TERMS AND CONDITIONS
The terms and conditions set forth herein shall apply to all transactions for the supply of service entered into between Striking Designs and the purchaser / client being any legal person, firm, partnership, close corporation or company.
- All required content should be supplied by the client in electronic format. Illustrations and photographs must be in .JPEG format and graphic design components such as logos must be made available in .PNG format as well as in .JPEG format. All packages include the sourcing of basic images for the Look and Feel of the website design but otherwise all additional information such as content and images specifically pertaining to the business being marketed MUST be supplied by the client. SCRIPTWRITING IS NOT INCLUDED in the packages and will be charged for additionally.
- All correspondence between the Client and Striking Designs must be communicated via E-Mail. The purpose of this is to ensure the correct compliance with the Client’s instructions for the layout and adding of content to the website. No responsibility will be taken for instructions communicated via SMS and telephonically and any changes arising out of such a dispute (other than that communicated via email) will be charged for additionally over and above the listed and invoiced package being offered. This is not only to protect Striking Designs, but also in the best interests of the Client to ensure optimal delivery of service and a finished product of which the client will be satisfied with.
- Once delivery has taken place (client will be notified via email) of the finished product, the Client then has a MAXIMUM of 5 working days in which to make amendments and/or add and/or remove content on their website. It is unreasonable to expect Striking Designs to make changes at no additional cost two months later.
- The sourcing of content pertaining to the setup of E-Commerce websites e.g. the sourcing of product information from a third party supplier i.e. if the client is an authorised reseller, stockist, or distributor, must be supplied by the client in JPEG and / or PDF form to the company – this can be done on your behalf WITH THE AUTHORISATION OF THE PRODUCT SUPPLIER, but will be an additionally cost incurred to the client unless otherwise agreed to beforehand in writing.
- Striking Designs cannot take responsibility for any copyright infringements caused by materials that have been submitted by the Client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given by the Copyright Holder to make use of such material.
- Striking Designs herewith undertakes to not share any of The Client's details, unless authorised by the Client in writing or in electronic format (email correspondence), with Third Party Companies.
- After acceptance of quotation and payment of Invoice thereafter, NO ORDER may be cancelled, in whole or in part, or varied in any other manner whatsoever, unless confirmed in writing by Striking Designs. If work has commenced on the website design and layout, e.g. content drafting etc. Then should the client wish to cancel his or her order, then monies refunded will be less the deducted amount for labour incurred on the website at R250.00 per hour.
- Payment shall be IN FULL, in the form of South African currency and payment will only be accepted by Direct Bank Deposit (with proof of payment supplied to Striking Designs) and Electronic Funds Transfer (EFT) to the Striking Designs bank account (with proof and clearance of payment reflecting in the bank account).
- The Client agrees and undertakes to notify Striking Designs of any material change of or concerning the Client, including any change of ownership, shareholding, status, name and address.
- Any work that falls outside of the scope of the defined product or service will be charged at an additional tariff of R250.00 / hour or a part thereof.
- All work remains the property of Striking Designs until the agreed upon amount has been paid in full!
- Time shall not be of the essence in the contract, for the following reasons:
- Work on your website shall only commence once the following 3 conditions have been met:
- Payment in FULL for the invoice has taken place; and
- The Debit order authorisation form permitting the monthly deductions for hosting as well as for the registration of the domain has been returned to Striking Designs for submission to Head Office on the Clients’ behalf; and
- MOST IMPORTANTLY, all content and design briefs have been completed by the client and forwarded to (and received by) the Company.
- Any time or date specified for the delivery of the service / product by Striking Designs to the Client, in respect of any sale, shall be approximation and guide only.
- Striking Designs endeavours to effect delivery on any date specified by it or agreed upon by it, but does not give any warranties of whatsoever kind or nature and it shall not be held responsible for any damages of whatsoever nature, or loss of profit, or any consequential or indirect damages which the Client may suffer as a result of such a late delivery.
- FORCE MAJEURE: if the agreement becomes wholly or partially impossible to perform due to causes beyond the control of Striking Designs, such causes to include, but not to be limited to; war, civil insurrection, vis major, government action and industrial disputes, Striking Designs shall be permitted to rescind its agreement at its discretion. If delivery of services and / or products shall be delayed as a result of such causes, Striking Designs shall not be construed as being in breach of such contract.
- WEB HOSTING: Whilst Striking Designs uses a third party, namely KwikWap / Kwikweb, to host websites, no guarantees can be made to the availability or interruption of this service by Striking Designs. Striking Designs cannot accept liability for losses caused by unavailability, malfunction or interruption of this service, or for loss of turnover, sales, profits or indirect, consequential or special loss.
- SEARCH ENGINE OPTIMISATION / MARKETING / RANKING: Search Engine Optimisation is an ongoing process that involves a variety of important aspects. Whilst customers are guaranteed a properly optimised website, as well as our very best service and advice, Striking Designs cannot guarantee rankings and/or results as we do not exercise continuous control over the actions of neither the Client nor the Search Engines. We are a WEB DESIGN CONSULTANCY specialising in the field of effective, attractive and functional and practical web design with the usage of a Content Management System. WE ARE NOT SPECIALISTS IN YOUR AREA OF EXPERTISE / INDUSTRY so it will be expected for the client the corroborate with Striking Designs in the successful setup of Search Engine Optimisation Listings as well as the client’s assistance with the setup of all additional advanced online marketing campaigns to ensure the Client’s satisfaction and return on investment.
- WEBSITE MAINTENANCE: Maintenance Contracts are recommended for clients whom do not have the necessary time required to fully maintain their own content and website functionality. The commitment to such a maintenance contract is entirely at the discretion of the Client, and is not mandatory- but t maintenance contracts are fixed at a monthly rate which includes the maintenance of content and physical changes of the materialistic content within the site as well as the addition of data, images, categories, pages (dependent on the agreed package taken by The Client). Clients opting to not make use of the monthly maintenance contract will be quoted for at a minimum charge of R250.00 per maintenance session. So it is hereby recommended to make use of the maintenance option which not only guarantees the consistent maintenance of the materialistic content of the website, but also the elimination of aggravation by the client caused by the necessary time required to carry out such repetitive work. In the event that clients DO NOT ELECT to consider a maintenance contract with The Company, Striking Designs is herewith exempt from all possible design and content alteration that may take place by the customer. Striking Designs can NOT be held accountable for the replacement and re-design of the required components and any such work shall be invoiced for at a minimum of R250.00 / hour. A Maintenance contracts DOES NOT include the re-design of the website on a continual basis. The alteration of the Look and Feel will be quoted for and invoiced additionally over and above the required maintenance agreement.
- CANCELLATION OF HOSTING / TRANSFER OF DOMAIN: It is very important for The Client to understand that your website is built entirely on the Kwikweb Content Management System Software, and in order to facilitate the updating of the content of your website as well as the design of the website, this would HAVE TO BE DONE entirely through the Content Management system owned entirely by Kwikweb / Kwikwap Mobile. Should The Client wish to terminate and move his / her website to the hosting services of another organisation, then access to the Content Management System will be lost, as well as all of the content that has been added to the website designed with the utilisation of the Kwikweb / Kwikwap Technology. The Client will still be able to transfer his / her domain, as The Client is the outright legal owner of this domain extension, but all content will be lost and the website will then have to be re-designed AT THE COST OF THE CLIENT. In other words – If you leave, then you lose your current website design and content. All content sourced and compiled by Striking Designs REMAINS THE PROPERTY of Striking Designs as such said content is to be sourced solely for the utilisation of the compilation of an effective and professional website that is to be hosted on the Kwikweb Servers.
PLEASE NOTE: THE FULL AMOUNT QUOTED FOR / INVOICED PERTAINING TO ANY ORDERS IS PAYABLE IN ADVANCE, IN FULL. WE NO LONGER OPERATE ON A DEPOSIT BASIS WITH A PAYABLE BALANCE DUE TO OUSTANDING INVOICES THAT ARE LEFT UNPAID. WE APOLOGISE FOR ANY INCONVENIENCE.
A KWIKWAP CLIENT HAS THE FOLLOWING RIGHTS:
- To be helped by a Kwikwap Consultant to set-up a website framework and a basic website design.
- The set-up may or may not happen in front of the client.
- Set-up fees are non-refundable and are a contract between the client and the Consultant.
- The following work is not necessarily included in the standard services (and may attract additional charges): photography, scriptwriting, advanced graphic designing and excessive travelling (+/- more than 50km).
- If the website was not setup in the presence of the client, then the client may demand telephonic, Team viewer, Skype or email support until the client understands the system. The Consultant may refer to written or video instructions.
- A client has a maximum of 30 days in which to supply the material where after the Consultant may charge extra to load information / material.
- If a client's website is closed due to non-payment, it is the client's responsibility to inform Kwikwap that the outstanding balance has been paid and that the website must be switched on again. Clients will not receive credits for the time that the website was off the air.
- If the client has an existing domain (that needs to be transferred to Kwikwap), it is up to the client to give notice at his current host. The client starts paying for his chosen product level, from the moment he signs on (or at least from the next debit order run) regardless whether the domain transfer has taken place. This is due to the fact that the transfer relies on the client giving notice at their current host and them accepting the ticket and these factors are outside of our control.
This Client Charter is subject to change. The "live" version in the Kwikwap management portal will be used if and when a dispute arises.
The Kwikwap Support channels work as follows (in order of preference):
- Phone (or email) your Kwikwap Consultant. If you are not getting joy from a Consultant you have the right to request a new consultant if you supply us with a written motivation. Your Consultants name appears at the bottom of your website (unless you have chosen not to publish it on your website) and in the web management Portal.
- Contact the License holder in whose License you fall (each Agent works for a License Holder). The License Holder's contact details can be found under Help / My Agent Details
- Go to www.kwikwaptraining.co.za (it contains help articles and video tutorials)
- Use the Help section in the Client Management Portal (enter your question and view the answer) or the Online Help button on the screen
- Go to one of our regular training sessions (currently mostly done only in Gauteng)
- Attend one of our online seminars (webinars)
- Send an email to firstname.lastname@example.org (this is actually for problems with the system and not operator queries)
CATEGORICAL SUMMARY OF TERMS
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 our services constitutes acceptance of these Terms and Conditions updated on 01 March 2016.
- Limited Liability
- Graphics, Images and Materials
- The Design Process
- Your Privacy
- Website Hosting
- Search Engine Optimisation / Marketing / Ranking
1 – LIMITED LIABILITY
Striking Designs 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 unauthorised access to, alteration of, or use of records, whether for breach of contract, tortuous behaviour, 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.
Striking Designs also disclaims any warranty of merchantability or fitness for a particular purpose. Striking Designs will not be responsible for any damage suffered. This includes loss of data resulting from delays, non-deliveries, miss-deliveries, or service interruptions caused by or visitors, members, contributors or others negligence, errors or omissions.
2 – GRAPHICS IMAGES AND MATERIALS
All graphics and text are to be supplied by the client in electronic format within 14 days of signing the Client and Debit order Website agreement. Illustrations and photographs must be in JPEG or PNG format.
Striking Designs 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 Striking Designs with the above information in electronic format, our standard hourly rate of R250/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 R250/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.
3 – THE DESIGN PROCESS
The design process can only start once ALL the information / text / images have been supplied by the client, Website Hosting Agreement signed by the client and full payment has been paid by the client and received by Striking Designs.
Striking Designs is an Agent/Consultancy for Kwikwap and makes use of the Kwikwap Website system to design and build Websites.
The design process entails the following:
- Striking Designs supplies the client with an Invoice.
- No work will be done until full payment is received by the client.
- Client signs the Website and Hosting agreement.
- Domain registration / Transfer / Pointing takes place.
- Client supplies all text / information / photos / logos and branding colours to be used within 7 days of signing the website and hosting agreement. Should the client need a new logo we supply 3 samples of which one must be chosen. Once the Logo design is finalised the client has to approve it in writing via email before we move on to the next stage of design – The sourcing / addition of content and structural framework of the website (site-mapping).
- Striking Designs starts with the Structural Framework of the Website.
- Once the structural framework of the website has been completed, the rest of the Website is finalised (the Look and Feel) by including the correct images and design specifications as well as any additional photographs and/or graphics as supplied by the client within the 14 days time period and activating the necessary modules.
- The following work is not necessarily included in the standard services (and may attract additional charges @ R250/Hour): photography, script writing, advanced graphic designing and excessive travelling (+- more than 50km).
- The completed Website is then submitted to the client hereafter, the client is again expected to approve the final Website in writing or email, indicating the end of the design process.
- Changes to the logo design and Website design and layout ordered after the client has approved it shall be charged at an additional rate of R250/hour. Should the client supply us with their own logo the free logo design will automatically fall away from the agreement. Striking Designs program custom CSS coding into the system to give your Website a unique look and feel. Clients have the option to change the look and feel via the CMS. Should the client change a setting and require us to redo the Look and Feel a standard fee of R250/Hour will be charged. Striking Designs will then send the client a quotation for this extra work and it will only be initiated on receipt of payment.
- Changes to the structural layout and Look and Feel of the website will only be allowed and tolerated by Striking Designs if the required changes FALL WITHIN the scope of the completed Client Needs Analysis. Should the Client waive all information and forego the submission of a completed design brief and requirements to Striking Designs, then it will be assumed that the Look and Feel, as well as structural layout of the website will be left entirely to the sole discretion of Striking Designs and NO FURTHER design alterations and structural alterations to the framework of the website will be permitted unless agreed to by Striking Designs IN WRITING.
4 – YOUR PRIVACY
We do not share or sell any of your details with third party companies.
Distribution of Information
We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes.
Commitment to data security
Your personally identifiable information is kept secure. Only authorized employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information.
5 - PAYMENTS
- Full payment is required from any client before any work is carried out.
- Should any moneys be outstanding for more than 24 Hours the Website will be made inactive.
- All payments made are non-refundable.
6 - WEBSITE HOSTING
Whilst Striking Designs uses Kwikwap to host your Website, no guarantees can be made as to the availability or interruption of this service and Striking Designs 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.
The client will sign a Hosting agreement with Kwikwap and will abide by the Kwikwap Client Charter / Service Level Agreement. It is the clients' responsibility to make sure that the hosting/domain registration/pointing/transfer fee payments are done on time to Kwikwap. Striking Designs will not be held responsible for Website being made inactive or deleted from the Kwikwap server due to none-payment of the hosting/domain registration/domain pointing/transfer fees.
When a Website is deleted from the Kwikwap server due to none payment of the monthly hosting, domain registration, domain pointing or transfer fees the Website and all its files will forever be deleted and the Website will have to be designed again from scratch. We do not save design files, Website content or CSS style sheet files. Should the client want a deleted Website up and running again normal design fees will apply. Please note that all photos, videos, newsletters and all text added to the Website before deletion will be lost forever and it is the clients' responsibility to keep a backup of this content. Striking Designs will not take any responsibility for any content lost due to a Website being deleted.
7 – SEARCH ENGINE OPTIMISATION / MARKETING / RANKING
Search Engine Optimizations is an ongoing process that involves a variety of important aspects. Whilst customers are guaranteed a properly optimised Website as well as our very best service and advice, Striking Designs cannot guarantee rankings and/or results as we do not exercise continuous control over the actions of neither customers nor the search engines.
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