WEBSITE DESIGN - TERMS AND CONDITIONS

  • GENERAL WEBSITE TERMS & CONDITIONS
    • Payment
      • The Website Proposal specifies the fees for the services as well as the payment terms that apply.
      • Annual price increase:
        • Our financial year runs from January 1 to December 31, and there will be a regular price increase on January 1 each year. The specifics of the increase will be communicated to our clients.
           
    • Website Design
      • During the design phase, the client is expected to collaborate with InDigita to achieve the outcomes defined and agreed upon in the Website Proposal.
      • In this regard, the client acknowledges that it is their responsibility to provide InDigita with all the images and written content necessary for the website’s design and development.
      • Additional resources, such as stock images, are frequently required throughout the design process; in this case, the client agrees that a price per picture will be applied to the final design fees and will be payable in addition to the scope as outlined above.
      • The client will be billed separately in this case, and payment must be made within 30 days of the invoice date.
         
    • Timelines
      • The costing and timing are based on the proposal’s deliverables. InDigita undertakes to utilise commercially reasonable efforts to achieve all project timelines and required delivery time frames if it is chosen to perform this website design and development service.
      • The client understands that these are simply estimates and should never be used as a promise of delivery, either directly or implicitly.
      • In this regard, the client accepts that InDigita is not accountable for any losses incurred as a result of project delays.
         
    • Website Footer
      • The client authorises InDigita to include a link to their website in accordance with the approved designs.
         
    • Browser Testing
      • Browser testing guarantees that a user’s experience of a design is acceptable for their browser or device’s capabilities.
      • We put our work through its paces in the most recent versions of major desktop browsers, including Apple’s Safari, Google’s Chrome, Microsoft’s Edge, Mozilla Firefox, and Opera.
      • Unless otherwise agreed upon, we will not test with other outdated browsers. InDigita can provide a separate quotation if the client demands an upgraded design for an older browser.
         
    • Mobile Browser Testing
      • Testing on popular smaller screen devices is critical for verifying that a user’s experience of a design is acceptable for the device’s capabilities.
      • We test our designs in:
        • iOS: Safari and Google Chrome
        • Android: Google Chrome
      • Unless otherwise agreed, we will not test in Opera Mini/Mobile, particular Android smartphones, or other mobile browsers. We can provide a separate estimate if you require us to test these.
         
    • Additional Services
      • Should the client choose to use InDigita for any extra services other than website designing, such as monthly website maintenance or website hosting, the client will be required to sign a separate proposal for these services.
         
    • Confidentiality
      • The quote and the Website Proposal both contain proprietary and secret information. Except in the context of its commercial operations with InDigita, the client agrees not to use or disclose any information included herein.
      • The client agrees to direct each of its employees not to divulge any information about the Website Proposal to anyone unless those issues are generally known to and/or available for use by the general public.
      • Without the prior consent of InDigita, the client further agrees not to reproduce or distribute any material included herein, nor to allow others to duplicate or disseminate it.
         
    • Amendment
      • InDigita can only amend or modify the Website Proposal with the client’s agreement. If both parties agree to amend a considerable amount of content in the Website Proposal, a new agreement will be drafted.
         
    • Legal
      • InDigita will complete our task in accordance with industry standards.
        • InDigita, on the other hand, cannot promise that our work will be error-free, and as a result, we cannot be held accountable to our client or any third-party for losses such as lost profits, lost savings, or other incidental, consequential, or special damages.
      • Your obligation to us shall be limited to the amounts due under this contract, and you will not be liable to us or any other party for any damages, including lost profits, lost savings, or other incidental, consequential, or special damages.
      • If any term of the Website Proposal is found to be unlawful, void, or unenforceable for any reason, that provision shall be deemed severable from the contract and shall have no bearing on the legality or enforceability of the remaining sections.
         
    • Termination
      • Both parties have the right to end the project at any time for any reason, and both parties must provide written notice of termination.
        • All cancellations must be sent to cancel@indigita.co.za in writing.
        • Terminations made over the phone will not be accepted.
      • InDigita will compute the time spent on the project upon termination and either repay the client or invoice the client for the time already spent.
         
    • Proposal Validity
      • The validity of this suggested offer, including the costing, is available for acceptance or dissent by the client for a period of 30 days from the day the Website Proposal was submitted to the client, notwithstanding anything to the contrary stated in the cost breakdown and/or the client’s specifications.
         
    • Governing Law
      • This proposal will be governed by the laws of the Republic of South Africa.
         
  • WEBSITE PAYMENT TERMS & CONDITIONS
    • All prices are VAT exlucded.
    • Following the acceptance of the Website Proposal, the client will receive a full invoice (100%).
      • At the start of the project, a 50% deposit is requested.
      • Unless the monthly payment option is selected, the remaining amount (50%) must be paid in full at the end of the project.
    • Should the client choose to go with the monthly payment option:
      • Re: Website Development
        • Once the Website Proposal is signed, InDigita will begin the billing cycle.
        • The cycle’s duration is specified on the cost breakdown page.
      • Re: Invoicing
        • On the 15th of each month, monthly invoices will be mailed.
           
  • WEBSITE MAINTENANCE TERMS & CONDITIONS
    • Where the Website Maintenance option is selected:
      • InDigita will take full responsibility for:
        • keeping the website and plugins up to date
        • keeping a backup of the website on a monthly basis
        • making changes where applicable
    • Should the client NOT select the Website Maintenance option:
      • InDigita will NOT take responsibility for:
        • keeping the website and plugins up to date
        • hacking attempts on the website
        • keeping a backup of the website on a monthly basis
        • making changes requested by the client
    • If the client requires/demands or has access to the following information, InDigita cannot be held liable for the client’s website:
      • MySQL Database details
      • KonsoleH or cPanel details
      • CMS (Content Management System) Admin details
         
         
    • Cancellation and Termination
      • If payment delays occur, InDigita reserves the right to suspend or discontinue maintenance services and/or other services.
      • A calendar months’ notice is required for cancellation of maintenance services, to be supplied in writing to cancel@indigita.co.za
      • Cancellations requested verbally will not be accepted.