The agreement, short version.
These are the default terms that apply when you engage us. Bigger projects get a separate Statement of Work that supersedes most of what’s below.
The parties
These terms are between you (or the entity you represent) and D3V Services Limited, a New Zealand company. By accepting a quote, paying an invoice, or otherwise instructing us to start work, you accept these terms.
What we’ll do
What’s in the quote or Statement of Work. If we agreed to it in writing, it’s in scope. If we didn’t, it isn’t. We aim to deliver on time and at the agreed quality; if we can’t, we’ll tell you early.
What you’ll do
Provide content, brand assets, and reasonable access to systems we need to do the job. Review and respond to work within five working days unless we agree otherwise. Pay invoices on time. Be reasonable.
Money
Quotes are valid for 30 days. We invoice 50% on engagement, 50% on completion for fixed-scope work, or monthly in arrears for time-and-materials. Payment terms are 14 days from invoice. Late invoices accrue interest at 1.5% per month after 30 days.
Who owns what
You own the code, content and design we produce for you, once the final invoice is paid. We retain the right to refer to the work in our portfolio unless you ask us not to in writing. We also retain ownership of any underlying tools, libraries or frameworks we built before your project began.
Confidentiality
We keep your information confidential. You keep ours confidential. Standard stuff. We can sign your NDA if it makes you happier, but we won’t accept clauses that effectively stop us from working in our industry.
Warranties
We warrant the work for 90 days after final delivery: if there’s a defect, we fix it free. After 90 days, defects are billable unless you have a support retainer with us. We don’t warrant compatibility with future versions of third-party software (you can’t reasonably expect us to).
Limits
Our liability is capped at the fees you paid us for the relevant project. We’re not liable for indirect or consequential loss. The Consumer Guarantees Act 1993 doesn’t apply to business-to-business engagements.
Cancelling
Either of us can cancel a project with 14 days’ notice. You pay for the work completed up to that point. We don’t charge cancellation fees on top.
Where this gets fought
New Zealand law. New Zealand courts. We’d much rather have a coffee about it first.
Contact
Email legal@d3v.nz with anything that needs a written response.