Terms and Conditions
Terms and conditions
Terms and Conditions:
By engaging in communication or interacting with Electro Web Design and its website as well as any email addresses, telephone numbers, and social media accounts you agree to acknowledge and abide by the following terms and conditions:
1) Payment Terms and Conditions
By requesting a cost estimate from Electro Web Design, you are agreeing to acknowledge and abide by the following terms and conditions.
– The cost estimates issued through the website and via email communication between the client (person(s) or organisation requesting the cost estimate) and Paul Nicolson (trading as Electro Web Design) are subject to change based on the final scope of the project and subject to any adjustment by either Electro Web Design or the client.
– The client is responsible for ensuring that the full scope of the project is relayed as comprehensively as possible to Electro Web Design so that an accurate cost estimate can be given. Any additional work not outlined in the initial cost estimate will either be billed in addition to the original cost estimate or added to the original cost estimate.
– Should any changes or adjustments to a cost estimate be necessary Electro Web Design will make these adjustments known to the client before payment takes place. Should adjustments to the scope of the project be necessary after payment has been made a new cost estimate will be issued for approval reflecting the additional work.
– Cost estimates are valid for 30 days
– Upon approval by both client and Electro Web Design, the cost estimate shall be converted to a pro-forma invoice and a 50% deposit will be payable by the client before any work may commence.
– Deposits, once paid, are non-refundable and non-transferrable.
– Electro Web Design will make every reasonable effort to ensure that any queries regarding cost estimates and invoices are addressed and terms of payment are made clear to the client.
– Pro-forma invoices are payable on receipt
– Once the project has reached completion full payment of any outstanding balanced will be due. Should payment not be made for a project based on the agreed upon amount outlined in the pro-forma invoice Electro Web Design reserves the right to suspend any services including but not limited to web design files, reports, hosting packages, email accounts as well as withhold design assets until payment has been made.
2) Additions and Alterations
New work requested by the client and performed by Electro Web Design after a cost estimate or pro-forma invoice has been approved is considered an addition or alteration. If the job changes to an extent that substantially alters the specifications described in the original estimate, we will submit a project addendum to you, and both parties must agree to the revised or additional fee before further work proceeds.
3) Additional Out of Pocket Expenses:
Fees for professional services do not include outside purchases such as, but not limited to, printing, photography, digital assets, stock images, colour printouts, laminating, illustrations, separations, shipping and handling or courier service. Note that all such expenses will only be charged if the client has approved them prior to purchase. If our services are required in out-of-town locations, we will bill lodgings, meals, rentals, and transportation at cost. Reimbursement for mileage is calculated at current allowable rates.
If you should direct Electro Web Design at any time to cancel, terminate or “put on hold” any previously authorized out-of-pocket purchase, we will promptly do so, provided you hold Electro Web Design harmless for any cost incurred as a result.
4) Nature of Content
You as the client agree to exercise due diligence in its direction to us regarding preparation of content materials and must be able to substantiate all claims and representations. You as the client are responsible for all trademark, service mark, copyright and patent infringement clearances. You as the client are also responsible for arranging, prior to publication, any necessary legal clearance of materials we prepare in the scope of a project.
5) Errors and Omissions
It is the client’s responsibility to check proofs, comps, and other deliverables carefully for accuracy in all respects, ranging from spelling to technical illustrations. Electro Web Design is not liable for errors or omissions. Your signature or that of your authorized representative is required on all mechanicals, websites, or artwork prior to release for printing, digital publication, or other implementation.
6) Rights of Ownership
According to the Copy right Law of 1976, the rights to all design and art work, including but not limited to printed or digital designs, photography, and or illustration created by independent photographers or illustrators retained by Electro Web Design, or purchased from a stock agency on your behalf, remain with the individual agency, artist, photographer or illustrator. However, once an entire project has been fully paid for by the client and delivered by us, Electro Web Design will assign the reproduction rights of the design for the use(s) described in the proposal. If no such specific uses are detailed in the proposal, upon payment in-full, all rights to and ownership of the work are assigned to the client without reservation, except as follows:
We reserve the right to photograph, digitally reproduce and/or distribute or publish for our own promotional and marketing needs any work we create for you, including mock-ups, screenshots, and comprehensive presentations, as samples for our portfolio, newsletter, brochures, slide presentations and similar media. We agree to store copies of delivered project materials for a period of 90 days beyond the delivery of a job. Thereupon, we reserve the right to discard them.
7) Term & Termination
The term of this agreement will continue for work in progress until the project is concluded according to the project scope outlined in the pro-forma invoice , or until terminated by Electro Web Design or the client upon written notice according to the following conditions:
7a: Breach of Contract
Upon the client’s breach of contract, Electro Web Design may terminate the project upon written notice and will deliver all originally-client-owned intellectual property in Electro Web Design’s possession. In such case, the client will be granted no right or license to the work. Upon Electro Web Design’s breach of contract, the client may choose to terminate the project. In such case, Electro Web Design will deliver to the client all property and project materials in Electro Web Design’s possession for which the client has paid, as well as all originally-client-owned intellectual property in Electro Web Design’s possession. Thereupon, the client has the contractually described right or license to the paid-for work. In such case, if CLIENT has paid for work not yet performed, Electro Web Design will refund the outstanding difference.
In the event the client is dissatisfied with the quality of Electro Web Design’s work, the client agrees to inform Electro Web Design of this dissatisfaction and allow Electro Web Design a reasonable chance to amend the issue. If after amendment, the client remains dissatisfied with the quality of the work, the client may choose to terminate the project. In such case, the client will be granted no right or license to the work.
7c: Termination Without Just Cause
Upon non-breach-of-contract project cancellation by the client, the client will, in addition to any costs already paid, pay a “kill fee” of 20% of the total project cost outlined in the pro-forma invoice within 15 days of the cancellation notice. In such case, the client will be granted no right or license to the work. Upon non-breach-of-contract project cancellation by Electro Web Design, Electro Web Design will deliver to the client all paid-for work and will refund 20% of the fees client has already paid to Electro Web Design during the course of the project in question.
Upon any planned-for or imposed termination of the project, the client will indemnify and hold Electro Web Design harmless for any loss or expense (including attorney’s fees), and agree to defend Electro Web Design in any actual suit, claim or action arising in any way from our working relationship. This includes but is not limited to assertations made against the client and any of its products and services arising from the publication of materials that we prepare and you approve before publication.
All work performed and created for the client for which the client has not paid may be retained by Electro Web Design as security until all just claims against the client are satisfied.
9) Production Schedules
Production schedules will be established and adhered to by both the client and Electro Web Design, provided that neither shall incur any liability, penalty or additional cost due to delays caused by a state of war, riot, civil disorder, fire, labour trouble or strike, accidents, energy failure, equipment breakdown, delays in shipment by suppliers or carriers, action of government or civil authority, and acts of God or other causes beyond the control of the client or Electro Web Design. Where production schedules are not adhered to by the client, final delivery date or dates will be adjusted accordingly.
Resources must be allocated by Electro Web Design to fulfil the client’s project needs according to schedule, as Electro Web Design is working on multiple projects at any given time. It is necessary that the client be available to provide approvals, feedback, content, or anything else outlined in the project proposal and otherwise maintain contact with Electro Web Design during the project timeline.
If the client fails to deliver necessary content, resources, or feedback by the time Electro Web Design deems crucial to any deadline, all deadlines and milestones (except payment milestones) will be adjusted accordingly.
The client’s failure to meet timeline/milestone or content obligations for a period of 7 days or more will result in reallocation of Electro Web Design’s resources and work on the project will be delayed or may cease. Resuming work on the project will require a reassembly period that may equal the time of delay caused by the client. Please note that any adjustments to project deadlines or milestones caused by client behaviour do not affect payment milestones. All payment will be required at the time(s) initially described in the ATP.
If the client’s inactive or unresponsive time exceeds a period of 30 days, this constitutes abandonment of the project. In such a case, the client will be considered to have cancelled the project, subject to the consequences outlined in section 10 Term and Termination section. Thereupon, Electro Web Design can choose to cease further work on the project. In such case, the client will be granted no right or license to the work and Electro Web Design is absolved of any obligation to resume the project.
The client acknowledges and agrees that regardless of the number of individuals involved in the project, one individual in their team/company will be appointed to have ultimate responsibility for approvals of the deliverables Electro Web Design will create and present. The client further acknowledges and agrees that this one individual must be directly involved in the entire project and must participate in significant events during the project, including initial discovery meeting(s), initial design presentation(s), and any planning meetings.
In the event that deliverables are made available to the client for approval and the client fails to respond within 10 days to approve or reject, the deliverables are considered to be approved.
11) Additional Provisions
The validity and enforceability of this agreement will be interpreted in accordance with the laws of the Republic of South Africa applicable to agreements entered into and performed in the Republic of South Africa. This agreement is our entire understanding and may not be modified in any respect except in a mutually-executed addendum.
If we must retain attorneys to collect our invoices, we will be entitled to the client’s payment of reasonable attorney’s fees, court costs, and interest at the maximum rate permitted by law.
Electro Web Design will not share your contact information with any third parties. We will however keep the contact information you may provide us with in our own database and may from time to time contact you regarding products and services we think you may be interested in. Contact will be limited and reasonable, with a clear option to opt out at any time. Electro Web Design makes use of Google Analytics in order to track site stats for our own personal market research and optimisation and as such we do make use of browser cookies.
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