Pocket Rocket Marketing Ltd Terms Of Service

These terms and conditions govern all supply of goods and services by Pocket Rocket Marketing Ltd t/a Pocket Rocket to you, the purchaser of goods and services from us. They are effective from 1st of November 2019.

We reserve the right to change these terms of trade by notice to you. Notice may be given by posting the revised terms and conditions on our website.
If you are purchasing on behalf of another entity such as a company you warrant you have the authorisation to agree to these terms and conditions on behalf of the entity. 

Payments: 
Unless otherwise stated:
An invoice for 50% of the price for the project will be provided on acceptance of the proposal. The deposit must be paid before any work on the project can commence.
Once a project is deemed complete, but before the website goes live, the final balance of the project will be invoiced. If there are client delays of more than two weeks to review design, Pocket Rocket will invoice work completed to that point.
Payment for all remaining invoices must be made within 7 days of the date of issue of the invoice unless otherwise arranged.
If you further delay the project, you are still required to pay the final balance within 70 days of the project start. Delays include if you are unable to provide us with the information/content for us to the complete the project or website.
Non-payment of your account after 70 days will be referred to a debt collection agency and you will be liable for any collection costs incurred.

Changes and Revisions
Allowance for revision & changes are clearly stated in your project quote. The estimate/quotation prices for our fixed price quotes are based on the amount of work we estimate we’ll need to accomplish everything that you have told us you want to achieve.
 If you wish to add extra pages or functionality, we will provide a quote for this on a case by case basis for your approval before any additional work commences. Changes to original scope can affect the timeline of the project.

Validity of the Agreement  
Either party may terminate the agreement on 7 working days’ written notice to the other party. Pocket Rocket Marketing Ltd reserves the right to cease immediately without liability to provide the service and to terminate this agreement if you should go into liquidation or bankruptcy, or if you fail to meet any obligation in accordance with this agreement.

If at any point during the Design or Build Process you wish to cancel, you may do so but you will be invoiced an amount that Pocket Rocket Marketing Ltd assesses to be proportional to the work completed to date. Pocket Rocket Marketing Ltd reserves the right to not retain a proportion of any deposit paid to cover out of pocket expenses such as non-refundable travel arrangements. 
If the total amount of work completed at that point is more than the first 50% invoiced, Pocket Rocket Marketing Ltd will invoice all additional hours completed.

All deposits are non refundable however we will refund the deposit if we cancel the project. We will not be liable for any loss of income or out of pocket expenses if we need to cancel a project. 
Nothing in this Refund policy is intended to limit any legal rights you may have under the New Zealand Consumer Guarantees Act or any other appropriate legislation.

Liability Limitation
Where you acquire or hold yourself out as acquiring goods or services from us for the purposes of a business, the provisions of the Consumer Guarantees Act 1993 will not apply. The conditions, warranties and guarantees set out in the Sale of Goods Act 1908 or otherwise implied by statute or common law will not apply and are excluded from these terms of trade. 
To the greatest extent permissible by law, we exclude all liability we may have to you for any claim except where we have acted in bad faith.
This exclusion also applies for the benefit of every officer, employee, contractor, agent of us and anyone else we use to perform our duties or provide services under any agreement you have with us.
None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us. 
This exclusion applies whatever you are claiming for and in whatever way liability might arise. This exclusion does not limit any inalienable rights you may have under the Consumer Guarantees Act 1993. 
Our maximum liability to you (if any) shall be limited to the value of any faulty products or services supplied by us and we, our employees, contractors and agents, will not be liable to you for loss or damage of any kind however that loss or damage is caused or arises. 
You agree to defend, indemnify and hold us harmless from and against any and all claims, losses, liabilities and expenses (including lawyer’s fees) related to or arising out of the services provided by us to you under this agreement, including without limitation claims made by third parties (including your customers) related to any false advertising claims, liability claims for products or services sold by you, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided hereunder (including malfunction of Website/Software or Internet), or for any content submitted by you for publication by us.
If, despite the other provisions of this agreement, Pocket Rocket Marketing Ltd is found to be liable to you then its liability for any single event or series of related events is limited to our fees refunded. 
Due to the public nature of the Internet, all material submitted by you for publication will be considered publicly accessible. Pocket Rocket does not screen in advance customer material submitted to Pocket Rocket for publication. 
Pocket Rocket table’s publication of material submitted by customers does not create any express or implied approval by Pocket Rocket of such material, nor does it indicate that such material complies with the terms of this agreement.

Accuracy of your website content & functionality
You as the client are responsible for the accuracy of the content, information on your website & you also need to check that contact forms & third party plug-ins are working correctly. We except no responsibility or liability for errors in the live content. It is your responsibility to inform us of any errors immediately upon the error being found. 

Website Hosting
Your website will be hosted by Rocketspark. The hosting fees are paid directly to Rocketspark. Please review Rocketspark’s terms & conditions at https://www.rocketspark.com/nz...

Applicable law
Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any goods or services are provided to you by us and irrespective of the location where you reside. 

Supply of services by us to you and any other matter arising from these Terms and Conditions are subject to the laws of New Zealand. The Courts of New Zealand shall have non-exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with these terms of trade, or with the use of website or supply of any services. 

Where you or any other person who you act for, or who you permit to act for you supplies incorrect information for the purchase of a product or service and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you (including legal costs on a solicitor-client basis). 

You agree to use our website, products and services in accordance with the applicable laws of the country or countries where your business or organisation is based. 

Privacy Policy and Confidentiality
Unless you opt to receive messages from us we will not contact you again in future. If you have opted to receive ongoing communications and at a later date you no longer wish to receive these communications you will be able to opt out of receiving this information by contacting us by email or by following the unsubscribe instructions at the bottom of emails sent to you. 
Opting out of receiving the above mentioned messages will not prevent the sending of messages that specifically relate to your website or services provided to you by Pocket Rocket. 
We may use personal information that we collect about you to provide products and services to you and to administer orders and payments relating to your purchases from us. 
You will need to permit us to place data files (“cookies”) on your computer to enable you to use some features of some of our websites. Where you choose not to enable cookies from our Website, some functionality of those Website may not be available to you. 

We may disclose your personal information as required by law.