The T‘s and the C’s:

Intro:

Here at WebAcumen we’ll always do our best to fulfill your needs and meet your expectations, but it’s important to have things written down so that both parties know what’s what, who should do what and when, and what will happen if something goes wrong. In our Terms and Conditions you won’t find any complicated legal terms or long passages of unreadable text as we have no desire to trick you into agreeing to something that you might later regret. What we do want is what’s best for both parties, now and in the future!

1. Design, Development, Hosting – so many terms!

First off, let’s get to know the meanings behind the words we are using:

Hosting – We host your website on our Majestic Servers – 99% uptime Guaranteed!
Secure browsing (SSL Certificate) – See the green padlock in the top left corner? It tells your visitors you are for real!
SEO (Search Engine) Optimized – Your website is optimized to place better in search results on search engines like Google, Bing etc.
WPO (Web Performance) Optimized – Your website is optimized to perform faster which also aids in rankings.
News Blog – Your website has the capability to post news articles; should you want to make use of the feature that is!
Email Box (100 accounts) – Need a new email? Just say the word – you have 100 email accounts!
Backups – We backup your data on daily basis to prevent loss.
Maintenance and Updates – We monitor your site and update code bases as they get released.
Security and Spam Prevention – We take special care to ensure the safety and integrity of your data!
Content Management – You get 1 Hour free per month to add, update or remove anything on your website – for free.

1.1 When it comes to Website/Application Design and Development:

If you do not already have a website and you are not currently in the process of transferring your hosting to us (like everyone else is because you get a *Free re/design when you do) it means you are hiring us, WebAcumen, to design and develop a Website/Application, for the estimated total price as outlined in the quotation provided. But of course it’s a little more complicated, but we’ll get to that…

1.1 So what does both parties agree to do?

You: You have the authority to enter into agreement on behalf of yourself, your company or your organisation. You’ll give us everything we need to complete the project as and when and in the format we need it. You’ll review our work, provide feedback and approval in a timely manner too. Deadlines work two ways, so you’ll also be bound by dates we set together. You also agree to stick to the payment schedule set out in the contract provided.

WebAcumen: We have the experience and ability to do everything we’ve agreed with you (as listed in the quotation provided) and will do it all in a professional and timely manner. We’ll endeavor to meet every deadline that’s set and on top of that we’ll maintain the confidentiality of everything you give us.

1.2 The use of 3rd Party Integration

Integration with 3rd party will be:
A. Completed by the party involved, in a timely manner.
B. Not be our, WebAcumen’s, responsibility before and/or after integration is completed.

2. Getting down to the nitty-gritty

2.1 Web Design

We create look-and-feel designs (known as responsive design) with flexible layouts that adapt to the capabilities of many devices and screen sizes. Your site will work on phones, tablets, laptops, desktop computers, smart televisions etc. with strong regard to user experience (UX) and user interface design (UI). You’ll have plenty of opportunities to review our work and provide feedback. We’ll share our project progress with you and have regular, possibly daily contact.

Textual Content: Any form of text:
We are not responsible for writing or inputting any text copy. You must provide us with company information, product descriptions, specification, prices etc. If you’d like us to write new content or input text for you, we can provide a separate estimate for that.

Visual Content: Photographs/Pictures(Vector or Raster):
You should supply graphic files in an editable, (preferably vector) digital format. If all else fails, PNG format should be fine. You should supply photographs in a high resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries. If you’d like us to search for photographs for you, we will not be held liable for any copyright issues that may arise from product
vendors etc.

2.2 Web Development

We develop dynamic (PHP) website/application types from HTML mark-up, CSS style sheets for styling and build on the open source WordPress Platform using both code and external plugins.

Browser testing:
Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device as lately even a fridge can provide access to the net – no really.

Desktop browser testing:
We test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Internet Explorer), Mozilla (Firefox) and Opera (Mini). We won’t test in other older browsers unless you specify otherwise. If you need an enhanced design for an older (out-dated) browser, we can provide a separate estimate for that, but what are the chances
someone still uses Windows 95 right?

Mobile browser testing:
Testing popular small-screen devices is essential in ensuring that a person’s experience of a design is appropriate to the capabilities of the device they’re using. We test our work on https://mobiletest.me, a site dedicated to mobile browser and responsive design testing and also using the DOM of the browser – technical stuff!

2.3 Technical support

If you hired us for just the design and development and you are not hosting with us as well, we don’t offer support for website issues like downtime, email or other services relating to hosting. If you require us to do so, additional charges will be involved, individually or by agreement. You may already have professional hosting and you might even manage that hosting in-house; if you do, great as that is the best way to go but if you don’t, we can set up an account for you at one of our preferred hosting providers, namely www.hetzner.co.za. or you can host with us, which means, you guessed it, a *Free re/design!

We can set up your site on a server, plus any statistics and reporting software such as Google Analytics. If you do not wish to have us maintain the site and server on monthly basis, then, the updates to, and management of that web server, content and everything that comes with it will be up to you!

3. Changes and revisions

We know from experience that fixed-price agreements are rarely beneficial to you, as they often limit you to your earliest ideas. We don’t want to limit your ability to change your mind. We are happy to be flexible… If you want to change your mind or add something new, that won’t be a problem as we’ll give you time; 14 days from the day the Website/Application has officially launched and the quoted amount for the project or agreement has been paid in full. This means any DESIGN changes are free for the trial period of 14 days. Design changes include layout, colors, photos and text. After the 14 day period has completed, a new estimate for the said work or monthly agreement can be made if not already agreed to.

1.2 When it comes to Hosting:

If you do in fact already have a website and you are currently in the process of transferring your hosting to us, you are one of our awesome customers to get a *Free re/design! Now that is great stuff! Again it’s a little more complicated, but we’ll explain as we go along.

4. Legal stuff

We can’t guarantee your website/server will always be online (managed by your chosen hosting provider or in-house or even by us), so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them. Any transactions done via payment systems and gateways, as mentioned in section 1.3 of the outline, is the sole responsibility of the 3rd party, the payment gateway service provider and yourselves. We will not be liable to them or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if they’ve advised us of them. Finally, if any provision of our terms and conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed serve-able from this agreement and shall not affect the validity and enforce-ability of any remaining provisions.

5. Copyrights and Free Re/Designs

First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves, or that you have permission to use them. Then, when final payment as quoted has cleared the copyright will be automatically assigned as follows:

You’ll own the visual elements that we create for the project. We’ll give you source files and finished files and you should keep them somewhere safe as we’re not required to keep a copy. You own all elements of text, images and data you provided, unless someone else owns them. We’ll own the unique combination of these elements that constitutes a complete design and we’ll sell it (the Website/Application as end product) to you, exclusively and in perpetuity for the project only, unless we agree otherwise. Simply put, you will have to buy the Website/Application that we designed and developed before you actually own it! The same is applied to *Free re/designs for our hosting deals; should you transfer your existing website to us, you become eligible for a free re/design of your website. You will however NOT OWN the website as the design belongs to WebAcumen unless it is sold to you and the amount quoted is paid in full. The design remains free for your use as long as you host with us and not cancel your hosting within 36 months of first invoice date. Thereafter and only after 36 months you will rightfully own the website and can be transferred to a host of your choice.

We love to show off our work and share what we’ve learned with other people, so we reserve the right, with your permission (except for *free re/designs) to display and link to your project and link to our website in the footer of your design as part of our portfolio and to write about it on websites, in magazine articles and in books. This will actually generate more traffic to your site – which can be turned into sales!

6. Payments

We’re sure you understand how important it is that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tight to our payment schedules as outlined in the agreement and provided below:

For Designs and Development without hosting:

50% Once off, strictly paid in full upon accepting the quotation. *before any work is done!

50% Once off, strictly paid in full upon launch. *when the Website/Application goes live!

For Designs and Development with hosting:

R 360 Once off (PER SITE), strictly paid in full upon accepting the quotation. *before the transfer is done!

R 360 Paid Monthly (PER SITE) by means of Stop Order. *For no less than 36 months in order to own the design.

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Continuous maintenance and development will be quoted at R350 per hour accordingly in the event that an agreement could not be met.

7. But where’s all the horrible small prints?

Just like a parking ticket, you can’t transfer our agreement to anyone else without our permission.  The Website/Application remains the intellectual property of WebAcumen until payment has been received in full as agreed, thus copyrights are only transferred upon receipt of the agreed payment in full while taking into consideration the type of agreement, be it a once off design or *Free Re/design. Should you be one of our awesome customers to receive a *Free re/design when hosting with us – a minimum of 36 months is required for the contract to be open to termination. Early cancellation will result in a penalty fee of R200 payable in full, once off upon cancelling and a quote will be provided to buy the design and transfer copyrights for you to legally own the Website/Application. Our agreement stays in place and need not be renewed. If for some reason one part of our agreement becomes invalid or unenforceable, the remaining parts of it remain in place. Although the language is simple, the intentions are serious and this agreement is a legal agreement.

Oh and don’t forget those men with big dogs!

The dotted line

Going into business with us; that is hosting with us, hiring us to design and/or develop your website or transferring your hosting to us for a *free re/redesign – means you agree to our terms and conditions.

Any form of communication used to achieve the outcome of payment for service, where you pay us for the service we provide to you, be that telephonically, social media, chat apps, email, or in person, irrespective of whether you have received a copy of the terms and conditions or read this page, means that you agree. The Terms and Conditions may change at any time, without notice.