Terms and Conditions Wellington Websites Last updated: 1 January 2026

These Terms and Conditions govern your use of our website and the provision of our web design, development, hosting, and related services. By accessing our website, requesting a quote, or engaging our services, you agree to be bound by these Terms. If you do not agree, please do not use our website or services.

We may update these Terms from time to time. Continued use of our services after changes are posted constitutes your acceptance of the updated Terms. We encourage you to review them periodically.

Hosting

Hosting is provided on a shared cPanel server and is supplied on an "as available" basis according to the shared resources and policies of the underlying web host. The web host provides no warranty, express or implied, regarding the services, including any reimbursement for loss of income or business due to service disruptions.

You irrevocably waive any right to claim reimbursement from Wellington Websites for lost business income or other consequential losses resulting from interruptions to hosting services. This reflects the inherent limitations of shared hosting and our experience with service providers.

Private, dedicated, virtual private, and out-of-country servers are available upon request at additional cost.

Note: Until a consistently reliable local (New Zealand or Australian) web host meeting our standards is identified, Wellington Websites may host client websites on overseas servers. We are satisfied with the performance and security of our current arrangements.

Backups

We perform a full cPanel backup once per week and MySQL database backups as needed. Backups are retained for two months and then automatically deleted.

Weekly or monthly backup services, or extended retention, are available at an additional cost. Beyond the standard backups we provide, it is your responsibility to ensure ongoing data integrity and to maintain your own backups where required.

Billing and Invoices

Invoices are due upon receipt unless otherwise stated in writing. Late payments may result in suspension of services, including hosting access.

Right to Refuse Work or Cancel Contract

Wellington Websites reserves the right, in its sole discretion, to refuse work, decline a project, or cancel a contract or ongoing services for reasons including (but not limited to):

Aesthetic, design, or ethical concerns.
The client fails to maintain acceptable practices regarding data security, password management, or provision of necessary resources and information.
Excessive scope changes after the project has commenced. Minor changes are expected, but changes exceeding approximately 20% of the original agreed scope will be treated as additional work and billed at our standard hourly rate of $145 per hour (or the rate specified in your quote). Additional charges are due and payable weekly.
Refusal to upgrade the website or software to current secure versions when recommended.

We will endeavour to communicate any concerns promptly.

Purchaser / Client Responsibilities

Our websites are designed to be easily updatable by non-technical users. You are responsible for arranging ongoing maintenance and updates after handover, including finding suitable personnel if needed.

We provide training for the first year as part of complete website packages. Refusal or failure to participate in reasonable training may result in cancellation of remaining support obligations.

For websites including a shopping cart or e-commerce functionality, you are solely responsible for ongoing cart maintenance, order processing, customer service, payment processor issues, and compliance with applicable laws (including consumer protection and payment regulations).

Systems Administration and Security

To protect the security and integrity of the website and server for all clients, you may not bring in your own systems administrator or grant additional administrative access without our prior written consent. Attempting to access SuperAdmin areas of the website or hosting server without authorization will result in immediate suspension or cancellation of services.

This policy is based on our experience and is intended to safeguard all clients on shared infrastructure.

Intellectual Property

Client Content: You retain ownership of all materials and content you provide to us (e.g., text, images, logos). You grant us a limited license to use such materials solely for the purpose of providing the services.
Deliverables: Upon full and final payment, we assign to you ownership of the custom website design and development work created specifically for you under the project (the "Deliverables"), excluding any pre-existing tools, templates, frameworks, code libraries, or know-how owned or licensed by us ("Background IP"). We grant you a perpetual, non-exclusive license to use our Background IP as incorporated into the Deliverables, provided it remains on our servers.
You are responsible for ensuring that any content or materials you supply do not infringe third-party intellectual property rights.

We retain the right to display the completed project in our portfolio (with a discreet credit link where appropriate) unless otherwise agreed in writing.

Limitation of Liability and Disclaimers

To the maximum extent permitted by law, all services and hosting are provided "as is" without any warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

Wellington Websites will not be liable for any indirect, consequential, incidental, or punitive damages, including loss of profits, data, or business opportunities, even if advised of the possibility of such damages. Our total liability under any contract will not exceed the total fees paid by you to us in the preceding 12 months.

Nothing in these Terms excludes or limits liability for death, personal injury, fraud, or any liability that cannot be excluded under applicable consumer protection laws.

Indemnification

You agree to indemnify, defend, and hold harmless Wellington Websites, its owners, staff, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or related to:

Your content or materials;
Your breach of these Terms;
Any violation of law by you or your end-users; or
Claims that your content infringes third-party rights.

Cancellation and Refunds

Cancellation of projects or services, and any refunds, are at the sole discretion of Wellington Websites. We may retain reasonable fees for work already performed and costs incurred up to the point of cancellation. Refunds will not be provided for completed deliverables or hosting services already billed.

Privacy

Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and protect your personal information. Overseas hosting may involve data transfers outside New Zealand and Australia.

Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Texas, USA, without regard to conflict of laws principles. You agree that any disputes arising from these Terms or our services will be resolved exclusively in the courts located in Austin, Travis County, Texas.

To the extent that mandatory consumer protection laws in your jurisdiction (such as Australian Consumer Law or New Zealand consumer guarantees) apply and cannot be contracted out of, those laws will prevail over any conflicting provisions in these Terms.

Miscellaneous

Force Majeure: We are not liable for delays or failures caused by events beyond our reasonable control (e.g., hosting provider outages, natural disasters, cyber-attacks, or changes in law).
Severability: If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force.
Entire Agreement: These Terms, together with your project quote or proposal, constitute the entire agreement between us.
Amendments: We may amend these Terms by posting the updated version on our website. Material changes will be notified where reasonably practicable.