1. STANDARD TERMS AND CONDITIONS
These are the standard terms and conditions for Website and stationary Design, Development and apply to all contracts and all work undertaken by Magoven Creative Studio (Pty) Ltd t/a Magoven Creative Studio, for its clients.
2. 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 website design and any development 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 development work has been started and you terminate the contract through no fault of ours.
3. 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.
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 and may charge for additional designs if you make a change to the original design specification. Our website development phase is flexible and allows certain variations to the original specification. As the client, you will receive 18 full hours of access to the website and any other design projects, during which time you are to note all desired changes. However any major deviation from the specification will be charged at the rate of R250.00 per hour.
5. 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 for the work pages. 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.
6. APPROVAL OF WORK
On completion of the work you will be notified and the 50% balance of the project price will become due. You have the opportunity to review the final product. You must notify us in writing of any unsatisfactory points within 2 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 2-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.
7. REJECTED WORK
If you reject any of our work within the 2-day review period, or 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 any remaining payment for the completed work.
Upon completion of the amendments noted by yourself during the 18-hours period, we will invoice you for the 50% balance of the project.
9. 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 trade marks, or any other material that you supply to us to include in your website or web applications. You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.
Once you have paid us in full for our work we grant to you a license to use the website and its related software and contents for the life of the website.
11. 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.
12. 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.
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 Magoven Creative Studio 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.
We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.
16. 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, website maintenance or comparable expenses.
17. BACKUPS & MAINTENANCE
Unless you have agreed to our monthly lease package, you are responsible for regularly maintaining your own website and 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. Any backup restorations or maintenance done by us will be charged for.
18. OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING
We will supply to you account credentials for domain name registration, web hosting and emails that we registered on your behalf after you settle all amounts payable to us.
19. GOVERNING LAW
The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of the Republic of South Africa. You and Magoven Creative Studio submit to the non-exclusive jurisdiction of the courts in and of Republic of South Africa in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.
20. CROSS BROWSER COMPATIBILITY
By using current versions of well supported content management systems such as “Wordpress”, we endeavour to ensure that the web sites we create are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.
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, and defend and indemnify Magoven Creative Studio and its subcontractors from any claim, penalty, vat, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.
2020 Website Giveaway Promotion
entity – an entity is one person or one company that wishes to enter the completion
- No Purchase Necessary
- No purchase necessary to enter or win. Contracting services with Magoven Creative Studio (Pty) Ltd does not improve chances of winning.
- Promotion Description
- Every entity that signs up for our newsletter from while the contest is taking place will receive a link to a signup form where the entity can get one entry for a chance to win a free professionally developed website. See prize info below.
- This promotion to anyone over the age of 18 years.
- You must enter through the 3 steps outlined on the competition advertisement.
- Participants must be in the market for a new website and may only redeem the prize for themselves or a company that they personally own.
- A Basic Custom Business Website will be given away. Custom Business Websites are valued at R3700 and the maximum hourly time allotted to a winning Custom Business Website is 9hrs (including setup and development).
- Drawing Date
- Prizes are not redeemable for cash and prizes are not transferable but the prize’s value can be used as credit towards an upgraded website package.
- The work on your new website must start within 3 months of winning.
- Winner Selection
- Winners will be selected at random using commentpicker.com.
- Odds of winning are dependent on how many entries are received.
- You can only win one prize.
- Winner Notification
- Winners will be notified by by Direct Messaging on the Social Media Platform used to enter the competition..
- Winners have 2 weeks to redeem their prize. If they do not redeem their prize within 2 weeks of the notice they forfeit their prize and it will be given away to another participant by random selection.
- A winner’s new website project will be added to our current work schedule which can put a 2-4 week waiting period on the front end of starting your project.
- Limitation of Liability
- By entering you agree to release and hold harmless Magoven Creative Studio (Pty) Ltd and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such entrant’s participation in the sweepstakes and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error which may occur in the administration of the Promotion or the processing of entries.
- Terms are subject to change without notice.
- Winners are required to agree to our standard website design terms & conditions prior to accepting the prize.
- If any term of this Giveaway is held by a Court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way.
- Winners agree to have their first name and first initial of their last name shown on the internet to prove who has won.
- Winners agree to grant to Magoven Creative Studio (Pty) Ltd and its affiliates and assigns Magoven Creative Studio (Pty) Ltd the right and permission to use in perpetuity, their name, likeness, image, voice, recorded voice, appearance, biographical information, statements, performance and/or testimonial(s) (collectively, “Appearance”) in any manner and in any media, now known or later developed, throughout the world, at any time, for the purpose of advertising and publicizing the Magoven Creative Studio (Pty) Ltd’s products and services, without review, permission or compensation of any amount or kind whatsoever. Magoven Creative Studio (Pty) Ltd shall have complete ownership of any recording, product, copy, presentation or other material or file containing or featuring my Appearance (“Product”), including copyright interests, and I acknowledge I have no interest or ownership in the Product (or any portion thereof) or its copyright. This grant includes without limitation the right for Magoven Creative Studio (Pty) Ltd to edit, abridge, augment, title, or create a compilation from my Appearance in whole or part as Magoven Creative Studio (Pty) Ltd may elect in its sole discretion.
- Web Hosting
- Magoven Creative Studio (Pty) Ltd will provide 2 months free hosting on it’s hosting servers.
- The winner will be liable for a hosting fee of R100 per month thereafter
- Legal Name & Registered Address: Magoven Creative Studio (Pty) Ltd
- 5820 Hillside Ave, Woodhill Estate, Polokwane, 0699