Web Site Design and Development
Our business philosophy is to provide a great service to our Clients, and to be honest and professional in every aspect of our business. For this reason we place our trading Terms and Conditions where everyone can see them. It is mandatory that all Clients have read and agreed to the Terms & Conditions before signing up for service with WebWolf. By placing an order for our services you confirm that you are in agreement with and are bound by the terms and conditions below. We take a pride in our Client Service standards, which is very important to us. We will deal with all enquiries promptly, and we aim to exceed our Client’s expectations.
Web Site Design and Development
The following Terms and Conditions apply to all web site design and development services offered by WebWolf. By ordering services from WebWolf, you confirm that you are in agreement with and are bound by the Terms and Conditions below.
We reserve the right to reject requests to construct and host a web site which we may judge as unfit due to content or otherwise. This includes, but is not limited by, sites containing adult oriented material such as pornography, sites which promote hatred towards persons belonging to any ethnic group, religion or sexual orientation and sites which infringe copyright or are contrary to South African and International laws. Please review our Acceptable Use Policy with regards to Adult Content
- Quotations are valid for seven days (7 days). We reserves the right to alter or decline to provide a quotation after expiry of the seven days (7 days).
- Charges for web design work does not cover the release of source PSD or FLA files; if the Client requires these items then a separate quotation can be prepared.
- We are a small business and we are not registered for VAT.
Web Design / Development Agreements
We will carry out work only where an agreement is provided either by email, snail mail or fax. We provide services to clients who are 18 years of age or above. An ‘order’ is deemed to be a written contract between WebWolf Hosting & Design and the Client, this includes fax and email agreements.
Project Commencement Date / Website Development Cycle
- The Client’s approval for work to commence and the completion date shall be deemed a contractual agreement between the Client and WebWolf Hosting.
- NOTE: Approval for the work to commence and payment of the advance fee indicates that the Client accepts the terms and conditions outlined in this document. WebWolf Hosting cannot always guarantee to start work immediately on a design project but will arrange a date with the Client as to when work can commence.
- A good website is created from good communication. The website will become your image to the outside world, and will communicate your ideas to potential, new and existing Clients. It is important that you communicate your ideas to us clearly, concisely, and in a timely manner. It is important that you proof-read each WebPage as it is completed. The target completion date is a mutually agreed date for completion of the website. As we approach the target completion date (typically within 3 weeks – this may vary on the project undertaken) our time will usually be allocated to your website (where appropriate we will advise you of a mutually agreed schedule that allocates time when we will be creating your website). It is important that you ensure that you devote some of your time to the project to produce initial information, review progress, and thus ensure that the project proceeds unimpeded.
- In the event that we are prevented from progressing with the creation of the website because we are waiting on responses from you, we reserve the right to impose a daily ‘waiting charge’ of R150.00/day. Such charges will be charged to your account after 2(two) working days have lapsed.
- If it is necessary, the Client agrees to delegate a single individual as ‘first-point-of-call’ to aid WebWolf Hosting with the progressing of the project in a satisfactory and expedient manner.
Failure to Provide Required Website Content:
- We are a small business. To remain efficient we must ensure that work we have commissioned to carry out is completed at the scheduled time. On occasions we may have to reject other work and enquiries 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. All such information is required to be free of errors. We reserve the right to charge additional fees if we have added the requested information and have had to on two or more occassions changed any of the provided information which was provided. On any occasion where we cannot progress on your website because you have not provided the required information when you have agreed to do so, and we are delayed as result, we reserve the right to impose a curtailment fee equivalent to R2000.00 and may requote you for the completion of the remainder of work to be carried out.
- Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so. Also, if your job involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently.
Web Site Content
All material, both text and images, supplied by the Client and used in the construction of the Client’s web site, will remain the Client’s property. All such material will be assumed to be the property of the Client and free for us to use without fear of breach of copyright laws. If you, the client does not have access to relevant text and/or images required to construct your site and we have to source such information and images, we reserve the right to impose a sourcing fee to your account.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants WebWolf Hosting 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 WebWolf Hosting permission and rights for use of the same and agrees to indemnify and hold harmless WebWolf Hosting from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for Web site design and/or placement shall be regarded as a guarantee by the Client to WebWolf Hosting that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested by WebWolf Hosting.
Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Customer in electronic format (ASCII text files delivered on disk or via e-mail or FTP) and that all photographs and other graphics will be provided electronically in .GIF, .JPEG, .PNG, .EPS, .PSD or .AI format. Images that are provided may be re-sized to fit, but any additional image manipulation or sourcing of images will entail additional costs.
- WebWolf Hosting will provide the Client with an opportunity to review the appearance and content of the Web site during the design and once they are completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies WebWolf Hosting otherwise within five (5) days of the date the materials are made available to the Client. Site change requests submitted after the 5 days has expired will be subject to and/or charges for quotation.
- WebWolf Hosting reserves the right to alter prices at any time without notice. If a Client has commissioned any services from WebWolf Hosting prior to a change in prices, that commission will not be subject to any increase, but any subsequent commission may be subject to an increase.
Web Site Design Cancellation Policy
In the event that a Client accepts a quotation and within 7 days decides not to proceed with the website design, written notification of intent to cancel is required. A cancellation charge of R2000.00 will be charged (provided that work has not yet commenced on the website design). This charge covers consultation time/fees and and administration charges and sundries. Telephonic cancellations will not be honoured.
In the event that a Client cancels after 7 days, or if work has commenced on the website design, the full cost of the quotation is payable (although this will be subject to pro-rata adjustment dependant on how much of the website has been completed) and an early termination fee equivalent to R2000.00 will be levied. Waivering of this charge will be at our sole discretion.
Curtailment of a Website Design Agreement
It is usual for us to be able to complete a website within the time as specified in our quotation or as electronically agreed upon.
In the event that a Client accepts a quotation, and after 2 weeks has not provided sufficient information to commence work on the website, we reserve the right to charge a curtailment charge of R1 500.00 in order for the work to commence (provided that work has not yet commenced on the website design, or only minimal work has been instigated).
If, during the Website Development Cycle, the Client does not supply the content required in order to complete the project within the agreed time, WebWolf Hosting will consider that the Client wishes to cancel the project.
In the event that a curtailment invoice is issued then we reserve the right to issue a new quotation before proceeding with further work on the website. Payment received against curtailment invoices may be taken into account against future invoices but the decision of WebWolf Hosting on this matter will be final.
Non-payment, or late-payment of accounts
Our business is to provide Website Design facilities to other individuals and small businesses. We are a small company, and do not have a team of administrators to chase unpaid invoices. We are not able to withstand delays to payments, and do not have time to chase for late payments. Our low charges to you are only possible if we can maintain a balanced cash-flow. All invoices and accounts issued by us are due for immediate payment, unless otherwise agreed in writing.
Accounts unpaid seven (7) days from the date of invoice will be considered in default. If the Client in default maintains any information or files on WebWolf Hosting’s server, WebWolf Hosting will, at its discretion, remove all such material from its web space. WebWolf Hosting 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. Debit Orders returned for insufficient funds will be assessed a return charge will be charged in accordance with the Banks fees and the Clients’s account will immediately be considered to be in default until full payment is received. Customers with accounts in default agree to pay WebWolf Hosting reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by WebWolf Hosting in enforcing these Terms and Conditions.
We reserve the right:
- to make administration charges for any overdue accounts, and an administration charge of R10.00 will automatically be levied for each reminder letter, where an account is in arrears.
- to suspend a website if the hosting account, or any invoice due to WebWolf Hosting, is in arrears.
- to take legal proceedings through the courts to recover any unpaid debts, and to recover out-of-pocket expenses incurred through these proceedings.
- In the event that a website is suspended due to non-payment of invoices we reserve the right to:
- decline to provide further hosting services.
- charge a reactivation fee of R350.00 – payable before the website is reactivated.
WebWolf Hosting makes every effort to design pages which display acceptably in the most popular current browsers, Google Chrome, Internet Explorer, Opera and FireFox, but cannot accept responsibility for pages which do not display acceptably in new versions of browsers released after pages have been designed.
Search Engine Promotion
WebWolf Hosting are not responsible for the Client’s on-going web site promotion. Should the Client require the site to be promoted on an ongoing basis a separate contract must be agreed. The order in which websites are ranked in the natural search results is controlled by the search engines. While we can optimise your site for this we are unable to make any guarantees about the success of any search engine promotion activity WebWolf Hosting can accept no responsibility or liability if any search engine, online directory or search site, submitted to as part of a web site promotion commission, chooses not to list a Client’s web site.
Web Site Maintenance
WebWolf Hosting does not automatically undertake to maintain or update a Client’s website as part of the design project. If a Client wishes WebWolf Hosting to maintain or update a web site as a separate project, WebWolf Hosting will negotiate with the Client a maintenance contract appropriate to the amount of work required. Web site maintenance may also be undertaken on a time and materials basis if the Client so wishes.
Copyright, Trademarks, and Company Names
- We will usually place a copyright statement at the bottom of each webpage. To avoid any confusion, you the Client are the publisher of the website and own the copyright for all content published in your website, and we the designer are acting on your instructions in adding content to your website.
- By asking us to add material into your website you acknowledge that you have copyright of that material, or permission to use the material. All images used on websites designed by WebWolf Hosting are obtained from licensed sources, or are sourced as being free from copyright restrictions (unless the images are provided by our Client or created by WebWolf Hosting). It is the Clients responsibility to fully research their company name, and any content, logos, or trademarks, etc., used in the website.
- The Client also agrees as part of our terms and conditions to absolve & indemnify WebWolf Hosting of any liability in the use of any such content in the Clients website, and to assume full responsibility for any violations and legal actions which may arise at any time.
A link to WebWolf Hosting will appear in either small type or by a small graphic at the bottom of the Client’s Web site. If a graphic is used, it will be designed to fit in with the overall site design.
WebWolf Hosting 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.
Termination of Service
Termination of services by the Client must be requested in a written notice and will be effective 30 days after receipt of such notice. Telephone requests for termination of services will not be honoured until and unless confirmed by email or in writing.
This agreement supersedes any written, electronic, or oral communication you may have had with WebWolf Hosting or any agent or representative thereof, and constitutes the complete and total agreement between the parties.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
PLEASE REVIEW OUR OTHER POLICIES, POSTED ON THIS SITE. THESE POLICIES ALSO GOVERN YOUR VISIT TO WEBWOLF HOSTING. WE RESERVE THE RIGHT TO CHANGE OR MODIFY ANY OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT AT ANY TIME AND FROM TIME TO TIME AT OUR SOLE DISCRETION, AND TO DETERMINE WHETHER AND WHEN ANY SUCH CHANGES APPLY TO BOTH EXISTING OR FUTURE CUSTOMERS. WEBWOLF HOSTING MAY MAKE CHANGES OR MODIFICATIONS TO REFERENCED POLICIES AND GUIDELINES WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE SERVICES FOLLOWING WEBWOLF HOSTING POSTING OF ANY CHANGES OR MODIFICATIONS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF ANY OF THESE CONDITIONS SHALL BE DEEMED INVALID, VOID, OR FOR ANY REASON UNENFORCEABLE, THAT CONDITION SHALL BE DEEMED SEVERABLE AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING CONDITION.