SDDS Web Design is a website and graphic design company servicing companies around the world.
These terms and conditions are applicable to all Web Development projects that are undertaken by SDDS Web Design. If the project is to be hosted by SDDS Web Design, then the same terms and conditions will apply.
The following terms and conditions document is a legal agreement between SDDS Web Design and “Client” for the purposes of web site design or development.
These Terms and Conditions set forth the provisions under which the Client may use the services supplied.
Payment of the 50% deposit is an acceptance of the front page of design.
These terms and conditions are always available on our website for review.
When the Client places an order to purchase a service from SDDS Web Design, the order represents an offer to SDDS Web Design to purchase the service which is then accepted by SDDS Web Design only when an invoice is sent to the Client. The ‘Website Design contract for supply of services exists between Client and SDDS Web Design. The invoice equals acceptance by SDDS Web Design (or third party supplier) of Clients offer to purchase services from SDDS Web Design and this acceptance of work is a valid contract between Client and SDDS Web Design.
Any other services on the order, which have not been included in the quotation – do not form part of the contract. The Client agrees to check that the details of the quotation are correct and should keep a copy for their records.
Charges for services to be provided by SDDS Web Design are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days (thirty) unless alternate timescales have been agreed beforehand with the Client in writing. SDDS Web Design reserving the right to alter or decline to provide a quotation after expiry of the valid timescale.
All Web Development projects will require an advance payment of fifty (50) percent of the project quotation total before further design work will commence after the Client has accepted the initial design of the Home Page. The remaining balance of the project quotation total will be due upon completion of the work prior to the server or release of materials. Charges for web development do not cover the release of source Photoshop or Flash files; if the Client requires these items then a separate quotation can be obtained. Payment for services is due by bank transfer.
- Client Review
SDDS Web Design will provide the Client with an opportunity to review the appearance and content of the Web site during the design and once completed. Once the website has gone live, such materials will be deemed to be accepted and approved by the client. Client review terms are subject to be in line with the Quotation emailed to all clients and available to all upon request. Once a page or project has been reviewed by a client, it is deemed to be complete and SDDS Web Design reserves the right to raise additional charges for changes made to a site or page that has already been approved.
- Content Control
Client agrees to provide any needed information and content required by SDDS Web Design in good time to enable SDDS Web Design to complete a design or web site work as part of an agreed project.
Client agrees that a HTML page built from a graphic design may not exactly match the original design because of the difference between the display in design software and the rendering of HTML code by internet browser software. SDDS Web Design agrees to try to match the design as closely as is possible when building the code.
SDDS Web Design endeavours to create pages that are search engine friendly, however, SDDS Web Design gives no guarantee that the site will become listed with search engines or of certain search results. In no event shall SDDS Web Design be held liable for any changes in search engine rankings because of using SDDS Web Design code.
If an error or issue with the design or code arises from search engine analysis, then SDDS Web Design is not held liable.
After site completion and full payment is received, a Client or a third party of their choosing may wish to edit their website code themselves to make updates. However, the Client agrees that in so doing they assume full responsibility for any issues which occur because of changing the code themselves. If Client or a third party of their choosing edits the web site code and these results in functionality errors or the page displaying incorrectly, then SDDS Web Design reserves the right to quote for work to repair the web site, however SDDS Web Design will not be held liable.
SDDS Web Design reserves the right to assign subcontractors in whole or as part of a project if needed.
All communications between SDDS Web Design and Client shall be by telephone with recorded calls, skype or email.
- Payment and Non Payment
SDDS Web Design will provide invoices upfront and upon completion of the work for Web Development and Design and any associated services. Invoices are due as indicated on the relevant invoice. Should an invoice become overdue, the system will automatically suspend the account and all of its related services. A Re-instatement fee of R150 will then be charged to remove the account from suspension mode. The account will remain in suspension for 14 days, where after the account will be deleted. Additional work requested by the Client, which is not specified in the agreed quotation, is subject to a separate quotation and SDDS Web Design reserves the right whether to quote or accept additional work. If SDDS Web Design accept, additional work may affect timescale and overall delivery time of the project.
The Client can choose to either pay the full cost in one payment or split the cost into 2 payments to be agreed upon with SDDS Web Design. Should the cost be split into 2 payments then the first half of the payment is to be received before work commences and the second payment to be received towards the end of work and before handover of finished files.
Once an invoice is sent to the Client it must either be paid either by bank transfer, and sent with proof of posting to the SDDS Web Design email. SDDS Web Design reserves the right to decline further work on a project if there are invoices outstanding with the Client.
Client may request that the SDDS Web Design cancel a project in writing by email to SDDS Web Design and the project is cancelled only if SDDS Web Design confirms work has not been started on the project. If SDDS Web Design has completed the work and the Client no longer requires the files but have agreed to the work, they are still obliged to pay SDDS Web Design for the work that has been carried out.
All invoices are submitted by email except where required otherwise by regulations or agreed SDDS Web Design discretion.
Once final approval is received from the Client, payment is to be made within 7 Days. Failure to do so will result in SDDS Web Design handing the matter over for collection with costs thereof for the Clients Account.
The Client also agrees not to delay the provision of information relating to the design of the site or delay final approval in order to extend payment terms.
Payments made to bank accounts as specified on the relevant invoices need to be done via EFT (Electronic Funds Transfer) any payments made by means of a Cash Deposit or Cheque Deposit will attract bank charges, which will be billed back to the client accordingly.
SDDS Web Design will not refund deposits for work already performed on clients design projects or hosting fees/web administration agreements that have been paid in advance. We guarantee to honor our obligations of service as we expect our clients to honor theirs.
- Web Browsers
SDDS Web Design shall make every effort to ensure sites are designed to be viewed by the majority of visitors. Client agrees that SDDS Web Design cannot guarantee correct functionality with all browser software across different operating systems.
Clients agree that after handover of files any updated software versions of the main browsers, Domain Name setup changes or hosting setup changes thereafter may affect the functionality and display of their web site. As such, SDDS Web Design reserves the right to quote for any work involved in changing the web site design or web site code for it to work with updated browser software, domain name or hosting changes at their discretion, but will not be held liable.
- Post Project Alterations
SDDS Web Design cannot accept responsibility for any alterations caused by the Client or a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions. SDDS Web Design may require a one-off Web Development charge before resolving any issues that may arise.
Once final payment has been received the Website is deemed to be complete and for a period of 30 days the Client may request minor changes free of charge. Thereafter a change request fee, starting at R120 will apply and all changes will be quoted on accordingly.
- Domain Names
SDDS Web Design may purchase domain names on behalf of the Client, in which case they will then be renewed on an annual basis and SDDS Web Design will invoice the Client. Reminder emails will be sent out to the client before the domain expires. Domains ending in .co.za are automatically renewed ten (10) days before expiration. In this case, the Client must notify SDDS Web Design that they do not wish to keep the domain thirty days before the expiration date. The loss, cancellation or otherwise of the domain brought about by none or late payment is not the responsibility of SDDS Web Design
The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
- Liability and Warranty Disclaimer
SDDS Web Design provides their web site and the contents thereof on an “as is” basis and makes no warranties with regard to the site and its contents, or fitness of services offered for a particular purpose. SDDS Web Design cannot guarantee the functionality or operations of their web site or that it will be uninterrupted or error free, nor does it warrant that the contents are current, accurate or complete
The Client agrees SDDS Web Design is not liable for absence of service as a result of illness or holiday.
The Client agrees SDDS Web Design is not liable for any failure to carry out services for reasons beyond its control including but not limited to: acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.
SDDS Web Design is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided.
On handover of files from SDDS Web Design to Client, the Client shall assume entire responsibility in ensuring that all files are functioning correctly before use.
Whilst every effort is made to make sure files are error free, SDDS Web Design cannot guarantee that the display or functionality of the web design or the web site will be uninterrupted or error free. If after handover of files errors are found in code the developer has created, domain name setup and hosting setup are the same as when work began, then SDDS Web Design can correct these errors for the Client at its own discretion, but will not be held liable for these errors.
SDDS Web Design may from time to time recommend to the Client that updates are needed to their site to comply with, including but not limited to, new legislations, software releases and web standards. SDDS Web Design reserves the right to quote for any updates as separate work. Client agrees SDDS Web Design is not liable for any failure to inform or implement these updates to their site. Client agrees that it shall defend, indemnify, save and hold SDDS Web Design harmless from any demands, liabilities, costs, losses and claims arising from omission to inform or implement these updates.
SDDS Web Design and any third party associates agrees that, except if directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information. Likewise, the Client agrees that it will not convey any confidential information about SDDS Web Design to another party.
In projects SDDS Web Design and any third party associates shall use information provided by a Client in relation to this agreement in accordance with the current Data Protection Act and also for the following purposes 1) to identify the Client in communications with them 2) to contact the Client from time to time to offer them services or products which may be of interest to or benefit the Client.
SDDS Web Design reserves the right to terminate a project with a Client at any time without prior notification if it finds the Client in breach of these terms and conditions. SDDS Web Design shall be the sole arbiter in deciding what constitutes a breach. No refunds are given in such a situation.
This agreement shall be governed by the laws of South Africa, which shall claim venue and jurisdiction for any legal motion or claim arising from this agreement. This agreement is void where prohibited by law.
Where one or more terms of this contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.
All matters pursuant to this agreement are governed by South African Law and are under exclusive jurisdiction of the South African Courts.
SDDS Web Design reserves the right to alter these Terms and Conditions at any time without prior notice, the latest terms and conditions can be found at the SDDS Web Design web site at www.sddsweb.co.za
By accepting a quotation or making a payment of deposit to use the services supplied, the Client acknowledges to have accepted the Terms and Conditions of this Agreement, and agrees to be legally binding by these Terms and Conditions.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s payment of deposit constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions
© SDDS Web Design – 2017