CONTENT WRITING TERMS & CONDITIONS OF USE

  1. DEPOSIT: 50% of the complete project fee is due upon accepting the quote. The work will only commence once the initial deposit has been paid. The deposit is non-refundable once the work had begun even if the project is cancelled.
  2. LATE FEES: If payment is not received in full be the due date of the invoice, Polkadot Digital will charge a percentage late fee per piece of content for every week the invoice is outstanding.
  3. PRIORITY WORK: A fee will be added to the total project cost for priority content pieces or if the work must be completed within 24 hours. If this timeframe falls over a weekend or public holiday the priority fee will be increased.
  4. DRAFTS: Each client receives two drafts followed by the final version. If you require more content changes after the second revision an hourly charge will be added to the cost total. The final copy will be sent once final payment has been made.
  5. CHANGES: Changes or additions to the drafts must be mentioned by the client within 14 days of receiving the draft. We will adhere to your changes and comments as best as possible and do all we can to get in touch with you within the 14 days.
  6. CONTENT WRITING: All content written by Polkadot Digital remains as our intellectual property until the final payment is made in full and then becomes the property of the client. Due to this, Polkadot Digital takes no responsibility for content that is changed after the final payment has been received as it is now the clients’ property. All copies/drafts of the content will be sent in Word format and clients are able to make any changes they wish once they have received the final copy.

TERMS AND CONDITIONS OF USE

1. Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

2. Use License

1. Permission is granted to temporarily download one copy of the materials (information or software) on Polka dot Digital’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  1. modify or copy the materials;
  2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  3. attempt to decompile or reverse engineer any software contained on Polka dot Digital’s web site;
  4. remove any copyright or other proprietary notations from the materials; or
  5. transfer the materials to another person or “mirror” the materials on any other server.

2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Polka dot Digital at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

1. The materials on Polka dot Digital’s web site are provided “as is”. Polka dot Digital makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Polka dot Digital does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall Polka dot Digital or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Polka dot Digital’s Internet site, even if Polka dot Digital or a Polka dot Digital authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on Polka dot Digital’s web site could include technical, typographical, or photographic errors. Polka dot Digital does not warrant that any of the materials on its web site are accurate, complete, or current. Polka dot Digital may make changes to the materials contained on its web site at any time without notice. Polka dot Digital does not, however, make any commitment to update the materials.

6. Links

Polka dot Digital has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Polka dot Digital of the site. Use of any such linked web site is at the user’s own risk.

7. Site Terms of Use Modifications

Polka dot Digital may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Governing Law

Any claim relating to Polka dot Digital’s web site shall be governed by the laws of the State of Johannesburg without regard to its conflict of law provisions.
General Terms and Conditions applicable to Use of a Web Site.

Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

  • Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
  • We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
  • We will only retain personal information as long as necessary for the fulfillment of those purposes.
  • We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
  • Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
  • We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
  • We will make readily available to customers information about our policies and practices relating to the management of personal information.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

PRIVACY POLICY

Last updated: June 28, 2021

This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.

We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.

INTERPRETATION AND DEFINITIONS

INTERPRETATION

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

DEFINITIONS

For the purposes of this Privacy Policy:

  • Account means a unique account created for You to access our Service or parts of our Service.
  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Polkadot Digital, 392 Main Rd, Bryanston, Sandton, 2191.
  • Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
  • Country refers to: South Africa
  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  • Personal Data is any information that relates to an identified or identifiable individual.
  • Service refers to the Website.
  • Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the
  • Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
  • Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
  • Website refers to Polkadot Digital, accessible from https://polkadotdigital.co.za/
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

COLLECTING AND USING YOUR PERSONAL DATA

TYPES OF DATA COLLECTED
PERSONAL DATA

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

  • Email address
  • First name and last name
  • Phone number
  • Usage Data
  • USAGE DATA

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

TRACKING TECHNOLOGIES AND COOKIES

We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. The technologies We use may include:

  • Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all
  • Cookies or to indicate when a Cookie is being sent.
  • However, if You do not accept Cookies, You may not be able to use some parts of our Service. Unless you have adjusted Your browser setting so that it will refuse Cookies, our Service may use Cookies.
  • Flash Cookies. Certain features of our Service may use local stored objects (or Flash Cookies) to collect and store information about Your preferences or Your activity on our Service. Flash Cookies are not managed by the same browser settings as those used for Browser Cookies. For more information on how You can delete Flash Cookies, please read “Where can I change the settings for disabling, or deleting local shared objects?” available at https://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html#main_Where_can_I_change_the_settings_for_disabling__or_deleting_local_shared_objects_
    Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).

Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. Learn more about cookies: What Are Cookies?.

We use both Session and Persistent Cookies for the purposes set out below:

Necessary / Essential Cookies

Type: Session Cookies

Administered by: Us

Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.

COOKIES POLICY / NOTICE ACCEPTANCE COOKIES

Type: Persistent Cookies

Administered by: Us

Purpose: These Cookies identify if users have accepted the use of cookies on the Website.

Functionality Cookies

Type: Persistent Cookies

Administered by: Us

Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.

For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.

USE OF YOUR PERSONAL DATA

The Company may use Personal Data for the following purposes:

  • To provide and maintain our Service, including to monitor the usage of our Service.
  • To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
  • For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
  • To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
  • To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
  • To manage Your requests: To attend and manage Your requests to Us.
  • For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
  • For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.

We may share Your personal information in the following situations:

  • With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
  • For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
  • With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
  • With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
  • With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
  • With Your consent: We may disclose Your personal information for any other purpose with Your consent.

RETENTION OF YOUR PERSONAL DATA

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

TRANSFER OF YOUR PERSONAL DATA

Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

DISCLOSURE OF YOUR PERSONAL DATA

BUSINESS TRANSACTIONS

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

LAW ENFORCEMENT

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

OTHER LEGAL REQUIREMENTS

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

  • Comply with a legal obligation
  • Protect and defend the rights or property of the Company
  • Prevent or investigate possible wrongdoing in connection with the Service
  • Protect the personal safety of Users of the Service or the public
  • Protect against legal liability

SECURITY OF YOUR PERSONAL DATA

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

CHILDREN’S PRIVACY

Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.

LINKS TO OTHER WEBSITES

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party’s site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

CHANGES TO THIS PRIVACY POLICY

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the “Last updated” date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

CONTACT US

If you have any questions about this Privacy Policy, You can contact us:

By email: hello@polkadotdigital.co.za

GOOGLE ADS TERMS & CONDITIONS OF USE

  1. The first month management fee and ad spend is payable in full before the setup of your Google AdWords accounts will begin.
  2. The Management Fee for your Google AdWords account will be charged in advanced on a monthly basis.
  3. Polka Dot Digital will pay the ad spend directly to Google for the campaign, no percentage of this spend will be taken for Polka Dot Digital.
  4. Polka Dot Digital reserves the right to stop managing your Google AdWords account and terminate this Agreement at any time by written (or email) notice to you. If this occurs your Polka Dot Digital monthly management fee will stop immediately and no further payments will be charged.
  5. This is a 3 month contract. You can suspend or cancel your management of your AdWords accounts after this 3 month period is complete, thereafter we will require 1 month calendar notice in writing .

Please note that if you wish to pause your management of your AdWords accounts then your Google advertising must also be paused (which we will arrange).

  1. Upon cancelling management, all amounts owing to Polka Dot Digital will need to be paid in full; any outstanding amounts will be due within 7 business days of cancellation.
  2. Upon cancellation, Polkadot Digital reserves the right to withhold full access to your AdWords account to maintain our intellectual property. If requested, we will supply with read only access.
  3. Polka Dot Digital reserves the right to engage a debt collector at your expense if there are any unpaid invoices overdue by 60 days.
  4. By entering this Agreement with Polka Dot Digital you give us permission to access your Google AdWords account for the purposes of optimisation and management of your online business.
  5. Polka Dot Digital will endeavour to set up your AdWords accounts as soon as possible, however in some cases it may take up to 5-7 days to complete set up of your new account.
  6. You can pause your management services for up to 4 weeks. A pause that extends longer than this period will become a cancellation and 30 days’ notice to cancel will apply.
  7. These Terms and Conditions can be modified at any time by Polka Dot Digital. You agree to continue to be bound by these Terms and Conditions as modified. We will publish the revised Terms and Conditions on our website – we will not separately notify you of these changes.
  8. By paying the initial deposit, you agree to the Terms & Conditions on this page.

WEBSITE TERMS & CONDITIONS OF USE

The following terms and conditions apply to all website development/design services provided by Polka Dot Digital to the Client.

  1. Acceptance

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

  1. Charges

Charges for services to be provided by Polka Dot Digital are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Polka Dot Digital has the right to alter or decline to provide a quotation after expiry of the 30 days.

Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work is supplied to the Client for review. A second charge of fifty (50) percent is required upon completion of the work, prior to upload to the server or release of materials.

Payment for services is due by bank transfer. Cheques should be made payable to Polka Dot Digital. Bank details will be made available on invoices.

  1. Client Review

Polka Dot 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. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Polka Dot Digital otherwise within fourteen (14) days of the date the materials are made available to the Client. After fourteen (14) days, changes to the design will be charged at an hourly rate.

  1. Turnaround Time and Content Control

Polka Dot Digital will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon Polka Dot Digital receiving initial payment, unless a delay is specifically requested by the Client and agreed by Polka Dot Digital.

During the project, Polka Dot Digital will require the Client to provide website content; text, images, movies and sound files.

Websites need to be completed within a 6 month period, any websites (due to the client) which are not live within this period will need to pay the full outstanding amount due and an activation fee of 10%  of the websites total value to continue development.

  1. Failure to provide required website content:

Polka Dot Digital is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.

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 in the agreed time, your website deadline will be pushed out.

  1. Payment

Invoices will be provided by Polka Dot Digital upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%).

If the client would like to utilize one of our monthly payment plans, it is a requirement the client must host the website with Polkadot Digital. If the client fails to make payment on any instalment, the website will be taken down after 30 days.

  1. Additional Expenses

Client agrees to reimburse Polka Dot Digital for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.

  1. Web Browsers

Polka Dot Digital makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome, etc.). Client agrees that Polka Dot Digital cannot guarantee correct functionality with all browser software across different operating systems.

Polka Dot 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, Polka Dot 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.

  1. Default

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Polka Dot Digital’s Web space, Polka Dot Digital will, at its discretion, remove all such material from its web space. Polka Dot Digital is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Clients with accounts in default agree to pay Polka Dot Digital reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Polka Dot Digital in enforcing these Terms and Conditions.

  1. Termination

Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

  1. Indemnity

All Polka Dot Digital services may be used for lawful purposes only. You agree to indemnify and hold Polka Dot Digital harmless from any claims resulting from your use of our service that damages you or any other party.

  1. Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Polka Dot Digital the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Polka Dot Digital permission and rights for use of the same and agrees to indemnify and hold harmless Polka Dot Digital from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Polka Dot Digital that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

  1. Design Credit

A link to Polka Dot 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. The Client also agrees that the website developed for the Client may be presented in Polka Dot Digital’s portfolio.

  1. Access Requirements

If the Client’s website is to be installed on a third-party server, Polka Dot 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.

  1. Post-Placement Alterations

Polka Dot 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.

  1. Domain Names

Polka Dot Digital may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Polka Dot Digital. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

  1. General

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.

  1. Governing Law

This Agreement shall be governed by South African Law, Jurisdiction being Johannesburg, South Africa.

  1. Liability

Polka Dot Digital hereby excludes itself, its Employees and or Agents from all and any liability from:

  • Loss or damage caused by any inaccuracy;
  • Loss or damage caused by omission;
  • Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
  • Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.

The entire liability of Polka Dot Digital to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

  1. Severability
    In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid,

  2.  Backups and Errors
    We will not be held liable for any error or breakage occurring on the client’s website if Polkadot Digital:

    • Has given over admin logins of the website to the client
    • Is not hosting the website
    • Does not maintain the website via a maintenance plan

    This applies if any one or more of the above conditions are met.

    Polkadot Digital is not required to keep any form of backup of the client’s website if:

    • A backup is not specifically requested from the client
    • Polkadot Digital is not hosting the website
    • Polkadot Digital does not maintain the website via a maintenance plan

    This applies if any one or more of the above conditions are met.

  3. Ownership
    Once you have paid us in full for our work we grant you the admin logins for the website and contents for the life of the website.

Social Media Terms & Conditions of Use

  1. The first month management fee and social media spend is payable in full before the setup of your Social Media accounts will begin.
  2. The Management Fee for your Social Media account will be charged in advanced on a monthly basis.
  3. Polka Dot Digital reserves the right to stop managing your Social Media account and terminate this Agreement at any time by written (or email) notice to you. If this occurs your Polka Dot Digital monthly management fee will stop immediately and no further payments will be charged.
  4. This is a 1 month contract. You can suspend or cancel your management of your Social Media accounts after this 1 month period is complete, thereafter we will require 1 month calendar notice in writing.
  5. Upon cancelling management, all amounts owing to Polka Dot Digital will need to be paid in full; any outstanding amounts will be due within 7 business days of cancellation.
  6. Polka Dot Digital reserves the right to engage a debt collector at your expense if there are any unpaid invoices overdue by 60 days.
  7. By entering this Agreement with Polka Dot Digital you give us permission to access your Social Media accounts for the purposes of optimisation and management of your online business.
  8. Polka Dot Digital will endeavour to set up your Social Media accounts as soon as possible, however in some cases it may take up to 5-7 days to complete set up of your new account/s.
  9. You can pause your management services for up to 4 weeks. A pause that extends longer than this period will become a cancellation and 30 days’ notice to cancel will apply.
  10. These Terms and Conditions can be modified at any time by Polka Dot Digital. You agree to continue to be bound by these Terms and Conditions as modified. We will publish the revised Terms and Conditions on our website – we will not separately notify you of these changes.

Graphics design Terms & Conditions of Use

Work: The Designer agrees to produce project materials (the “Work”) at the request of the client for fees agrees upon in advance and delivery of the Work by an agreed-upon deadline. Designer agrees that he will be the sole author of the Work, which will be original work and free of plagiarism. Designer will cooperate with Client in editing and otherwise reviewing the Work prior to completion and launch.

Confidentiality: Designer acknowledges that he may receive or have access to information which relates to the Client’s past, present, or future products, vendor lists, creative works, marketing strategies, pending projects/proposals, and other proprietary information. Designer agrees to protect the confidentiality of the Client’s proprietary information and all physical forms thereof, whether disclosed to Designer before this Agreement is signed or afterward. Unless strict confidentiality is requested by Client in advance of the establishment of this contract, Designer can display materials and final work created for Client on the Designer’s website

Compensation: Client agrees to pay Designer 50% of the total project cost before any services are provided, and the remaining 50% is to be paid before any workable files are delivered. If the parameters of the Work change, or if it involves more time than estimated, Designer will inform Client and they can renegotiate the Work’s cost. Designer is responsible for the payment of all federal, state, and/or local taxes with respect to the services he performs for the client as an independent contractor. The Client will not treat Designer as an employee for any purpose.

Client Approval: Upon acceptance of the Work, Client accepts responsibility for any further processes in which this work is used (e.g. film outpost, printing, etc.) Designer is not responsible for errors occurring in this work or projects related to this work after acceptance of the Work by the Client.

Cancellation: Both parties understand that Client or Designer may terminate the service at any time if, for any reason, the relationship is deemed unsatisfactory by either party. Upon written or verbal cancellation, Client is responsible for payment for all expenses incurred and any work done towards the completion of the project based on the percentage of the project completed that is determined by Designer. Should Client cancel the project following its completion, Client is responsible for full payment as per the agreed upon estimate plus all expenses incurred. In the event of cancellation, Designer retains ownership of all copyrights and original work created.

Acceptance of Terms: Client promises to pay for the services rendered by Designer for the Work as agreed upon. By paying for the initial 50% deposit, Client agrees they have read, understood, and are considered legally bonded to these terms.

WEBSITE HOSTING Terms & Conditions of Use

By making use of Polkadot Digital website hosting service you agree to be bound by our Standard Terms and conditions.

  1. Your agreement commences from the time that your service is added to the servers and continues until either party terminates the agreement.
  2. You are required to give 1 calendar month written notice of cancellation for hosting services. You may request immediate transfer of the domain, but you will therefore still be liable to pay for that final month’s hosting fee in full.
  3. It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify us of your desire to cancel any or all services received, those services will be billed on a recurring basis.
  4. Please note that fees payable for domain registration and renewal costs are non-refundable.
  5. We provide a 30 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 30 days will result in account and service suspension until account balance has been paid in full. Access to the account will not be restored until all outstanding payments have been received. We do not charge a reactivation fee.
  6. Non-payment of outstanding service fee invoices will result in termination of the hosting service. There is no guarantee that a backup will be available.
  7. Upon termination or expiry of this agreement, we may delete all of your data from any of our web hosting servers
  8. We will not give out or change passwords except when requested in writing by the Client, or after a breach of account. Client will keep secure any and all passwords used to upload and change data.
  9. You will be charged for your web site hosting services in accordance to the current price list.
  10. From time to time, there may be scheduled maintenance to the servers. The scheduled maintenance may require the service to be offline for some time.
  11. We use the services of a third party registrar to register domains. The registration is subject to the terms of the relevant registrar. Registration, maintenance, or transfer of a domain name is subject to the terms of the relevant registry governing the domain name.
  12. We reserve the right to refuse service to anyone for any reason not prohibited by law. We reserve the right to terminate service to any customer for any reason not prohibited by law.

WEBSITE MAINTENANCE Terms & Conditions of Use

The following terms and conditions apply to all website maintenance services provided by Polkadot Digital to the Client.

  1. All clients enter into a website maintenance contract a 3 month period. Thereafter clients may terminate this agreement at any time with 30 days written notice.
  2. Website maintenance consists of the following items:
    – Updates on websites (WordPress, Plugins & Themes)
    – Updates on copy/text, pricing and images
    – Updating blog posts
    – Adding new products and categories
    – Removing copy/text and images
    – Adding new pages on your existing website
  3. Hours that have not been used will roll over to the following month. All hours that have not been used in the month cannot be exchanged for cash.
  4. The following items are not included in the maintenance package:
    – Adding a shop/e-commerce functionality to an existing website
    – Adding paid plugins
    – Any high-level development
  5. If your hours have finished during the month, you are able to use hours in your next month. However, you may only do this for one consecutive month.
    If you do not wish to use the following month’s hours, an additional fee of R400 ex VAT per hour will be charged.
  6. If you have logins to the website and the website breaks, you may be charged an additional fee depending on the severity issue
  7. Maintenance does not mean “eyes on the website” all the time and issues on the website will still need to be reported.
  8. Development issues may be charged separately depending on the level of fault.
  9. All clients on maintenance will need to provide FTP and cPanel details as Polkadot Digital will need run updates on the backend.
  10. A client who is not hosting with us, acknowledges that Polkadot Digital will not be held responsible for server issues, e.g: “down time”

Video Terms & Conditions of Use

Polkadot Digital agrees to produce the video at the request of the client for fees agrees upon in advance and delivery of the project by an agreed-upon deadline. Polkadot Digital agrees that we will be the sole author of the project, which will be original work and free of plagiarism. Polkadot Digital will cooperate with Client in editing and otherwise reviewing the video prior to completion and launch.

COMPENSATION: Client agrees to pay Polkadot Digital 50% of the total project cost before any services are provided, and the remaining 50% is to be paid before any workable files are delivered. If the parameters of the project change, or if it involves more time than estimated, Polkadot Digital will inform Client and they can renegotiate the project cost.

CANCELLATION: Both parties understand that Client or Polkadot Digital may terminate the service at any time if, for any reason, the relationship is deemed unsatisfactory by either party. Upon written or verbal cancellation, Client is responsible for payment for all expenses incurred and any work done towards the completion of the project based on the percentage of the project completed that is determined by Polkadot Digital. Should Client cancel the project following its completion, Client is responsible for full payment as per the agreed upon estimate plus all expenses incurred. In the event of cancellation, Polkadot Digital retains ownership of all copyrights and original work created.

RIGHTS TO INCLUDED MATERIAL: Client warrants that he or she has the legal rights to all video materials including live action, voices, photographs, audiotapes, or any other elements delivered to Polkadot Digital for inclusion in the production.

Client shall indemnify and hold Polkadot Digital harmless for any loss, damage, or liability for any infringement of any rights arising from the use or sale of videos that Client hires us to produce, edit, or duplicate.

RESPONSIBILITY FOR CLIENT-FURNISHED MATERIALS: Although Polkadot Digital takes utmost care with clients video files, photographs, videotapes, artwork, and other materials for inclusion in the video, Polkadot Digital responsibility for lost or damaged materials extends only to the cost of raw stock and processing. Provider shall not be liable for losses due to causes beyond our control.

EDITING: Original material will be edited at Polkadot Digital’s discretion. Certain Photos and printed Material may be cropped in order to fit for purpose. All Edited Master File(s), Video(s) of Clients production are stored with us for 1 months for the purpose of making additional copies.

LIMITATIONS OF LIABILITY: After client has viewed completed video and accepts deliverables based on conformance to this contract. Any requested stylistic changes, video or music editing changes insertions, or deletions, shall be considered “Additional Editing.” and currently editing costs are R400 per hour ex VAT.

ACCEPTANCE: By paying for the initial 50% deposit, Client agrees they have read, understood, and are considered legally bonded to these terms.

 

IMPORTANT: Please remember we need all material 1 to 2 weeks prior to the due date, and to have all of your video files, photos, slides, film and video in the proper order. Also, remember to make sure you’ve included all the materials you wish to appear in your Video Project, and that all titles we use are readable. As soon as we receive your material we begin the production. Any insertions, deletions, corrections or additions after the project is completed will result in additional editing time.

 

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