Web Development Terms and Conditions
Website Development Terms and Conditions
These terms and conditions are applicable to all Web Development projects that are undertaken by QuickTec Computer Solutions. If the project is to be hosted by QuickTec Computer Solutions, you can view those terms and conditions on this page.
The following terms and conditions document is a legal agreement between QuickTec Computer Solutions and “Client” for the purposes of web site design or development. These Terms and Conditions set forth the provisions under which the Client may use the services supplied.
A copy of these terms and conditions is submitted along with projected quotations and must be agreed prior to work commencing. Alternatively, payment of an advance fee or payment online is an acceptance of our terms and conditions. These terms and conditions are always available on our website for review.
When the Client places an order to purchase a web site, template or web site updates from QuickTec Computer Solutions, the order represents an offer to QuickTec Computer Solutions to purchase the web site, template or web site updates which is then accepted by QuickTec Computer Solutions only when an invoice is sent to the Client.The ‘Website Design contract for supply of services exists between Client and QuickTec Computer Solutions.The invoice equals acceptance by QuickTec Computer Solutions (or third party supplier) of Clients offer to purchase services from QuickTec Computer Solutions and this acceptance of work is a valid contract between Client and QuickTec Computer Solutions regardless of whether Client receives the invoice.
Any other services on the order, which have not been included in the invoice – do not form part of the contract. The Client agrees to check that the details of the invoice are correct and should print and keep a copy for their records.
QuickTec Computer Solutions reserves the right to withdraw from contract at any time prior to acceptance.
Charges for services to be provided by QuickTec Computer Solutions are defined in the project quotation that the Client receives via e-mail. Quotations and are valid for a period of 30 days (thirty) unless alternate timescales has been agreed beforehand with the Client. QuickTec Computer Solutions reserving the right to alter or decline to provide a quotation after expiry of the valid timescale.
All Web Development projects costing R1000 (excluding Vat) and will require an advance payment of fifty (50) percent of the project quotation total before work will commence. The remaining balance of the project quotation total will be due upon completion of the work prior to upload to the server or release of materials. Charges for web development do not cover the release of source Photoshop or Flash files; if the Client requires these items then a separate quotation can be obtained.
Payment for services is due by cheque or bank transfer.
3. Client Review
QuickTec Computer Solutions will provide the Client with an opportunity to review the appearance and content of the Web site during the design and once completed. On completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies QuickTec Computer Solutions in writing, within ten (ten) 10 days of the date the materials are made available to the Client.
Client review terms are subject to be in line with the “Web Check List or Quotation \design\Questionare” document provided to all clients and available to all upon request.
4. Project Schedule and Content Control
In the majority of projects, QuickTec Computer Solutions will install and publicly post or supply the Client’s Web site by the date specified in the project proposal. If no such dates are specified, the timescale shall be within four weeks of the date initial payment is received from the Client, unless the Client specifically requests a delay and agreed by QuickTec Computer Solutions. An alternate timescale can be agreed during the initial project discussion.
In return, the Client agrees to delegate a single individual as ‘first-point-of-call’ to aid QuickTec Computer Solutions with completing the project in a satisfactory and expedient manner.
During the project, QuickTec Computer Solutions will require the Client to provide copy and images. If content is not provided within four (4) weeks of an official request by email then QuickTec Computer Solutions reserves the right to advise the Client of a revision to the final payment fee based on new or revised pricing schedules that may be introduced from time to time. If content is not provided within six (6) weeks from the original email request then the Client is considered to be in default of the project, the project will be terminated and the Client sent the final invoice for immediate payment. QuickTec Computer Solutions will agree, at its discretion, to recommence the project after agreement is reached on a new quotation document and once the original fees have been paid.
All alterations for web sites projects are to be requested in writing either by email or postal mail by the Client. After the specified allowed hours of alterations have been completed.
QuickTec Computer Solutions reserves the right to advise the Client as such and send a separate quotation to the Client and to request payment for any further alterations.
QuickTec Computer Solutions reserves the right to request payment be received for further alterations before continuing work.
Upon completion of an agreed design, the Client is asked to confirm in writing by email or postal mail that the design is signed off as complete and agree that any further design alterations are chargeable.
Client agrees to provide any needed information and content required by QuickTec Computer Solutions in good time to enable QuickTec Computer Solutions to complete a design or web site work as part of an agreed project.
Client agrees that a HTML page built from a graphic design may not exactly match the original design because of the difference between the display in design software and the rendering of HTML code by internet browser software. QuickTec Computer Solutions agrees to try to match the design as closely as is possible when building the code.
QuickTec Computer Solutions endeavours to create pages that are search engine friendly, however, QuickTec Computer Solutions gives no guarantee that the site will become listed with search engines or of certain search results. In no event shall QuickTec Computer Solutions be held liable for any changes in search engine rankings because of using QuickTec Computer Solutions code.
If an error or issue with the design or code arises during the project which does not allow the design or code to match the original specification, then Client agrees that QuickTec Computer Solutions can apply a nearest available alternative solution.
After site completion, a Client or a third party of their choosing may wish to edit their website code themselves to make updates. However, the Client agrees that in so doing they assume full responsibility for any issues which occur because of changing the code themselves. If Client or a third party of their choosing edits the web site code and these results in functionality errors or the page displaying incorrectly, then QuickTec Computer Solutions reserves the right to quote for work to repair the web site.
QuickTec Computer Solutions reserves the right to assign subcontractors in whole or as part of a project if needed.
Client agrees that it is their responsibility to have regular backups of their website and software made by themselves or third party services in case of a software or hardware failure.
All communications between QuickTec Computer Solutions and Client shall be by telephone or email.
QuickTec Computer Solutions will provide invoices upon completion of the work for Web Development and Design and any associated services. Invoices are due within seven (7) days of receipt after which a reminder will be sent to the Client. If the invoice has not been settled after thirty (30) days then QuickTec Computer Solutions will consider the account to be in default.
All prices are exempt of VAT.
Additional work requested by the Client, which is not specified in the agreed quotation, is subject to a separate quotation and QuickTec Computer Solutions reserves the right whether to quote or accept additional work. If QuickTec Computer Solutions accept, additional work may affect timescale and overall delivery time of the project.
The Client can choose to either pay the full cost in one payment or split the cost into 2 payments to be agreed upon with QuickTec Computer Solutions. Should the cost be split into 2 payments then the first half of the payment is to be received before work commences and the second payment to be received towards the end of work and before handover of finished files.
Once an invoice is sent to the Client it must either be paid either by bank transfer, and sent with proof of posting to the QuickTec Computer Solutions’ email. QuickTec Computer Solutions reserves the right to decline further work on a project if there are invoices outstanding with the Client.
Client may request that the QuickTec Computer Solutions cancel a project in writing by email or postal mail to QuickTec Computer Solutions and the project is cancelled only if QuickTec Computer Solutions confirms work has not been started on the project. If QuickTec Computer Solutions has begun or completed the work and the Client no longer requires the files but have agreed to the work, they are still obliged to pay QuickTec Computer Solutions for the work that has been carried out.
All invoices are submitted by email except where required otherwise by regulations or agreed at QuickTec Computer Solutions’ discretion.
QuickTec Computer Solutions reserves the right to remove its work for Client from the Internet if payments are not received.
If the Client in default has any information or files on QuickTec Computer Solutions’ Web space, QuickTec Computer Solutions can, at its own discretion, remove all such material from its web space. QuickTec Computer Solutions is not responsible for any loss of data incurred due to the removal of the service.
Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account.
Cheques returned for insufficient funds will be assessed a return charge of R250 and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay QuickTec Computer Solutions reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by QuickTec Computer Solutions in enforcing these Terms and Conditions.
Termination of the Web Development project by the Client must be requested in writing and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
8. Legal Restrictions
Terms and Conditions relating to hosting account content and usage may be found on this page.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grant QuickTec Computer Solutions the rights to publish and use such material. The Client must obtain permission and rights to use any information or files are copyright written by a third party. The Client is further responsible for granting QuickTec Computer Solutions permission and rights for use of the same and agrees to indemnify and hold harmless QuickTec Computer Solutions from any claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. The Client to QuickTec Computer Solutions shall regard a contract for Web site design and/or placement as a guarantee that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
10. Media Delivery Requirements
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered via e-mail, CD-ROM, DVD, or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. The specific requirements will be discussed and agreed with the Client prior to commencement of the project. Although every reasonable attempt shall be made, by QuickTec Computer Solutions to return to the Client, any images or printed material provided for use in creation of the Client’s Web site, such return cannot be guaranteed.
11. Web Browsers
QuickTec Computer Solutions shall make every effort to ensure sites are designed to be viewed by the majority of visitors. Sites are designed to work with the main browsers Internet Explorer and Mozilla Firefox latest releases. Client agrees that QuickTec Computer Solutions cannot guarantee correct functionality with all browser software across different operating systems.
Clients agree that after handover of files any updated software versions of the main browsers Internet Explorer and Mozilla Firefox, Domain Name setup changes or hosting setup changes thereafter may affect the functionality and display of their web site. As such, QuickTec Computer Solutions reserves the right to quote for any work involved in changing the web site design or web site code for it to work with updated browser software, domain name or hosting changes.
12. Access Requirements
If the Client’s Web site is to be installed on a third-party server, QuickTec Computer Solutions must be granted temporary read/write access to the Client’s storage directories, and those directories must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
13. Post Project Alterations
QuickTec Computer Solutions cannot accept responsibility for any alterations caused by the Client or a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions. QuickTec Computer Solutions may require a one-off Web Development charge before resolving any issues that may arise.
14. Third Party Services
QuickTec Computer Solutions may require the usage of third party services – for example, credit card processing – to complete the Client’s project requirements and will ensure these services are integrated into the project and working correctly upon completion. QuickTec Computer Solutions cannot be held responsible for subsequent changes or issues with these third party services that may result in issues on the Client’s website and may require a one-off Web Development charge before resolving any problems that may arise.
15. Domain Names
QuickTec Computer Solutions may purchase domain names on behalf of the Client, in which case they will then be renewed on an annual basis and QuickTec Computer Solutions will invoice the Client. For .com, .org and .net domains, reminder emails will be sent out to the client before the domain expires at ninety (90), sixty (60), thirty (30) and five (5) days before expiration with a final email sent ten (10) days after the expiration date. Domains ending in .co.za are automatically renewed ten (10) days before expiration. In this case, the Client must notify QuickTec Computer Solutions that they do not wish to keep the domain thirty days before the expiration date. The loss, cancellation or otherwise of the domain brought about by none or late payment is not the responsibility of QuickTec Computer Solutions.
The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
16. Liability and Warranty Disclaimer
QuickTec Computer Solutions provides their web site and the contents thereof on an “as is” basis and makes no warranties with regard to the site and its contents, or fitness of services offered for a particular purpose. QuickTec Computer Solutions cannot guarantee the functionality or operations of their web site or that it will be uninterrupted or error free, nor does it warrant that the contents are current, accurate or complete.
The Client agrees QuickTec Computer Solutions is not liable for absence of service as a result of illness or holiday.
The Client agrees QuickTec Computer Solutions is not liable for any failure to carry out services for reasons beyond its control including but not limited to: acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.
QuickTec Computer Solutions is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided.
On handover of files from QuickTec Computer Solutions to Client, the Client shall assume entire responsibility in ensuring that all files are functioning correctly before use.
Whilst every effort is made to make sure files are error free, QuickTec Computer Solutions cannot guarantee that the display or functionality of the web design or the web site will be uninterrupted or error free. If after handover of files errors are found in code the developer has created and the main browsers Internet Explorer and Mozilla Firefox, domain name setup and hosting setup are the same as when work began, then QuickTec Computer Solutions can correct these errors for the Client at its own discretion.
If after handover of files errors are found in code the developer has created and the main browsers Internet Explorer and Mozilla Firefox have released an updated software version, or the domain name setup or hosting setup has been changed, QuickTec Computer Solutions can correct errors for the Client free of charge and reserves the right to quote separately for any additional work needed as a result of changes to the browser software, domain name setup or hosting setup.
Should Client go into compulsory or involuntary liquidation or cannot pay its debts in the normal course of business, QuickTec Computer Solutions reserves the right to cancel forthwith any projects and invoice Client for any work completed.
QuickTec Computer Solutions shall have no liability to the Client or any third parties for any damages, including but not limited to, claims, losses, lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate these web pages or web site, even if QuickTec Computer Solutions has been advised of the possibility of such damages.
QuickTec Computer Solutions may from time to time recommend to the Client that updates are needed to their site to comply with, including but not limited to, new legislations, software releases and web standards. QuickTec Computer Solutions reserves the right to quote for any updates as separate work. Client agrees QuickTec Computer Solutions is not liable for any failure to inform or implement these updates to their site. Client agrees that it shall defend, indemnify, save and hold QuickTec Computer Solutions harmless from any demands, liabilities, costs, losses and claims arising from omission to inform or implement these updates.
QuickTec Computer Solutions and any third party associates agrees that, except if directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information. Likewise, the Client agrees that it will not convey any confidential information about QuickTec Computer Solutions to another party.
In projects QuickTec Computer Solutions and any third party associates shall use information provided by a Client in relation to this agreement in accordance with the current Data Protection Act and also for the following purposes 1) to identify the Client in communications with them 2) to contact the Client from time to time to offer them services or products which may be of interest to or benefit the Client.
QuickTec Computer Solutions reserves the right to terminate a project with a Client at any time without prior notification if it finds the Client in breach of these terms and conditions. QuickTec Computer Solutions shall be the sole arbiter in deciding what constitutes a breach. No refunds are given in such a situation.
This agreement shall be governed by the laws of South Africa, which shall claim venue and jurisdiction for any legal motion or claim arising from this agreement. This agreement is void where prohibited by law.
Where one or more terms of this contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.
All matters pursuant to this agreement are governed by South African Law and are under exclusive jurisdiction of the South African Courts.
QuickTec Computer Solutions reserves the right to alter these Terms and Conditions at any time without prior notice, the latest terms and conditions can be found at the QuickTec Computer Solutions web site at www.quicktec.co.za with a date of last update.
By accepting a quotation or making a payment of invoice to use the services supplied, the Client acknowledges to have read, understand, and accept the Terms and Conditions of this Agreement, and agrees to be legally binding by these Terms and Conditions.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
20. Governing Law
This Agreement shall be governed by South African Law.
Updated on 11/06/2012