These standard terms and conditions apply to all services carried out by 'Mediacore Solutions Limited' on behalf of it's 'client' in the supply of a product(s) as defined by the proposal.  In the event of any conflict between these terms and any other document these terms shall prevail. 'Mediacore Solutions Limited' is a New Zealand based company and as such all terms are judged in accordance with New Zealand laws. In agreeing to these terms all parties agree to be bound by the non-exclusive jurisdiction of the courts of New Zealand.

Where the 'supplier' is 'Mediacore Solutions Limited'.

Subcontractors
Where necessary the use of subcontractors may be required in the supply of the product(s) or a part of the product(s).

Confidentiality
All information provided by either party shall be kept in the strictest confidence. Where necessary and reasonable such information may be provided to subcontractors for the purpose of supplying a part of the product(s).

Proposals
All proposal's shall be in writing and presented as an 'estimate'. Any verbal indication of price is solely for the benefit of the recipients general knowledge.

Acceptance & Completion
Upon accepting a proposal or quote, the supply contract will be signed by both parties. The contract is deemed to be complete when the supplied product(s) meets the specifications as defined in the proposal or quote.

Termination Prior To Completion
If the 'supplier' receives notification from the 'client' that they wish to terminate the contract prior to completion, the deposit shall be forfeited. At termination all Intellectual Property Rights shall be retained by the original owner.

On-time Delivery
All parties agree that delays may occur due to the nature and complexity of dealing with computer generated and/or internet based product(s). However all measures will be taken to ensure an on-time delivery of the agreed product(s). The 'client' shall be notified at the earliest point in time possible of any delay that may occur.

Payment
Terms for payment are outlined in the proposal or quote provided to the 'client'. All outstanding monies will be expected within 14 days after the supply of the final product(s). For any outstanding amounts the 'supplier' may, at their discretion, charge interest on the outstanding amount at a rate 5% above their current bank interest rate and/or suspend or withdraw the supply of any services or product(s).  Collection of the outstanding monies may be passed onto a debt collection agency.

Liability Exclusion
While the 'supplier' will make every reasonable effort to ensure the accuracy of the product(s) supplied to the 'client', they will not, under any circumstances, be liable or responsible for any loss or damage whatsoever sustained or incurred arising from any use of, or reliance on, such product(s) whatsoever, and arising from any cause whatsoever, including, without limitation, negligence.

Force Majeure
The suppliers failure to perform any term or condition of this agreement as a result of conditions beyond their control such as, but not limited to, war, strikes, fires, floods, acts of god, governmental restrictions, power failures, or damage or destruction of any network facilities or servers, shall not be deemed a breach of this agreement.

Client Licence
The 'client' grants any consent or licence that may be required by the 'supplier' to complete the product(s) as specified. The 'client' warrants that it does indeed have the right to grant consent to use material or objects supplied by and for use in the specified product(s). Also has obtained all permissions and authorisations necessary to use all materials supplied by the 'client'.  If so required the 'client' will provide written consent to this effect. If such consent cannot be procured the 'supplier' will reserve the right to either not incorporate the said material in the product(s). The 'client' shall indemnify and insure the 'supplier' against any and all liability, loss, damages, costs or other expenses of any nature whatsoever that may result as a consequence of any infringement of another parties intellectual property rights to material provided by the 'client'.

Intellectual Property
The 'client' shall retain all intellectual property rights to material or objects supplied by the 'client' for incorporation in the product(s). The 'supplier' will maintain their rights to all intellectual property incorporated in the product(s), including, but not limited to, techniques and methods used to develop the product(s) and any software developed or supplied. The 'client' may not use any part of the product(s) or software in any way other than its original purpose.  

As long as the 'client' fully complies with these conditions the 'supplier' grants the 'client' a perpetual, non-transferable, non-exclusive licence to use all proprietary material or objects contained within the product(s). The 'client' may make copies of the product(s), for its own use and/or backups.  The 'client' may alter or modify the product(s), provided the 'supplier' always retains the right to have the original authorship of the product(s) attributed to the 'supplier' and to have that authorship notified on the product(s), or removed from the product(s), at their request. The 'client' must not decompile, disassemble, decrypt, extract or otherwise reverse engineer any part of any product(s) supplied without the prior written consent of the supplier. The 'client' must hold any materials supplied to the 'client' by the 'supplier' in confidence. The 'client' must not disclose any of those materials to a third party without prior written consent from the supplier. The 'client' must take all reasonable steps within its power to protect the Intellectual Property of the supplier.

Build Credit
Where the product(s) is a website, the 'supplier' 'Mediacore Solutions Limited' shall be entitled to place a link to their website at the foot of each page that was supplied.

30 Day Warranty

The 'supplier' will fix any bugs found within 30 days following completion of the product(s) and of which prevent the product(s) from operating within its original scope or as intended.

The 'supplier' will at all times make best efforts to ensure the product(s) to be free from error.

However due to the complexity and nature of internet browser based products, the 'supplier' cannot reasonably guarantee that the product(s) will continually meet all of the requirements or that the standard day-to-day operation of the product(s) will be completely uninterrupted or error free.

In the following cases the 'supplier' will not be liable for fixing any bugs:

1. The bug does not, in any significant or obvious way, effect the operation of the product(s) as intended by th.
2. The bug is as a result of unauthorised modifications made to the product(s) by the 'client' or any third party.
3. The bug is as a result of the product(s) being used in combination with other software or equipment not intended in the original design brief and/or the product(s) is being used in a way and/or environment not recommended or instructed by the supplier.
4. The bug is a result of the failure of the 'client' to meet any agreed obligations.
5. The bug is as a result of changes made to third party software beyond the control of the 'supplier'. e.g. internet browser updates or other website viewing platforms.

Any repairs and/or modifications required under the above circumstances and not covered by the 30 Day Warranty will be carried out at the usual hourly rate.

Website Support & Maintenance

Monthly website support and maintenance shall be provided for the supplied product(s) as per the agreed Website Support & Maintenance plan:

Support & Maintenance shall be provided on the basis that the specification of changes:

1. Do not substantially depart from the initial specification or original scope of the product(s).
2. Require less than or equal to the monthly allowance of support hours provided in the  Website Support & Maintenance plan.

Where an agreement for on-going Support & Maintenance exists and if Maintenance work exceeds the credited monthly allowance, work will be charged at a discounted hourly rate. 

The monthly allowance of Support & Maintenance hours will expire at the end of each month if not used within that month and cannot be accumulated.