The terms of service contained herein are the latest official www.durbanwebdesign.com and should be deemed as such. This version supersedes the terms of service in any other written and/or verbal agreement. durbanwebdesign.com retains the right, in it’s sole discretion, to change the terms of service or any part thereof at any time without prior written notice.
The Representatives on behalf of durbanwebdesign.com at the web address “www.durbanwebdesign.com “, located in Durban, Kwazulu Natal (South Africa), wholly operate as an independent contractor for the specific purpose of developing and/or improving a website or other design projects, herein collectively referred to as creative works, within the parameters outlined below. By using the “www.durbanwebdesign.com ” website and/or transacting with the Representatives on behalf of durbanwebdesign.com, you, the Client, are deemed to have read and understood that which follows.
As used herein and throughout this agreement:
“durbanwebdesign.com” means the independent design business that is operated from the website medium “www.durbanwebdesign.com ” and/or any other websites and/or physical locations.
“Representatives” means the individual and/or individuals that conduct operations on behalf of durbanwebdesign.com.
“Client” means the individual and/or individuals that act in a personal capacity and/or on behalf of a legal entity that seeks products and/or services offered by durbanwebdesign.com.
The Client hereby authorizes the Representatives to act on their behalf and access any accounts deemed necessary to fulfill the services and/or provide the products requested. The Client authorizes the web hosting service to provide the Representatives with “write permission” for the Client’s webpage directory, CGIbin directory and including, but not limited to, other directories, programs or accounts which need to be accessed for the creative works being rendered.
The Client also authorizes the Representatives to display a credit link and/or image at the bottom of a Client’s completed website.
2. Payment Terms.
A minimum deposit of 50% is required from the Client within 5 days of a formal quotation and signed agreement, before commencing work. Formal quotations are only valid for 7 days owing to time and resource constraints on the part of durbanwebdesign.com. To that end, a new formal quotation will be required if a signed agreement does not commence within 7 days of the existing formal quotation.
Fees to durbanwebdesign.com are due and payable on the following schedule: 50% upon signing of contract and the balance upon creative works completion along with written Client approval within 7 days, but prior to delivery/uploading. If the total amount of this contract is less than R1000, the total amount shall be paid upon signing of a contract and any additional costs incurred during product/service provision will fall due upon the completion of creative works. Depending on the method of payment, additional time may be required for verification of funds. Refunds on any amounts paid shall not be allowed subject to the discretion of the Representatives.
Installation, uploading and/or final provision of the creative works may occur only after the final payment has been made. All payments will be made in South African Rands (ZAR).
The Representatives reserve the right to remove creative works from viewing on the Internet until final payment is made and levy interest at 2.5% on the total amount per a week overdue. If a payment delay is anticipated, please contact the Representatives immediately for an alternative arrangement. In case collection proves necessary, the Client agrees to pay all fees incurred by that process. This agreement becomes effective only when signed by the Representatives. Regardless of the place of signing this agreement, the Client agrees that for purposes of venue, this contract was entered into in Durban, Kwazulu Natal and any dispute will be litigated or arbitrated in Durban, Kwazulu Natal, South Africa.
3. Standard Custom Website Package.
It remains the Client’s responsibility to assert the Representatives fully understand the scope of the project before contractual obligations are made. Website pages are considered to only include basic unformatted text and images provided by the Client, additions and modifications shall be quoted for separately. A basic website package including website pages constitutes:
3.1 Domain Registration. The Representatives shall attempt to secure the Client’s desired domain name if requested to do so and makes no gaurantee of availability. The Client is entitled to registration assisstance for 1 domain name only, thereafter fees accruing and management are the responsibility of the Client. Additional domains and/or further support shall be billed for accordingly.
3.2 Text. All text for the website must be supplied by the Client and in a Microsoft Word (.doc) format via e-mail. A separate Microsoft Word document must be supplied for each page of the website and must be formatted accordingly, have a word limit of 1000 words per a page and be labeled according to the website page with which it corresponds. The Representatives do not format or proof read documents.
3.3 Images. All images to be displayed on pages and/or incorporated into the website must be supplied by the Client. They must be supplied in either of the formats including JPEG, JPG, PNG or TIFF and each file may not be larger that 2000 Kilobytes (kbs). No editing besides the resizing of images shall take place. There is a limit of 3 images per page.
3.4 Installation. The completed website shall be uploaded and installed on the Client’s web hosting server, upon written approval via e-mail and settlement of all balances owing by the Client, provided that the Client uses the web hosting company recommended by the Representatives.
If the Client uses another web hosting company, the Representatives shall provide the Client with the completed files necessary to implement the installation themselves. The Representatives cannot warrant full functionality of the completed website when another web hosting company is used owing to server compatibility, direct issues and/or indirect issues.
3.5 Cross Browser Compatibility. The Representatives make an effort to ensure compatibility among the major leading web browsers through testing functionality. However, no gaurantee may be made concerning the consistency of viewability among the majority of web browsers owing to the nature of technological differences between web browsers.
4. Additional Expenses.
The Client agrees to reimburse durbanwebdesign.com for any critical Client requested expenses necessary for the completion of the creative works. Examples include, but are not limited to:
– Purchase of specific fonts at the Client’s request.
– Purchase of specific photography at the Client’s request.
– Purchase of specific software at the Client’s request.
– Purchase of specific digital assets at the Client’s request.
5. Client Amendment And Change Requests.
The Representatives encourage input from the Client during the design process of creative works subject to the following conditions:
durbanwebdesign.com allows 3 minor revisions to design elements of a website including, but not limited to, text, images and element colours. Other design projects are subject to their specified revisions indicated.
However, the Representatives understand that Clients may request significant design changes to the creative works in question, which do not fall under the minor revisions agreement or the specified revisions indicated. To that end, the Representatives bill at a standard rate of R700.00 per hour and shall notify the Client of the additional fees before amendments are made.
Some examples of significant page modification include, but are not limited to,:
– Developing a new table or layer structure to accommodate a substantial redesign at the Client’s request.
– Recreating or significantly modifying the company logo graphic and website graphical elements at the Client’s request.
– Replacing more than 75% of the text to any given page at the Client’s request.
– Creating a new navigation structure or changing the link graphics at the Client’s request.
– Adding additional code and/or plug-ins to the Client’s website, at the Client’s request, which were not specified in the agreement.
6. Third Party or Client Modification.
Some Clients may desire to independently edit or update their creative works once transfer of ownership to the Client has taken place. Note however, durbanwebdesign.com and the Representatives are not responsible for any and all liabilities and/or damages to such creative works once transfer of ownership has taken place.
7. Web Hosting.
The Client understands that any web hosting services require a separate contract with
a web hosting service provider. The Client agrees to select a web hosting service that allows the Representatives full access to the server’s cgi-bin directory and other required accounts for the development of the Client’s website.
The Client further understands that if the web hosting service’s operating system and technical specifications are not that which is required, standard CGI software and the website may not fully function, and providing a substitute may incur additional charges. Thus, Clients are encouraged to use the Representatives recommended web hosting service or ask for technical requirements of the website package if using a different web hosting service.
8. Work Schedule.
The Representatives shall submit the first mockup draft of the website within 14 working days after the receipt of a signed agreement, 50% deposit of the total amount and website design brief including, but not limited to, text, company logo and images. The Client is to provide the Representatives with all the data needed to complete the website within 7 days of signing an agreement. Failure to provide all the needed data, on the part of the Client, withinin no more than 14 days of a signed agreement, unless otherwise agreed by both parties in writing, may result in project cancellation in which case the full deposit amount will be forfeited. Any delay caused by the Client, may result in a delivery timeline delay equal to the delay caused by the Client which include, but are not limited to, reviewing of mockups, client testing of creative works, client sending of all prerequisite data.
Upon receipt, by the Representatives, of all the required data, the Client will be provided with an image or test version of the website (‘look and feel’) for approval. Once approved, the website shall be completed and uploaded to the Client‘s server which will allow the Client to test for any faults. Should the Client fail to provide written approval of deliverables or fail to raise any concerns or complaints in this regard, in writing, within no more than 7 days following initial delivery or uploading or publication of creative works, it shall be considered that such deliverables are accepted and approved by the Client. Upon completion of the website, an e-mail will be sent to the Client indicating the work has been completed and any balances still owing are due. Final payment is due within 7 days of notification of website completion and/or project closure. A project is deemed to be completed and approved by the Client with the final payment of any outstanding balances. The Client is advised to make personal back-ups of the completed website, uploaded to their hosting company’s server, as durbanwebdesign.com and/or the Representatives shall not be responsible for the storage of Client file back-ups.
9. Support and Maintenance.
Additional support and maintenance including, but not limited to, changes, updates or modifications, received after project completion and final approval, not provisioned in the formal quotation shall be subject to the standard rate of R350.00 per hour.
Unless otherwise stated in the formal quotation, training is not included. However, recommendations and sources of useful resources shall be provided upon request.
11. Copyrights and Trademarks
The Client represents to the Representatives and unconditionally guarantees that any elements of text, graphics, images, designs, digital assets, trademarks, or other artwork furnished to the Representatives for inclusion in creative works are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend durbanwebdesign.com, the Representatives and/or subcontractors from any claim and/or suit arising from the use of such elements furnished by the Client.
12. Assignment of Project.
durbanwebdesign.com reserves the right to assign certain subcontractors to this project to insure the right fit for the job as well as on-time completion. durbanwebdesign.com warrants all work completed by subcontractors for this project.
The Client and/or authorized representative of the Client certifies that he or she is at least 18 years of age, competent (of sound mind and body) and legally capable of entering into a contract.
14. Warranties and Liability.
The Client agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the web hosting service, the host server and/or durbanwebdesign.com. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, harassment, any illegal activity, spamming, advocacy of an illegal activity, and any infringement of privacy.
The Client hereby agrees to indemnify and hold harmless durbanwebdesign.com and its Representatives from any claim resulting from the Client’s publication of material and/or use of those materials. The Representatives will not develop a pornography or warez website for the Client. The Representatives also reserve the right to determine which creative works project it accepts and rejects on any basis.
durbanwebdesign.com and its Representatives do not warrant the functions of the website will meet the Client’s expectations of website traffic and/or resulting business and/or that the operation of the website pages will be uninterrupted and/or error-free. durbanwebdesign.com and its Representatives are not to be held responsible for occasional downtime of e-mail and/or the website due to line interruptions and/or other instances beyond durbanwebdesign.com’s and/or its Representatives control.
The Client agrees to defend, indemnify, save and hold harmless durbanwebdesign.com and its Representatives from any and all demands, liabilities, losses, costs and/or claims, including reasonable attorney’s fees associated with the Representatives development of the Client’s creative works. This includes, but is not limited to, liabilities asserted against durbanwebdesign.com, its Representatives, subcontractors, agents, Clients, servants, officers, employees and/or assigns that may arise or result from any service provided or performed or agreed to be performed or any product sold by durbanwebdesign.com, its Representatives, subcontractors, agents, Clients, servants, officers, employees and/or assigns.
The Client also agrees to defend, indemnify and hold harmless durbanwebdesign.com and its Representatives against liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the Client’s website. This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product and/or misinformation which is detrimental to another person, organization and/or business.
durbanwebdesign.com and its Representatives make no representations or warranties, implied or otherwise, that the content and/or technology, amongst others, available from products and/or services supplied by durbanwebdesign.com and its Representatives, are free from errors and/or omissions or that the service will be 100% uninterrupted and/or error free.
16. Laws Affecting Electronic Commerce.
From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The Client agrees that the Client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend durbanwebdesign.com and its Representatives from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet electronic commerce.
Copyright to the finished assembled creative works produced by durbanwebdesign.com is owned by durbanwebdesign.com. Upon final payment of this contract, the Client is assigned rights to use the images, source code, graphics, and text contained in the finished assembled creative works. Rights to imagess, graphics, source code, software, work-up files and/or computer programs are specifically not transferred to the Client, and remain the property of their respective owners. Any third party design materials, digital assets and/or source files acquired on behalf of the Client, at the Client’s request, may retain further licencing restrictions which the Client must adhere to.
durbanwebdesign.com and its Representatives retain the right to display all creative works as examples of their work on mediums including, but not limited to, web search engines, web directories, indexes, websites and/or their respective portfolios.
Any disputes arising form this contract will be litigated or arbitrated in Durban, Kwa-Zulu Natal. This agreement shall be governed and construed in accordance with the laws of Kwa-Zulu Natal, South Africa. Undersigned hereby agree to the terms, conditions and stipulations of this agreement on behalf of his or her organization and/or business. This agreement constitutes the entire understanding of both parties. Any changes or modification thereto must be in writing and agreed to by both parties.
19. Sole Agreement.
The agreement contained in this “Design Contract” constitutes the sole agreement between durbanwebdesign.com and the Client regarding the specified creative works. Any additional work not specified in this contract must be authorized by a written change order. Continued services after acceptance of creative works will require a new agreement. This agreement constitutes the entire understanding of durbanwebdesign.com, its Representatives and the Client. This agreement terminates and supersedes all prior understanding and/or agreements on the subject matter hereof. Any changes or modification thereto must be in writing and agreed to by both parties.
20. Termination of Agreement.
All agreements remain valid until such time that the Client, with a minimum of 7 days notice before work commences, terminates the respective agreements in writing. Upon client termination, all fees paid shall be forfeited and any amounts owing shall fall due.
In the case that durbanwebdesign.com and its Representatives terminates any agreements, written notice of 1 day shall be given via e-mail if more than 7 ays work has been invested int the project or if it as reached 50% complete and above there well be no deposte refund. durbanwebdesign.com and its Representatives retain the right to terminate agreements, in its/their sole discretion, on grounds that include, but are not limited to, work falling outside the scope of the initial agreement, lack of time and/or resources and/or abilities, issues affecting durbanwebdesign.com and/or its Representatives operations such as environmental disasters or civil unrest or political unrest that are not within durbanwebdesign.com and/or its Representatives control.
If any provisions of this agreement are deemed unlawful, void or for any reason unenforceable then those provisions in question will be severable and shall not affect the validity and enforceability of any remaining provisions.