Terms & Conditions

The following terms apply to the UpShift Limited Traction Offer. Any business transaction between UpShift (‘the company’) and a separate Company or Person (‘the client’) is subject to agreement to these conditions by all parties.

Contents

1. Terms relating to the Traction offer as advertised in Spoke #86 (November 2022), Spoke #87 (March 2023) & spokemagazine.com during the stated period.
2. UpShift Limited Standard Terms of Service
3. Legal jurisdiction
4. Intellectual Property and Copyright
5. Conflict resolution
6. Termination of contract

1. Traction offer*

• Offer valid until 30 June 2023
• Minimum spend required NZD$10,000 (ex GST) prior to 15% discount application
• Acceptance of projects is subject to the sole discretion of UpShift Limited

2. UpShift Limited Standard Terms of Service

• UpShift will provide the client with an estimate of the time required and cost (ex GST) to complete the project.

• Costs identified in any estimate represent what UpShift expects to charge to deliver this service based on our experience and the brief provided. Additional work undertaken as a result of a change in the brief or desired outcome of this project (which is not uncommon during creative projects) will add to or reduce the cost. UpShift will flag any additional workload required as soon as it becomes apparent, discuss the extra work necessary, and endeavour to minimise any additional costs.

• On acceptance of our estimate a deposit of 50% of the estimated total will be billed.

• On receiving payment of the deposit, UpShift will commence the project. If the project takes more than four weeks to complete, progress invoices will be raised at the end of each calendar month.

• Prompt payment of the progress invoice is required to enable UpShift to continue working on the project. If payment isn’t received work will be put on hold until the payment clears, at which stage work will continue.

• The remainder of the project cost will be billed at project completion.

• When the final invoice has been paid, UpShift will finalise the project (e.g release the master artwork/make the website live).

• If all the required content (text, images, logos, data, etc.) has not been supplied by the client three months after the start of the website build UpShift will complete the build using placeholder content and invoice the remaining amount.

• Payment terms are seven (7) days.

• Alternative payment options can be negotiated if required.

• Work remains the property of UpShift until all invoices are paid in full.

3. Legal jurisdiction

The Traction Programme and this agreement fall under New Zealand jurisdiction and are therefore subject to the laws of this state.

4. Intellectual Property

Intellectual Property Rights and Copyright law are to be respected by all parties under New Zealand law. All work remains the property of UpShift until payment is made in full or the contract is terminated.

5. Conflict Resolution

Should any conflict arise between the parties involved in this contract, all effort will be made to reach a satisfactory resolution for each party. This may involve consulting a third specialist party, the costs of which will be shared between the parties.

6. Termination of Contract

If either party wishes to terminate the contract before the project is completed, a respectful explanation is required. Any work as yet not paid for will remain the property of UpShift. This may involve consulting a third specialist party, the costs for which will be shared between the parties.