South Pacific Media Services Terms & Conditions

If you have engaged the services of South Pacific Media Services Ltd, you are agreeing to be bound by these terms.

1. Definitions
   In this agreement, the following definitions apply unless otherwise specified:
   
   1. 'Confidential information' includes:
      (a) material supplied by the client or any other party marked confidential; and
      (b) Any other material which the client advises South Pacific Media Services is confidential.
      'Confidential information' does not include material which is already publicly available or lawfully becomes publicly available after it is received from the client.
      
   2. 'Speculative works' shall include any work submitted to the client or third party by South Pacific Media Services on a speculative basis.
      
   3. 'Intellectual Property' means: all intellectual property rights including, but not limited to: copyright, inventions, patents and patent applications, trademarks, software, source codes, text, images, designs, logos, data sets, and trade-secrets.
      


2. Payment
   
   1. South Pacific Media Services requests that all invoices be settled within 7 days of the invoice date, unless a credit account has been established.
      
   2. South Pacific Media Services will invoice on a monthly basis unless otherwise agreed.
      
   3. All invoices are emailed only - the client bears the responsibility to regularly check their email.
      
   4. Overdue invoices will call an immediate cease to ongoing works
   5. If an account reaches 30 days from the time of its receipt, a 20% fee of the total monies owing at 30 days will be incurred for administration charges.
   6. If a client's debt is passed onto a third party, the client will incur ALL associated costs.
      


3. Planning & Client's Instructions
   
   1. Proposals, estimates and specifications shall be deemed to interpret the client's instructions. Clients are advised to exercise care and attention when checking these documents before work begins.
   2. Proposals shall lapse unless accepted within 14 days from the day given, unless otherwise stated.
      
   3. Work will be developed to meet the requirements of the latest version of a specification or estimate that has been signed off by the client.
      
   4. South Pacific Media Services shall not be held liable for errors and omissions arising from an oversight or a misinterpretation of a client's verbal instructions.
      
   5. South Pacific Media Services reserves the right to review and / or alter pricing in the event of changed client requirements.
      


4. Speculative Works
   
   1. Speculative Works shall remain the property of South Pacific Media Services, unless the client agrees to proceed with utilising the work and pays in full for such work, in which case South Pacific Media Services assigns to the client all rights including copyright these Speculative Works with effect from the date payment for such works is received in full by South Pacific Media Services. No use of Speculative Works or any idea obtained from such work shall be used by the client unless paid for in full or the express written agreement from South Pacific Media Services is obtained.
      
      
5. Inactive, Suspended and Cancelled project
   
   1. If work is held awaiting client instructions for longer than 7 days without prior arrangement, South Pacific Media Services reserves the right to discontinue the project and invoice work done to date and materials used in that work.
   2. The suspension of any work at the client's request will entitle South Pacific Media Services to full payment for all work and/or services in progress at the time of suspension and for any work already completed that has payment outstanding. South Pacific Media Services reserves the right to refuse the quotation for the uncompleted portion of the contract if work is suspended for more then 30 days.
      
   3. If a project is terminated before completion, South Pacific Media Services will be compensated for all fees and disbursements incurred up to the date of termination.


6. Claims for Remedy
   
   1. Any complaint shall be made in writing within 21 days of receipt of goods or services in order to remedy faults or complaints. Any disputes pertaining to invoices received after 21 days will be null and void.
      
      
7. Outside Influences
   
   1. South Pacific Media Services shall not be responsible for any delay, default loss or damage due to any industrial disputes, accidents, Acts of God, equipment failure or mischievous damage or other causes beyond South Pacific Media Servicess' control.
      
      
8. Liability
   
   1. South Pacific Media Services shall not be liable for any indirect of consequential loss or for the loss to a client arising from third party claims occasioned by errors in carrying out the work or by delay in delivery or by failure in equipment.
      
      
9. Technology
   
   1. South Pacific Media Services only supports technologies for browsers and computer settings that were current at the time of development. We accept no responsibility if technology changes and a product or service is no longer accessible.
      
      
10. Illegal or Libellous Matter
    
    1. South Pacific Media Services shall be indemnified by the client in respect to any claims, costs and/or expenses arising from any matter, which is illegal, libellous in matter or in breach of the Fair Trading Act 1986 or any other statute or any infringement of copyright, patent or design.
       
       
11. Removal of Material from Server
    
    1. South Pacific Media Services reserves the right at all times to remove without notice a client's material from its server if South Pacific Media Services deems material on the client's website to be of an illegal and/or libellous nature.
    2. South Pacific Media Services reserves the right at all times to remove without notice a client's material from its server for failure to pay fees owed in accordance with South Pacific Media Services's payment terms.
       
       
12. Suitability
    
    1. No guarantee shall be given or implied that the goods or services supplied to the client's instructions or designed by South Pacific Media Services to those instructions are suitable for specific market requirements unless those are documented and / or from part of the original Proposal
       
       
13. Consultation
    
    1. South Pacific Media Services agrees to ensure full consultation with the client throughout the development process.