TERMS of Engagement

By accepting an engagement offered by OP Creative, you are agreeing to the following:


General

These Standard Terms of Engagement (Terms) apply to any current engagement and also to any future engagement, whether or not we send you another copy of them. We are entitled to change these Terms from time to time, in which case we will send you amended Terms. Our relationship with you is governed by New Zealand law.

Services

The services OP Creative are to provide for you (the Services) are outlined in our letter or email of engagement along with any further instructions that you provide to us in writing (or that we record in writing).

Communications 

  1. We will obtain from you contact details, including email address, postal address and telephone numbers. We may provide documents and other communications to you by email (or other electronic means). You will advise us if any of your contact details change.

  2. We will report to you periodically on the progress of any engagement and will inform you of any material and unexpected delays, significant changes or complications in the work being undertaken. You may request a progress report at any time.

  3. You agree that we may provide you from time to time with other information that may be relevant to you.

OWNERSHIP

The website built by OP Creative ("the Company") for "the Client" shall remain the property of the Company. The fee charged for website development covers only the time invested and does not include ownership transfer. If the Client wishes to obtain administration access, a separate agreement can be arranged for a fee ranging between $1,500 and $3,000. If the Client wishes for The Company to obtain ownership and administrative rights, they are able to request amendments to be made on their behalf at a rate of $65.00 an hour. The Company reserves the right to feature the website in its portfolio.

Financial

  1. Fees:

    • If we specify a fixed fee, we will charge this for the agreed scope of the Services. Work which falls outside that scope will be charged on an hourly rate basis. We will advise you as soon as reasonably practicable if it becomes necessary for us to provide services outside of the agreed scope and, if requested, give you an estimate of the likely amount of the further costs.

    • Our hourly rate is $65.00 plus GST.

  2. Disbursements and Third Party Expenses: In providing the Services we may incur disbursements and payments to third parties on your behalf.  You authorise us to incur these disbursements (which may include such items such as domain fees, hosting fees, printing fees and travel and courier charges) which are reasonably necessary to provide the Services.  You also authorise us to make payments to third parties on your behalf which are reasonably required to undertake the Services.  These will be included in our invoice to you, shown as “disbursements” when the expenses are incurred, or we may ask for payment in advance when we know we will be incurring them on your behalf.

  3. Invoices: We will send interim invoices to you, usually monthly, and on completion of the matter, or termination of our engagement.  We may send you invoices more frequently when we incur a significant expense or undertake a significant amount of work over a shorter period of time.

  4. Payment: Invoices are payable within 7 days of the date of the invoice, unless alternative arrangements have been made with us.

  1. If you have difficulty in paying any of our accounts, please contact us promptly so that we may discuss payment arrangements.

  2. If your account is overdue we may:

    • stop work on any matters in respect of which we are providing services to you;

    • require an additional payment of fees in advance or other security before recommencing work.

  3. Estimates: You may request an estimate of our fee for undertaking the Services at any time. If possible we will provide you with an estimate (which may be a range between a minimum and a maximum amount or for a particular task or step).  An estimate is not a quote.

Termination

    1. You may terminate our relationship at any time.

    2. We may terminate our relationship at any time, including the existence of a conflict of interest, non-payment of fees, and failure to provide instructions.

    3. If our relationship is terminated you must pay us all fees, disbursements and expenses incurred up to the date of termination.