It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
2. Our Fees and Deposits
Fees for services to be provided by Codetrics (Pty) Ltd are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 3 days. Codetrics (Pty) Ltd reserves the right to alter or decline to provide a quotation after expiry of the 3 days.
Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the commencement of proposed work or services in full.
The 50% deposit is only refundable if we have not fulfilled our 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 ours. The remaining fifty (50) percent of the project quotation total due upon completion of the work, prior to upload to the server or release of materials.
Payment for services is due by direct bank deposit or bank transfer. Bank details will be made available on quotes and invoices.
3. Content Control
Codetrics (Pty) Ltd will install and publicly post or supply the Client's website by the date specified in the project proposal, unless a delay is specifically requested by the Client and agreed by Codetrics (Pty) Ltd.
In return, the Client agrees to delegate a single individual as a primary contact to aid Codetrics (Pty) Ltd with progressing the commission in a satisfactory and expedient manner. During the project, Codetrics (Pty) Ltd will require the Client to provide website content; text, images, movies and sound files.
Codetrics (Pty) Ltd is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25% of the project fee. If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently.
If you agree to provide us with the required information and subsequently fail to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately.
NOTE: Text content should be delivered as a Microsoft Word, pdf, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.
Using our content management system you are able to keep your content up to date your self.
4. Client Review
Codetrics (Pty) Ltd will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Codetrics (Pty) Ltd otherwise within ten (10) days of the date the materials are made available to the Client.
We are pleased to offer you the opportunity to make revisions to the design. 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.
Our website development phase is flexible and allows certain variations to the original specification. However any major deviation from the specification will be charged surcharge of up to 25% of the total project fee.
5. Web Browsers
Codetrics (Pty) Ltd makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome, etc.). Client agrees that Codetrics (Pty) Ltd cannot guarantee correct functionality with all browser software across different operating systems.
Codetrics (Pty) Ltd cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Codetrics (Pty) Ltd reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
Invoices will be provided by Codetrics (Pty) Ltd upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Invoices that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of two,three percent (2.3%).
7. Additional Expenses
Client agrees to reimburse Codetrics (Pty) Ltd for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Codetrics (Pty) Ltd's Web space, Codetrics (Pty) Ltd will, at its discretion, remove all such material from its web space. Codetrics (Pty) Ltd is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client's account. Clients with accounts in default agree to pay Codetrics (Pty) Ltd reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Codetrics (Pty) Ltd in enforcing these Terms and Conditions.
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
All Codetrics (Pty) Ltd services may be used for lawful purposes only. You agree to indemnify and hold Codetrics (Pty) Ltd harmless from any claims resulting from your use of our service that damages you or any other party.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Codetrics (Pty) Ltd the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Codetrics (Pty) Ltd permission and rights for use of the same and agrees to indemnify and hold harmless Codetrics (Pty) Ltd from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Codetrics (Pty) Ltd that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
12. Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered on floppy disk or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Codetrics (Pty) Ltd to return to the Client any images or printed material provided for use in creation of the Client's website, such return cannot be guaranteed.
13. Design Credit
A link to Codetrics (Pty) Ltd will appear in either small type or by a small graphic at the bottom of the Client's website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of R1500 will be applied. The Client also agrees that the website developed for the Client may be presented in Codetrics (Pty) Ltd's portfolio.
14. Access Requirements
If the Client's website is to be installed on a third-party server, Codetrics (Pty) Ltd must be granted temporary read/write access to the Client's storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
15. Post-Placement Alterations
Codetrics (Pty) Ltd cannot accept responsibility for any alterations caused by a third party occurring to the Client's pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
16. Domain Names
Codetrics (Pty) Ltd may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Codetrics (Pty) Ltd. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client's signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
18. Social Media Management
Social Media Marketing and Management is defined as helping a client to promote their products or services through social media channels. Codetrics (Pty) Ltd will honour the components of your chosen social media package, providing an agreement to a minimum 3 months contract is served and monthly payments are received in advance. In the event that payment is not received on time, we regret that further work will be halted until this is rectified.
19. Governing Law
This Agreement shall be governed by South African Law.
Codetrics (Pty) Ltd hereby excludes itself, its Employees and or Agents from all and any liability from:
Loss or damage caused by any inaccuracy;Loss or damage caused by omission;Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;Loss or damage to clients' artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of Codetrics (Pty) Ltd to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.