Terms

Web Design Terms and Conditions:

SME Advertising Intellectual Copyright: SME Advertising holds intellectual copyright of any material, including source code and original images created for the client until payment of the final invoice. At this time we will transfer this intellectual copyright to the client. Unless specified and agreed beforehand, an additional fee may apply for preparing and handing over native/source files of work done.

Clients Responsibilities with Regard to Copyright: In situations where the client provides images, text, animations, layouts or any other content for their web design they are legally responsible for ensuring that this material does not infringe any copyright.

Certain images provided by SME Advertising uses in a website design may have been purchased under license from stock image suppliers. These images are generally only licensed for use on a website and the license may not permit them to be used in publicity material. The website owner is legally responsible for ensuring that this does not happen. If you wish to use any images from the site for other purposes please contact us for clarification.

Registration Charges: All third party costs arising from the registration of a domain name shall be met by the Client. SME Advertising will register any domain names on behalf of the client so that they have full ownership of these but where we have registered a domain name on the client’s behalf we agree to transfer this domain name to the client immediately upon request and without charge.

Search Engine Promotion: If Search Engine Optimization has been agreed as part of the web design contract the client must be aware that SME Advertising are not responsible for ongoing web site promotion. Should the client require the site to be promoted on an ongoing basis a separate contract must be agreed. The order in which websites are ranked in the natural search results is controlled by the search engines. While during the web design we can optimize your site initially for this by making it search engine friendly, it is impossible to make any guarantees on ranking position.

Cancellation: Should the client wish to cancel the web design at any point during the process they shall remain liable for the work that has taken place and shall be invoiced accordingly.

Conceptualizing: Conceptualizing is the process of producing web design concepts for clients. Concepts can include site mock ups, graphics and design proposals. If it is not to your taste we may not be able to rework the web design without additional charges.

Estimates – The price estimated for web design is for the work specifically agreed on the estimate only. Should the client decide that changes are required after work on the web design has commenced there may be a surcharge.

Normal lead time is at least 7 – 12 working days unless specified otherwise. Surcharge may be charged for rush jobs. Surcharge charged from 20% of invoice.

Future Support: Your website will be handed over as a fully functioning, completed work. Unless it has been agreed beforehand, SME Advertising is not responsible for future support. Support can be provided upon request for an agreed fee.

Third party software products shall be supplied in accordance with the relevant licensor’s standard terms. The one-off licence fee for such Third Party Products is included in the charges payable as per vendor specifications.

As a courtesy, we may provide information about how to use certain third-party products (e.g. Outlook, Mail, etc), but we do not endorse or directly support third-party products and we are not responsible for the functions or reliability of such products. While we are able to provide assistance with configuration and basic troubleshooting for third party software, the amount of assistance that can be provided by SME Advertising Support beyond this is very limited. We are not responsible for the functionality of third party clients or their features. For advanced options or settings, it is recommended that you request assistance from your IT support or seek out the developing party for the third party software.

The Customer shall confirm, via email, confirmation of acceptance of the Site. In the event that any Acceptance Tests are not passed, the failures that cause the relevant tests to be failed (Defects) shall be drawn up and documented by the Service Provider and presented to the Customer for discussion on how best to rectify such Defects

If any defects result arise from a Defect which is caused by the Customer, or by one of the Customer’s sub-contractors or agents for whom the SME Advertising has no responsibility (Non-Service Provider Defect):

  • the Site shall be deemed to have passed the Acceptance Tests;
  • the Service Provider shall provide all assistance reasonably requested by the Customer in remedying any Non-Service Provider Defect by supplying additional services or products;
  • if such assistance is requested, the Customer shall pay the Service Provider in full for all such additional services and products at the Service Provider’s then current fees and prices.

Grace period: There is a 14-day grace period upon completion of the web design, where minor modifications to the site may be free (for example, graphical changes). However, major structural, content or graphical modifications are subject to a fee. To avoid these charges, a maintenance package can be purchased at any time.

Future Site Problems: Problems caused by malicious software, spyware, viruses and website hacking are a fact of life on today’s Internet. SME Advertising will make every effort to reduce the risk of this affecting your website, and SME Advertising will endeavor to protect it from this as much as we can during its creation, but after the website is handed over we cannot be held responsible for problems caused by illegal activity or the actions of others.

Access to Client Hosting Space: We may require ongoing access to our clients’ hosting space to allow us to support and monitor their websites. This access is via a user ID and password combination, which the client may change after the website is handed over. If the client chooses to change the password we will no longer have access to the website and further support will not be possible. We cannot be held responsible for any changes made to the website by the client or the client’s agents.

Legal: If at any point during the process of the web design a designer feels that the website is going to be used for an illegitimate purpose, then SME Advertising has the right to refuse to complete the website, this is for the protection of our clients, the consumer and ourselves, as we have a responsibility to all three.

Malicious Attacks: Once the website has been completed, we aim to keep extra costs at R0.00, however if there is any malicious activity on the website once it has been completed, then there will be additional costs to amend any issues with the website. There are ways to prevent this, for example we will give you FTP details, it is strongly advised that only professionals use this information to access the website, as modification of any of the files can cause major disruption, which will eventually lead to extra costs.

Compliance with eCommerce, Accessibility or Other Regulations: We do any web design in accordance with the client’s specifications. It is the client’s responsibility to ensure that the website and its content comply with current online trading laws and regulations.

We cannot accept responsibility for any failure to comply with laws and regulations related to accessibility, selling online or those related to a specific business or trade. We can research this on the client’s behalf upon request and at an additional cost, but in any business where complex compliance issues may exist we recommend that the client takes legal advice from their company lawyer or legal expert.

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