Terms and Conditions

The following terms and conditions of trading are the standard terms and conditions that must be adhered to by all customers in order for the designer (Focus Poynt) to conduct business with the customer. No booking can be made or work begun until the client pays the required deposit as stated and by doing so it is an understanding that the client fully agrees to the terms and conditions of trading as outlined below.

 

1. PROJECT DESCRIPTION
The designer is hereby commissioned by the customer, to compile a project in accordance with the stipulations contained in the invoice/quote which forms part of this agreement and subject to the terms and conditions herein.

 

2. PAYMENT
The customer shall pay to the designer the agreed assignment price as follows:

  • Fifty percent (50%) deposit within 7 days of invoice before work commences.
  • Fifty percent (50%) final payment on completion of project on delivery but before final handover.
  • Payments are to be made by EFT unless otherwise agreed by client and the designer.
  • Payments not made within the required number of days may incur additional fees if necessary, or new pricing if a rates increase has occurred since the initial date of invoice, and payment deadline has not been met by the customer.

 

3. QUOTATIONS
Prices quoted either in an official quotation, email, message or verbally are valid for 30 days. Any other/extra pages or features other than the original scope will need to be quoted on separately or requoted on.

 

4. CANCELLATIONS
Should the client wish to cancel their service the designer will refund the client, less/excluding the amounts for any work or consultations completed to date, any discounts allowed, plus a R500 handling fee. The client must advise the designer in writing of the request not to proceed with work.

 

5. VARIATION
Any variation by the customer in respect of its requirements or specifications regarding the project after the quote has been accepted, must be in writing and be agreed upon in writing on or signed by both parties before it is valid. The customer undertakes to pay any additional costs and/or a variation fee in respect of any variation.

 

6. DELAYS
The customer will be liable for any costs of any delay caused by the customer. The project deadline can be extended by the designer with the same time period as the delay. Should the designer be unable to complete the website, within 30 days of the client accepting the quote and paying a deposit, due to the client’s inability to supply the necessary documentation, then the designer reserves the right to invoice the client for any work completed to date.

 

7. SUBCONTRACT
The designer shall be entitled to subcontract any portion of the agreement.

 

8. SUPPLY OF CONTENT
Any photos or text will need to be supplied in electronic format either via email, file transfer or on CD/USB. Extra costs may be incurred for collecting of content or typing up of written text.

 

9. INTELLECTUAL PROPERTY
The designer’s rights and interest to the source files are ceded and transferred to the customer once the customer has paid all agreed amounts regarding the project.

 

10. HOSTING

  1. Focus Poynt provides website hosting services as part of our offerings. By purchasing our hosting services, you agree to the terms outlined in this section.
  2. While we strive to maintain high levels of uptime and ensure the reliability of our hosting services, we do not guarantee that the hosting services will be uninterrupted, error-free, or secure at all times. Scheduled maintenance and other technical factors may affect the availability of the hosting services.
  3. You are responsible for the content hosted on your website and must ensure that it complies with all applicable laws and regulations. You must not use the hosting services to store or transmit any unlawful, infringing, or harmful content.
  4. While Focus Poynt may perform routine backups of data, you are ultimately responsible for maintaining adequate backups of your content. We do not guarantee the availability or restoration of lost data.
  5. Hosting services provided by Focus Poynt are subject to reasonable resource usage limits. Excessive use of server resources that may impact other clients may result in temporary suspension or termination of hosting services. We will provide notice and work with you to resolve any issues related to excessive resource usage.
  6. We reserve the right to suspend or terminate hosting services if we determine that there has been a violation of these terms or any applicable laws. You may also terminate the hosting services at any time, subject to any applicable fees and notice periods.
  7. Focus Poynt shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or inability to use the hosting services, including, but not limited to, damages for loss of profits, data, or other intangibles, even if we have been advised of the possibility of such damages.

 

11. LIMITED LIABILITY
The designer shall not be liable, in terms of this agreement, in delict, contract, warranty or otherwise for any consequential or direct damages or losses suffered by the customer or any third party which is more than the net revenue received from the customer in terms of this agreement. Irrespective of any other provision contained in this agreement, the designer shall not be liable to the customer for any claim whatsoever by the customer or any third party, unless the claim is instituted within three months after the cause of action arose.

 

12. BREACH OF CONTRACT
Not withstanding any other rights or remedies in law which the parties have, in case of breach of contract, the other party shall have the right to terminate the agreement after giving the defaulting party seven days written notice to rectify such breach and the defaulting party has failed to do so. Notice by email or fax is sufficient.

 

13. CONFIDENTIALITY
The parties shall hold in confidence all confidential information received from each other and not divulge any confidential information to any person, including any of its employees or subcontractors, save for employees or subcontractors directly involved with the execution of this agreement.

 

14. FACTORS BEYOND THE CONTROL
The designer shall not be liable for failure to perform any of its obligations in so far as such failure was due to an impediment beyond its control like inter alia network failure, power failure, weather etc.

 

15. NO MAINTENANCE OR TECHNICAL SUPPORT
This standard agreement does not include any maintenance or technical support by the designer pertaining to any project. These services can be provided by the designer after the project is completed in terms of a separate agreement.

 

16. CLIENT RESPONSIBILITIES
The customer shall be responsible for providing content and information to the designer in a correct and timely manner and customer undertakes to provide the designer with the necessary assistance and access to perform in terms of the agreement.

 

17. WHOLE AGREEMENT
This agreement constitutes the whole agreement between the parties and supersedes all prior verbal or written agreements or understandings or representations between the parties regarding the subject matter of this agreement, and the parties will not be entitled to rely, in any dispute regarding this agreement, on any terms, conditions or representations not explicitly contained in this agreement.

 

18. NO VARIATION CLAUSE
No variation or addition to this agreement will be of any force or affect unless reduced to writing and agreed to in writing by both parties or signed by both parties.

 

19. NO WARRANTY CLAUSE
The designer has not given any warranty or made any representation to the customer other than those which are explicitly set out in this agreement.

 

20. NO WAIVER CLAUSE
Any indulgence leniency or extension of a right by either party shall be without prejudice and shall not be a waiver of any rights.

 

21. DEFAULT LEGAL COSTS
In case of any legal action in respect of a dispute pertaining this agreement, the customer shall be liable to pay the legal costs of the designer on attorney and client scale.

 

Last updated on Wednesday 18 September 2024

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