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Terms And Conditions
 
 


Terms And Conditions
 
Introduction
 
This document defines the terms and conditions of our working relationship. Unless otherwise agreed to in writing by both the parties, by placing an order with Web Tick, you confirm that you are in agreement with and bound by the terms and conditions below.
 
Services
 
Web Tick's number one priority is to offer the client a professional web service, which may include, but is not limited to web design, web development, hosting, domain registration/renewal, maintenance, online advertising management, search engine optimization, social media marketing, graphic design and software development.
 
Authorisation
 
The client authorisesWeb Tick to perform the services outlined in this agreement on the clients behalf, which may include, but is not limited to, registering their domain, accessing their hosting account and disk space, creating databases and applications, managing their online advertising, and submitting their project to search engines.
 
Additional Costs And Fees
 
The client will be advised of all costs, changes and additions before commencement of the additional work. Fees for professional services do not include outside purchases such as, but not limited to, software licensing, copyright licensing, photography, color printouts, illustrations or courier service. Additional expenses are itemized on each invoice.
 
Production Schedules
 
Production schedules will be established and adhered to by both the client and Web Tick. Where production schedules are not adhered to by the client, final delivery date or dates will be adjusted accordingly. Additional costs may be charged for client delays, if the delays result in an increase in time to manage or deliver the services.
 
Payment
 
The client agrees to pay Web Tick in accordance with the terms specified in each proposal/estimate. Payment will be due from the date of signing the agreement.

A 50 percent deposit will be required before any work is started unless otherwise agreed in writing by both parties. If the client fails to pay any invoice, Web Tick reserves the right to withdraw the website and associated materials or refuse completion and/or delivery of work until past due balances are paid.

All materials or property belonging to the client, as well as work performed, may be retained as security until all just claims against the client are satisfied. The client is responsible for any debt collection, legal or court fees which may come due.
 
Confidentiality
 
Web Tick will not disclose to any third party or use, other than for the purposes of this agreement, any knowledge or information imparted to or obtained by it during or in connection with the fulfilment of this agreement, which is of a secret or confidential nature relating to the business, equipment, processes, products, services or business strategies offered or employed by the client. This obligation of confidence will cease to apply in relation to information that Web Tick is required to disclose by any law, or which becomes part of the public domain other than as the result of a breach by Web Tick of its obligations of confidence under this Agreement.
 
Outsourcing
 
If needed, Web Tick reserves the right to outsource any specific project requirements to insure that the terms of this agreement are met. Any subcontractors or external suppliers will be bound to the terms of this agreement.
 
Promotion
 
Web Tick is confident that the clients’s expectations will be exceeded and as such is notifying the client that Web Tick reserves the right to use the clients’s website, associated graphics and any unused ideas and development in the promotion of Web Tick services or any design competitions. The client agrees to allow Web Tick to retain a credit and link from the footer of the website.
 
Copyright
 
The client is responsible for all trademark, servicemark, copyright and patent infringement clearances. The client is also responsible for arranging, prior to publication, any necessary legal clearance of materials Web Tick uses for this project. The client indemnifies Web Tick against any loss or damage arising directly or indirectly from any unauthorised use of photographs, text, or other Intellectual Property not under copyright ownership of the client.
 
Force Majeure
 
Web Tick shall not be deemed in breach of this Agreement if Web Tickis unable to complete the Services or any portion thereof by reason of fire, earthquake, labor dispute, act of God, death, illness or incapacity of Web Tick or any local, provincial, national or international law, governmental order or regulation or any other event beyond Web Tick’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, Web Tick shall give notice to the client of its inability to perform or of delay in completing the Services and shall propose revisions to the schedule for completion of the Services.
 
Limitation of Liability
 
The services and the work product of Web Tick are sold “as is.” In all circumstances, the maximum liability of its Designers, Directors, Officers, Employees, Design Agents and Affiliates (“Web Tick parties”), to the client for damages for any and all causes whatsoever, and the client’s maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, shall be limited to the net cost of this project as specified in this Agreement. In no event shall Web Tick be liable for any lost data or content, lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the materials or the services provided by Web Tick even if Web Tick has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy.
 
Domain Names
 
Domains are registered through another company. If the domain to be registered is a .co.za domain then due to the Uniforum EPP system and policies, this can take up to 72 hours to complete and propagate to their name servers. All domain names are legally owned by the client. All domain name registrations are subject to availability and registration rules. Web Tick will manage the domain name(s) on behalf of the client unless the client requests in writing that the client manages their own domain(s) and payment of fees. The client indemnifies Web Tick against any loss or damage arising directly or indirectly from any failure of services related to domain renewals, registrations, domain name trademarks.
 
Hosting
 
Web Tick will offer the suggested hosting package required for the client's project. The exact package required will determine the monthly cost. Due to website growth, disk-space and an increase in traffic, the client will be responsible for any over-usage, charged per GB for Traffic & per 10mb for Disk Space. Should the client decide to make use of their own hosting provider, the client will be responsible for contacting the chosen host for support relating to hosting matters & ensure that Web Tick will have the correct hosting environment needed for the project. Web PActive will charge for costs incurred liaising with the hosting company and supporting the client with hosting related issues. Web Tick will charge for costs incurred due to differences in hosting environment if installation and management exceeds standard time frames.
 
Termination / Cancellation of Hosting
 
Either party may terminate this Agreement by giving 30 days written notice to the other of such termination. The client will be liable for final payment during the 30 days notice period and all other outstanding balances. The client shall assume responsibility for collection of all legal fees necessitated by default in payment.
 
Colours And Sizes
 
Website visitors use different monitors with different settings. Colours and image quality of the website including graphics and photography will shift between computers and monitors.
 
Testing and Acceptance of the Website
 
Once the project has, in the opinion of Web Tick been completed, Web Tick will notify the client either verbally or in writing, and provide the client with an opportunity to test and review the website. If the client determines that the website does not comply with the Project Components agreed to in this document, Web Tick agrees to carry out any necessary and reasonable modifications. If the client is satisfied, the client will then be required to pay the outstanding 50 percent of the initial fee. Failure to pay this will result in the website not being published / released.
 
Client Responsibilities
 
If the client or an agent of The client other than Web PActive attempts to update, edit or alter the site’s template, infrastructure, source files or hosting management in a way that causes damage to individual pages or the site’s architecture, time to repair web pages will be assessed at our STANDARD or OVERTIME hourly rate, and is an additional cost above the costs outlined in the agreement.
 
Errors and Omissions
 
It is Web Tick’s responsibility to carefully check for accuracy in all respects, ranging from spelling, technical illustrations and ensure an overall error free environment. However Web Tick is not liable for errors or omissions. The client indemnifies Web Tick against any loss or damage arising directly or indirectly from any errors and omissions.
 
Updates/Changes
 
Web Tick offers Monthly Maintenance which will cost a minimum fee of R350.00 per hour of work done. Web Tick will ensure that any maintenance work is attended to within 48 working hours from date of receiving the instructions from the client.
 
Text
 
All text must be supplied in digital format that can be copied and pasted. Web Tick will not re-type/type-out any text found in any non-editable file format.
 
Images
 
Graphics and photographs are to be supplied in digital format on EMail, File Transfer, Flash Drive. Photographs must not exceed a file size of 2mb each (unless by prior arrangement). Larger files will incur an extra cost due to increased time in processing.