Terms and Conditions of Use
The following terms and conditions apply to all website development / design services provided by Polka Dot Digital to the Client.
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.
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.
- 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.
- 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.
- 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.
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.
- 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.
- 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.
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.
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.
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.
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.
- 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.
- 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.
- 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.
- 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.
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.
- Governing Law
This Agreement shall be governed by South African Law, Jurisdiction being Johannesburg, South Africa.
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.
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,
- 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.