Website Design and Marketing Disclaimer
Stephan Uys Trading As DNS Enterprises
These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Use of my services constitutes acceptance of these Terms and Conditions.
A – LIMITED LIABILITY : Stephan Uys Trading as DNS Enterprises is without liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, virus, delay in operation or transmission, inaccurate information, communications line failure, theft or destruction of or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
Should any provision of this agreement be held to be illegal, invalid, or unenforceable by a court law, the legality, validity and enforceability of the remaining provisions of this agreement shall remain unaffected thereby unless otherwise stated.
Stephan Uys Trading As DNS Enterprises also disclaims any warranty of merchantability or fitness for a particular purpose. Stephan Uys Trading As DNS Enterprises will not be responsible for any damage suffered. This includes loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions caused by Stephan Uys Trading As DNS Enterprises (or visitors, members, contributors or others) negligence, errors or omissions.
B – GRAPHICS IMAGES AND MATERIALS : All graphics and text are to be supplied by the client in electronic format. Illustrations and photographs must be in Jpeg format.
DNS Enterprises cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
NOTE: Should the client not supply DNS Enterprises with the above information in electronic format, our standard hourly rate of R330/hour will be charged in addition to the design fee for drafting of text on website pages. Scanning of graphics will be charged at an additional R20 per scan. The rate of R330/hour would also be charged in addition to the quoted price where the client requests Flash graphics, as these are very labour intensive to create. A separate quote would be given in such cases.
C – THE DESIGN POROCESS : Note, the design process can only start once ALL the information / text / images have been supplied by the client. The design process entails the following:
- Client supplies all text / information / photos / logos and branding colours to be used.
- DNS Enterprises invoices client for 50% deposit
- The client accepts the proposal and pays the 50% deposit into DNS Enterprises’s bank account.
- DNS Enterprises prepares design draft based on materials supplied in step one.
- The client is notified and a process of reciprocal information flow follows in order to get the design and layout of the template as per the client’s specifications. The first step is to get the design and layout finalized before continuing with the rest of the website. Only 1 page is presented to the client as a design draft concept.
- The price as quoted on the proposal includes only the first draft and 2 further drafts or changes. It is thus important that the client gives DNS Enterprises as much information as possible with regard to colour schemes and layout.
- Once the client has given final written approval of the design and layout, the rest of the website is finalized by including the correct text as well as any additional photographs and/or graphics – as supplied by the client.
- The completed website is then submitted to the client where after, the client is again expected to approve the final website in writing, indicating the end of the design process.
- Upon completion of the design process, the client pays over to DNS Enterprises the outstanding amount as per the proposal or as agreed upon in writing.
- Once DNS Enterprises has received the final amount, the website shall be launched on the Internet.
- After this, DNS Enterprises shall give the client a further 3 Month period, referred to as a ‘fine tuning” period, in which to iron out any possible problems with the website. This includes correction of links not working and any other technical errors. It excludes changes to the design. Design changes will be carried out at an additional cost of R330/hour.
- After the 3 month period, DNS Enterprises shall carry out website maintenance at R330/hour. This will be charged on half hour increments after a full hour’s work has been carried out and the client shall be kept updated of this.
- DNS Enterprises shall supply the client with the correct invoices for all payments made.
- NOTE – changes to the design and layout ordered after the client has approved, in writing, the design and layout shall be charged at an additional rate of R330/hour.
D – YOUR PRIVACY : We do not share or sell any of your details with any third parties.
E- PAYMENTS OF ACCOUNTS :
NOTE : I work very fast and deliver a 5 – 8 page website within 7 working days. Some clients take months to even years to respond on feedback requests and have forced me to change my payment terms as follows:
- A deposit is required from any new client before any work is carried out.
- The balance is payable upon delivery of website or within 30 days of the deposit payment, whichever comes first.
- If the balance is not received before 30 days the deposit is forfeited.
- If you still want your website after 30 days of this invoice you will be required to make full payment on the total invoiced i.e. Deposit + Balance.
- If accounts are not settled or DNS Enterprises have not been contacted regarding the delay, access to the related website may be denied and web pages removed, and the client held liable for the total amount invoiced, you will lose your deposit. We will then pass such cases to the Small Claims Court or our Lawyers to pursue payment. Non payment can result in court judgements being added to the clients credit rating.
- The website, graphics and any programming code remain the property of DNS Enterprises until all outstanding accounts are paid in full.
- Refunds are given at SOLE DISCRETION of DNS Enterprises.
- Hosting And Domain Payments : Please Note there is a R190 re-activation fee should your domain and hosting expire. There is a R450 re-activation fee should your domain and hosting enter the domain deletion phase.
F- WEBSITE HOSTING : Whilst DNS Enterprises uses a third party hosting company to host websites, no guarantees can be made as to the availability or interruption of this service by DNS Enterprises cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.
G – SEARCH ENGINE OPTIMISATION / MARKETING / RANKING : Search Engine Optimization is an on-going process that involves a variety of important aspects. Whilst customers are guaranteed a properly optimized website (phase 1) as well as our very best service and advice, Stephan Uys Trading As DNS Enterprises cannot guarantee rankings and/or results as we do not exercise continuous control over the actions of neither customers nor the search engines.
H – MEETINGS : Quotations will be done via email, I do not do meetings for websites under R5000. In the time we have arranged and held our meeting I could have finished your project already. If you require a meeting with me and your quoted website is under R5000 it will be @ my hourly rate.
I – FREE 3 MONTH GUARANTEE : I will correct any errors to the design, content, visual effects and programming of your website for three months after launch of your website to ensure your website is working 100% the way it should be. This is to ensure your satisfaction with the final result and to ensure everything is working as per original specification.
Any alterations or additions and changes to the website design or content other than corrections will be billed for.
This guarantee only includes website design packages and not marketing packages, search engine optimisation and linking. I cannot guarantee results for search engine rankings as I and all webmasters in the world are 100% at the mercy of the Search Engines such as Yahoo, Google and MSN. They can change their algorithms at any time and with it your rankings.