Terms of Trade.

Code Monkey General Disclaimer.

• Code Monkey shall in no way be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to any products or services of Code Monkey.

• Under no circumstances will Clients' personal information be given out to any third parties. Any information held by Code Monkey is for use solely by Code Monkey for contact and billing information only.

• Any data hosted on a site built by Code Monkey is subject to meeting the following criteria:
• Data must not be illegal (copied applications, games, etc)
• Data must not be pornographic or of a pornographic nature.
• Code Monkey will respect the privacy of the individual or business hosting data and Clients are responsible for ensuring their own data meets the above criteria.
• If material of an illegal nature is being stored unbeknown to Code Monkey, Code Monkey disclaims all liability for the data.
  
• Code Monkey shall in no way be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to data hosted on any site built by Code Monkey or hosted through a third party website host.
• If it is bought to Code Monkey’s attention that an account is being abused where data is being stored that does not meet the above criteria, Code Monkey reserves the right in its sole discretion to disable the offending account from service until it qualifies the aforementioned criteria or ban the user from our service altogether.

• Payments for Website Design are to be made prior to the website going live.
• Payments for website updating tuition are to be made upon completion of tuition.
• Payments for updating websites are to be made within seven (7) working days of completion of update.
• If payment is not received within seven (7) days of the due date, the website will be removed from the Internet until such time as payment is received. A reconnection fee of $50.00 +GST will apply. Any collection costs will be passed on to Clients with overdue accounts requiring debt collection.
• If the Client has not delivered all material to Code Monkey to be used in the production of their website 30 days after signing the Terms of Trade authorising Code Monkey to build a website, and if Code Monkey has done work on the website during that time, the Client will be billed for the work that has been done thus far, to be paid within seven (7) working days.
• If the Client wishes to abandon the project with Code Monkey after authorising Code Monkey to build a website, the Client will still be liable to pay for any work Code Monkey has done on the website. Payment will be due within seven (7) days of the project being abandoned. This includes websites that are abandoned because the Client(s) cannot agree within their company on how they want the website to look, or if a Client finds someone who says they will build them a website for free.

• Domain Name Registration and Website Hosting can be arranged for all Clients, or Clients can arrange this themselves.

• The Client will use the services offered by Code Monkey in a manner consistent with all applicable laws and regulations of their governing body. At all times the laws and regulations of New Zealand shall be the deciding ruling should a difference exist.

• The Client shall not knowingly or unknowingly submit to Code Monkey for publication any of the following material (including pictures, links, or any other content):
• Any material which violates or infringes any copyright, trademark, trade secret, patent, statutory, common law or other proprietary rights of others;
• Any material that is libelous or slanderous
• Any material which is or contains anything obscene, pornographic, or offensive including links to such material; or
• Distribution lists to be used via unsolicited electronic mail or other mass electronic mailings.
• Code Monkey will not be held liable for breach of copyright should a client submit material for use on their website for which they do not own the copyright.
• Due to the public nature of the Internet, all material submitted by the Client for publication will be considered publicly accessible.
• Code Monkey reserves the right to reject any material for publication on a website that violates the above conditions.
• Code Monkey will not be held liable for any objectionable material a Client publishes on their website themselves after receiving website updating tuition from Code Monkey.

• Code Monkey specifically disclaims any other warranty, express or implied, including any warranty of merchantability or fitness for a particular purpose. In no event shall Code Monkey be liable for any consequential, indirect, special or incidental damages, even if Code Monkey has been advised by the Client of the possibility of such potential loss or damage. If Code Monkey's service to Client is disrupted or malfunctions for any reason, Code Monkey shall not be liable for loss of income due to disruption of service, beyond the fees paid by Client to Code Monkey for services, during the period of disruption or malfunction.

• Code Monkey is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network of which its customers may utilise.
• Code Monkey does not represent or warrant to the Client that the Client will receive continual and uninterrupted service during the term of this Agreement. In no event shall Code Monkey be liable to the Client for any damages resulting from or related to any failure or delay of Code Monkey to provide service under this Agreement if such delays or failures are due to strikes, riots, fire, inclement weather, acts of God, power outages, theft or vandalism or other causes beyond Code Monkey's control, as defined by standard practices in the industry. Such failure or delay shall not constitute a default under this Agreement.

• The Client agrees to defend, indemnify and hold Code Monkey harmless from and against any and all claims, losses, liabilities and expenses (including legal fees) related to or arising out of the services provided by Code Monkey to the Client under this Agreement, including without limitation claims made by third parties (including customers of the Client) related to any false advertising claims, liability claims for products or services sold by the Client, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided hereunder, or for any content submitted by the Client for publication by Code Monkey, but excluding those related to the negligence of Code Monkey.

• This Agreement shall be governed by the laws of New Zealand.

• The parties intend that an independent contractor relationship will be created by this contract, and that no partnership, joint venture or employee/employer relationship is intended.

• If any federal, state, governmental or local governmental entity with taxing authority over the services provided under this Agreement imposes a tax directly on the services provided by Code Monkey to the Client under this Agreement (excluding any income, business and occupation, capital gain, death or inheritance, or other indirect taxes), then Code Monkey may pass the direct amount of such cost on to the Client, and the Client shall promptly pay such cost.

• Any party's failure to insist on compliance or enforcement of any provision of this Agreement shall not affect its validity or enforceability or constitute a waiver of future enforcement of that provision or of any other provision of this Agreement.

E-MAIL CODE MONKEY to discuss any legal aspects of website design.