Terms and Conditions of Service
The terms and conditions stated in this document apply to all Wishbone Web Design Clients unless agreed in writing to the contrary. No other contract terms and conditions shall apply unless specifically agreed in writing between Wishbone Web Design and the Client. In the event of any ambiguity between these terms and conditions and any terms agreed in writing between Wishbone Web Design and the Client then the terms and conditions hereunder will apply.
Please note that these Terms and Conditions are Subject to updates. as and when these occur you will be notified where you can download an updated version.
TABLE OF CONTENTS
ESTIMATES
INVOICING & PAYMENT TERMS
PROJECT TERMS
ONGOING MAINTENANCE AND SUPPORT
TERMINATION OF SERVICE
3RD PARTY SERVICES
WEBSITE DEVELOPMENT AND DESIGN TERMS AND CONDITIONS
SEO TERMS AND CONDITIONS
EMAIL MARKETING TERMS AND CONDITIONS
CONTENT MARKETING TERMS AND CONDITIONS
HOSTING TERMS AND CONDITIONS
GENERAL SERVICE DISCLAIMERS
COPYRIGHT
BREACH
WHAT CAN BE EXPECTED OF US
WHAT WE EXPECT OF OUR CLIENTS
ESTIMATES
1.1 Wishbone Web Design may provide Clients with initial estimates, otherwise referred to as quotations, for projects on request. The final project value may vary from the initial quotation if additions are requested to the original scope of work.
1.2 Wishbone Web Design will provide quotations in writing by email to Clients, which will include a hyperlink to these Terms and Conditions. Acceptance by a Client of a Wishbone Web Design estimate is subject to acceptance of the terms and conditions unless specifically agreed in writing between the Client and Wishbone Web Design to the contrary.
INVOICING & PAYMENT TERMS
2.1 Wishbone Web Design standard payment terms are 7 days from the date of invoice.
2.2 New projects require a 50% upfront payment for the commencement of a project and a final payment before the project is made live.
2.3 Monthly or retainer invoices will be invoiced by the 2nd of the month and needs to be paid within seven business days thereafter. Late payment will result in interest being charged to the account and a suspension of retainer services.
2.4 In the event that website development cost has been broken up into a payment plan, Wishbone Web Design will remain the owners of the website until the design and development work has been paid in full as per the initial quotation.
2.5 Wishbone Web Design reserves the right to increase their pricing in line with the official annual inflation rate each year, which is obtained from Statistic South Africa’s latest available Consumer Price Index (CPI) Headline Report.
PROJECT TERMS
3.1 Unless expressly agreed in writing to the contrary Wishbone Web Design will not accept liability to the Client for unforeseen delays in completing a project.
3.2 In the event that there is a delay in the completion of a project, Wishbone Web Design will communicate such delays to the Client in writing via email.
3.3 All website or online marketing tactic setup content needs to be provided by the client within 2 weeks of a deposit being paid to commence a project.
3.4 All Graphic design content needs to be provided within 2 week of a deposit being paid to commence a project.
3.5 The client is required to provide Wishbone Web Design with all the content required for a project within the period detailed above. Should the client delay issuing Wishbone Web Design with the content required for the project, Wishbone Web Design reserves the right to renegotiate the expected completion date.
ONGOING MAINTENANCE AND SUPPORT
4.1 Fixes for newly built websites need to be identified within a 14 day period from going live. If fixes are identified after this period and the client is not on a Maintenance agreement then a quotation will be issued to commence such fixes.
4.2 Wishbone Web Design cannot future proof its services or products. Once a client has signed off on a project the responsibility to maintain and update plugins and Themes used on the website becomes the client’s responsibility unless a maintenance agreement has been signed with Wishbone Web Design which covers such incidents.
4.3 Maintenance does not mean “eyes on the website” all the time and issues on the website still need to be reported to Wishbone Web Design.
4.4 Development faults with plugins or themes used on a website built by Wishbone Web Design are not covered by a maintenance agreement and will be quoted for separately as in most cases the original software developer will need to be involved.
4.5 Similarly, hosting and website faults remain the responsibility of the hosting provider and do not fall under any maintenance agreement.
TERMINATION OF SERVICE
5.1 Cancellation of any products or services may be made at any time by providing Wishbone Web Design with a cancellation request 1 calendar month in advance, in writing.
5.2 In the event of cancellation of the agreement prior to the completion of the cancellation period, Wishbone Web Design reserves the right to pursue any of the following: (1) remove equipment, software, services or resources owned by the Company, (2) bring legal action against the Client for contractual breach or (3) remove any created websites, graphics, content, links, advertising and accounts.
3RD PARTY SERVICES
6.1 Wishbone Web Design will offer to Clients’ third party services such as those offered by Google to enhance the performance of their websites. Wishbone Web Design may include in quotations the setup and maintenance of such third party services. Wishbone Web Design will not be liable to the Client for any interruption, non-performance, or cancellation of the provision by third parties of any such services.
WEBSITE DEVELOPMENT AND DESIGN TERMS AND CONDITIONS
7.1 All website content needs to be provided by the client within 2 weeks of payment of a deposit to commence a project. Should the client delay issuing Wishbone Web Design the content required for the project, Wishbone Web Design reserves the right to renegotiate the expected completion date.
7.2 CMS websites require updates to plugins and themes. If the client has not opted for monthly maintenance, such updates and the cost thereof, remain the responsibility of the client. However, plugins and themes may be quoted for separately if required.
7.3 Additional pages, images and revisions on projects above the scope of work agreed above will attract additional charges.
7.4 All E-commerce websites will come with Flat Rate shipping. It is the client’s responsibility to negotiate shipping costs with his/her preferred supplier and to provide Wishbone Web Design with specified flat rates. Alternative Shipping Plugin purchase and configuration fall out of the scope of work, unless specifically quoted for.
7.5 All e-commerce website will have Payfast and EFT payment as the default payment options. It remains the responsibility of the client to sign up with Payfast and to provide us with their login details.
7.6 The client agrees that all content provided by the client including articles, website wording, graphics and videos are owned by the client and free of any copyright infringement.
7.7 Landing pages, unless otherwise stated are created using a specific Landing page platform. If you want a copy of this page we can provide it, but it will only be reactivated using a version of the same platform, as the code is customised for use on this platform.
7.8 Viruses & Outdated Websites, Wishbone Web Design makes every effort to take security precautions on our Clients websites, this includes the relevant security plugins which keeps its servers secure, wherever possible. However we cannot guarantee the prevention of hacks, viruses or unexpected data deletion and cannot be held liable for any such damages as a result.
Wishbone Web Design cannot be responsible for any websites that have stopped working or have become faulty over time due to the website becoming “outdated”. Outdated websites can be affected due to many aspects, such as new browser software, outdated web code, etc. Wishbone Web Design cannot be expected to keep your website updated in every aspect without being compensated to do so. In this situation the Client may opt to have their website redeveloped or select one of our subscription based website packages where Wishbone Web Design is responsible for updating this on your website at all times.
SEO TERMS AND CONDITIONS
8.1 Wishbone Web Design accepts no responsibility nor liability to the Client for the actual rankings achieved or how such rankings may vary over time. Search engines are known to change their algorithms and in such doing rankings and traffic may fluctuate.
EMAIL MARKETING TERMS AND CONDITIONS
9.1 Wishbone Web Design will setup Client’s email with email service providers and charge a fixed amount for doing this.
9.2 Payment of Monthly charged based on subscribers will remain the responsibility of the client.
9.3 Wishbone Web Design will not be liable for any purchased, rented, or third-party lists of email addresses that were/are purchased/provided by the client for newsletter or emailing distribution.
9.4 Wishbone Web Design will not be held liable for any penalties placed upon the client by the email service provider as a result of purchased, rented, or third-party lists of email addresses or spam content used in newsletters.
CONTENT MARKETING TERMS AND CONDITIONS
10.1 The Client’s account manager will post content based in the client’s: Target Market, Products, Industry, but occasionally content might be relevant to General Internet Trends or Holidays. The Client is responsible for setting content guidelines with the Wishbone Web Design, these guidelines can be in the form of a list of approved: websites, newsletters, rss feeds where Wishbone Web Design can derive content from.
10.2 Wishbone Web Design cannot take responsibility for the sharing of, nor comments made in response to content posted on the page, as this is the nature of social media interactions. An Escalation process will be followed with feedback on the social media sites, but in no way will any actions taken in response to these contradict the objective of company transparency.
10.3 Unless otherwise agreed the content for newsletters will be provided by the client, although Wishbone Web Design may give some suggestions for content going forward.
10.4 The client agrees that all content provided by the client including articles, website wording, graphics and videos are owned by the client and free of any copyright infringement.
GENERAL SERVICE DISCLAIMERS
The Client acknowledges the following with respect to services:
11.1 Wishbone Web Design accepts no responsibility for policies of Google, third-party search engines, directories or other websites (“Third-Party Resources”) that the Client may submit to with respect to the classification or type of content it accepts, whether now or in the future. The Client’s web site or content may be excluded or banned from any Third-Party Resource at any time and the Client agrees not to hold Wishbone Web Design responsible for any liability or actions taken by Third-Party Resources under this Agreement.
11.2 The Client furthermore acknowledges that the nature of many of the resources the Wishbone Web Design may employ under this Agreement are competitive, therefore Wishbone Web Design does not guarantee top rankings, consistent positioning or specific performance of any strategies employed and the Client accepts that the Wishbone Web Design past performance is not indicative of any future results the Client may experience.
11.3 The Client recognizes that SEO and submissions to search engines and directories can take an indefinite amount of time for acceptance or inclusion and that internet advertising may be subject to the individual advertising network’s policies and procedures.
11.4 The Client accepts that Google Adwords, search engines, directories or other resources may block, prevent or otherwise stop accepting submissions for an indefinite period of time.
11.5 The Client acknowledges that search engines may drop listings from its database for no apparent or predictable reason. The Company shall re-submit resources to the search engine based on the current policies of the search engine in question.
11.6 Wishbone Web Design will endeavor to make every effort to keep the Client informed of any changes that Wishbone Web Design is made aware of that impact any of the campaigns and strategies and the execution thereof under this Agreement. The Client also acknowledges that Wishbone Web Design may not become aware of changes to third-party resources, industry changes or any other changes that may or may not affect campaigns or services.
11.7 Wishbone Web Design, for the duration of this agreement, may develop design strategies and codes, which, in Wishbone Web Design’s opinion improve the Client’s website. Wishbone Web Design and the Client will review these suggestions together and once mutual agreement is reached activate these changes. If the Client decides to make any material changes to the website, the Client will consult with Wishbone Web Design prior to implementing these changes, to make sure that they do not conflict with Wishbone Web Design marketing strategy.
11.8 Third-Party Resources, particularly Facebook, change their layout and can very often affect any business page installations and applications. The Company will not be held liable for these changes and, should work need to be done to rectify, then a new “quote” would need to be drawn up.
11.9 Wishbone Web Design and its subcontractors retain the right to display all designs as examples of their work in their respective portfolios.
COPYRIGHT
12.1 The source code of all website web pages remains the intellectual property of Wishbone Web Design until such time as payment is made in full by the client and may not be copied and used by any other party without the consent of Wishbone Web Design.
12.2 All scripts, CSS and include files used within Client websites, remains the intellectual property of Wishbone Web Design until such time as payment is made in full by the client and may not be copied and used by any other party without the written consent of Wishbone Web Design.
12.3 The stored procedures, functions and triggers programmed into SQL Databases remain the intellectual property of Wishbone Web Design until such time as payment is made in full by the client and and may not be copied and used by any other party without the consent of Wishbone Web Design.
12.4 All Client logo images, images unique to the Client, i.e. of their premises, workforce and their business, plus all written copy, belong to the Client and are covered under their copyright. Wishbone Web Design will not reuse Client written content or images without the express permission of the Client.
12.5 Wishbone Web Design will not be liable for any copyright infringements committed by the Client with regards to content provided for marketing materials. The Client hereby agrees that all content submitted to Wishbone Web Design is original content and not copied off other websites as copying content of other online assets will directly impact Wishbone Web Design ability to run an effective marketing strategy for the Client.
12.6 The Client and the Company acknowledge and agree that the Specifications and all other documents and information related to the development of the Wishbone Web Design Campaign (the “Confidential Information”) will constitute valuable trade secrets of the Company. The Client shall keep the Confidential Information in confidence and shall not, at any time during or after the term of this Agreement, without the Company’s prior written consent, disclose or otherwise make available to anyone, either directly or indirectly, all or any part of the Confidential Information.
BREACH
13.1 In the event that the Client does not pay an invoice within the time frame allocated in the invoice, then Wishbone Web Design has the right to suspend all further works for that Client until such time as payment is made in full.
13.2 In the event that the Client does not pay a hosting subscription invoice within 30 days of the due date, i.e. 44 days after the invoice date, then Wishbone Web Design reserve the right to turn off any website hosting until such time as the invoice is paid in full.
13.3 In the event that the Client becomes insolvent or goes into liquidation Wishbone Web Design have the right to immediately terminate their contract with the Client and invoice for the full value of project works carried out to that date, plus suspend any email or hosting services.
13.4 In the event that a Client delays the progress of a project with Wishbone Web Design then Wishbone Web Design will be entitled to give 14 days written notice to the Client. If the Client does not satisfactorily remedy the cause(s) of the delay, within the 14 day notice period, then Wishbone Web Design will have the right to terminate the service. Wishbone Web Design will invoice the Client for the full value of works carried out to-date.
13.5 In the event the Client fails to make any of the payments referenced in deadline set forth, Wishbone Web Design has the right, but is not obliged, to pursue any or all of the following remedies: (1) terminate the Agreement, (2) remove equipment, software, services or resources owned by the Company or (3) bring legal action.
WHAT CAN BE EXPECTED OF US
14.1 We aim to achieve the highest level of client satisfaction and for our clients to have absolute faith in our standard of work and the professional manner in which we conduct business. We will:
be friendly, courteous and helpful when contacted
make every effort to explain things clearly and in terms you can understand, keeping jargon to a minimum
agree with you the type of service you can expect to receive
respond to your phone calls, emails and letters in a timely manner
treat all clients fairly
confidentiality
WHAT WE EXPECT OF OUR CLIENTS
15.1 We expect you to:
provide any information that has been requested within agreed timescales
pay all invoices within the payment terms defined in our agreement
let us know in advance if you are unable to do this, or if your circumstances change
