Navigating the Fine Print:

Your Guide to Our Terms and Conditions

1 GENERAL 

1.1 These are the terms and conditions that apply to all projects created under our name and all services provided by us. 

1.2 It is not necessary for any client to have signed an acceptance of these terms and conditions for the same to apply. 

1.3 If the client accepts a quotation then the client will be deemed to have satisfied itself as to the terms applying and have accepted these terms and conditions. 

1.4 We may, without any prior notice, change these terms and conditions from time to time.  

1.5 The client will have the responsibility to regularly peruse this website and ensure the client is up to date and informed with such changes pre and post-acceptance of a quotation as well as ensure that the client understands and is within the boundaries of same. 

 

2 QUOTATIONS, ORDERS, PAYMENT 

2.1 Unless otherwise specified on a quotation, a deposit of 50% is payable by the client as acknowledgment and acceptance that we can proceed with a website design project. 

2.2 All deposits for projects are non-refundable and non-negotiable after payment thereof is received into our bank account. 

2.3 Payments are due via bank transfer. Bank details will be made available on invoices. 

2.4 We will only put a website live, release materials and/or project work or upload to a server once full and final payment of the quoted amount is received and reflected in our bank account. 

2.5 Unless otherwise stipulated on a quotation, the client will have the responsibility to provide all content wording that will be published in accordance with the specific products and/or services. 

2.6 All project work remains our property until final payment is received. 

2.7 Failure by the client to comply with our terms will result in legal action being taken by our attorneys and the full outstanding balance owing by the client becoming payable. All legal costs incurred by us to enforce our rights will also be for the client’s account. 

2.8 We reserve the right to charge for telephonic, Skype or email queries at an hourly rate. 

2.9 Unless otherwise quoted or negotiated, projects include two rounds of minor revisions/changes of the chosen project. Following said two revisions/changes, an additional hourly fee will be charged for additional amendments. 

2.10 Images and graphics furnished by the client for a project must be of a high quality. 

2.11 All required content and wording must be supplied by the client electronically to enable us to initiate work, unless and to the extent that same is to be created by us as part of the project. 

2.12 Content and wording must also be supplied in accordance with our additional and/or specified instructions from time to time (if any) (project-specific). 

2.13 Notwithstanding any proposed timelines, projects will be queued and allocated on receipt of said material. 

2.14 The client must work together with us to complete the project in a timely manner. 

2.15 While we are responsible for the infrastructure on which the client’s site is hosted, the client is the website owner and as such the client remains responsible for the upkeep of their website maintenance. 

2.16 If content and/or information is not furnished by the client in a timely manner, and/or on any occasion where progress cannot be made with the client’s website because of said failure, the project may be allocated and/or queued with delay, and if said project is delayed as a result, we reserve the right to impose a surcharge of up to 30%. 

2.17 Time is not of the essence in delivery, however, we will endeavour to work expeditiously to complete the project within proposed timelines after the client has submitted all the necessary materials. 

2.18 Accepted offers may not be cancelled, varied or withdrawn by the client unless we have agreed in writing thereto. Should we not agree to such cancellation, which decision vests in our sole discretion, the client will be liable for the full amount owing. 

2.19 Any amounts not paid on the due date for payment shall, at our sole discretion and without notice to the client, bear interest at 7% per month, calculated as from the date when payment was due until date of final payment. 

2.20 SEO – We offer this service to ensure websites we design do perform well in big browsers, but we cannot guarantee backward compatibility.  

 

3 CLIENT INTERACTIONS 

3.1 We have a zero-tolerance policy towards any misrepresentation, malicious conduct or false allegations made towards us or within the public domain and reserve the right to suspend and terminate any work or project the client may have with us when found that such allegations were made falsely. 

3.2 The client will at all times maintain strict confidentiality and not disclose any information related to our work, trade secrets, client lists, strategies and any other confidential information. 

 

4 SEO

We offer this service to ensure websites we design do perform well in big browsers, but we cannot guarantee backward compatibility.  

 

5 WEBSITE HOSTING 

5.1 Even though we warrant that we have the necessary equipment and resources to fulfill the client’s hosting requirements, we offer such services on an “as is” and “as available” basis and offer no warranty on the availability of such services. 

5.2 In an attempt to ensure that our hosting services are always operational, we may perform regular software updates which may lead to downtime. We cannot be held liable for any downtime as a result of such upgrades and maintenance. 

5.3 Hosting fees must be paid on or before the last day of each consecutive month, unless otherwise confirmed in writing by us. 

5.4 We offer no guarantee that there will not be any conflicts between current and existing software on our servers and the website or associated services hosted by the client. If an upgrade on our servers was performed that leads to any functionality not working on the website, we will not be held liable for the repair, upgrade or update of the website and the client fully indemnifies us from action as a result of downtime or malfunction of the website. 

5.5 We reserve the right to move any hosting package between different servers and different data centers, providing such data centers reside within the Republic of South Africa, at our own discretion and as deemed necessary. 

 

6 WARRANTIES, EXCLUSIONS AND LIMITATION OF LIABILITIES AND CUSTOMER INDEMNITIES 

6.1 We will not be liable to the client or any third party in respect of any and all damages, loss, claims or costs, of whatever nature and including but not limited to direct, indirect, consequential or special damages, suffered by the client or a third party, howsoever arising, and we will moreover not be liable whether the loss was the result of the act or omission of us, vicarious or strict liability. This includes loss of profits, revenue, anticipated savings, business transactions, goodwill or other contracts. 

6.2 We will not be held responsible for a website that has stopped working or for a website that is outdated. An outdated website can be outdated for several reasons such as new browser software, outdated web code, and so on. 

 

7 BREACH 

7.1 Should the client commit a breach and fail to remedy such breach within 7 (seven) days from the date of written notice from us calling upon the client to do so, we shall without prejudice to any other rights available to us, have the right either: 

7.1.1 to cancel the contract and to claim restitution of whatever has been performed in terms thereof; or  

7.1.2 to take whatever action may be necessary to enforce our rights under the contract, and in either event to claim such damages as we may have suffered as a result of such breach of contract. 

7.2 The client shall be liable for all costs and expenses (all legal costs calculated on an attorney and own client scale) incurred as a result of or in connection with the breach. 

 

8 GOVERNING LAW 

These terms and conditions are governed by the laws of the Republic of South Africa.