WEBSITE DESIGN TERMS AND CONDITIONS
Agreement between SOME FAT GEEK and business or individual identified on this agreement. The client/individual listed below is subject to the following terms and conditions. The acceptance of Quotation by Client signature implies that the below terms and conditions have been read and understood and accepted by the Client.
The following terms and conditions document is a legal agreement between Some Fat Geek, hereafter “Some Fat Geek” and “Client” for the purposes of web site design or development. Some Fat Geek preferred web site hosting supplier, 1-grid, will be known as the “Internet Service Provider” (ISP). These Terms and Conditions set forth the provisions under which the Client may use the services supplied.
2.Standard Hosting Service
Some Fat Geek will either secure an account with an ISP on behalf of the Client, or the Client may secure the account independently. If the Client is not an advanced user of the Internet, the Client is encouraged to use the services of Some Fat Geek to secure and maintain this account, this also ensures that Some Fat Geek are able to upload the website and guarantee that the hosting platform supports all functionality. Should the Client already host a web site with another hosting company but wish to move to Some Fat Geek ISP Servers, the Clients domain/s transferred to the ISP free of charge.
The Client hereby authorizes Some Fat Geek to access this account, and authorizes the Web Hosting Service Provider to provide Some Fat Geek with “write permission” for the Clients web page directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project. The Client also authorizes Some Fat Geek to publicize their completed web site to Web search engines, as well as other Web directories and indexes, should it so deem.
3.Domain Name Registration
Some Fat Geek will secure a domain name for the Client at the Clients request. All charges incurred in doing so will be billed to the Client as an addition to the base price contemplated by this agreement unless otherwise stated.
If the Client already owns a domain name, which is authorized to move to the ISP, Some Fat Geek will coordinate redirecting the address to the new host. Should the Client desire a specific domain name, which is already owned by another party, negotiations for said domain name, must be undertaken by the Client.
Client agrees to take all legal responsibility for use of third party domain name, hosting and email services and hereby agrees to indemnify and hold harmless Some Fat Geek from any claim resulting from the Clients publication of material and use of the domain name, hosting and email services. Any support or payment due relating to the domain name, hosting and email services are to be made between the Client and the third-party service (unless otherwise stated).
Client agrees to pass on FTP details, Client Panel, and any other access details relating to their domain name and hosting account which Some Fat Geek requires to upload the web site, if required as part of a project.
Some Fat Geek reserves the right without notice to refuse work with domain names or hosting and email services without reason for such rejection or refusal.
Copy for web site must be supplied by the Client in Microsoft Word .DOC or .PDF format via disk or email attachment. If not supplied on disk or via email, there will be an additional charge for typesetting.
If the Client does not supply Some Fat Geek complete text and graphic content for all web pages contracted, within six (4) weeks of the date the contract was agreed to, the entire amount of the contract becomes due and payable.
Additional web pages requested over and above the amount stated on the quotation will be charged at R1000.00 per additional page. Where custom graphic work is requested, it will be billed at the hourly rate specified in this document, or as quoted.
Notwithstanding anything to the contrary contained in this document, Some Fat Geek reserves the right to advise the Client in writing of any change in its charges arising from the work being done by Some Fat Geek as envisaged in terms hereof in 14 written days’ notice by Some Fat Geek to the Client.
5.Cross Browser Compatibility
Some Fat Geek shall make every effort to ensure sites are designed to be viewed by the majority of visitors. Sites are designed to work with the main browsers Internet Explorer, Mozilla Firefox and Google Chrome latest releases. Client agrees that Some Fat Geek cannot guarantee correct functionality with all browser software across different operating systems and platforms.
Client agrees that after the handover of files, any updated software versions of the main browsers, domain name setup changes or hosting setup changes thereafter, may affect the functionality and display of the web site. As such, Some Fat Geek reserves the right to quote for any work involved in changing the web site design or web site code for it to work with updated browser software, domain name or hosting changes.
Client is aware that some advanced techniques on the Internet may require a more recent browser version and brand or plug-in. Client is also aware that, as new browser versions of Internet Explorer, Mozilla Firefox and Google Chrome are developed, the new browser versions may not be compatible. In the absence of a Maintenance Agreement time spent to re-code a site for compatibility due to the introduction of a new browser version will be separately negotiated and in addition to the base price of our agreement.
6.Online stores only
The text and graphic content of the web pages will be supplied by the Client and executed as specified by the Client in the “Web Page Planning Worksheet” and/or the “Store Planning Worksheet”. The quotation provided includes the quantities of products, categories, photos, regular pages, etc. in the final store. Any variations to this will incur additional charges. Product web pages, products, or photos added after the store is ready for advertising to the Web will be calculated for actual time spent at the hourly rate specified below.
7.Additional Expenses | Client Amends / Changes
Some Fat Geek prides itself in providing excellent customer service. That is the spirit of our agreement and the spirit of Some Fat Geek business. To that end, we encourage input from the Client during the design process. Some Fat Geek understands, however, that the Client may request significant design changes to pages that have already been built to the Clients specification. To that end, please note that our agreement does not include a provision for “significant page modification” or creation of additional pages in excess of our agreed page maximum. If significant page modification is requested after a page has been built to the Clients specification, we must count it as an additional page.
Some examples of significant page modification at the request of the Client include but are not limited to:
• Developing a new table or layer structure to accommodate a substantial redesign at the Clients request
• Recreating or significantly modifying the company logo or other graphics at the Clients request
• Replacing more than 75% of the text to any given page at the Clients request
• Creating a new navigation structure or changing the link graphics at the Clients request
• Significantly reconfiguring the Clients shopping cart with new product, shipping or discount calculation if an e-commerce enabled site has been selected by the Client
If the Client requests significant page modification after the page maximum has been reached, a Change Request with estimated costs will be submitted for Clients approval prior to changes being done. Moderate changes, however, will always be covered during our development of the site and also covered by our maintenance agreements.
Maintenance Agreements are negotiated on a Client-by-Client basis as each Client will have differing needs.
Some Fat Geek offers the following Maintenance Agreement:
a. The “As Needed” Maintenance Contract – A monthly chargeable agreement offering cost savings on sites with little to no changes. Charges incur when Client requests a change.
Maintenance Agreements exclude any additional functionality added to the web site, for example galleries, calendars, forums, polls etc. Any web site or web page redesigns, graphic design (banners, advertisements etc.) are also excluded from the maintenance agreement. Should the Client or an agent, other than Some Fat Geek, attempt to update the web site and damage the design or impair the ability for the web pages to display or function properly, time to repair the web pages will be assessed at the hourly rate, and is not included as part of the updating time. There is a one-hour minimum.
Provided that Some Fat Geek may increase its hourly rate as provided for herein on 14 days written notice to the Client.
9.Work Schedule & Payment Terms
An advance of 50% of the total cost of the project is required before work can commence, unless otherwise stated. Only upon receipt of payment, will a project be opened for the services requested. Payment is accepted by Electronic Funds Transfer (EFT) ONLY, or PayPal for International clients, in US Dollars unless otherwise agreed. No Cheque deposits will be accepted. Cash deposits will incur a 10% fee for bank charges. Once the Some Fat Geek receives the deposit, basic design concepts will begin.
The balance is due and payable on completion of the project or 30 days from commencement of the project, whichever comes first.
Some Fat Geek to submit a ‘First Mock-up Draft’ of web site no later than ten (10) days after Some Fat Geek receives signed agreement, along with down payment and initial direction from the Client (Web Site Design Brief). The Client is to provide Some Fat Geek with all the data needed to complete web site, including text, company logo, and images.
Communication between Some Fat Geek and Client is crucial during this phase to ensure that the ultimate publication will match the Clients taste and requirements.
Upon completion of this stage, the Client will be asked to confirm acceptance for the basic site design via e-mail or by signing a printed copy of the design and sending back to Some Fat Geek. Once acceptance is received from the Client, work will commence to complete the project. Upon completion of the web site, an approval form will be sent to the Client. Client will supply written approval by printing and signing the approval form, which will be emailed back to Some Fat Geek.
Final payment to be paid within 30 days of commencement of the project, or upon project completion – whichever comes first. Any additional charges incurred will be due within seven (7) days after delivery of the project and invoice. All payments are non-refundable and required even if deliverables are not used by client.
Should payment not be made within thirty (30) days of notification, a late payment penalty of R550 will be charged per month that the fees remain outstanding. Some Fat Geek reserves the right to remove all web content from the Internet if payment is not made within thirty (30) days of completion notification. If case collection proves necessary, Client agrees to pay all fees incurred in that process. Regardless of the place of signing this agreement, Client agrees that for the purposes of venue, this contract was entered into in Johannesburg, South Africa, and any dispute will be litigated or arbitrated in Johannesburg, South Africa.
Some Fat Geek and Client must work together to complete the web site in a timely manner for both parties to remain profitable. We agree to work expeditiously to complete this project no later than twenty (20) working days from date of cleared deposit, and receiving all relevant material from the Client. Some Fat Geek, however, cannot be held liable for late completion should the Client not revert with feedback in a timely manner.
11.Copyrights and Trademarks
The Client represents to Some Fat Geek and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Some Fat Geek for inclusion in web pages are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Some Fat Geek and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.
Client agrees that any material submitted for publication will not contain anything leading to abusive or unethical use of the Web Hosting Service, the Host Server or Some Fat Geek. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, harassment, any illegal activity, spamming, advocacy of illegal activity, and any infringement of privacy. Some Fat Geek reserves the right to determine what is and is not pornography.
The Client hereby agrees to indemnify and hold harmless Some Fat Geek from any claim resulting from the Clients publication of material or use of those materials. It is also understood that Some Fat Geek will not publish information over the Internet which may be used by another party to harm another.
Client agrees that it shall defend, indemnify, save and hold Some Fat Geek harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees associated with Some Fat Geek development of the Clients web site. This includes liabilities asserted against Some Fat Geek, its subcontractors, agents, clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, its agents, employees or assigns.
Client also agrees to defend, indemnify and hold harmless Some Fat Geek against liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the Clients web site. This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization or business.
14.Assignment of Project
Some Fat Geek reserves the right to assign subcontractors to this project to ensure the right fit for the job as well as on-time completion. Some Fat Geek warrants all work completed by subcontractors for this project. When subcontracting is required, Some Fat Geek will only use industry recognized professionals.
Ownership to Web Pages and Graphics
Copyright to the finished assembled work of web pages produced by Some Fat Geek and graphics shall be vested with the Client upon final payment for the project. This ownership is to include design, photos, graphics, source code, work-up files, text and any program(s) specifically designed or purchased on behalf of the Client for completion of this project. Stock Images provided by Some Fat Geek remain the property of Some Fat Geek, unless purchased by the Client.
All materials developed under this contract and intended for publication to the web remain the property of Some Fat Geek until such time as Client has tendered final payment for the work described herein. At this time, all materials become the property of Client and may be used by them as desired. Should Client use materials described in this contract on the web before the tender of final payment, then this contract is breached and appropriate penalties will apply. Some Fat Geek retains the right to display graphics and other web design elements as examples of their work in their portfolios.
The Client agrees that Some Fat Geek may put a byline on the bottom of the web pages establishing design and development credit. Client also agrees that the web site created for the Client may be included in the Some Fat Geek portfolio.
Some Fat Geek, its employees and subcontractors agree that, except as directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information to any person whatsoever. Likewise, the Client agrees that it will not convey any confidential information obtained about Some Fat Geek to another party.
17.Rights Upon Termination of Agreement
Some Fat Geek shall transfer, assign and make available to Client all property and materials in Some Fat Geek possession or subject to Some Fat Geek control that are the property of Client, subject to payment in full of amounts due, pursuant to this agreement. Some Fat Geek also agrees to provide reasonable co-operation in arranging for the transfer or approval of third parties interest in all contracts, agreements and other arrangements with advertising media, suppliers, talent and others not then utilized, and all rights and claims thereto and therein, following appropriate release from the obligations therein.
Cancellation of the project at the request of the Client must be made by registered letter. In the event that work is postponed or cancelled at the request of the Client by registered letter, Some Fat Geek shall have the right to retain the original deposit. In the event this amount is not sufficient to cover Some Fat Geek for the time and expense already invested in the project, the Client shall be liable to pay for all work completed at the hourly rate. If additional payment is due, this will be billed to the Client within seven (7) days of notification via registered letter to stop work. Final payment will be expected under the same terms as listed in point 11 above.
Cancellation of project must be submitted by registered letter to Some Fat Geek, (email@example.com). The cancellation clause of your document may further specify:
• all materials delivered to the client to date (in connection with that specific project) must be returned • use of work done in connection with the project without your consent could result in additional fees or legal action
• you will keep all original artwork, digital files, disks or CDs prepared in connection with the project
An account shall be considered default if it remains unpaid for 30 days from the date of invoice. Some Fat Geek shall be considered entitled to remove Some Fat Geek and/or the client’s material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, design and maintenance, sub-contractors, printers, photographers and photography libraries.
Removal of such materials does not relieve the client of its obligation to pay the due amount. Clients whose accounts become default agree to pay Some Fat Geek reasonable expenses and third-party collection agency fees in the enforcement of these Terms and Conditions.