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Project Visual SA

Project Visual SA Services Agreement

This Services Agreement (the “Agreement”) contains the complete terms and conditions which govern your subscription of Website Design, Development and other Internet-related services provided by Project Visual SA (the “Services”). As used in this Agreement, “Project Visual SA” means Project Visual SA and “Client”, “you”, or “your” means you. You acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the Project Visual SA site. As referred to in this Agreement, “Site” refers to a World Wide Web site and “Project Visual SA” refers to the Site located at the URL https://www.projectvisual.co.za or any other successor Sites owned or maintained by Project Visual SA.

The following terms and conditions apply to all website development/design services provided by Project Visual SA to the Client.

Acceptance 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 Charges for services to be provided by Project Visual SA are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 21 days. Project Visual SA reserves the right to alter or decline to provide a quotation after the expiry of the 21 days.

Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before we can proceed with the services. The remaining fifty (50) percent of the project quotation total is due upon completion of the work, prior to upload to the server or release of materials. The Client then has 7 days to make the remaining payment after the website is approved by both parties.

Client Review Project Visual SA 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 Project Visual SA within three (3) days of the date the materials are made available to the Client. The client will receive one revision upon completion of the website. This means the client has one opportunity to review the site and give feedback in one email, Word document. If the client sends another revision after the first one, the client will be charged for an extra revision.

Turnaround Time and Content Control Project Visual SA will install and publicly post or supply the Client’s website by the date specified in the project proposal or at the date agreed with the Client upon Project Visual SA receiving initial payment, unless a delay is specifically requested by the Client and agreed by Project Visual SA. The turnaround time for websites can range from 7 – 14 working days, unless specified otherwise.

In return, the Client agrees to delegate a single individual as a primary contact to aid Project Visual SA with progressing the commission in a satisfactory and expedient manner.

During the project, Project Visual SA will require the Client to provide website content; text, images, movies, and sound files, and more.

Failure to Provide Required Website Content Project Visual SA is a small business; to remain efficient we must ensure that work we have designed is carried out at the scheduled time. On occasions we may have to reject offers for 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. 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 a result, we reserve the right to impose a surcharge.

If you agree to provide us with the required information and subsequently fail to do so within 1 week of project commencement, we reserve the right to close the project and the balance remaining becomes payable immediately.

Payment Invoices will be provided by Project Visual SA 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.

Additional Expenses The client agrees to reimburse Project Visual SA for any additional expenses necessary for the completion of the work. Examples would be the purchase of special fonts, stock photography, plugins, etc.

Website Hosting and Domain Renewal Some of our Web Design Packages include 1 year of domain registration and Hosting. This amount can range from R650 per year upwards. This all depends on our hosting inflation per year. And there might be an increase of 10% per year on your hosting. The customer will be given a month’s notice before his/her domain is ready for renewal. The client then has 14 days to make the payment; otherwise, the website will be put on hold until payment has been received. We make use of dedicated servers to keep all our client’s websites online and functional.

Web Browsers Project Visual SA 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, Internet Explorer, Google Chrome, etc.). The Client agrees that Project Visual SA cannot guarantee correct functionality with all browser software across different operating systems.

Project Visual SA cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website has been designed and handed over to the Client. As such, Project Visual SA reserves the right to quote for any work involved in changing the website design or website content for it to work with updated browser software.

Default Accounts unpaid (30) days after the due date of invoice will be considered in default. If the Client in default maintains any information or files on Project Visual SA Web space, Project Visual SA will, at its discretion, remove all such material from its web space. Project Visual SA 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 result in the Client’s account being immediately considered to be in default until full payment is received. Clients with accounts in default agree to pay Project Visual SA reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Project Visual SA in enforcing these Terms and Conditions.

Termination Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. Telephone requests for termination of services will not be honored until and unless confirmed in writing. The Client will be invoiced for work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

Project Visual SA has the full right to terminate your website and remove it from our servers if the final payment has not been received a month after the due date. And Project Visual SA is able to open a case from Small Claims court for outstanding payments.

Indemnity All Project Visual SA services may be used for lawful purposes only. You agree to indemnify and hold Project Visual SA harmless from any claims resulting from your use of our service that damages you or any other party.

Copyright The Client retains the copyright to data, files, and graphic logos provided by the Client and grants Project Visual SA 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 Project Visual SA permission and rights for use of the same and agrees to indemnify and hold harmless Project Visual SA 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 Project Visual SA that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

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 thumb drive, CD 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 Project Visual SA 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.

Design Credit A link to Project Visual SA 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. The Client also agrees that the website developed for the Client may be presented in Project Visual SA’s portfolio.

Access Requirements If the Client’s website is to be installed on a third-party server, Project Visual SA must be granted temporary read/write access to the Client’s storage directories which must be accessible via Cpanel. Depending on the specific nature of the project, other resources might also need to be configured on the server.

Post-Placement Alterations Project Visual SA 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.

General These Terms and Conditions supersede all previous representations, understandings, or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.

Governing Law This Agreement shall be governed by South African Law.

Liability Project Visual SA 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 Project Visual SA 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.

Severability 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.

Refund Policy Project Visual SA strives to deliver the highest quality products for our clients. If you at any time in development are not satisfied, you can ask for a refund. In this case, any client who is not satisfied with our services can request a refund within 30 days from the date of the first installment. The refund will be made after deducting the service tax and the hourly charges for the work completed by us. No refund will be given if:

  • You have already approved the design mockup. This condition will not apply if we are unable to complete the project as per the project’s specifications.
  • The project delays are caused by lack of communication from your end.

You are entitled to get a 100% refund of the upfront payment you made (if any) in the event of:

  • We didn’t start your project at all or we’re unable to start soon.
  • We are unable to complete the project as per the project’s specifications.