Terms of Engagement

We are LS designs (Liana Stevens) (called we, us or our below). These Terms of Engagement (called Terms below) apply to any services you (called you or your below) purchase from us from our website www.lsdesigns.co.nz, including any content, materials or deliverables provided as part of the services (Services). Please read these Terms carefully. By accessing the Services, you accept and agree to be bound by these Terms. 

 

OUR SERVICES

• The scope of our Services, Service packages, and the deliverables to be provided to you as a result of the Services are described on our website.

• To purchase our Services, you need to select the services you wish to purchase, and make payment at the checkout or directly with us. 

• The Services are only available to you and cannot be transferred to or shared with anyone else unless we provide written consent.

• We may modify or discontinue any Service or feature at any time. 

 

PRICE AND PAYMENT 

• The price(s) for the Services are as set out on our website unless otherwise agreed.

• Any prices we display (or advise you of) are in NZ dollars and include GST unless otherwise stated.  

• You can pay using by internet banking transfer, Debit card, Mastercard, Paypal and Visa. You may be directed to our payment provider’s website to complete payment. Their terms and conditions will also apply to your transaction, and if you pay by credit card, you may be charged an additional fee. If you pay by direct debit, you must pay all amounts to the account number we provide without deduction or set-off.

• You must pay for our Services either in full in advance of us starting the Services as indicated on our website. Access to or delivery of the Service will be provided following the successful completion of payment. Alternatively, by arrangement with us, you may pay a deposit of $500 for our Services before we start the Services, 50% of the remaining balance will be due after the initial design has been approved by you, and the final payment in full prior to the album being sent off for printing.

• We will invoice our fee(s) based on the payment timing in these Terms. You must pay the invoice amount to the account stated in the invoice by the date stated on the invoice, and we may refuse to provide any Services until the invoice is paid.    

• We will notify you if you don’t pay money due under these Terms on time. If you still don’t pay by the 7th day after our notice, we may charge you interest at 5% per annum above our bank’s current overdraft rate. Interest will accrue daily on the overdue amount until it is paid. 

• You will reimburse us for all debt collection, legal costs and any other costs we incur in recovering any amount you owe to us that is not paid when due, including bank fees and charges incurred due to the return or denial of any payment by your financial institution.

 

OUR GUARANTEES TO YOU

• We guarantee we will:

  • use the care and skill reasonably expected from a provider of similar services in New Zealand; and

  • use appropriately qualified and experienced people and comply with all applicable laws.

• We guarantee that all deliverables created as a result of the Services provided will:

  • be of an acceptable quality;

  • not violate any other person’s intellectual property rights; 

  • be delivered within the timeframes set out on our website; and

  • meet the description of the deliverables on our website (if applicable).

• You understand that technology is not always secure, and you accept this risk when using email, text, phone, WhatsApp, Teams, Zoom, and other platforms or portals we use to deliver our Services to you. We are not responsible for any computer virus or other harmful component or the theft, deletion, destruction, damage, loss or unauthorised access of any of your data stored in our system or any third-party platform we use to deliver our Services.

• If you think we haven’t met our guarantees or have any issues with the quality of your album, please email us explaining why. If we agree, we will provide you with a remedy, including re-providing the applicable Service, a credit, or a refund. 

• You and we agree that if the Services are being purchased for business purposes, the Consumer Guarantees Act 1993 does not apply to any product, services or materials provided under these Terms.

• If you live in New Zealand and are a consumer of our Services (for your personal use), you have certain rights under the New Zealand Consumer Guarantees Act 1993 and the Fair Trading Act 1986 (Consumer Law). If we haven’t met our obligations to you under Consumer Law, you may be entitled to remedies. Nothing in these Terms excludes, restricts or modifies your rights under Consumer Law. 

• Other than as set out in these Terms or required by law, we do not provide any warranties or guarantees for our Services or any deliverables provided in connection with our Services. 

 

YOUR USE OF OUR SERVICES

• You must provide sufficient information to enable us to provide the Services and proceed without interruptions. You will be responsible for the accuracy of the information you provide.

• You must not use our Services for any illegal purposes or in any way that interrupts, damages or impairs the Service. You agree to comply with all applicable laws regarding your use of our Services.

 

PROTECTION OF OUR INTELLECTUAL PROPERTY 

• In this section, Intellectual Property Rights means any patents, know-how, trademarks, trade secrets, copyrights, designs or other proprietary rights, including any rights in written or artistic work and all associated intangible assets created as a by-product, registered or not. 

• We will continue to own any Intellectual Property Rights we own before providing Services to you or that we create outside the Services provided to you.

• You retain ownership of all images and content you provide to us for the purposes of the Services (Content). You will own all deliverables we make available to you as part of the Services upon full payment of the price for that Service. However, we will continue to own any know-how, processes, designs, tools, templates, graphics, techniques, ideas, layouts, or concepts we use to create such deliverables and perform the Services (Our IP). You are not given any rights to Our IP and you must not resell, reproduce, copy or distribute, in part or in full, any deliverables we provide as a result of our Services (including for commercial or personal use) without our prior written permission. You grant us a non-exclusive, royalty-free, worldwide, perpetual right to use such deliverables (and all Content or preliminary designs using the Content) to provide the Services and to advertise and promote our work (provided you may request that all text is replaced with generic text), including on our website and social media.

• You confirm and represent to us that all Content is either exclusively owned by you or you have written permission from the copyright owner to use the Content in the Services. You agree to pay all costs and meet all liability we may incur due to any claim from a third party that the Content infringes or violates the Intellectual Property Rights or privacy rights of that third party.

 

CANCELLATION AND REFUNDS

• We may suspend or cancel our Services and the contract created by these Terms immediately by giving emailed notice to you where: 

  • you fail to comply with an important obligation, and if it can be fixed, do not fix that failure within seven days notice from us; 

  • you fail to pay any amount when due and do not pay within seven days after we have demanded payment;

  • you can’t pay your debts when due, or you're bankrupt or liquidated, or you have an administrator, receiver, liquidator or statutory manager appointed; or

  • we or you can’t perform an important obligation under these Terms for 30 days or more due to an event beyond your or our reasonable control (such as a natural disaster).

• You may cancel the Services and the contract created by these Terms by emailing notice to us where:

  • we fail to comply with an important obligation in these Terms, and if it can be fixed, we don’t fix that failure within ten days' notice from you; or

  • we or you can’t perform an important obligation under these Terms for 30 days or more due to an event beyond your or our reasonable control (such as a natural disaster).

• If we cancel the Services (as allowed by this section), you will pay a reasonable portion of the fee for any part of the Services completed but not paid for before the date of cancellation. 

• Cancellations due to change of mind are not permitted unless we receive your cancellation request by email to liana@lsdesigns.co.nz:

  • within 5 days of your purchase, in which case we will provide a full refund of the price (or deposit) you have paid; or

  • at any other time before the album is sent for printing, in which case we will provide a partial refund of the printing cost only (if this has been paid by you).  

• Cancellation doesn’t affect your or our rights or obligations intended to continue, such as the rights and limitations for making claims under these Terms. 

 

CONFIDENTIALITY AND PRIVACY OBLIGATIONS

• We will keep strictly confidential all information relating to you of a confidential nature that is not publicly available  

• We will comply with the Privacy Act 2020 and our Privacy Policy regarding any personal information you provide us in connection with any Services. 

 

HOW WE RESOLVE DISPUTES 

• If any dispute arises, we will first attempt to resolve it amicably with you, and the obligations in these Terms will continue to apply. If the dispute is unresolved within 15 days, you or we may refer it to mediation. This does not stop you or us from seeking a court order for an interim injunction to prevent non-compliance or require compliance at any time.

 

WHAT HAPPENS IF YOU OR WE DON'T COMPLY WITH THESE TERMS?

• If either you or we fail to comply with our obligations in these Terms, the other may be entitled to one or more remedies, such as payment of money or a court order preventing further non-compliance.

• The maximum amount you or we will pay for any loss incurred by the other is the amount paid by you for the Services giving rise to the liability. However, this will not apply to any loss incurred where you or we do not comply with the confidentiality or privacy obligations or fail to comply with these Terms on purpose. 

• We are not responsible for paying for any loss of profit, sales, savings or other consequential or indirect loss incurred by you in connection with the Services, including any delay in the provision of the Services. 

 

CHANGE AND APPLICABLE LAWS

• We may change these Terms at any time by posting the new Terms on our website. The new Terms will apply to any purchase you make after the new Terms are posted or provided. You should check the latest version of the Terms before you make a new purchase.

• New Zealand law applies to these Terms. Any dispute relating to these Terms that we cannot resolve with you must be resolved in the New Zealand courts. Although our Services may be accessed from countries outside New Zealand, we cannot guarantee that our Services or any deliverables we provide comply with the laws in any country other than New Zealand.