I have read and agree to the terms and services *
WEBSITE DEVELOPMENT AGREEMENT
NetWeb Solutions (Pty) Ltd, (Registration Number: 2020/442939/07) of 11 fenton
Street Meyerton and the above mentioned.
The following terms and conditions apply to all services, including website development
and design services, (the Services) provided by NetWeb to the Client, in conjunction
with any relevant quotation provided to the Client by NetWeb, unless otherwise agreed in
writing. Acceptance of a quote, purchase and/or use of the Services shall be considered
acceptance of these Terms and Conditions.
This agreement shall be interpreted as set out below.
1.1 A reference to one gender shall include any or all genders and a reference
to the singular may be interpreted where appropriate as a reference to the
plural and vice versa.
1.2 A reference to a person includes an individual, a corporate entity and any
organisation which is managed or controlled as a unit.
1.3 A reference to a paragraph or schedule is to a paragraph or schedule to
this agreement unless the context otherwise requires. The schedules form
part of this agreement.
1.4 All money sums mentioned in this agreement are calculated net of VAT,
which will be charged when payment is due.
1.5 These terms and conditions apply to all products and services supplied by
NetWeb to the Client specifically in respect of web development. These
terms and conditions prevail over any terms proposed by the Client.
2.1 The Client must supply the Project Specifications to NetWeb for NetWeb to
issue an accurate and binding quotation. These specifications will be
included in a quote issued to the Client by NetWeb which will also include
projected time-frames for completion of the work.
2.2 The Client must supply all materials and information required by NetWeb
to complete the work in accordance with the agreed specification indicated
in the Project 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 NetWeb which
leads to a delay in the completion of work, NetWeb have the right to
extend any previously agreed deadlines by a reasonable amount.
2.3Where there is any delay in supplying these materials to NetWeb which
leads to a delay in the completion of work, NetWeb have the right to
extend any previously agreed deadlines by a reasonable amount.
2.4 Where the Client fails to supply materials, and that prevents the progress
of the work, NetWeb have the right to invoice the Client for any part or
parts of the work already completed.
2.5 If the Client requires further assistance with creating Project Specifications,
NetWeb may assist the Client which will, at the discretion of NetWeb, be
billed to the Client.
2.6 Any additional work must be supplied as additional Project Specifications
and will be quoted for separately.
3. Documentation required from Client
3.1 The Client agrees to provide any and all information necessary for the timeous commencement and delivery of products and/or services as described in these Terms and Conditions and indicated by the Project Specifications.
3.2 Within 10 (ten) calendar days after the invoice date confirming the received deposit, the Client agrees to provide all documentation required for NetWeb to initiate work on the quoted products and/or services. This documentation must be supplied to NetWeb electronically.
3.3 If the Client does not supply NetWeb with the documentation required within 20 (twenty) calendar days from the invoice date, the entire amount of the agreement becomes due and payable, should the Client choose to continue the agreement with NetWeb.
3.4 If the Client still has not submitted or provided all the required documentation within 45 calendar days from invoice date, an additional continuation fee of 15% of the total Quotation(s) will be billed for each month until the quoted products and/or services are completed.
4. Fees and Deposits
4.1 NetWeb will provide the Client with a quotation which is specifically for the services listed in the Project Specification received from the Client. The Client agrees that this quotation does not include any additional work which the Client may request, and which has not been specified in the Project Specification. Any additional work not specified in the Project Specification will form the subject of a new and separate quotation.
4.2 The quotation is valid for 10 (ten) calendar days from the documented date on the quotation.
4.3 Quotations do not include domain name registration or hosting fees unless otherwise specified.
4.4 Upon acceptance of a quotation, a 50% deposit of the total fee payable under the quotation is due immediately and all deposit(s) are non-refundable and non-negotiable.
4.5 Should the Client pay more than the required 50% deposit, the balance is refundable within 10 (ten) calendar days should the agreement be terminated by either party in accordance with this agreement.
5. Scope of the Agreement
5.1 NetWeb shall only commence services described quotation once the Client’s deposit has been received by NetWeb.
5.2 NetWeb will work effectively to complete the quoted services within the Project Specifications and time-frames indicated as per the quotation(s).
5.3 In return, the Client agrees to provide NetWeb promptly with all necessary co-operation, information, materials and data, access to staff and timely decision-making which may be reasonably required by NetWeb for the performance of the Services.
5.4 Any time frames or estimates that are provided by NetWeb are contingent upon the Client’s 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. The Client agrees to delegate a single individual as a primary contact to aid NetWeb with progressing the services in a satisfactory and expedient manner.
5.5 NetWeb shall not be held responsible for delays outside of their control, including but not limited to equipment failure, third party hosting services, and internet connections. NetWeb shall not be liable for any consequential damages in any event whatsoever.
5.6 During the project, NetWeb will require the Client to provide website content; text, images, movies and sound files, along with any relevant background information.
5.7 NetWeb makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Google Chrome, Microsoft Edge etc.). The Client agrees that NetWeb cannot guarantee correct functionality with all browser software across different operating systems which includes functionality on older devices and software.
5.8 NetWeb cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website has been designed and handed over to the Client. As such, NetWeb reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
6. Text Content and Fonts
6.1 The Client shall supply all content wording. Should the Client require NetWeb to write new content or input text, NetWeb shall provide a separate quote for such services, unless this has already been specifically included in the quotation.
6.2 The Client must provide all written content in formatted text as the Client specifies it to appear, unless otherwise agreed to by NetWeb to design the layout thereof.
6.3 The Client must specify all fonts for text and written content in the Project Specifications.
7. Photographs and Images
7.1 The Client agrees to supply graphic files in editable, vector format. Photographs must be in a high-resolution format.
7.2 Should the Client request NetWeb to search photographs and purchase images on behalf of the Client, the cost of buying stock photographs or a photo shoot is not included in this agreement and will form a separate quotation / invoice.
7.3 Any images and colour schemes required by the Client must be specified in the Project Specifications.
8.1 The Client agrees that they have ensured that they have the Copyright for all material supplied.
8.2 NetWeb, its employees, independent contractors, affiliates, agents, agencies or any associates involved in a Client’s products and/or services, will not be liable or held responsible for any Copyright disputes.
8.3 Should it come to NetWeb’s attention in any way that material was provided without the required Copyright, such illegal content will be removed immediately and the Client will be billed with the cost thereof.
8.4 NetWeb does not take any responsibility for any and all content supplied from the Client without proper Copyright whatsoever.
9. Domain Names & Hosting
9.1 All domain names are legally owned by the Client. All domain name registrations are subject to availability and registration rules. NetWeb will manage the domain name(s) on behalf of the Client unless the Client requests in writing that the Client manages their own domain(s) and payment of fees.
9.2 Should the Client appoint NetWeb to manage the domain on its behalf, the Client agrees to pay NetWeb for its annual subscription. NetWeb will invoice the Client once a year for the domain which invoice will be payable by the Client immediately on receipt.
9.3 NetWeb will issue the Client with an invoice via electronic mail and payment must be made directly into NetWeb’s account.
9.4 The Client indemnifies NetWeb against any loss or damage arising directly or indirectly from any failure of services related to domain renewals, registrations, domain name trademarks.
9.5 NetWeb will offer the suggested hosting package required for the Client’s project.
The exact package required will determine the monthly cost. Due to website growth, disk-space and an increase in traffic, the Client will be responsible for any over-usage, charged per GB for Traffic & per 10mb for Disk Space.
9.6 Should the Client decide to make use of their own hosting provider, the Client will be responsible for contacting the chosen host for support relating to hosting matters & ensure that NetWeb will have the correct hosting environment needed for the project. NetWeb will charge for costs incurred liaising with the hosting company and supporting the Client with hosting related issues. NetWeb will charge for costs incurred due to differences in hosting environment if installation and management exceeds standard time frames.
10. APPROVAL OF WORK
10.1 On completion of the website, the Client will be notified and have the opportunity to review it. The Client must notify NetWeb in writing of any unsatisfactory points within 7 days of such notification.
10.2 Any of the work which has not been reported in writing to NetWeb as unsatisfactory within the 7-day review period will be deemed to have been approved.
10.3 Once approved, or deemed approved, work cannot subsequently be rejected, and the agreement will be deemed to have been completed and the 50% balance of the project price will become due. Upon completion of the 7-day review period, NetWeb will invoice the Client for the 50% balance of the project.
10.4 All work remains the property of NetWeb until the full and final payment is received and activation of the Client’s website is conditional upon payment being received by NetWeb.
11. Termination & Legal costs
11.1 Should the Client cancel the project at any time, all fees up to that point of work will be calculated. Any amount greater than the 50% deposit will be billed to the Client which is payable within 7 (seven) calendar days of Invoice date.
11.2 The Client agrees that hosting and domain fees are non-refundable, as these are paid by NetWeb in advance.
11.3 NetWeb reserves the right at its discretion to terminate this agreement should the Client breach any of the Terms and Conditions stated herein.
12. Breach of the Agreement
12.2 The Client agrees that in the event of the Client breaching any term of this agreement, NetWeb will notify the Client of the breach. The Client will be afforded 7 working days in which to remedy the breach and should the Client fail to remedy the breach within the 7 days, the Client will be liable to pay any remaining amounts under this agreement. For clarity, the Client will be liable to pay the remaining 50% balance of this agreement as well as any other costs incurred by NetWeb.
12.3 Failure to comply with these Terms and Conditions regarding payments and fees will result in NetWeb instituting legal action against the Client.
12.4 The Client agrees that it will be liable for all legal costs on an attorney and own client scale incurred by NetWeb in respect hereof regardless of whether action has been instituted or not.
13. Hacking & Viruses
13.1 NetWeb will not be held liable for any viruses, hacking, malicious content or any security breaches pertaining to any third-party applications or to the Client’s website.
13.2 The Client agrees that NetWeb’s Hosting service provider may at any time suspend a domain should any viruses or malicious content be exposed through hacking or security breaches to any third-party application or website.
14. Additional Expenses and Month To Month Contracts
14.1 The Client agrees to reimburse NetWeb for any requested expenses which do not form part of the quotation including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.
14.2 Website Contracts between the Customer and NetWeb will be based on a month to month contract, if a customer wishes to cancel they will need to email 1 calandar months notice via E-mail and will be reliable for the set up fee of the website which is 50% of the total payment for the year.