Web Design Specific Terms and Conditions

 

Web Design Specific – Terms and Conditions

By placing an order with PoSil Consulting CC, you confirm that you are in agreement with and bound by all our Terms and Conditions found at http://www.posil.co.za/terms-and-conditions/

These Terms and Conditions may be changed at any time without prior notice. We will make changes by modifying our web site and updating it to http://www.posil.co.za/terms-and-conditions/.

  1. Website Design
    1. Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, PoSil cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
    2. The website, graphics and any programming code remain the property of PoSil until all outstanding accounts are paid in full.
    3. Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by PoSil remain the copyright of PoSil and may only be commercially reproduced or resold with the permission of PoSil.
    4. PoSil 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.
    5. Any additions to briefs provided will be carried out at the discretion of PoSil and where no charge is made by PoSil for such additions, PoSil accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
    6. The client agrees to make available as soon as is reasonably possible to PoSil all information, materials, content and graphics required to complete the site to the agreed standard and within the set deadline.
    7. PoSil will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
    8. PoSil will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner e.g. Any disputes re content/images that have been provided to us for inclusion on the site.
    9. PoSil will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
    10. PoSil will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
    11. PoSil reserve the right to refuse to handle in any way, material, which may be deemed offensive, illegal or in any way controversial.
  2. Database, Application and E-Commerce Development
    1. PoSil cannot take responsibility for any losses incurred by the use of any software created or sourced for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
    2. Any scripts, applications or software (unless specifically agreed) written by PoSil remain the copyright of PoSil and may only be commercially reproduced or resold with the permission of PoSil.
    3. Where applications or sites are developed on servers not recommended by PoSil, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment, which is identical to the final production environment.
    4. The client is expected to test fully any application or programming relating to a site developed by PoSil before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, PoSil will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief
  3. Compatibility
    1. PoSil will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed on and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer (Latest Version) and Mozilla (Latest Version) browsers. PoSil can offer no guarantees of correct function with all browser software and all versions.
  4. Website Optimization
    1. Due to external factors, such as changes to the way search engines rank websites, we cannot offer any guarantees regarding the position we will achieve for websites. The process of optimizing websites itself will bring in more traffic and hits and you’ll see visits increase to your site naturally. We cannot accept liability for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.
    2. We use ‘white hat techniques’ when optimizing websites and always aim to achieve a top ranking for your website within six months of undertaking the optimization process. Due to the work involved payment is generally required in advance and we are unable to offer a refund of any monies to clients in relation to this type of work.
    3. PoSil reserve the right to refuse to handle in any way, material, which may be deemed offensive, illegal or in any way controversial.
  1. Payment Terms
    1. Once a website design has started the final balance of payment is due in accordance with our Payment Terms and Conditions. There are no exceptions to this, i.e. If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay the full outstanding amount. We will contact clients via email and telephone to remind them of such payments if they are not received when due.
    2. The rest of the payment terms are as per our Payment Terms and Conditions
  2. Refund Policy
    1. Once full payment is received for a website, it is assumed that the project has been completed to the clients satisfaction and no refunds can be offered. We do offer a total of two hours worth of free updates for a month after completion to allow for any final amendments that may be required

E&OE