Our Standard Terms and Conditions
These are our Standard Terms and Conditions used for Custom Design Websites.
The above-named Client (hereinafter referred to as "Client") is engaging CMS Website as an independent contractor for the specific purpose of designing a World Wide Web site, herein after referred to as "Web Design Project", to be published, for the Client's account, on an Internet Service Provider (ISP) computer, hereinafter referred to as "Hosting Service".
The Client hereby authorizes CMS Website, and accepts that CMS Website and its staff, will have full access to the website Server Hosting account, and any other programs needed for this Web Design Project that are included as part of the Client's service agreement/level.
The Client also authorizes CMS Website to submit the completed Web Design Project to major Web Search Engines.
2. Required Hosting Protocols
CMS Website requires that the website hosting account supports PHP programming, and has at least one MySQL database. Should your website host not be able to offer these, CMS Website is able to provide hosting – the costs of which do not form a part of this quotation.
Compatibility - Designing a web site to fully work in multiple browsers (and browser versions) can require considerable, extra effort. It could also involve creating multiple versions of code/pages. CMS Website represents and warrants that the web site we design for you will work in:
• Microsoft® Internet Explorer versions 8 and up
• Opera version 9 and up
• Mozilla Firefox version 3.0 and up
• Google Chrome, all versions
While CMS Website will make all reasonable efforts to design a fully-functional web site, CMS Website's warranty does not cover text-based browsers, or requested special effects that we have advised against.
For People with Disabilities – CMS Website standard is to meet as many of the currently recommended guidelines for web site development as possible.
Without sacrificing quality and design, we try to ensure that the content and functions we build into our web sites are available to all visitors.
4. Assignment of Web Design Project.
CMS Website reserves the right, and the Client hereby agrees, to assign subcontractors to this Web Design Project to ensure that the terms of this agreement are met.
5. Copyrights and Trademarks.
The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to CMS Website for inclusion in the Web Design Project are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend CMS Website and its subcontractors from any liability (including attorney's fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.
6. Web Site Maintenance.
This agreement makes no provision for permanent or ongoing website maintenance. Should this service be required it will form a separate quotation, with attached Terms and Conditions.
7. Web Site Alterations.
This agreement allows for web site alterations for one week from the day it is loaded to the Hosting Service domain servers, at no additional charge.
The alteration period begins on the date the Client's web site is available on the Client's Hosting Service.
This alteration clause will only apply to websites uploaded to the domain server by CMS Website.
This alteration clause does not include replacing nearly all the text from a page with new text, major page reconstruction, new pages, guest books, discussion webs, navigation structure changes or attempted updates by Client.
Major page code and/or graphics changes and additions will be charged at R250.00 per hour. (Notice: This rate is subject to change at any time.) All payments, regardless of amount, must be made within 2 days of the date of the Invoice.
The submission of the Web Design Project to Web search engines and updating as required within the initial 7 day period will only occur after the full final payment is made.
8. Completion Date.
CMS Website and the Client agree as to the importance of working together to complete the Web Design Project in a timely and satisfactory manner.
CMS Website agrees to work expeditiously to complete the Web Design Project no later than 14 days after Client has submitted all necessary materials. If the Client does not supply CMS Website with complete text and graphics content for this Web Design Project within 28 days of the effective date of this agreement, the entire deposit amount of the agreement shall be retained by CMS Website as liquidated damages and the contract shall become null and void, at CMS Website's option, unless the Web Design Project is canceled in writing by the Client prior to 7 days of the effective date of the agreement.
9. Project Delivery.
The final web site design project will be published to the Client's hosting service upon receipt of full payment, or, if requested, delivered via disk upon the receipt of full payment.
Should the client not make use of the hosting services provided by CMS Website, the Client agrees to select a hosting service which supports the programming protocols required to support the website design, and allows CMS Website full access to the Client's account via FTP (File Transfer Protocol)and any other dedicated access portal.
The Client will be solely responsible for any and all hosting service charges.
10. Electronic Commerce Laws.
The Client agrees that the Client is solely responsible for complying with any laws, taxes, and tariffs applicable in any way to the Web Design Project or any other services contemplated herein, and will hold harmless, protect, and defend CMS Website and its subcontractors from any claim, suit, penalty, tax, fine, penalty, or tariff arising from the Client's exercise of Internet electronic commerce and/or any failure to comply with any such laws, taxes, and tariffs.
11. Web Design Project Copyright.
Copyright to unique coding of the finished web design site produced by CMS Website will be owned by CMS Website.
The Client will be assigned rights to use the Web Design Project as a web site, once final payment under this agreement and any additional charges incurred have been paid.
Rights to photos, graphics, source code, work-up files, and computer programs specifically are not transferred to the Client, and remain the property of their respective owners.
CMS Website and its subcontractors retain the right to display graphics and other Web Design elements as examples of their work in their respective portfolios.
All Web Design Projects will contain a link to the CMS Website Services Web Site.
Payments must be made promptly based on the terms of this Web Site Design Project.
CMS Website reserves the right to remove any Web Design Project from viewing on the Internet until full payment is made.
All payments are to be made within 2 days after completion and approval of the Web Design Project by the Client.
In case collection proves necessary, the Client agrees to pay all fees (including all attorney's fees and court costs) incurred by that process. This agreement becomes effective only when agreed to by CMS Website.
Regardless of the place of signing of this agreement, the Client agrees that for purposes of venue, this agreement was entered into in East London, South Africa, and any dispute will be litigated or arbitrated in East London, South Africa and the Client hereby consents to the personal jurisdiction of the East London Courts. Furthermore, the Client waives any right to or claim of sovereign immunity.
13. Payment Schedule.
Payment for services provided hereby shall be made in accordance with the conditions contained in this contract and the Package Price, attached hereto and made a part of this agreement hereof.
Notwithstanding any prices listed in literature or on Web pages, the Client and CMS Website agree that the services described in this contract, and the Package Price, shall be completed for R2400. The Client agrees to pay to CMS Website an initial, non-refundable deposit of R1200 upon execution of this agreement.
Interim payments equal to 50% of the remaining balance may be requested by CMS Website, at their discretion, and dependant on the time duration of the Project.
Final payment of the outstanding amount is due within 2 days of the date on the final invoice, prior to publication and/or delivery of the Web Site Design Project.
All payment amounts must be in ZA Rands.
14. Legal Notice.
Notwithstanding anything to the contrary contained in this contract, neither CMS Website nor any of its employees or agents warrants that the functions contained in the Web Design Project will be uninterrupted or error-free.
The entire risk as to the quality and performance of the Web Design Project is with the Client.
In no event will CMS Website be liable to the Client, or any third party, for any damages, including, but not limited to, service interruptions caused by Acts of God, the Hosting Service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate this Web Design Project, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, you or your site visitor's computer or Internet software, even if CMS Website has been advised of the possibility of such damages.
15. This Agreement.
This agreement constitutes the sole agreement between CMS Website and the Client regarding this Web Design Project.
Any additional work not specified in this contract, the preceding quotation, or any other amendment or modification to this contract must be authorized by a written request approved of by both the Client and CMS Website.
All prices specified in this contract will be honored for 2 months after both parties agree to this contract. Continued services after that time will require a new agreement.
The Client hereby agrees to the terms, conditions and stipulations of this agreement on behalf of his or her organization or business.
This Agreement constitutes the entire understanding of the parties. Any changes or modifications hereto must be in writing and signed by both parties.
To indicate Agreement and Acceptance of this Quotation, and the Terms and Conditions relevant to the Quotation it is required of the Client to indicate such acceptance and agreement by informing CMS Website that the Quotation is acceptable.
This action will serve as acceptance of this document in its entirety.