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 MATERIAL

The client must supply all materials and information, required by Pinsoft Studios, 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 the client fails to supply materials, and that prevents the progress of the work, we have the right to invoice the client for any part or parts of the work already completed.

Any documentation, supplied by the client, that requires Pinsoft Studios to extract data or information, needs to be supplied in a correct, workable format. Should the extraction of information or data cause a delay in the progress of a client project and become time consuming, due to non-workable, tedious or outdated formats Pinsoft Studios reserves the right to charge an additional fee for the extra time spent as per the Pinsoft Studios hourly rate. Documentation format examples includes items such as Excel type documents, Word type document, PDFs, text format document, graphical design files, video files, audio files and any other formats necessary to complete a project.

3. VARIATIONS

We are pleased to offer the client 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 the client makes 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 a rate of R850.00 per hour.

4. PROJECT DELAYS AND CLIENT LIABILITY

Any time frames or estimates that we give are contingent upon the client’s full cooperation and complete and final content in photography for the work pages. During development, there is a certain amount of feedback required to progress to subsequent phases. It is required that a single point of contact be appointed from the client’s side and be made available daily to expedite the feedback process. Pinsoft Studios reserves the right to invoice incrementally in the case of project delays where the amount of time spent to date has not been covered by the deposit paid to date.

5. APPROVAL OF WORK

On completion of the work, the client will be notified and have the opportunity to review it. The client 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 the client rejects any of our work within the 3-day review period or does not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that the client has 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.

7. PAYMENT

Upon completion of the 3-day review period, we will invoice the client for the balance of the project. (also refer to item 17)

8. WARRANTY BY the client AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS

The client must obtain all necessary permissions and authorities in respect of the use of all body copy, graphic images, registered company logos, names and trademarks, or any other material that the client supply to us to include in the client’s website or web applications.

On the commencement of the client’s project, the client indemnifies us and hold us harmless from any claims or legal actions related to the content of the client’s website.

9. SEARCH ENGINES (SEO)

Pinsoft Studios is not a search engine optimization company and do not guarantee any specific position in search engine results for the client’s website or on any of the social networks or ad marketing platforms. We perform basic technical search engine optimization according to current practices at the time of a client project.

10. CONSEQUENTIAL LOSS

We shall not be liable for any loss or damage which the client may suffer which is in any way attributable to any delay in performance or completion of the project, however that delay arises.

Once a project is completed and the final payment has been made, the client indemnifies Pinsoft Studios of any further liability or responsibility towards his/her website. Pinsoft Studios is furthermore indemnified from any responsibility for any changes made to a website once login details has been provided to the client or any third party or company appointed by the client or acting on the client’s behalf.

11. SUBCONTRACTING

We reserve the right to subcontract any services that we have agreed to perform for the client as we see fit.

12. BACKUPS

Clients are responsible for maintaining their own backups with respect to their website and we will not be liable for restoring any client data or client websites. The client can, however, request this service, should the client require it, at an hourly fee.

13. OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING

We will supply the client’s account credentials for domain name registration and/or web hosting that we have arranged on the client’s 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 their own risk. Pinsoft Studios recommends that the client changes the hosting control panel password immediately after Pinsoft Studios is done with its tasks and takes no responsibility for any unlawful access to the client’s hosting control panel.

14. E-COMMERCE

Clients 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 the client or their client’s use of Internet electronic commerce. It is the client’s responsibility to attend to any & all legal issues pertaining to their e-commerce or ordinary website. All quotations for e-commerce websites are based on a standard WooCommerce setup, should the client not provide any special requirements for functionality during the initial brief. Any additional functionality requested after the initial brief will be at an additional cost to the client. Pinsoft Studios does not get involved in any shipping/courier arrangements, all shipping/courier settings and API’s needs to be arranged by the client and provided to Pinsoft Studios.

15. 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.

16. OUR FEES AND DEPOSITS

A 50% deposit of the total fee payable under our proposal is due immediately upon the client 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 the client’s 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.

17. 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 R850.

18. ADDITIONAL EXPENSES

The client agrees to reimburse us for any requested expenses which do not form part of the intial brief or our proposal including but not limited to the purchase of templates, third-party software, stock photographs, fonts, domain name registration, web hosting, request for additioal functionality or any comparable expenses & requests from the client.

19. LEGAL

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 and privacy policies. No legal services are included in any of our packages or quotations.

20. 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 availability of these sources is out of our control.

21. TRAINING & TUTORIALS

We are happy to provide our client with the necessary remote training or video tutorials for WordPress if requested. Please be sure to inform us during the initial brief so that we can include it as a line item in our first or any subsequent quotations. Other than that we will assume that the client is familiar with WordPress. We do not include training as a line item unless specifically requested beforehand. By default, training is excluded from any standard quotations.