, but there will be no hover animation effects, even if the selected tempalte has these.
Due to our volume structure, we've found it most efficient and effective to work remotely with all our clients regardless of their location. The client understands and accepts that all communication with 123 Online will be of a remote nature (teleconference, screen sharing and email versus face-to-face).
The website design will be based around the template selected in the project information. For information websites (versus Ecommerce) the template will be used as a starting point create the front end design only. None of the template content areas will be included in the website 123 Online produces. This includes, but not limited to search boxes, content layouts, image galleries and online forms. The content area of the template will be integrated with the 123 Online Content Management System (CMS) and function as in the video tutorials section at www.123online.co.nz/support
The background of the site will appear differently from computer to computer, based on the resolution that is set. Our websites are optimised to show on the majority of computers with no scroll bar appearing, forcing the viewer to scroll left and right. Computers with a resolution less than 1024px by 768px will unavoidably show a scroll bar. The maximum resolution catered to is 1920px by 1080px. This is usually achieved by using one background image. Upon request, we can have a repeating background pattern instead, which helps with load speed but does not allow for as much design flexibility. We cannot combine methods of using a background image and repeating pattern.
Colours differ from computer to computer, based on individual visitors' colour and monitor settings. Likewise, colours may appear differently when viewed on mobile devices.
Fonts may appear different from browser to browser, based on browser settings, computer settings, or the due to limitations of the browsers themselves.

Website Hosting

123 Online will be responsible for website hosting, to ensure the server is compatible with your Content Management System (CMS)
Included with this service, you will also receive Content Management Support if you need guidance or help updating your website in future. You'll receive this support free of charge for up to 30mins per month, and $100 per hour thereafter.
Website hosting will be charged at the price quoted in the project information, paid monthly by Direct Debit, or annually in advance via bank transfer. Non payment of web design services or web hosting fees may result in the suspension of your hosting account until payment is made.
Website hosting payments will begin once the design concept is approved, and the website gets loaded on the server for coding. Payments will fall on either the 1st or 15th of the month.
A copy of your website's front-end can be provided on request, to provide added security and peace of mind in the unlikely event that 123 Online was unable to continue hosting the website. As the CMS 'lives' on 123 Online's server, we cannot give a copy of the CMS on request, nor can we give FTP or template access to the site.
A fair use policy is in place for disk space and bandwidth usage. 1GB disk space and 4GB bandwidth per month is considered fair use (the average site with 123 Online uses under 100MB disk space and under 200MBs of bandwidth). Each GB of exceeded disk space usage or bandwidth usage will incur a $10 charge per month. For high bandwidth users, if you require more than an additional 5GB, each additional GB of bandwidth is reduced to $5 per GB. Disk usage is set at $10 per GB after the first free GB.
123 Online will make all reasonable efforts to ensure website loading speed and uptime is at optimum levels, but will not be held liable by the client for issues relating to server performance or website functionality.
Requests to cancel web hosting and/or domain name registration services must be made in writing. Simply asking for a UDAI code will not cancel your hosting and domain payments. Payments will continue until written notice is received.
None 123 Online's sites have SSL (Secure Socket Layer) capability at the site's domain name. SSL is an added security protocal that some ecommerce websites use to guarantee that credit card information won't be exposed over the Internet. There are two reasons why we don't support SSL. Firstly, to use SSL correctly, a certificate needs to be purchased and configured, which is very expensive. Secondly, because we do not handle credit card details on any of our sites directly. In other words, all credit card transactions go through a third party system (like PayPal or DPS) so the credit card information is never in danger of being exposed.
Support for your website hosting and email will be available to you during our usual working hours, Monday to Friday, 9 am to 5 pm.

Email

Our email solution is provided by Google Apps. You can check your email anywhere in the world (even on your iphone or android phone). Google Apps works like regular Gmail, but you can have @yourdomain.co.nz email addresses instead. You can read about our email solution here.

Our email solution comes with Gmail (email), Calendar, Docs, gTalk (chat) and Contacts. If you wish to get your email in Outlook you can.
It takes us a couple of hours to set up and configure it for you, so it's $100 to setup and then just $5 per month for 1-5 email accounts, or $9 a month for 5-9 email accounts.
Each email address comes with 7.5GB of space. (This is up to 4x as much more than a regular email account). You can have a maximum of nine accounts for the above price.
Our solution is not the fully-featured Google Apps for Business solution, if you require more than 7.5GBs for any account, or ten or more accounts, you will need to upgrade to the Google Apps for Business plan, which is $15+gst per account per month. All email accounts must be upgraded to this plan. We usually only do this for large scale organisations.
If you're currently using Outlook, and want your historical emails migrated on to gmail, there are downloadable tools available for Microsoft Outlook which will do this for you. If you need help using the migration tool, we can provide support for you.
There are tools available for Microsoft Outlook migration only. We are unable to support migration from other email clients.
If you're currently on a webmail solution, you can migrate your mail from webmail yourself easily (as long as your webmail supports pop3), however any folder you may have setup in webmail will not be migrated. We offer a migration for webmail service that will migrate all of your folders and historical emails for $200 per account you'd like migrated. This covers the cost of our time, and additional bandwidth. Please note your contacts will not be migrated.
The easiest and fastest way to connect to your email on Outlook is to use POP3. If you require multiple device syncronisation using outlook (e.g. on your phone and on your browser), you'll need to connect through IMAP, which will create a separate account with separate folders in Outlook. This method may take longer to connect (as it has to sync remotely), and you'll need to check this inbox separately. This method will work, but this may be different from what you're used to.
You agree that you will not send unsolicited email (spam).
123 Online cannot be held responsible for any email not being delivered, and is not liable for any resulting business lost.
You accept Google's Terms and Conditions located here

Payment Terms

All prices quoted are excluding GST.
Before beginning your project, a 40% deposit of the design package price is required. This deposit is non-refundable as it covers 123 Online for the purchase of your template, and initial consultation and design work.
The remaining 60% of the design package payment will be invoiced when the site is built. Note this is not the launch or "go live" phase, which will occur once the content loaded.
Additional functionality may be invoiced as it is completed, or in a combined invoice with the design package remainder.
All invoices are due 7 days from invoice date unless otherwise stated.
In extreme cases of continued non-payment, we reserve the right to engage our collections agency to obtain outstanding funds, and suspend the web and email hosting. In such cases, the client agrees to pay any associated collection costs.

If you would like to view our privacy policy, please click here.

Your website will function exactly as stipulated on our apps details pages here.

If you have an ecommerce or product catalogue website with us, please also see the Ecommerce Terms and Conditions here.