1. STANDARD TERMS AND CONDITIONS
These are the standard terms and conditions for Website Design and Development and apply to all contracts and all work undertaken by XynDigitalfor its clients.
2. OUR FEES AND DEPOSITS
A 50% deposit of the total fee payable under my proposal is due immediately upon you instructing me to proceed with the website design and development work. The remaining 50% shall become due when the work is completed to your reasonable satisfaction but subject to the terms of the approval of work and rejected work clauses. XynDigital reserves the right not to commence any work until the deposit has been paid in full.
The 50% deposit is only refundable if I have not fulfilled my obligations to deliver the work required under the agreement. The deposit is not refundable if the development work has been started and you terminate the contract through no fault of mine.
3. SUPPLY OF MATERIALS
Please kindlysupply all materials and information required by me to complete the work in accordance with any agreed specification. Such materials may include, but is not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to me which leads to a delay in the completion of work, XynDigital has 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, I have the right to invoice you for any part or parts of the work already completed.
I am pleased to offer you the opportunity to make revisions to the design. However, I 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.
My website development phase is flexible and allows certain variations to the original specification. However any major deviation from the specification will be charged at the rate of R100.00 per hour.
5. PROJECT DELAYS AND CLIENT LIABILITY
Any time frames or estimates that I 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.
6. APPROVAL OF WORK
On completion of the work you will be notified and have the opportunity to review it. You must notify me via emailof any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported via emailto me as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the 50% balance of the project price will become due.
7. REJECTED WORK
If you reject any of my work within the 7-day review period, or not approve subsequent work performed by me to remedy any points recorded as being unsatisfactory, and I, 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.
Upon project completion and after the 7-day review period, XynDigitalwill invoice you for the 50% balance of the project.
9. 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 trade marks, or any other material that you supply to meto include in your website or games /applications.
You must indemnify meand hold meharmless from any claims or legal actions related to the content of your website.
10. LICENSING & COPYWRITE
Once you have paid mein full for work Igrant to you a license to use the website and its related software and contents for the life of the website.
11. SEARCH ENGINES
Ido not guarantee any specific position in search engine results for your website. Iperform basic search engine optimization according to current best practice.
12. CONSEQUENTIAL LOSS
Ishall 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.
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 Iprovide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of XynDigitalunder any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at myoption to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that I amcontracted to perform.
Ireserve the right to subcontract any services that we have agreed to perform for you as Isee fit.
I(and any subcontractors Iengage) agree that we will not at any time disclose any of your confidential information to any party.
16. ADDITIONAL EXPENSES
You agree to reimburse XynDigitalfor any requested expenses which do not form part of myproposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.
You are responsible for maintaining your own backups with respect to your website and Iwill not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by me.
18. OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING
XynDigitalwill supply to you account credentials for domain name registration and/or web hosting that XynDigitalpurchased on your behalf when you reimburse XynDigitalfor any expenses that XynDigitalhas incurred.
19. 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 XynDigital submit to the non-exclusive jurisdiction of the courts in and of South Africain relation to any dispute arising under these terms and conditions or in relation to any services XynDigitalperforms for you.
20. CROSS BROWSER COMPATIBILITY
By using current versions of well supported content management systems such as WordPress, XynDigitalendeavours to ensure that the web sites XynDigitalcreates are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate XynDigitalwill substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.
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 indemnifyXynDigital and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients use of Internet electronic commerce.