Web & Graphic Design Terms and Conditions
Last Updated: 07 March, 2020
1. STANDARD TERMS AND CONDITIONS
These are the standard terms & conditions for Website Design and Development and apply to all contracts and all work undertaken by Akoiweb for its clients.
2. OUR FEES AND DEPOSITS
ALL PROJECTS – A 75% deposit of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the design and development work. Then 25% will be due at the testing phase of the project (where we test for bugs, cross browser compatibility and more).
This 75% deposit is non refundable. Kindly go through our portfolio to get a feel of our design style and examples.
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. However any major deviation from the specification will be charged at the rate of $35.00 per hour.
5. PROJECT DELAYS AND CLIENT LIABILITY
Any time frames or estimates that we give are contingent upon your full co-operation. 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. Akoiweb shall NOT be held responsible for any delays due to loss of power (electricity), ISP downtime or any other conditions beyond our control.
6. 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.
7. REJECTED WORK
If you reject any of our work within the 7-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 payment for the completed work.
Upon completion of the design we will invoice you for the 25% balance of the project. This amount must be paid during the 7-day review period. Revisions must be made in writing within the 7 day time frame. If we do not hear from you or your organization within 10 days after we deem the project complete AND the 25% BALANCE remains UNPAID – we will have no option but to label the project abandoned. You will not be entitiled to any refund or work done unless full balance and late fees are paid.
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. For hosting outside the Akoiweb platform, a 3rd Party Hosting Agreement needs to be signed prior to handover of files.
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. If you want to purchase a SEO plan visit SEO Companies in Zimbabwe
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 AkoiWeb Design 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. DESIGN CREDIT
We reserve the right to place text links in the footer section of the work we complete to link back to us. This link may NOT be removed or modified by you or any other third party. You may opt to pay a fee of $200 to have this link removed by Akoiweb.
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. Unpaid hosting accounts will be terminated without any backup.
18. OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING
We will supply to you account credentials for domain name registration and/or web hosting that we purchased on your behalf when you reimburse us for any expenses that we have incurred. Where clients have their own hosting accounts, we may charge extra for configuring your site to work due to a lack of adiquate software resources from your server. These resources include but not limited to MySQL, PhpMyAdmin. Our rate is $35 per hour (minimum 1 hr).
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 Zimbabwe. You and Akoiweb submit to the non-exclusive jurisdiction of the courts in and of Zimbabwe 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.
21. REFUSAL OF SERVICE
AkoiWeb Design reserves the right to refuse any Design or Development assignment for any reason.
10 January 2022
7 December 2021
14 August 2021