Terms & Conditions

Terms & Conditions

If you browse and use our website (Finlay.co.nz) you are agreeing to comply with and be bound by the following terms and conditions of use, which, together with our privacy policy, govern Finlay.co.nz” s relationship with you in relation to our website.
The term “Finlay.co.nz” or “us” or “our” or “we” or “I” or the name “Finlay” refers to the owner of the website, “Finlay”. The term “you” refers to the user or viewer of the website.
The use of this website is subject to the following terms of use:
‘ The content of the pages of this website is for your general information and use only. It is subject to change without notice.
‘ Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. It does not constitute specific professional advice on any matter nor should it be used as such. Whilst we use every effort to ensure that the content is accurate and up to date, nothing on this website should be construed as professional advice. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
‘ Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
‘ This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
‘ All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website, and remain the property of that respective owner.
‘ Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
‘ From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s) and will not be held liable for any loss or damage sustained by any user who visits the linked website(s).
‘ You may not create a link to this website from another website or document without our prior written consent.
‘ Any marketing material found on this website does not constitute an offer of business or a contract of business and all services are subject to a formal quotation and availability.
‘ Your use of this website and any dispute arising out of such use of the website is subject to the laws of Australia.

DATA PROTECTION AND PRIVACY POLICY

At various times and at various stages of an order or service delivery, information about our customers will be stored electronically on our systems. At various stages of an order or service delivery, we may be in position of the personal data of our customers. The following policy governs the way we handle that data.
The term “Finlay.co.nz” or “us” or “our” or “we” or “I” or the name “Finlay” refers to the owner of the business, “Finlay”. The term “customer” refers to the person whose data is being stored electronically. The term “personal data” refers to, but is not limited to, the following non-exhaustive list of attributes: Name, Address, Telephone Numbers, Fax Numbers, Email Addresses, Order History Information about your computer including Make, Model, Serial number, Operating system, Key specifications, performance information, et al. The term “customer”s personal files” refers to the programs, operating systems, and personal documents including documents, images, music, etc, that may be stored on the hard drive, removable media, external storage, optical drives, volatile memory, solid state drives, or any other kind of data storage device that is either in, or connected to any device that is being worked on or transported by us.
Your Personal Data will be subject to the following rules:
‘ Your Personal Data will be stored on an encrypted system which requires password access
‘ Backups of your Personal Data will be stored on an encrypted file system requiring password access
‘ Your Personal Data will only be viewed by our employees
‘ Your Personal Data will never be sold, lent, hired, or given to any 3rd party for any reason
Your Personal Data will occasionally be used to market our new products and services, you can opt not to receive this material by sending an email to that effect to: miles@finlay.co.nz
‘ Payment card information will never be stored, either electronically or physically.
Your personal files will be subject to the following terms and conditions:
‘ Every effort will be made by us to prevent data-loss but that occasionally system faults can lead to irrecoverable loss of data and the customer will not hold Finlay responsible for any such loss.
‘ Your equipment containing your personal files may at some point be transported by vehicle from your premises to our workshop and/or back again. During this transportation your equipment will be at risk of theft from our vehicle. Every effort will be taken to prevent theft or damage including but not limited to: packing the equipment in impact-resistant material, covering the equipment with a benign covering so not to draw attention, not leaving the vehicle unattended for long periods or in areas where there may be a high risk or danger, always locking the vehicle and arming the security device if fitted. Despite these preventative steps there may still be a risk of equipment theft or damage or data loss or corruption for which you will not hold us responsible. Should there be a situation of equipment theft or damage or data loss or corruption then we will take reasonable steps to assist you to recover from the situation.
‘ We agree not to disclose any and all information or data files supplied with, stored on, or recovered from your equipment except to employees or agents, subject to confidentiality agreements or as required by law.
‘ Before following any advice or installing any software or hardware recommended or mentioned on our website or by us, you must perform a full backup of your data and system configuration. We shall under no circumstances be responsible for data loss or system failure.

TERMS AND CONDITIONS

Please read these Terms and Conditions carefully. You are required to read and understand them before instructing us or proceeding further with an order. If you do not accept these terms please do not use our services or please contact us to discuss your concerns.
The term “Finlay.co.nz” or “us” or “our” or “we” or “I” or the name “Finlay” refers to the owner of the business, “Finlay”. The term “customer” refers to you, the person instructing us or placing an order with us.
‘ By ordering services you are agreeing to these Terms & Conditions and agree to be bound by them as a contract of work.
‘ We reserve the right to update these Terms and Conditions at any time by notice to you with immediate effect. If you do not agree to the relevant change, your only remedy is to terminate the Services by 14 days” notice to us.
‘ We will do our best to answer accurately queries e-mailed to us by you but in our sole discretion, reserve the right not to answer such queries. Such queries and answers do not form a contractual relationship between us and we accept no contractual responsibility for our responses.
‘ Refunds in relation to any Services or Sales will be given at our discretion.
Should you have any complaints regarding Services received from us, please send an email to sales@finlay.co.nz detailing the nature of your complaint.
You agree to keep us up to date with any changes in your contact details. This includes the provision of a working email address that you regularly check. If there is a change in your personal details or you do not wish to receive any information from us please communicate this by email to sales@finlay.co.nz.
‘ Nothing in these Terms and Conditions shall operate to exclude or limit Our liability for (a) death or personal injury caused by our negligence; (b) fraud; or (c) any other liability which cannot be excluded or limited under applicable law.
‘ Subject to the clause above above, We will not be held liable or responsible for any direct or indirect loss or damages to your business or that of any third party nor for any loss of profits, opportunity or data.
‘ Except where agreed otherwise, Payment is due in full upon completion of services, prior to release of the website.

TERMS AND CONDITIONS OF SERVICE – WEB DEVELOPMENT

‘ We can only create you a meaningful website if you help by supplying us with some pictures and as much content as you can, the more you supply us the more we can help you and the easier you will be found. If you do not supply us with images or content for your site then it will not be possible to complete and there will be no refund.
‘ By providing us with content in the form of design files, text or images, you are confirming that you have the rights to use and distribute that content and the content is not prevented from publication by copyright, other terms or by law.
‘ During the development process, we will work to a design brief to form a layout or template theme for your website. Once the theme is produced it will be used to produce all the pages of your website. The process will allow a few drafts for your approval. Once the proof has been produced then there will be reasonable number of changes permitted ( one or two changes) before publication. Once publication has occurred then there will be no opportunity to change the template without incurring further production charges, unless we are designing a CMS site which can be re-skinned at a later time using our normal change-control procedure.

Cancellations & Refunds

All deposits and fees paid are non-refundable after the design brief is returned to Finlay or after 14 days has elapsed since the date of deposit paid. Refunds will be less an $80AUD+GST admin fee.
Once the design work has been signed off prior to the website build all fees are payable in due course, no cancellations will be accepted and all services ordered must be paid for in full.
The usability, functionality and/or limitations of content management systems is no reason for not paying the balance of your website. If you require a particular functionality Finlay provides demos of both CMS programs that you can trial prior to purchase.
Fees charged on a prepay basis are non-refundable.
If a customer contravenes the Finlay terms and conditions, Finlay reserves the right to terminate the service immediately with no refund.
If Finlay is required to employ the services of a debt collector to pursue any overdue balance payment, a $40AUD + GST fee will be passed on to the customer and added to the customers invoice.
If the customers website has been terminated due to cancellation or expiry, Finlay can reinstall the website within a 12 month period at a cost of $195AUD + GST providing the client has a back up of the website.
All cancellations must be requested in writing. Some services, including eShop website, PPC and SEO, require a signed cancellation form, which can be requested from our administration team. We require 30 days written notice.

Website Design & Support

You will receive one website design concepts by email based on the design brief you submit. You can request a reasonable number of changes to the concepts until the design is to your satisfaction, approx 2-3 is normal.
All websites will be delivered with blank pages and/or a blank database, the customer is responsible for inserting copy, products and/or images etc.
While you maintain full ownership of your content and design, some elements of the website designs remain the copyright of Finlay.
In the event of you terminating your contract, you will be able to take full possession of your design and content of your site; however elements of the CMS software will remain on Finlay servers and you may need to purchase licences to use the CMS (or elements of) on another server. If you have purachsed the CMS is not transferable.
During the design process Finlay may purchase Shutterstock images for your site. The images can be used in the design of the website only. Images cannot be used for any other purpose.
If a logo has been purchased, this will need to be signed off before the website design is commenced.

Finlay sites are self managed and Finlay is not responsible for any copy, editing or updating of the clients website. Finlay is under no obligation to do any work on your website unless contracted to do so.
Finlay has a business hours 9am-5pm AEST. This service is provided to direct you to information to solve a single problem.
Each website account is allocated the standard relevant bandwidth and disk space and any additional usage is an additional charge. Finlay will monitor your usage and if Finlay anticipates that your website may require more bandwidth/disk space your allocation will be increased. Please see website for allocations and prices. When additional bandwidth/disk space is purchased, the activation of the disk space is provided as the website requires it up to the purchased amount.
Although Finlay monitors the bandwidth/disk space usage of the website, Finlay does not take responsibility for any website going offline due to exceeding bandwidth or disk space.
On all Finlay websites there is text that links to the Finlay website. This page is linked from the footer of the client’s website. Neither the footer link nor the authorship page can be removed.
Finlay does not allow any of the following content or websites to be stored on its servers:
Illegal material, including copyrighted works, commercial audio, video, or music files, and any material of any type in violation of any Federal, State or Local law or regulation anywhere in the world.
Scripts – any script that creates a load on the server will be removed.
Warez, including pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide ‘links to’or ‘how to’ information about such material.
Adult material, including pornography, erotic images, or otherwise lewd or obscene content of any type. In addition to this websites are not allowed to link to this type of content. What constitutes ‘adult material’ is entirely at the discretion of Finlay.
Websites that promote the sex service industry, which includes but is not limited to prostitution or ecdysiasm.

Disclaimer

Finlay and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, shall not be liable, under any circumstances or legal theories whatsoever, for any loss of business, profits or goodwill, loss of use or data, interruption of business, or for any indirect, special, incidental or consequential damages of any character, even if Finlay is aware of the risk of such damages, that result in any way from the Customer’s use or inability to use the online services or the software, or that result from errors, defects, omissions, delays in operation or transmission, or any other failure of performance of the website, servers or the software.
Finlay makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Finlay also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer.
Use of any information obtained by way of Finlay is at the Customer’s own risk, and Finlay specifically denies any responsibility for the accuracy or quality of information obtained through its services.
Finlay expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Finlay specifically denies any responsibilities for any damages arising as a consequence of such unavailability.

Limited Liability

The Customer expressly agrees that use of Finlay websites and services is at the Customer’s sole risk. Neither Finlay, nor its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that the Finlay service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the service or as to the accuracy, reliability or content of any information, service or merchandise contained in or provided through the Finlay servers, unless otherwise expressly stated in this agreement.
Under no circumstances, including negligence, shall Finlay, its officers, agents or anyone else involved in creating, producing or distributing Finlay services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Finlay website services; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorised access to Finlay’s records, programs or services. The Customer hereby acknowledges that this paragraph shall apply to all content on Finlay’s servers.
Notwithstanding the above, the Customer’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which the Customer paid during the term of this Agreement and any reasonable attorney’s fee and court costs.

Governing Laws

This agreement shall be governed in all respects by the laws of New South Wales, Australia. The parties are to irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

Severability

This agreement shall be governed in all respects by the laws of New South Wales, Australia. The parties are to irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.