The Client/Member requests Synergy.IT Limited T/A LocalSalesCreator.com to provides online and offline promotional and administration services, in some instances the client we request that the LocalSalesCreator.com host and maintain a website, blog, application software (Plug-in’s) and or email on behalf of the client/member. These services will be provided in accordance with our standard terms and conditions set out below. In most instances a quotation will be provided and or a written agreement entered into between the parties at the commencement of the agreement in any event the terms and conditions on this page will prevail unless a prior written agreement is entered into between the parties.
In the event that the Client requests the LocalSalesCreator.com to host and maintain a website, blog, application software (Plug-in’s) these products and or services are supplied on a SAAS (Software As A Service) basis no ownership of the product or service is implied or given.
The Client agrees to make the monthly or weekly membership payments and observe the terms and conditions of this agreement.
In consideration of the Client making the monthly or weekly membership payments, LocalSalesCreator.com will provides online and offline promotional and administration services to the Client in accordance with these terms and conditions an any additional terms and requirements set out in the quotation / order form provided, if any.
Membership Terms and Conditions
1. Agreement Terms
a. For Clients requiring a website design services (i.e. clients using LocalSalesCreator.com or website/blog hosting service) the client will be required to complete a design brief supplied by LocalSalesCreator.com and this will be the basis for the creation of the website.
b. For those clients that require content, product and/or data information to be added or imported to any of the LocalSalesCreator.com products: All information must be supplied in suitable electronic format.
i. If the Client does not have content, images or product information in a suitable electronic format and requires LocalSalesCreator.com to modify or create this material, the Client will be charged for this service in accordance with the The Sales Creator standard hourly charge-out rate.
ii. It is the responsibility of the client to provide LocalSalesCreator.com with all information, data and content within 30 days of the sign-up date. Any content provided after this time will void any performance guarantee provided by Synergy.IT Limited and additional charges may apply at our standard hourly charge-out rate.
2. Payment Terms
Payment in full including GST is required before any work is undertaken and this payment is non-refundable subject to our performance guarantee and trial periods if any. The only exception to this rule is custom programming work (termed custom functionality) – see next clause for details.
3. Custom Functionality
a. If the Client requires any custom functionality a deposit of 50% (including GST) is required to be paid in advance with 90% (including GST) of the remainder due on completion of the project. The last 10% (including GST) paid after one month in order to allow for testing of the functionality and repairing of any genuine bugs in the new functionality at no charge.
b. An ongoing charge may be applied to any custom functionality to account for extra database storage and usage.
c. Extra traffic and disk space charges may also apply.
4. Information Provided
a. The Client indemnifies LocalSalesCreator.com from all liability howsoever arising from the information supplied to the LocalSalesCreator.com by the Client and incorporated in the design and content of the software or website.
b. LocalSalesCreator.com will use such information as provided by the Client only for the purpose of this agreement and for no other purpose.
5. Loss Liability
LocalSalesCreator.com shall exercise all reasonable care and skill in designing the format and layout of the website but accepts no responsibility for any loss suffered by the Client arising from the services provided under this agreement.
6. Website Maintenance and Activity
The Client shall observe the requirements of Webfarm or their own Domain Name registration authority in the maintenance of the website name and the website activity.
7. Content Ownership
All content, information or data held on behalf of the client is the intellectual property of the client, excluding the underlying LocalSalesCreator.com platform, source code, database and software.
8. Membership Fee Agreement
The Client shall pay LocalSalesCreator.com the membership fee each week or month via automatic payment to the Synergy.IT Limited bank account.
i. The Client understands that invoices and statements are only supplied in an electronic format and will only be supplied in paper format if specifically requested by the client.
ii. The Client agrees that in any event a minimum weekly or monthly membership fee of $50.00 plus GST will apply unless an alternative arrangement is made with The Sales Creator in writing.
iii. In the even that the Client fails to pay the weekly or monthly membership on the due date specified on the invoice supplied, LocalSalesCreator.com reserves the right to suspend the service. The current ongoing membership fee will continue to be charged until such time as the account is brought up to date at which time the membership service will resume.
9. Agreement Commencement
a. This agreement commences on the date of signing the quotation / order form by the Client or, when a user account is created within any of the LocalSalesCreator.com software products either by LocalSalesCreator.com or by the client using the automated site setup feature within any of the LocalSalesCreator.com products. This agreement is for a minimum term of 24 months. Payment of the first monthly/weekly membership fee is due one (1) month from the date of this agreement and is paid in arrears. Any setup charges must be paid in accordance with the offer relating the product purchased. The client is responsible for creating and providing LocalSalesCreator.com with all the necessary information and content to enable the LocalSalesCreator.com to complete their obligation in relation to the product purchased.
b. LocalSalesCreator.com may from time to time make adjustments and alterations to the server that may cause the client’s site to be offline for a period without prior written notice. LocalSalesCreator.com will also not be held accountable for temporary or long term closure of the client’s website due to unforeseen circumstances be they the direct or indirect fault of LocalSalesCreator.com.
10. Agreement Termination
This agreement may be terminated by the client only if all of the following terms and conditions are met:
a. The Client’s membership is outside the initial 24 month term and provides one month’s prior written notice to LocalSalesCreator.com of the termination.
b. The clients membership and domain hosting payments are current and up to date.
On termination by the Client, the Client may move the content and graphics related to the website, but recognise that they have no right to the intellectual property of LocalSalesCreator.com.
In the event that all or part of any membership or domain hosting payments are outstanding at the time of termination LocalSalesCreator.com will not transfer or update domain or website registration details until such time as the clients has paid all outstanding membership or domain hosting fees.
11. Account Termination.
a. If the client is displaying illegal or objectionable material on their website that has not been previously given written permission from LocalSalesCreator.com then LocalSalesCreator.com may close the site until such material is removed without prior notice. If the client continues to display illegal or objectionable material on their site LocalSalesCreator.com may close the site down and terminate the contract without prior written notice. On termination LocalSalesCreator.com will consent to the Client moving the content and graphics related to the website provided the Client first pays their account in full and any associated moving costs.
b. If the client fails to pay membership fees or other fees owed to LocalSalesCreator.com, then LocalSalesCreator.com may close the site down and/or terminate any agreement without prior written notice and charge for any costs associated with the collection of any overdue funds will be payable by the client. LocalSalesCreator.com also reserves the right to charge interest on any overdue amount at a rate of 21%.
12. Terms of Ancillary Services
From time to time LocalSalesCreator.com may introduce other ancillary services for the benefit of the Client at a price and on terms and conditions to be agreed by LocalSalesCreator.com and the Client. The terms and conditions of this agreement shall apply also to the supply of those ancillary services and if there is any conflict, then the terms and conditions as agreed by the parties for those services shall prevail.
13. Domain Renewal Fee
The Client will be required to pay the annual renewal fee of the Client’s domain name and The Sales Creator administration cost for processing the renewal fee.
14. Agreement Ownership Transfer
The Client shall not be entitled to transfer or assign the benefit of this agreement to any other party without the prior written consent of LocalSalesCreator.com. Any change in the effective control or management of the Client shall be deemed an assignment.
LocalSalesCreator.com reserves the right to assign or transfer the benefit of this agreement with the Client to any third party without the prior connect of the client.
15. Website Ownership Terms
The Client shall not sell or give away space on their website to any third party without the prior written consent of LocalSalesCreator.com.
16. Software Use Agreement
All upgrades to LocalSalesCreator.com software and associated products are provided free-of-charge – however, should additional functionality and or Webbit’s be made available some additional charges may apply and would be purchased separately.
17. Legal Juridiction
The laws of New Zealand shall apply to this agreement.
18. Convenience Fees Terms
All credit card payments attract a convenience fee of 4% plus 45 cents per transaction. This convenience fee equates to the PayPal fee LocalSalesCreator.com is charged for processing credit card transactions. As such if a processed payment is to be reversed or refunded, the convenience fee portion of the payment is non-refundable.
19. Changes to the Terms and Conditions
LocalSalesCreator.com reserves the right to update its terms and condition of service without prior notice to the client.