TERMS & CONDITIONS
THE FOLLOWING TERMS AND CONDITIONS APPLY TO ALL WEBSITE DEVELOPMENT / DESIGN SERVICES PROVIDED BY JOHNATHAN CHURCH (GRAPHDEVIGNER STUDIOS) TO THE CLIENT.
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.
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.
Charges for services to be provided by Johnathan Church (GraphDEVigner Studios) are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 14 days. Johnathan Church (GraphDEVigner Studios) reserves the right to alter or decline to provide a quotation after expiry of the 14 days.
Unless agreed otherwise with the Client, all website design services require a non-refundable advance payment of a minimum of fifty (50) percent (unless otherwise agreed upon) of the project quotation total before any work is commenced. The remaining fifty (50) percent (or agreed balance) of the project quotation total is due upon completion of the work, prior to upload to the server or release of ANY materials. All materials whether graphic or web based remain the property of Johnathan Church (GraphDEVigner Studios) until paid for in full as per the project invoice. Any attempt to use/distribute said elements before transfer of ownership will be deemed as attempted theft and be subject to legal proceedings.
Payment for services is due by cash or bank transfer. All cash payments will be subject to a 5% handling fee.
3.1 Domain Registration
GraphDEVigner Studios registers domains on the Internet through the relevant governing bodies and hosts websites and related material on the GraphDEVigner Studios server(s) on behalf of Clients. These terms and conditions apply to the use and registration of domain names and the web hosting services offered by GraphDEVigner Studios.
GraphDEVigner Studios registers domains through approved Domain Registrars, such as OpenSRS (for gTLDs). GraphDEVigner Studios may, at its discretion use other approved entities for registration, but in general may limit domains offered based on availability from the registrar concerned.
GraphDEVigner Studios hosting and free registration is sold as a bundled package and cannot be separated, i.e. GraphDEVigner Studios will not pay for registration if it is not combined with any of their hosting products.
The Client will be bound by the terms and conditions of the relevant domain name space (e.g. .com or .co.za) under which any domain name registered on its behalf falls, and should become familiar with them. GraphDEVigner Studios may post links to these terms and conditions on the GraphDEVigner Studios Website purely as a convenience to the Client.
Where GraphDEVigner Studios is acting as a registrar or reseller in registering a domain name for the Client, the Client may be required to agree to further terms. GraphDEVigner Studios will provide the Client with a link to these terms, which are incorporated into this Agreement by reference.
GraphDEVigner Studios will strive to ensure that registration and subsequent DNS propagation is effected in the shortest period of time. However, GraphDEVigner Studios cannot be held liable for any delays that may accompany the registration of domains. Initial Setup fees are non-refundable. Domain Name Registration fees constitute a once-off payment subject to certain renewal charges.
3.2 Domain Renewal
GraphDEVigner Studios will register a domain for a specified period (generally one year). Thereafter, the Client is solely responsible for ensuring that the domain is renewed at the end of that period, and subsequent periods, until the domain is either cancelled or transferred by the client. This includes domains which have been set to auto-renew. Should the auto-renewal process fail, the onus will be on the client to notify GraphDEVigner Studios of the failure. GraphDEVigner Studios will endeavour to send a courtesy reminder to the Client, such as an SMS, email, or a ClientZone or GraphDEVigner Studios App notification. Such reminders in no way transfer responsibility to GraphDEVigner Studios for ensuring that the domain is renewed.
Should this reminder fail to reach the Client, or should the reminder fail to be issued, this will not constitute a breach of this agreement, as this is solely performed as a courtesy.
3. Client Review
Johnathan Church (GraphDEVigner Studios) 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 Johnathan Church (GraphDEVigner Studios) otherwise within ten (10) days of the date the materials are made available to the Client. Any changes requested thereafter will be subject to additional fees.
4. Turnaround Time and Content Control
Johnathan Church (GraphDEVigner Studios) will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon Johnathan Church (GraphDEVigner Studios) receiving initial payment, unless a delay is specifically requested by the Client and agreed by Johnathan Church (GraphDEVigner Studios).
In return, the Client agrees to delegate a single individual as a primary contact to aid Johnathan Church (GraphDEVigner Studios) with progressing the commission in a satisfactory and expedient manner.
During the project, Johnathan Church (GraphDEVigner Studios) will require the Client to provide website content; text, images, movies and sound files.
5. Failure to provide the required website content:
Johnathan Church (GraphDEVigner Studios) 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 inquiries to ensure that your work is completed at the time arranged.
This is why we ask that you provide all the required information in advance. 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%. 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 calendar week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go-ahead to start until you are ready to do so.
NOTE: Text content should be delivered as a Microsoft Word, 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 yourself. If you wish to have this feature installed an additional once-off charge of R2750.00 is applicable. Johnathan Church (GraphDEVigner Studios)will implement the feature and provide customised learning material to ensure you are able to update the content of the website yourself.
Invoices will be provided by Johnathan Church (GraphDEVigner Studios) 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. Accounts that remain unpaid seven (7) calendar days after the date of the invoice will have any and ALL services suspended with an R350.00 penalty payable before reconnection of any services whatsoever.
Disconnection shall occur at the close of business on the first day following the 7th day. In the case of a website being suspended due to non-payment, a reconnection fee of R350 will be payable before the website is unsuspended. An additional waiting period of up to 72 hours may be imposed in the case of multiple payment bounces.
Hosting Fees unpaid by the close of business on the 3rd day of the month will result in the suspension of services in its entirety. Above non-payment terms apply including the reconnection fee.
Unless otherwise agreed:
- Billing will commence on the date that Service provision commences. Partial months will be charged pro rata.
- Services are billed in advance and all invoices must be paid by the Client in advance.
- Any Services invoiced in arrears are payable on presentation of invoice.
- All Fees and other amounts payable are quoted exclusive of VAT.
- Interest will be charged on any amount that remains unpaid by the Client beyond the due date of payment:
7. Additional Expenses
Client agrees to reimburse Johnathan Church (GraphDEVigner Studios) for any additional expenses necessary for the completion of the work. Examples would be the purchase of special fonts, stock photography etc.
8. Web Browsers
Johnathan Church (GraphDEVigner Studios) 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, Edge, Google Chrome, etc.). Client agrees that Johnathan Church (GraphDEVigner Studios) cannot guarantee correct functionality with all browser software across different operating systems.
Johnathan Church (GraphDEVigner Studios) 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, Johnathan Church (GraphDEVigner Studios) 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.
9. Server Over-usage
Client agrees to reimburse Johnathan Church (GraphDEVigner Studios) for any over-usage of allocated server space. This abuse will be charged for at the current rate and will be billed in units/increments of 10 Gigabytes. Billing for over-usage will occur no later than the 3rd of the calendar month and will be subject to immediate payment.
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 Johnathan Church (GraphDEVigner Studios)’s Web space, Johnathan Church (GraphDEVigner Studios) will, at its discretion, remove all such material from its web space. Johnathan Church (GraphDEVigner Studios) 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. Cheques returned for insufficient funds will be assessed a return charge of R250.00 and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Johnathan Church (GraphDEVigner Studios) reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Johnathan Church (GraphDEVigner Studios) in enforcing these Terms and Conditions.
Termination of services by the Client must be requested in a written notice and will be effective One Calendar Month after the 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 hosting fees paid are non-refundable. This includes monthly and yearly hosting packages.
If termination occurs within 12 Calendar Months post development and the website is hosted with Johnathan Church (GraphDEVigner Studios) a penalty fee shall be charged at R350.00. Early transfer of any and all domains shall be carried out at a charge of R350.00 per domain.
All Johnathan Church (GraphDEVigner Studios) services may be used for lawful purposes only. You agree to indemnify and hold Johnathan Church (GraphDEVigner Studios) 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 Johnathan Church (GraphDEVigner Studios) 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 Johnathan Church (GraphDEVigner Studios) permission and rights for use of the same and agrees to indemnify and hold harmless Johnathan Church (GraphDEVigner Studios) 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 Johnathan Church (GraphDEVigner Studios) that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested. It is also hereby stated that all open files are copyrighted to Johnathan Church unless purchased at a discussed fee.
14. 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 Johnathan Church (GraphDEVigner Studios) to return to the Client any images or printed material provided for use in the creation of the Client’s website, such return cannot be guaranteed.
15. Design Credit
A link to Johnathan Church (GraphDEVigner Studios) 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 10% of the total development charges will be applied. When total development charges are less than R50 000.00, a fixed fee of R5000.00 will be applied. The Client also agrees that the website developed for the Client may be presented in Johnathan Church (GraphDEVigner Studios)’s portfolio.
16. Access Requirements
If the Client’s website is to be installed on a third-party server, Johnathan Church (GraphDEVigner Studios) 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.
17. Post-Placement Alterations
Johnathan Church (GraphDEVigner Studios) 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.
18. Domain Names
Johnathan Church (GraphDEVigner Studios) may purchase domain names on behalf of the Client. Payment and renewal of those domain names shall be automatically billed with hosting due monthly. Non-payment by the Client will lead to loss, cancellation or otherwise of the domain and it is not the responsibility of Johnathan Church (GraphDEVigner Studios) to ensure this does not occur. 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 an agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
20. Governing Law
This Agreement shall be governed by South African Law.
Johnathan Church (GraphDEVigner Studios) 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 Johnathan Church (GraphDEVigner Studios) 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.