TERMS AND CONDITIONS
1. STANDARD TERMS AND CONDITIONS
These are the standard terms and conditions for Website Design and Development and apply to all work / projects undertaken by Pinsoft Studios.
2. SUPPLY OF MATERIALS
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.
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 at the rate of R1300.00 per hour.
4. PROJECT DELAYS AND CLIENT LIABILITY
Any time frames or estimates that we give are contingent upon your full cooperation 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.
5. APPROVAL OF WORK
On completion of the work, you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 3 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 3-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the project will be deemed to have been completed and the 50% balance of the project price will become due.
6. REJECTED WORK
If you reject any of our work within the 3-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 project as at an end and take measures to recover payment for the completed work.
Upon completion of the 3-day review period, we will invoice you for the balance of the project. (also refer to item 17)
8. 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 us to include in your website or web applications.
On commencement of your project, you indemnify us and hold us harmless from any claims or legal actions related to the content of your website.
9. SEARCH ENGINES (SEO)
We do not guarantee any specific position in search engine results for your website or on any of the social networks. We perform basic search engine optimization according to current best practice.
11. 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 the project, however that delay arises.
We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites. You can, however, request this service, should you require it, at an hourly fee.
14. OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING
We will supply your account credentials for domain name registration and/or web hosting that we have arranged on your behalf. We do not supply web hosting. The hosting account will be in the client’s name and the client will have a direct account & invoice relationship with the hosting company. Pinsoft Studios will not be held liable for any source files hosted by the hosting company, this includes email accounts. In the event of a hosting account or website & email files being compromised, Pinsoft Studios will not be held liable. Pinsoft Studios is available to assist with hacking situations at an hourly fee if the client requests assistance. When a client provides login details to Pinsoft Studios for their hosting company’s domain control panel, they do so at own risk. Pinsoft Studios recommends that the client changes the hosting control panel password immediately after Pinsoft Studios is done with it’s tasks and takes no responsibility for any unlawful access to the client’s hosting control panel.
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 Pinsoft Studios and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce. It is the client’s responsibility to attend to any & all legal issues pertaining to his/her eCommerce website.
16. GRAPHIC DESIGN
We are not a graphic design agency and therefore do not do logo design or any other graphic design. We do however assist where the client insists and might consult a subcontractor. Extra costs will apply at an hourly rate.
17. OUR 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. We reserve the right not to commence any work until the deposit has been paid in full. We also reserve the right to not release your website/domain/email for public view & use until the final balance has been paid.
Should we not receive payment from the client, for services rendered, we reserve the right to suspend the client’s website & email services until full and final payment reflects into our bank account.
The 50% deposit is NOT refundable.
18. ASSESSMENT & QUOTATION FEES
A fee might be imposed for quotations & assessments that are found to be time-consuming and might require us to charge a fee according to our standard hourly rate of R650.
19. 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 any comparable expenses & requests from you as the client.
Pinsoft Studios does not assist in any legal issues pertaining to a client’s website and all associated documents, media and sources. The client needs to provide his/her own legal expert for website content, documents, sources, media and all legal terminology such as terms & conditions. No legal services are included in any of our packages or quotations.
21. EXTERNAL SOURCES
Pinsoft Studios does not take responsibility for any content that’s being pulled from external resources such as videos, images, fonts, JS, CSS or any coding of any kind and format that is not part of the site root / local source files. Should external sources disappear or break the site, Pinsoft Studios will not take responsibility for loss, since the availibility of these sources are out of our control.