STANDARD TERMS AND CONDITIONS

These are the standard terms and conditions for Website Design and Development, Graphic Design, Social Media Content Creation and apply to all contracts and all work undertaken by BlackNoah for its clients.

1. OUR FEES AND DEPOSITS

A 50% deposit of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the work. The remaining 50% shall become due when the work is completed to your reasonable satisfaction but subject to the terms of the “approval of work” and “rejected work” clauses.

We reserve the right not to commence any work until the deposit has been paid in full. The 50% deposit is only refundable if we have not fulfilled our obligations to deliver the work required under the agreement. The deposit is not refundable if the work has been started and you terminate the contract through no fault of ours.

Our standard design rate is R 1,250.00 per hour.

2. SUPPLY OF MATERIALS

You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material.

Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.

Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.

3. VARIATIONS

We are pleased to offer you the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals to a reasonable amount of 3 changes and may charge for any additional designs if you make a change to the original design specification. This will be charged at the rate of R 1,250.00 per hour.

Our website development phase is flexible and allows certain variations to the original specification. However, any major deviation from the specification will be charged at the rate of R 1,250.00 per hour.

For large documents, such as company brochures, profiles, or similar projects, a maximum of three (3) rounds of changes are included. Additional changes beyond the third round will be charged at R 1,250.00 per hour.

Additional Pages: Extra pages can be added to any website package at a standard rate of R 2,500.00 per page. For layout design work such as brochures, profiles, and similar documents, additional pages beyond the agreed scope will be charged at R 1,000.00 per page.

4. PROJECT DELAYS AND CLIENT LIABILITY

Any time frames or estimates that we give are contingent upon your full co-operation and complete and final content in photography, text, and other material. During development there is a certain amount of feedback required in order to progress to subsequent phases.

It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.

If no feedback is received from the client for a period exceeding three (3) weeks, the project will be considered inactive. To restart the project, an additional startup fee of R 1,250.00 will be charged.

5. APPROVAL OF WORK

On completion of the work you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 7 days of such notification.

Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the 50% balance of the project price will become due.

6. REJECTED WORK

If you reject any of our work within the 7-day review period, or do not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.

7. PAYMENT

Upon completion of the 7-day review period, we will invoice you for the 50% balance of the project.

8. WARRANTY BY YOU AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS

You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks, or any other material that you supply to us to include in your project.

You must indemnify us and hold us harmless from any claims or legal actions related to the content you provide.

9. LICENSING

Once you have paid us in full for our work we grant to you a license to use the website, design, and its related contents for the life of the project.

10. SEARCH ENGINES

We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimisation according to current best practice.

11. CONSEQUENTIAL LOSS

We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.

12. DISCLAIMER

To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded.

Without limiting the above, to the extent permitted by law, any liability of BlackNoah under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.

13. SUBCONTRACTING

We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.

14. NON-DISCLOSURE

We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.

15. ADDITIONAL EXPENSES

You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.

16. BACKUPS

You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.

17. OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING

A renewable fee for both the domain and hosting of R 4,500.00 will apply annually. We will supply to you your account credentials for domain name registration and/or web hosting if you wish to discontinue your services with BlackNoah.

18. E-COMMERCE

You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, defend and indemnify BlackNoah and its subcontractors from any claim, penalty, tax, tariff, loss or damage arising from your or your clients’ use of Internet electronic commerce.

19. RETAINED WORK

The Service Provider will render services to the Client for a period of twelve (12) months.

If the Client does not terminate the services at the end of the twelve (12) months, the contracted services will automatically renew for another twelve (12) month period.

Should the Client choose to terminate the contract without cause prior to the end of the initial 12-month period, the Client must present the Service Provider with a written notice of at least 3 months in advance of the expected termination date.

If the client fails to comply with the cancellation period, the client will be held responsible for compensation equal to the amount to be paid to the Service Provider over the duration of the initial contract period.

20. VIDEO WORK

For video work, a maximum of three (3) rounds of changes are permitted. Any changes requested beyond the third round will be billed at either a half-day rate of R 3,500.00 or a full-day rate of R 6,000.00, depending on the scope of the revisions required.