Legal

Please read carefully

These terms and conditions are a necessary part of any transaction between Snuffbox and its clients. One thing they do not cover but imply is our commitment to building genuine working relationships with all our partners and clients through personal service and ethical trading. Please read the terms and conditions carefully but also contact us if you have any questions.

We reserve the right to update these terms and conditions at any time without prior notice.

The following terms and conditions apply to all web site design and development services offered by and its suppliers. By ordering services from and its suppliers you are agreeing to the following terms and conditions.

Last Updated: 27 August 2006

1. We reserve the right to refuse to construct a web sites which we may judge as unfit due to content or otherwise. This includes, but is not limited by, sites containing adult oriented material, sites which promote hatred towards persons belonging to any ethnic group, religion or sexual orientation and sites which infringe copyright or are contrary to Canadian laws.
2. The acceptance of a commission shall be deemed as a contractual agreement between Snuffbox, it's suppliers and the client and thereby agreement to the terms and conditions herein.
3. For larger commissions as defined by Snuffbox, a minimum payment of 25% of the estimated project gross cost are due prior to commencing any work. A further payment of 50% is due at the time of launch of the 'beta' version of the project. The balance of 25% will be due immediately upon the day that the project become 'live' on the web (defined as the activation of the homepage of the site on the client's domain). For individual projects or bodies of work Snuffbox may vary the payment terms as it deems appropriate at it's sole discretion. Any variation in payment terms will be clearly stated in the quotation for the body of work. Variation to the payment terms do not affect the remaining terms and conditions as described herein.
4. Snuffbox and its suppliers cannot always guarantee to start work immediately on a commission but will make their best efforts arrange a date with the client as to when work can commence. Delivery schedules for work (where required) will be defined in the production specification for the commission, but Snuffbox accepts no responsibility for delays caused by suppliers or contributors including, but not limited to, contributions that are to be made by the client. If a delivery schedule is not explicitly stated in the specification then Snuffbox will deliver the commissioned body of work within a reasonable time according to the amount of work necessary to complete the commission.
5. Snuffbox will produce a production specification for the commission in collaboration with the client. When engaging the services of Snuffbox the production specification is deemed to be the full body of work to be completed. If, following approval of the specification and during the Website Development Cycle the client wishes to make changes to the specified work then Snuffbox will produce a discreet quotation that defines any extra charges to be incurred. Acceptance of this discreet quotation will be taken as agreement to commission a separate body of work from that defined in the original proposal and will not supercede or cancel the original agreement except when explicitly stated.
6. All material, both text and images, supplied by the client will remain the client's property. The client is responsible for securing all necessary licenses or permissions for copyrighted content that is supplied to Snuffbox. All such material supplied by the client will be assumed to be the property of the client and therefore free to use in any development without fear of breach of copyright laws.
7. The copyright for all material provided by Snuffbox and its suppliers, such as code, programming, graphics, photographs, images and text, will remain the property of Snuffbox and its suppliers until such time as payment has been made in full, whereupon said copyrights will become the property of the client, except where superceded by copyright outside the control of Snuffbox or its suppliers or where Snuffbox or its suppliers (at their sole discretion) wish to retain copyright for licensing purposes.
8. Snuffbox and its suppliers make every effort to design the pages which display acceptably in 2005 standards compliant browsers to the standard moderated by the World Wide Web Consortium automatic validation tools for HTML, XHTML and their variants, but cannot accept responsibility for pages which do not display acceptably in new versions of browsers released after pages have been designed.
9. If a client wishes Snuffbox and its suppliers to promote a web site as a separate commission, Snuffbox and its suppliers will make every reasonable effort to promote the website effectively but cannot guarantee high rankings in search engine results.
10. Snuffbox and its suppliers can accept no responsibility or liability if any search engine, online directory or search site does not index the web site fully or display the web site in search results.
11. Snuffbox and its suppliers will initially place the client's website on one of Snuffbox and its suppliers' demonstration servers during the Website Development Cycle so that the client may view the website's progress. When both Snuffbox and its suppliers and the client agree that the website meets the criteria agreed during the commissioning process, Snuffbox and its suppliers will invoice the client for the full amount due for the commission. On receipt of payment, Snuffbox and its suppliers will publish the website on the client's server, or provide the source code for the site via a download (or cd-rom disk) for the client to upload.
12. If at any point during the Website Development Cycle a client wishes to cancel, they may do so but will be invoiced an amount that Snuffbox and its suppliers in it's sole judgment deems to be appropriate for the amount of work completed on the commission up to the point of cancellation. Snuffbox and its suppliers will make every reasonable effort to supply the work done to the point of cancellation immediately following receipt of all outstanding payments. Snuffbox will charge a reasonable fee for any extra time spent in transferring the work already completed to the client or any person or persons nominated by the client and include these in a final invoice prior to transfer of files. Snuffbox will not be liable for support or further services to the client or their nominees unless arranged by agreement.
13. If, during the Website Development Cycle, the client does not supply the content required in order to complete the commission within a reasonable amount of time (14 days), Snuffbox and its suppliers will consider that the client wishes to cancel the commission. Paragraph 12 will then apply.
14. All invoices are issued to the email address supplied by the client in .pdf format. Hardcopy is only provided to the client upon specific request.
15. All invoices are due immediately upon completion of the project as outlined in item .3 above, unless a prior payment schedule has been agreed to in writing by Snuffbox. All payments must be received within 30 calendar days from the date of issue of the relevant invoice otherwise interest and administrative charges will apply (see item .18)
16. GST will be applied as required.
17. Any payment returned by the bank or credit card company will incur a $35 administration charge. This will be invoiced and will be added to the total outstanding debt owed by the client.
18. Any late payments made in relation to amounts owing to Snuffbox and its suppliers that are received outside the 30 day invoicing period will be subject to an administration fee of $35 in respect of each reminder letter or email sent. In addition interest at 22% per annum (compounded and charged monthly) will be added. If any additional administration work or outside agency is used in collecting the debt then these costs will be added to the account.
19. Snuffbox and its suppliers do not undertake to maintain or update a client's website as part of the design and development commission. If a client wishes Snuffbox and its suppliers to maintain or update a web site as a separate commission, Snuffbox and its suppliers will negotiate with the client a maintenance contract appropriate to the amount of work required. Web site maintenance may also be undertaken on a time and materials basis if the client so wishes.
20. Snuffbox and its suppliers reserve the right to alter prices at any time without notice. If a client has commissioned any services from and its suppliers prior to a change in prices, that commission will not be subject to any increase, but any subsequent commission may be subject to an increase.
21. By agreeing to these terms and conditions your statutory rights are not affected.

ACCEPTANCE OF AGREEMENT

BY ENTERING INTO A COMMISSION WITH SNUFFBOX YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.