Terms and Conditions
Service you can
Trust that Designed IT’s, trading as Edeals (Pty) Ltd, number one priority is to offer the Client a professional web service, which may include, but is not limited to web design, hosting, domain registration/renewal, maintenance, search engine optimization.
Authorisation
The Client authorises Designed IT 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.
Agreement
Scope Services supplied, costs and rates are limited to what is specifically set forth in the service package agreement. Any additional services will require an additional agreement. Our agreement is for the full package containing various services. Should the Client not utilise all services offered within the complete package, the Client will still be liable for the full payment for the complete package.
Costs and Fees
Changes and additions outside of the scope of this document will be quoted and invoiced to the Client. 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 Designed IT. 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 Clients’ delays, if the delays result in an increase in time to manage or deliver the services.
Payment
The Client agrees to pay Designed IT in accordance with the terms specified in each proposal/estimate. Payment will be due from the date of signing the agreement. If the Client fails to pay any invoice, Designed IT 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. In the event of cancellation of the project prior to completion, the Client will be liable for 1 month’s payment as per the 30 day cancellation notice.
Confidentiality
Designed IT 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 Designed IT is required to disclose by any law, or which becomes part of the public domain other than as the result of a breach by Designed IT of its obligations of confidence under this Agreement.
Outsourcing
If needed, Designed IT 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
Designed IT is confident that the Clients’ expectations will be exceeded and as such is notifying the Client that Designed IT reserves the right to use the Clients’ website, associated graphics and any unused ideas and development in the promotion of Designed IT services or any design competitions. Client agrees to allow Designed IT to retain a credit and link from the footer of the website.
Copyright
The Client is responsible for all trademark, service mark, copyright and patent infringement clearances. The Client is also responsible for arranging, prior to publication, any necessary legal clearance of materials Designed IT uses for this project. The Client indemnifies Designed IT 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.
Ownership / Project Copyright
Designed IT reserves all rights over working source files, databases and owns full ownership of the website and design. The Client will not have access to the Control Panel, Database or FTP, unless otherwise agreed to.
Open Source Software
Designed IT makes extensive use of open source software and components to supply websites and services to the Client. Designed IT will not charge additional licensing fees on open source software. The Client indemnifies Designed IT against any loss or damage arising directly or indirectly from any failure of software supplied to the Client. All software and components not developed by Designed IT retain the original license and terms associated with them. Designed IT cannot assign any rights to the Client and the Client agrees to be bound by the original Author’s terms.
Force Majeure
Designed IT shall not be deemed in breach of this Agreement if Designed IT is unable to complete the Services or any portion thereof by reason of fire, earthquake, labor dispute, act of God, death, illness or incapacity of Designed IT or any local, provincial, national or international law, governmental order or regulation or any other event beyond Designed IT’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, Designed IT 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 Designed IT are sold “as is.” In all circumstances, the maximum liability of its Designers, Directors, Officers, Employees, Design Agents and Affiliates (“Designed IT 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 Designed IT 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 Designed IT even if Designed IT has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy.
Termination / Cancellation
Designed IT may terminate this Agreement with immediate effect giving written notice to the other of such termination. The Client may terminate the agreement providing 30 days written notice. 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. The website files and database belongs to the client, expect for any Premium plugins that was added as part of our service will be removed if the client decide to move away from our hosting.
Domain Names
All domain names are legally owned by the Client. All domain name registrations are subject to availability and registration rules. Designed IT 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. Designed IT is an Accredited Registrar with the ZA Registry in South Africa. The Client indemnifies Designed IT against any loss or damage arising directly or indirectly from any failure of services related to domain renewals, registrations, domain name trademarks.
Hosting
Designed IT offers a managed Hosting Package as required for the clients project. The exact package required will determine the monthly cost. Due to website growth, disc space and an increase in traffic Designed IT will inform the client when the exact package required exceeds their current limits. The Client will be responsible for any over usage charged per GB for traffic and disc space. As Designed IT offers a managed hosting service, the Client will not have access to the control panel of the server. Designed IT will take no responsibility for emails that will be filtered as Spam. This is dependent on the email provider that receive any incoming mails. Designed IT may filter incoming email for unsolicited email (Spam), Virus and Malicious Code. This filtering will be done on a best effort basis without any warranty of any kind.
Browser Variance
Our websites are optimised for XHTML compliant browsers and adjusted to support the latest versions of Google Chrome, Mozilla Firefox & Internet Explorer (IE). We test using the browsers that are statistically the most commonly used. Layout and aesthetic elements may change or degrade in some browsers.
Colors
Website visitors use different monitors with different settings. Colors 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 Designed IT been completed, Designed IT 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, Designed IT agrees to carry out any necessary and reasonable modifications.
Client Responsibilities
If the Client or an agent of The Client other than Designed IT 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 Designed IT’s responsibility to carefully check for accuracy in all respects, ranging from spelling, technical illustrations and ensure an overall error free environment. However Designed IT is not liable for errors or omissions. The Client indemnifies Designed IT against any loss or damage arising directly or indirectly from any errors and omissions.
Updates/Changes
Designed IT offers Monthly Maintenance as set out in the service package agreement. Designed IT will ensure that any maintenance work is attended to within 48 working hours from date of receiving the instructions from the Client. The Client will be responsible for the cost of renewing or upgrading any existing Premium Plugins that already exist on the website if any. Any new Premium Plugins which will be required, will first be discussed with the Client.
Copy
All text must be supplied in digital format that can be copied and pasted. Designed IT 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.
Branding
All logos and branding must be provided in an industry standard vector format.
Fraud/Scam
Should there be any allegations against the Client regarding illegal activity on the website eg, using the website to scam users/ fraud clients, Designed IT will have the right to terminate the website with immediate effect. It is the Client’s responsibility to provide Designed IT with proof that such allegations are false, before the website will be activated again.
Emails & Spam
While hosting with Designed IT on servers, the below information is effective and the Acceptable Use Policy needs to be followed at all times. Failure to follow the Acceptable Use Policy could result in a first and final warning, or immediate termination of hosting, website and email services, without notice.