Terms of Service

These terms apply to all work carried out by Sirius Digital, a design studio operated by Jake Stamper in Christchurch, New Zealand.

1. Definitions

• “Sirius Digital”, “we”, “us”: Sirius Digital and the person operating it.
• “Client”, “you”: the person or organisation engaging us.
• “Services”: web design and development, hosting, domains, email and Microsoft 365 set-up, graphic design, print management, photography, support and any other work we agree to do.
• “Proposal”: a written scope and price issued by us.
• “Deliverables”: the designs, websites, artwork, photographs and files we produce for you.
• “Content”: material you supply to us, such as text, images, logos and product information.
• “Plan”: an ongoing hosting, email or care plan under clauses 7 and 12.

2. Agreeing the work

2.1 A Proposal is an offer, not a binding contract. It stays open for 30 days unless it says otherwise, after which the price may change.

2.2 A contract forms when you accept a Proposal in writing (including by email) or pay a deposit against it.

2.3 These terms apply to every engagement and take priority over any terms in your purchase order or other documents, unless we have agreed otherwise in writing.

2.4 Conversations, rough figures and budget guidance are not offers and are not binding.

3. How projects run

3.1 Each Proposal sets out the stages of the project and the number of revision rounds included at each stage. Unless it says otherwise, design work includes two rounds of revisions per stage.

3.2 We will ask you to sign off each stage before we move on. Changes requested after sign-off, and revisions beyond those included, are charged as a variation.

3.3 If a project is paused for more than 30 days while we wait for content, feedback or a decision from you, we may invoice for the work completed so far and agree a new timetable before restarting.

4. Scope and variations

4.1 We carry out the work described in the accepted Proposal. Anything not described is outside the scope.

4.2 Variations are quoted, and you must accept them in writing before the extra work starts.

4.3 You can ask for changes at any time. We will tell you the effect on cost and timing before going ahead.

5. Your responsibilities

You agree to:

5.1 supply Content by the agreed dates and in a usable format;

5.2 make sure you own, or have permission to use, all Content you supply, and that it does not break any law or infringe anyone else's rights;

5.3 give feedback and approvals promptly, through one contact who can make decisions;

5.4 check everything carefully before you sign it off, including spelling, prices, phone numbers and legal wording. Once you have approved it, you are responsible for its accuracy;

5.5 give us the access we need to your domain, hosting, website and other accounts;

5.6 make sure your website and marketing comply with the laws that apply to your business, such as privacy, consumer and advertising law.

6. Websites

6.1 Websites are built and tested to work on current versions of the major browsers and on mobile, tablet and desktop screens.

6.2 Websites use third-party software such as WordPress, themes, page builders and plugins. These are provided under their makers' own licences and terms, and we are not responsible for changes their makers make.

6.3 We build websites to search engine best practice, but no one can guarantee search rankings, traffic or sales, and we do not.

6.4 For 30 days after launch we will fix any defects in our work at no charge. New features and content changes after launch are quoted separately or covered by a care plan.

7. Hosting, domains and email

7.1 Hosting, email and domain Plans are billed in advance, monthly or annually as agreed.

7.2 Hosting is provided through a third-party data centre. We aim for high availability but cannot guarantee that a website or mailbox will never be unavailable.

7.3 We take regular backups of hosted websites, but you should keep your own copies of anything important, including your email.

7.4 Where possible, domains are registered in your name. While you are on a Plan we manage renewals for you. If renewal invoices are unpaid, domains can lapse and may be lost.

7.5 You must not use our hosting or email for anything unlawful, for spam, or for anything that puts other customers or the server at risk. We may suspend a service that is being misused, or that is unpaid after notice.

7.6 Microsoft 365 and other third-party licences are subject to the provider's own terms and pricing.

7.7 If you move your website or email elsewhere, we will provide a copy of your website files and database and reasonable help with the handover. Larger migration work is quoted separately.

8. Graphic design and print

8.1 You must approve a final proof in writing before anything is sent to print. We are not responsible for errors in an approved proof.

8.2 Colours vary between screens and printed material, and between print runs and materials. This is normal and is not a defect.

8.3 Printing is carried out by trusted third-party printers. Delivery dates are estimates, and print quantities may vary slightly in line with standard industry tolerance.

8.4 If a print job is wrong because of our error, we will reprint it at our cost. If it is wrong because of an error in an approved proof, the reprint is charged to you.

9. Photography

9.1 A shoot date is held once the booking deposit is paid.

9.2 If you cancel or rearrange a shoot with less than 48 hours' notice, a fee may apply to cover time and costs already committed. Outdoor and location shoots that cannot go ahead because of weather are rearranged at no charge.

9.3 We select and edit images in our own style. Raw and unedited files are not supplied unless agreed in the Proposal.

9.4 Images are delivered through a secure online gallery or download link.

9.5 Licence: once paid in full, you receive a non-exclusive, perpetual licence to use the delivered images to promote your business, including on your website, social media, printed material and advertising. Copyright stays with Sirius Digital unless we agree in writing to transfer it. You may not sell or sublicense the images, or claim to be their author.

9.6 We take reasonable care of products you lend us for a shoot. Products are delivered and collected at your cost and remain at your risk, so please make sure they are insured. We are not responsible for minor handling marks or for perishable items.

9.7 You are responsible for getting consent from your staff or anyone you bring to appear in photographs. We obtain model releases from any models we engage.

10. Payment

10.1 Prices are in New Zealand dollars. Where GST applies, it is shown on the Proposal and invoice.

10.2 Unless the Proposal says otherwise:

10.3 Invoices are payable within 7 days of the invoice date.

10.4 Overdue amounts attract interest at 1.5% per month, calculated daily. You are liable for our reasonable costs of recovering overdue amounts, including debt collection and legal costs.

10.5 If an account is overdue we may pause work, suspend a Plan, and hold back Deliverables, files and launch until it is paid. Pausing work does not change what you owe.

10.6 If you dispute an invoice, you must tell us in writing within 7 days of receiving it. Undisputed amounts remain payable.

11. Ownership and intellectual property

11.1 Once you have paid in full, you own the final website design and the copy and artwork we create specifically for you. For logo design, copyright in the final chosen logo is transferred to you on payment. Unused concepts remain ours.

11.2 We keep ownership of our own tools, code, templates, layouts, methods and know-how, and may reuse them for other clients. Where they form part of your Deliverables, you have a permanent licence to use them for that purpose.

11.3 Fonts, stock images, plugins and other third-party material remain subject to their own licences.

11.4 Photographs are licensed to you under clause 9.5.

11.5 Until you have paid in full, all Deliverables remain ours, and no licence or ownership passes to you.

11.6 We may add a small “Developed by Sirius Digital” credit to your website footer. Just ask if you would like it removed.

11.7 We may show your project in our portfolio and on social media once it is public. If your project is confidential, or a product has not launched yet, tell us and we will wait or leave it out.

12. Care plans and support

12.1 A care plan covers the updates, backups, security monitoring and small edits described in the plan.

12.2 Response times are targets measured in New Zealand business hours unless the plan says otherwise.

12.3 Care plans run monthly, and either party can end one with 30 days' written notice.

12.4 A care plan is not insurance and does not guarantee that a website will never go down or be attacked. Redesigns, new features and fixes needed because of changes made by someone else are quoted separately.

13. Privacy

13.1 How we handle personal information is explained in our Privacy Policy.

13.2 You control the personal information your website collects from your own customers and visitors, and you are responsible for your own privacy policy and compliance. We can help with the wording, but that help is not legal advice.

14. Liability

14.1 Consumers: if you are buying our Services as a consumer, nothing in these terms limits your rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986.

14.2 Businesses: if you are buying our Services for business purposes, you agree that the Consumer Guarantees Act 1993 does not apply, and that sections 9, 12A and 13 of the Fair Trading Act 1986 do not apply. Both parties are in trade and agree this is fair and reasonable.

14.3 To the extent the law allows, our total liability arising from any engagement is limited to the amount you have paid us for that engagement in the previous 12 months.

14.4 We are not liable for indirect or consequential loss, including lost profit, revenue, business, data or goodwill, or loss caused by website downtime, third-party software, or hacking by others.

14.5 Nothing in this clause limits liability for death, personal injury caused by our negligence, or fraud.

15. Cancellation

15.1 You can cancel a project at any time. You pay for the work done up to that point, and for any costs we have already committed to, such as print orders, licences and domain registrations.

15.2 Deposits cover work already scheduled and committed, and are non-refundable once work has started.

15.3 We may end an engagement if invoices are unpaid, if Content is unlawful, or if communication becomes abusive. You remain liable for work done and costs committed.

16. Events outside our control

Neither party is liable for failing to perform because of events beyond reasonable control, such as natural disaster, earthquake, severe weather, pandemic, civil emergency, supplier failure, or failure of internet or power infrastructure. This does not suspend payment for work already done.

17. Health and safety

For on-site and location shoots, both parties will comply with the Health and Safety at Work Act 2015, and will share information about any hazards before work begins.

18. Disputes

18.1 Please raise any dispute in writing to [email protected]. We will respond within 10 working days.

18.2 If it cannot be resolved by talking it through in good faith, both parties will try mediation before starting legal proceedings, unless urgent relief is needed.

19. General

19.1 These terms are governed by New Zealand law, and the New Zealand courts have jurisdiction, including for work with clients in the United Kingdom and elsewhere.

19.2 If any clause is unenforceable, the rest remain in force.

19.3 We may update these terms. The version that applies is the one published when you accepted your Proposal.

19.4 You may not transfer the contract to someone else without our written agreement. We may use trusted subcontractors, such as printers or specialist developers, and remain responsible for their work.

20. Contact

Sirius Digital
Jake Stamper, Christchurch, New Zealand
[email protected] · 027 430 1191

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