1.1 “day/days” means any day other than a Saturday. Sunday or official public holiday;
1.2 “Data Protection Legislation” means any applicable data protection or data privacy laws applicable in South Africa from time to time;
1.3 Intellectual Property means collectively all present and future intellectual property rights including, and whether registered or not, trade secrets, designs, Rights of Copyright, processes, techniques, technology and know-how;
1.4 “Services” means Website Design and Development services;
1.5 “VTA” means VTA Digital Solutions;
2. PROVSION OF SERVICES
VTA will provide Services on terms and conditions set out below.
3. FEES, DEPOSITS AND PAYMENT
A 50% deposit of the total agreed fee is payable immediately to VTA by you. The remaining 50% of the agreed fee shall be payable by you within 3 days after you receive the final invoice.
VTA reserves the right not to commence any work until the deposit has been paid in full. The deposit is not refundable if the Services has commences and you terminate the contract through no fault of ours. On completion of work you will have 3 days to settle the outstanding amount on the invoice. VTA reserves the right to suspend your services due to non-payment. Hosting fees and Monthly Website Design Fees are payable on the 1st of every month. Should you default on payment, you will be given a grace period of two weeks, should payment not be received after the two week period your website and emails will be suspended. VTA will not be held liable for any information lost in terms of website content or emails due to non-payment on your account. An amount of R500, as well as any outstanding fees, will be billed should you wish to re-activate your website and emails. In the event of a client having multiple websites on their account, non payment on one website will effect all websites associated with the account.
Contract length for Monthly Website Design packages is set at a minimum of 12 months. Should you wish to cancel the contract before the 12 month period has lapsed you will be liable for the total value of building the website. This fee will be determined according to the amount of months you have had the package active.
4. SUPPLY OF MATERIALS
You must supply all materials and information required by us 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. Any delay in supplying these materials may result in a delay in completion of the Services. In the event that you fail to supply any material which prevents the progress of the Services, VTA will invoice you for any part or parts of the Services already completed.
5. PROJECT DELAYS AND CLIENT LIABILITY
Any time frames or estimates that VTA may give are contingent upon your full co-operation and complete and final content in photography for the work pages. During development there is a certain amount of feedback required from you in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.
6. APPROVAL OF THE SERVICES
Upon completion of the Services, you will be notified as such and will be required to review the Services. You must notify VTA 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, a final invoice will be issued for the 50% balance of the project price,
7. REJECTED WORK
If you reject any of our work within the 3 day review period, or not approve subsequent work performed by VTA to remedy any points recorded as being unsatisfactory, and VTA, acting reasonably, consider that you have been unreasonable in any rejection of the work, VTA may proceed to request and recover payment for the completed of the Services.
8. WARRANTY BY YOU IN RESPECT OF INTELLECTUAL PROPERTY RIGHTS
You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks, or any other material that you supply to us to include in your website or web applications. You must indemnify us and hold us harmless for any damages, fines or claims made against third parties arising from your use of the above mentions material related to the content of your website.
Upon payment of all outstanding fees due by you, VTA will provide you with the website licence for the use the website and is related software and contents for the life of the website.
10. SEARCH ENGINES
VTA does not guarantee any specific position in search engine results for your website and performs basic search engine optimisation according to current best practice.
VTA shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of the Services, as well as arising from any cause whatsoever.
VTA may from time to time subcontract any Services as and when required.
VTA undertakes to ensure that all and any of your protectable interest will be kept confidential at all times.
14. ADDITIONAL EXPENSES
You agree to reimburse VTA for any additional expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, and fonts, web hosting or comparable expenses.
You are responsible for maintaining your own backups with respect to your website and VTA will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by VTA.
16. OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING
VTA will supply account credentials for domain name registration and/or web hosting to you that will be purchased on your behalf which costs form part of the fee.
17. GOVERNING LAW
This terms and conditions and any proposal will be construed according to and is governed by the laws of South Africa.
18. CROSS BROWSER COMPATIBILITY
By using current versions of well supported content management systems such as “WordPress”, VTA endeavours to ensure that the web sites created for you are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate VTA will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.
You 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 VTA and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.
20. Updates and Additions to Website
All updates and additions to your website performed by VTA will be done so on the basis of this terms and conditions. You are to email any required additions or updates for your website. You are entitled to additions to your website at no charge if you host your website with VTA. Alternatively you will be granted access to the backend of your WordPress website where you will be able to add, edit and delete information as you please. Please note that should you wish to access and edit your website by yourself, VTA will not be held liable for any deleted files, change of coding that could lead to poor functioning or non-functioning websites.
21. Black Friday Specials
Clients that acquire our services through a Black Friday promotion will receive 50% of our design services. The price of our hosting fees per month will remain the same unless stated.