Terms & Conditions

Digital Webdesign’s Terms & Conditions

  1. Standard Terms & Conditions

These are the standard terms and conditions for Website Design and Development and apply to all contracts and all work undertaken by Digital Webdesign for its clients.

  1. Fees and Deposits

A 50% deposit of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the website design and development work. The remaining 50% shall become due when the work is completed to your reasonable. We reserve the right not to commence any work until the deposit has been paid in full.

The deposit is not refundable if the development work has been started and you terminate the contract through no fault of ours.

  1. Supply of Material

You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.

Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.

If no content or images can be provided we can source content and images at a fee.

  • Content can be bought from Alfalfa Content Generator for ± R5000.00 to R7000.00 for 5000 words.
  • Images can be bought from Shutterstock for R650.00 per 5 images.
  1. Timeframe of Project

Once a deposit has been made, there will be a timeline of 60 days in order for the project to be completed. Meaning you have 60 days to provide us with content and images for your website. If not your deposit will be forfeited.

  1. Variations

We are pleased to offer you the opportunity to make revisions to any designs. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification.

A redesign fee equivalent to the original 50% charge of quote will be charged to create a new website

  1. Project Delays and Client Liability

Any time frames or estimates that we give are contingent upon your full co-operation and complete and final content in photography for the work pages. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.

  1. Approval of Work

On completion of work you will be notified via email and be given the opportunity to review any work. You must notify us in writing of any unsatisfactory points within a 7 days grace period. Any of the work which has not been reported in writing to us as unsatisfactory within the 7 day grace period will be deemed to have been approved. Once you have approved, or deemed approved, any work cannot be rejected and the project will be deemed to have been completed and the 50% balance of the project will become due.

N.B: Site will be SUSPENDED if NOT PAID within the grace period provided. An additional fee of R200.00 will be charged for re-activation of site.

 

  1. Rejected Work

If you reject any of our work within the 7 day review period, or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.

  1. Payment

Upon completion of the 7-day review period, we will invoice you for the 50% balance of the project.

  1. Warranty by you as to Ownership of Intellectual Property Rights

You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks, or any other material that you supply to us to include in your website or web applications.

You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.

  1. Search Engines

We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimisation according to current best practice.

 

  1. Consequential Loss

We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.

  1. Disclaimer

To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of Yango Media under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.

  1. Subcontracting

We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.

  1. Non-Disclosure

We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.

  1. Additional Expenses

You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.

  1. Backups

We have a package for backups for maintaining your backups with respect to your website and emails we will not be liable for restoring any client data or client websites, or emails except to the extent that such data loss arises out of a negligent act or omission by us unless you have a package for backups.

 

  1. Governing Law

The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of South Africa. You and Yango Media submit to the non-exclusive jurisdiction of the courts in and of South Africa in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.

  1. E-Commerce

You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Yango Media and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.