Last updated: January 1, 2017

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.januarymade.co.nz website (the "Service") operated by January Made Design ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

By contracting January Made Design for work, you agree that you have read the terms and conditions.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of January Made Design and its licensors. The Service is protected by copyright, trademark, and other laws of both the New Zealand and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of January Made Design.

Where January Made Design creates any product, system, website or graphic, the intellectual property rights for that product, system, website or graphic, remain the property of January Made Design unless express permission and agreed in writing that the rights should pass to the customer. All work completed by January Made Design is subject to copyright and terms and conditions of trade. Reproduction or issue to third parties in any form is not permitted without authority from January Made Design.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by January Made Design.

January Made Design has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that January Made Design shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Limitation Of Liability

In no event shall January Made Design, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

January Made Design its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Governing Law

These Terms shall be governed and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us.

The Finer Details

Quotes

Unless otherwise stated, quotations remain available for acceptance for 30 days from the date of the quote, after which a revised quotation may be required.

All quotations are exclusive of GST.

All quotations are based on the terms, conditions and specifications in the quotation, and cover all work and materials required to complete the project. Any variation or alteration to the specifications, copy and/or layout by the customer, increase in material costs, or delivery schedule will make the quotation subject to amendment.

Deposit

A deposit of 50% is required before commencing any design or development job.

Payment is payable by direct credit via Internet banking. Bank account details for such payments are on the  invoice.

Complaints

Complaints regarding finished goods must be received by the supplier within a reasonable time in writing. What is a “reasonable time” will depend on the circumstances of each case.

Proof Approval

January Made Design is not liable for errors in the finished work where a proof has been submitted to and approved by the customer.

Termination of Contract

Where a contract is cancelled by the customer, all work properly done by the supplier will be paid for by the customer. Contracts for the printing of periodicals can only be cancelled on the supplier receiving the agreed amount of notice in writing.

Electronic Images and/or Files

It is the customers responsibility to retain a copy of any image or file supplied. The supplier is not responsible for accidental damage to any material supplied. Any additional translating, editing or programming needed to utilise customer supplied files or images will be charged.

Colour Proofs

There is no guarantee that production prints will exactly match colour proofs because of variations in proof preparation methods and substrates. The supplier will however use its best endeavours to provide a commercially acceptable finished product.

Illegal or Libellous Material

The supplier is not required to reproduce any material that is, in the suppliers opinion, illegal or libellous in nature or that is in breach of any statute. The supplier will be indemnified by the customer in respect of any and all claims, costs, and/or expenses arising out of any libel or breach of statute or infringement of copyright, patent or
design.

Last updated: July 1, 2016