These Terms & Conditions set out the basis on which you may access and use the dsh Design website (https://dshdesign.co.nz/) and, in general terms, engage dsh Design for web and graphic design services.
By accessing or using this website you agree to be bound by these Terms & Conditions and by any other policies or notices referred to here. If you do not agree with these terms, you should stop using the website.
These Terms & Conditions are intended to be clear and accessible. They do not replace any specific written agreement you may enter into with dsh Design for particular services; in the event of any inconsistency, the specific written agreement will prevail.
“dsh Design”, “we”, “our” and “us” refer to the freelance business dsh Design based in Rangiora, Canterbury, New Zealand. “You” and “your” refer to any person or organisation that accesses this website or engages our services.
This website is provided to give general information about dsh Design and the services offered. You agree to use it only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the website.
You must not:
- Use this website in any way that is unlawful, fraudulent or harmful, or in connection with any such purpose or activity;
- Interfere with or disrupt the operation or security of the website, its servers or networks;
- Attempt to gain unauthorised access to any part of the website, other accounts, computer systems or networks connected to the website;
- Introduce viruses, malware or other harmful code.
The information on this website is provided for general guidance only. It is not tailored to your specific situation and should not be relied on as professional, financial, legal or technical advice. You are responsible for determining whether any information, service description or example is appropriate for your needs.
We may, at any time and without notice, modify, suspend or discontinue any part of the website.
Unless otherwise stated, all content on this website is owned by or licensed to dsh Design. This includes, without limitation, text, graphics, logos, trade names, layout, design, icons, images, and any downloadable materials.
You may view, download (for caching purposes only) and print pages from the website for your own personal or internal business use, provided that you:
- Do not remove any copyright or proprietary notices;
- Do not modify the content in any way; and
- Do not use any content in a misleading or deceptive context.
Except as permitted above or with our prior written consent, you must not copy, reproduce, republish, upload, post, transmit, distribute, sell, license or otherwise exploit any content from this website in any form or by any means.
All trademarks, service marks, trade names and logos used on this website remain the property of their respective owners. Nothing on this website grants you any licence or right to use any trademark displayed on the site without the written permission of the trademark owner.
dsh Design provides web design, website maintenance, domain and hosting management, and various graphic design services (including brochures, business cards, ad copy and digital flipping books) primarily for small and start-up businesses.
The specific scope of work, deliverables, timelines and pricing for any project will be set out in a quote, proposal, email agreement or other written confirmation provided to you. That document, together with these Terms & Conditions, will form the agreement between you and dsh Design.
Your responsibilities
- Provide accurate and complete information, content and materials (such as text, images and branding assets) required for the project;
- Ensure that you have the necessary rights, permissions and licences for all content you supply, and that such content does not infringe any third-party rights or applicable laws;
- Review proofs, drafts and test sites promptly and provide clear feedback and approvals;
- Pay invoices on time, in accordance with the payment terms stated in the relevant quote or invoice.
Our responsibilities
- Use reasonable care and skill to deliver the services described in the agreed scope of work;
- Communicate clearly about project stages, required inputs and expected timeframes;
- Make reasonable efforts to implement your requested changes within the agreed scope and budget.
Changes, delays and cancellations
Where you request changes that are outside the agreed scope, or where delays occur due to late feedback, additional content or external dependencies, we may need to adjust timelines and pricing. Any significant variations will be discussed with you in advance where reasonably possible.
Deposits, staged payments and cancellation terms (including any non-refundable amounts) will be specified in the relevant quote, proposal or invoice and will apply in addition to these Terms & Conditions.
While dsh Design aims to keep the information on this website up to date and accurate, the content is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, we do not give any warranty, representation or guarantee (express or implied) about:
- The accuracy, completeness, reliability, suitability or availability of the website or any content on it;
- The results that may be obtained from using the website or any services described on it;
- The continuous, uninterrupted or secure access to the website.
Any reliance you place on the information on this website is strictly at your own risk. You are responsible for making your own inquiries and seeking independent advice where appropriate before acting on any information or examples provided.
This website may contain links to third-party websites or resources that are not controlled by dsh Design. We provide these links for convenience only and do not endorse, and are not responsible for, the content, privacy practices or availability of those external sites.
To the fullest extent permitted by law, dsh Design and its owner will not be liable to you or any other person for any loss, damage, costs or expenses of any kind arising out of, or in connection with:
- Your access to or use of this website;
- Any errors or omissions in the content of the website;
- Any interruption, delay, failure or security breach in relation to the website;
- Any use of, or reliance on, any services or deliverables provided by dsh Design, except to the extent expressly set out in a written agreement with you.
In any case where we are found to be liable to you and liability cannot be excluded, our total aggregate liability to you (whether in contract, tort, equity or otherwise) in respect of all claims arising from or in connection with the website and/or the services will be limited to the total fees actually paid by you to dsh Design for the specific project or service giving rise to the claim.
We will not be liable for any indirect, consequential, special or incidental loss, or for any loss of profit, revenue, data, opportunity, goodwill or business, even if we have been advised of the possibility of such loss.
Nothing in these Terms & Conditions is intended to exclude, restrict or modify any non-excludable rights you may have under New Zealand law.
You agree to indemnify dsh Design and its owner against all losses, damages, liabilities, claims, costs and expenses (including reasonable legal costs) incurred or suffered by us arising out of or in connection with:
- Your breach of these Terms & Conditions;
- Your misuse of this website;
- Any content, materials or information you provide to us that infringe the rights (including intellectual property rights) of any third party or breach any applicable law.
This indemnity is subject to any limitations or exclusions set out in a specific written agreement between you and dsh Design.
These Terms & Conditions, and any dispute arising out of or in connection with them or your use of this website, are governed by the laws of New Zealand.
You submit to the non-exclusive jurisdiction of the courts of New Zealand in respect of all matters relating to these Terms & Conditions and your use of the website. This means that you may also be able to bring proceedings in your local jurisdiction where applicable law permits, but New Zealand law will still apply.
We may update or revise these Terms & Conditions from time to time, for example to reflect changes in our services, in technology or in applicable laws.
When we make changes, we will update the “Terms & Conditions” page on this website and, where appropriate, may highlight the change date or provide a brief notice on the site. The updated terms will take effect from the time they are posted.
By continuing to use this website after any changes are made, you are deemed to have accepted the updated Terms & Conditions. We recommend that you review this page periodically to stay informed about the current terms that apply.
If you have any questions about these Terms & Conditions, or about how they apply to your use of this website or to a particular project, please contact dsh Design.
Email: ross@pagans.nz
Website: https://dshdesign.co.nz/
Phone: 021 048 4261
Location: Rangiora / Canterbury / New Zealand
You can also use the enquiry form on the Contact page of this website to get in touch about any aspect of these terms.