This Services Agreement (the “Agreement”) contains the complete terms and conditions which govern your subscription to All Things Digital, Development and other Internet-related services provided by All Things Digital (the “Services”). As used in this Agreement, “All Things Digital” means All Things Digital and “Client”, “you”, or “your” means you.
You acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the All Things Digital site. As referred to in this Agreement, “Site” refers to a World Wide Web site and “All Things Digital” refers to the Site located at the URL – https://www.allthingsdigital.co.za or any other successor Sites owned or maintained by All Things Digital.
Terms and Conditions:
1. Acknowledgement.
1.1. Upon a Client signing the Terms and Conditions, the Client acknowledges that they have read and accepted these Terms and Conditions.
2. Agreement.
2.1. It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply.
2.2. If a Client accepts a quote or project proposal and or signs a booking sheet, then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.
2.3. The Client acknowledges acceptance of Products and/or services signed for as outlined on the Booking Sheet by paying the total amount in South African Rand (ZAR) value after receiving an invoice and depositing the agreed amount to All Things Digital stipulated bank and account details as provided.
2.4. Unless agreed otherwise with the Client, all services require full payment in advance before commencement of services.
2.5. Products and/or services will only commence, once the Client’s payment has been confirmed as received by All Things Digital, which will be reciprocated by a confirmation email from All Things Digital when said funds are cleared and or payment confirmation from the client’s bank account is received.
2.6. All Things Digital commit to working expeditiously to complete the products and/or services within the time-frames indicated as per the Booking Sheet and or Scope of Work received via email.
2.7. In order to deliver these products and/or services within the projected timeframes, the Client’s co-operation is paramount.
2.8. All Things Digital cannot be held responsible for delays outside of their control, including but not limited to equipment failure, Third Party Hosting Services, load shedding and internet connections.
2.9. All Things Digital endeavour to make websites that perform well in current major browsers, but cannot guarantee backward compatibility (i.e. functionality on older devices and software).
2.10. Quotations are valid for a period of 14 days. All Things Digital reserves the right to alter or decline to provide a quotation after expiry of the 14 days.
3. Bank payment Deposit(s)
3.1. Payment Deposit(s) are non-refundable and non-negotiable.
3.2. Cancellation will only be accepted within 24 hours of receipt of payment, but any work already undertaken by All Things Digital will be calculated and deducted accordingly, the balance is refundable within 10 (ten) calendar days should the Agreement be terminated by either party.
4. Hosting via All Things Digital
4.1. Hosting via All Things Digital allows for allocated disk space limited to that Hosting package. Disk over-usage will be charged at the appropriate rate at that time, invoiced to the Client’s account and must be paid within 7 (seven) calendar days after Invoice date thereof.
4.2. Monthly Hosting & Yearly Domain Fees must be paid on or before the last working day of each month. 4.3. Hosting fees are payable from date of domain registration or transfer to All Things Digital.
4.4. Payments not received by the 5th of each month will automatically suspend the Client’s Hosting service, thus deactivating the Client’s website and linked e-mail accounts.
4.4. A reactivation fee, at the appropriate rate at that time, will be billed to the Client.
4.5. Hosting fees not received for 2 consecutive calendar months irrevocably terminates the linked website and associated e-mail accounts with the host. The Client’s domain registration remains for the balance of the yearly domain fee paid, but no software, design and/or development work associated with the domain is recoverable by reactivation hereafter.
4.6. All Things Digital reserves the right to suspend the Client’s services due to non-payment and charge fees, at the appropriate rate at that time, on all arrears in accordance with these Terms and Conditions.
4.7. Hosting cancellations are only accepted via email to admin@allthingsdigital.co.za, on or before the 1st of the new month as it carries a calendar month notice period.
4.8. All outstanding payments must be paid up to date before the Client’s Hosting services will be terminated with All Things Digital, thus enabling release to transfer to a Third-Party Hosting Service Provider.
5. Client Review
5.1. All Things Digital will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed.
5.2. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies All Things Digital otherwise within two (2) working of the date the materials are made available to the Client.
6. Turnaround Time and Content Control
6.1. All Things Digital will install and publicly post or supply the Client’s website by the date specified in the Booking sheet, quote, project proposal, or at date agreed with Client upon All Things Digital receiving initial payment, unless a delay is specifically requested by the Client and agreed by All Things Digital.
6.2. In return, the Client agrees to delegate a single individual as a primary contact to aid All Things Digital with progressing the commission in a satisfactory and expedient manner.
6.3. During the project, All Things Digital will require the Client to provide website content, text, images, movies and sound files.
7. Failure to provide required website content:
7.1. All Things Digital is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time.
7.2. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
7.3. This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information within (3) three working days or within the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge.
7.4. If you agree to provide us with the required information and subsequently fail to do within fourteen (14) days of project commencement, we reserve the right to close the project and the balance remaining becomes payable immediately if a deposit was paid.
7.5. If full payment was made the amount paid will not be refunded.
NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website.
8. Additional Expenses
8.1. Client agrees to reimburse All Things Digital for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc, or any additional work outside the agreed design specs requested by the client.
9. Additional Work
9.1. Additional Work requested and agreed to, or any other work in progress for the Client’s website after the Completion Date of the original Agreement, will be billed monthly in accordance to these Terms and Conditions, quoted and agreed to.
10. Scope creep
10.1 Scope creep (https://allthingsdigital.co.za/scope-creep/) will not be tolerated, and setting clear goals, objectives and specifications in the initial negotiations and Project Specifications with All Things Digital remain the responsibility of the Client.
10.2. All things Digital may suggest Additional Work for the Client’s project, including but not limited to graphic design, software, etc. to enhance the Client’s website functionality and appearance, and reserves the right to do so free of charge or All Things Digital will issue the Client a Quotation accordingly.
11. Completion Date
11.1. Activation of the Client’s website is conditional to the Terms & Conditions above.
11.2. The Completion Date of a project is affected by feedback and received content from the Client. 11.3. Timeframes will be adjusted within reason, notwithstanding these Terms & Conditions.
11.4 The Client will be notified when the website is activated, and then the Client will have 2 (two) working days to report any faults or request minor alterations (within the initial Agreement), in writing by e-mail.
11.5. Should All Things Digital not receive a reply within 2 (two) working days via e-mail, the Client’s website is considered finalised and complete. Therefore, All Things Digital take no responsibility for website content errors hereafter.
11.6 Please note that any further adjustments or amendments after this date will be at an additional cost.
12. Search Engine Optimization (SEO)
12.1. All Things Digital cannot guarantee search positions or rankings of websites but include Search Engine Optimisation (SEO) in the form of meta tags and descriptions, structure and basic content recommendations.
12.1. All Things Digital can assist with the Client’s SEO if and when required and will issue the Client a Quotation accordingly.
12.2. The following terms and conditions apply for a contractual service:
12.2.1. Our SEO campaigns run month to month, campaigns can also run ads on a contractual basis if agreed upon.
12.2.2. Payment is required in full and upfront to commence any work.
12.2.3. What is SEO: Your SEO keywords are the keywords and phrases in your web content that make it possible for people to find your site via search engines. … Keywords and SEO are directly connected when it comes to running a winning search marketing campaign.
12.2.4. Signing of a booking sheet or acceptance of a quote, the Client acknowledges that they have read and accepted these Terms and Conditions the client must give us full admin access to their website.
12.2.4. Keyword ranking can take up to 6 to 12 months, we endeavour to get ranking on page 1 or 2 on Google SA.
12.2.5. A maximum of 10 keywords will be focused on.
13. E-Commerce
13.1. E-commerce and online shopping website – please refer to our “Online Shop Requirements” which will be emailed to you by our admin department
13.2. All Things Digital will only load 100 products on the website on the Client’s behalf. However, the Client will be able to load unlimited products.
Should the Client require All Things Digital to load more than the aforementioned 100 loaded products, we can do so at an additional cost of R100 per product.
14. Payment
14.1. If any additional work was done and agreed to by the client. Invoices will be provided by All Things Digital upon completion and payable on receipt of invoice before the website will go live. Invoices are sent via email. Invoices are due upon receipt.
15. Web Browsers
15.1. All Things Digital makes every effort to ensure websites are designed to be viewed by the majority of visitors.
15.3. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer, Google Chrome, etc.). Client agrees that All Things Digital cannot guarantee correct functionality with all browser software across different operating systems.
15.3. All Things Digital cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, All Things Digital 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.
16. Security
16.1 All Things Digital 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.
16.2. All Things Digital’ 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.
17. Default
17.1. Accounts unpaid thirty (30) days after the date of invoice will be considered in default.
17.2. If the Client in default maintains any information or files on All Things Digital Web space, All Things Digital will, at its discretion, remove all such material from its web space.
17.3. All Things Digital is not responsible for any loss of data incurred due to the removal of the service.
17.4. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account.
17.5. Clients with accounts in default agree to pay All Things Digital reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by All Things Digital in enforcing these Terms and Conditions.
18. Indemnity
18.1. All services by All Things Digital may be used for lawful purposes only.
18.2. You agree to indemnify and hold All Things Digital harmless from any claims resulting from your use of our service that damages you or any other party.
19. Copyright
19.1. The Client retains the copyright to data, files and graphic logos provided by the Client, and grants All Things Digital the rights to publish and use such material.
19.2. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party.
19.3. The Client is further responsible for granting All Things Digital permission and rights for use of the same and agrees to indemnify and hold harmless All Things Digital from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions.
19.4. A contract for website design and/or placement shall be regarded as a guarantee by the Client to All Things Digital that all such permissions and authorities have been obtained.
19.5. Evidence of permissions and authorities may be requested.
20. Standard Media Delivery
20.1. Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered on thumbdrive, CD or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format.
20.2. Although every reasonable attempt shall be made by All Things Digital to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.
21. Design Credit
21.1. A link to All Things Digital will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design.
21.2. The Client also agrees that the website developed for the Client may be presented in All Things Digital portfolio.
22. Access Requirements
22.1. If the Client’s website is to be installed on a third-party server, All Things Digital must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
23. Post-Placement Alterations
23.1. All Things Digital cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
24. Digital Marketing
24.1. All Things Digital will honour the components of your chosen digital marketing scope of work, providing an agreement to a minimum 3-months contract is served and monthly payments are received in advance.
24.2. In the event that payment is not received on time, we regret that further work will be halted until this is rectified.
25. Google Shopping Ads
25.1. Shopping Ad campaigns run month to month, run month to month after the initial 3-month contract, campaigns can also run ads on a contractual basis if agreed upon.
25.2. Payment is required in full and upfront to commence any work. Our Shopping Ad campaigns takes up to 7 days to create. Cancellation of the agreement after the 7-day period in which we have completed and created the campaign will result in a 30% fee of the total invoice amount.
25.3. Shopping Ad campaigns are created on our companies Merchant centre account, clients will not be given access to any of our accounts, the campaigns remain the possession of All Things Digital.
25.4. All future payments will be due by or before the 28th of each month. Monthly Reports are emailed on or before the 5th of the new month.
26. Google AdWords
26.1. AdWords campaigns run month to month after the initial 3-month contract, campaigns can also run ads on a contractual basis if agreed upon.
26.2. Payment is required in full and upfront to commence any work. Creation of campaigns will take 2 days.
26.3. Cancellation of the agreement after the 2-day period in which we have completed and created the campaign will result in a 30% fee of the total invoice amount.
26.4. Our AdWords campaigns are created on our companies MCC account, clients will not be given access to any of our accounts, the campaigns remain the possession of All Things Digital.
26.5. All future payments will be due by or before the 28th of each month. Monthly Reports are emailed on or before the 5th of the new month.
27. Termination of Service
27.1. Termination of services by the Client must be requested in a written notice and will be effective within 30 days on receipt of such notice.
27.2. Telephone requests for termination of services will not be honoured until and unless confirmed in writing.
27.3. The Client will be invoiced for work completed to the date of first notice of cancellation for payment in full upon receipt of Invoice.
27.4. All fees up to that point of work will be calculated. If a deposit was paid any amount greater than the 50% deposit will be billed to the Client. This is payable upon receipt of invoice.
27.5. If the website is 90 – 100% complete no refund will be given. All Things Digital will only refund Client’s amounts paid, greater than the 50% deposit for products and/or services not delivered in accordance to the initial Agreement(s), or balance thereof in accordance to Terms & Conditions.
27.6. Hosting and Domain Fees are non-refundable, as these are paid in advance.
27.7. All Things Digital reserves the right at its discretion to cancel this Agreement should the Client breach any of the Terms and Conditions stated herein.
28. Meetings and Consultations
28.1. Telephonic, Skype or e-mail queries will be responded to free of charge for confirmed Clients. 28.2. Meetings and consultations requested by the client that are not at the premises of All Things Digital will be charged at the discretion of All Things Digital.
29. General
29.1. All Things Digital reserves the right to make changes to these Terms and Conditions at any time without prior consent of any or all of their Clients, employees, independent contractors, affiliates, agents, agencies or any other third-party agreements.
29.2. Deposit(s)/Payments are non-refundable unless All Things Digital, at their sole discretion decide otherwise.
29.3. The decision by all things Digital is based on the factors surrounding the project in question and is non-negotiable.
29.4. These Terms and Conditions) are legally binding in accordance with the publishing date hereof, as incorporated on All Things Digital own website, and date of signing a product and/or service delivery Agreement(s) with All Things Digital.
