Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the Webscape website (webscape.co.nz) and our services. By accessing or using our website or engaging our services, you agree to be bound by these Terms.

If you do not agree to these Terms, you must not use our website or services. We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting on this page.

2. Services

Webscape provides web development, web design, web application development, WordPress development, WooCommerce development, SEO services, and related digital services (collectively, "Services").

We reserve the right to modify, suspend, or discontinue any aspect of our Services at any time without prior notice. We do not guarantee that our Services will be available at all times or that they will be error-free.

3. Use of Website

You agree to use our website only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the website in any way that violates any applicable law or regulation
• Attempt to gain unauthorised access to any portion of the website or any systems or networks connected to the website
• Transmit any viruses, malware, or other harmful code
• Interfere with or disrupt the website or servers or networks connected to the website
• Use any automated means to access the website without our express written permission
• Reproduce, duplicate, copy, sell, or exploit any portion of the website without our express written permission

4. Client Responsibilities

When engaging our Services, you agree to:

• Provide accurate, complete, and current information
• Provide timely feedback and approvals as required for project completion
• Ensure you have the necessary rights and permissions for any content, materials, or intellectual property you provide to us
• Comply with all applicable laws and regulations in relation to your use of our Services
• Pay all fees and charges as agreed in writing

5. Intellectual Property

All content on this website, including but not limited to text, graphics, logos, images, software, and code, is the property of Webscape or its licensors and is protected by copyright, trademark, and other intellectual property laws.

Unless otherwise agreed in writing, all custom code, designs, and work product created by Webscape in the course of providing Services remain the property of Webscape until full payment is received. Upon full payment, ownership of custom work product will transfer to the client, subject to Webscape retaining the right to use such work for portfolio and marketing purposes.

Restrictions on Resale and Distribution: You may not resell, distribute, sublicense, or otherwise transfer any custom plugins, custom themes, or custom software components provided by Webscape as standalone products or services to any third party without our prior written approval. This restriction specifically applies to custom plugins (such as custom WordPress plugins, WooCommerce plugins, or other custom software components) and custom themes, and prohibits their separate resale or distribution to multiple parties. This restriction applies regardless of whether ownership has transferred to you. Any unauthorised resale or distribution of our custom plugins, themes, or software components is strictly prohibited and may result in legal action.

Notwithstanding the above, you may transfer the website (including all associated code, themes, and plugins) as part of the sale of your business, provided that such transfer is to a single purchaser and the website remains intact as part of the business assets being sold.

You retain ownership of any content, materials, or intellectual property you provide to us. By providing such materials, you grant us a licence to use them solely for the purpose of providing the Services.

6. Payment Terms

Payment terms will be specified in individual service agreements or quotes. Unless otherwise agreed:

• Payment is due within the timeframe specified in the service agreement
• We reserve the right to suspend or terminate Services for non-payment
• All prices are in New Zealand Dollars (NZD) unless otherwise stated
• GST will be added to all invoices where applicable

7. Limitation of Liability

To the maximum extent permitted by law, Webscape and its directors, employees, and contractors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or business opportunities, arising out of or in connection with your use of our website or Services.

Our total liability to you for any claims arising out of or in connection with our Services shall not exceed the total amount paid by you to us in the twelve (12) months preceding the claim.

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded or limited by law.

8. Warranties and Disclaimers

We provide our Services on an "as is" and "as available" basis. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that our website or Services will be uninterrupted, secure, or error-free, or that defects will be corrected. We do not warrant the accuracy, completeness, or reliability of any information on our website.

9. Indemnification

You agree to indemnify, defend, and hold harmless Webscape and its directors, employees, and contractors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your use of our website or Services
• Your violation of these Terms
• Your violation of any rights of a third party
• Any content or materials you provide to us

10. Termination

We may terminate or suspend your access to our website or Services immediately, without prior notice, for any breach of these Terms or for any other reason we deem necessary.

Upon termination, your right to use our website and Services will cease immediately. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property rights, limitation of liability, and indemnification provisions.

11. Third-Party Links and Services

Our website may contain links to third-party websites or services. We are not responsible for the content, privacy policies, or practices of third-party websites or services. Your use of third-party websites or services is at your own risk.

12. Governing Law

These Terms are governed by and construed in accordance with the laws of New Zealand. Any disputes arising out of or in connection with these Terms or our Services shall be subject to the exclusive jurisdiction of the courts of New Zealand.

13. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

14. Entire Agreement

These Terms, together with any service agreements or quotes, constitute the entire agreement between you and Webscape regarding your use of our website and Services, and supersede all prior agreements and understandings.

15. Contact Information

If you have any questions about these Terms, please contact us: