Website Design & Development Terms and Conditions
1. Acceptance of Terms
By accepting a quotation, paying a deposit, or instructing Polkadot Digital to commence work, the client agrees to the following Website Design & Development Terms and Conditions.
2. Quotations & Scope of Work
All quotations provided by Polkadot Digital are based on the information, requirements, and brief supplied by the client at the time of quoting.
Any additional functionality, revisions, integrations, strategy changes, or content requests outside the approved quotation scope may result in additional charges.
Polkadot Digital reserves the right to re-quote should the project scope materially change during the development process.
3. Payment Terms
A non-refundable deposit is required before any work will commence.
Unless otherwise agreed in writing:
- 50% deposit is payable upfront
- The remaining balance is payable prior to website launch or handover
Polkadot Digital reserves the right to pause development, withhold website launch, remove staging access, or suspend work should payments not be made on time.
All prices exclude VAT unless otherwise stated.
4. Project Timelines & Client Delays
Estimated timelines are dependent on the client supplying all required content, feedback, approvals, logins, and information timeously.
Any delays from the client automatically extend the estimated project timeline.
Polkadot Digital cannot be held responsible for missed deadlines caused by:
- delayed client feedback
- delayed content delivery
- delayed approvals
- third-party service providers
- hosting delays
- external technical issues
Websites need to be completed within a 6 month period. Any websites delayed due to the client and not live within this period will require:
- full payment of any outstanding balances; and
- an activation/recommencement fee of 10% of the total website value before development can continue.
Projects left inactive for extended periods may be archived, re-quoted, or rescheduled based on Polkadot Digital’s availability and updated pricing structures.
5. Content Supplied by Client
The client is responsible for supplying all required content including:
- text copy
- images
- videos
- branding assets
- logos
- documents
- product information
- legal pages
- policies
- contact details
Polkadot Digital is not responsible for delays caused by missing or incomplete content.
Unless otherwise agreed in writing, content writing, copywriting, photography, videography, product uploads, translations, and legal compliance documents are not included in website quotations.
6. Client Supplied Content & Copyright
The client confirms that all content supplied to Polkadot Digital for use on the website, including but not limited to images, videos, logos, fonts, documents, graphics, written content, and trademarks, is either owned by the client or properly licensed for commercial use.
Polkadot Digital will not be held liable for any copyright infringement, licensing disputes, penalties, claims, or legal action arising from content supplied by the client or requested by the client to be uploaded to the website.
Should the client request that Polkadot Digital source or upload any third-party images, media, fonts, or content, the client accepts full responsibility for ensuring that the appropriate licenses and permissions have been obtained unless otherwise agreed in writing that Polkadot Digital will purchase the required licenses on the client’s behalf.
The client indemnifies and holds harmless Polkadot Digital, its directors, employees, and contractors against any claims, damages, legal costs, or liabilities arising from the use of unlicensed or unauthorised content supplied by the client.
Where free stock image platforms are used, licensing terms remain subject to the third-party provider’s terms and may change over time. Polkadot Digital is not responsible for future licensing changes or misuse of stock imagery outside the scope of the website project.
7. Revisions & Amendments
Website quotations include reasonable revisions as outlined in the quotation.
Additional revision rounds, redesign requests, structural changes, or major amendments after approval may be billed separately.
Polkadot Digital reserves the right to determine whether a requested change falls outside the original agreed scope.
8. Website Approval & Launch
The client is responsible for reviewing and approving the website before launch.
Approval via email, WhatsApp, written confirmation, or instruction to go live constitutes final acceptance of the website.
Once the website has been approved and launched:
- responsibility for ongoing content accuracy transfers to the client;
- any future amendments or fixes may be billable unless included in a maintenance agreement.
Any issues, omissions, or errors not reported within 7 days of launch shall be deemed accepted by the client.
9. Third-Party Software, Plugins & Integrations
Websites may make use of third-party software, plugins, themes, APIs, payment gateways, hosting providers, or integrations.
While Polkadot Digital takes reasonable care when recommending or installing third-party tools, we cannot guarantee their ongoing:
- compatibility
- functionality
- security
- performance
- support
- availability
Polkadot Digital will not be held liable for issues caused by:
- third-party plugin conflicts
- software updates
- API failures
- hosting environments
- browser updates
- discontinued software
- external service outages
- cybersecurity vulnerabilities
Any third-party subscription fees, licensing fees, renewals, hosting costs, or software charges remain the responsibility of the client unless otherwise agreed in writing.
10. Hosting, Domains & Email
Unless otherwise agreed:
- hosting
- domains
- SSL certificates
- email hosting
- DNS management
are not included in website quotations.
Where Polkadot Digital assists with setup or configuration, ownership and payment responsibility remain with the client.
Polkadot Digital cannot guarantee uninterrupted hosting uptime, server availability, email deliverability, or third-party hosting performance.
11. Browser & Device Compatibility
Websites are developed and tested using current versions of major modern browsers and devices.
Polkadot Digital does not guarantee identical functionality or appearance across:
- all browsers
- operating systems
- screen sizes
- future software updates
- legacy devices
Minor visual differences between browsers and devices may occur.
12. SEO & Performance Disclaimer
Polkadot Digital follows general SEO-friendly and performance best practices during development where applicable.
However, Polkadot Digital does not guarantee:
- search engine rankings
- Google indexing
- website traffic
- lead generation
- sales performance
- conversion rates
- PageSpeed scores
- SEO performance
SEO is an ongoing marketing service and may require additional optimisation beyond the website build itself.
13. Security, Backups & Malware
While reasonable care may be taken to improve website security, Polkadot Digital cannot guarantee that websites will be free from:
- hacking
- malware
- cyberattacks
- data breaches
- spam
- server failures
- software vulnerabilities
Unless included within a maintenance agreement, the client remains responsible for:
- backups
- security monitoring
- plugin updates
- website maintenance
Polkadot Digital will not be liable for any data loss, downtime, hacking incidents, or damages resulting from third-party attacks or software vulnerabilities.
14. Maintenance & Future Updates
Unless otherwise agreed in writing, website maintenance is not included after launch.
Future updates, content changes, bug fixes, plugin updates, backups, security work, or additional development requests will be billed separately.
Maintenance turnaround times may vary depending on workload and request complexity.
15. Legal Compliance
The client is solely responsible for ensuring that the website complies with all applicable laws and regulations, including but not limited to:
- POPIA
- GDPR
- cookie policies
- privacy policies
- accessibility requirements
- e-commerce legislation
- industry regulations
Polkadot Digital is not liable for legal compliance issues arising from website content, data collection practices, or client business operations.
16. Limitation of Liability
To the maximum extent permitted by law, Polkadot Digital shall not be liable for:
- indirect damages
- loss of profits
- business interruption
- loss of data
- reputational damage
- lost sales
- third-party claims
- consequential damages
The client agrees that Polkadot Digital’s total liability relating to any website project shall not exceed the total amount paid by the client for the specific project.
17. Termination
Polkadot Digital reserves the right to terminate or suspend services where:
- payments remain outstanding;
- communication breaks down;
- abusive or threatening behaviour occurs;
- project requirements materially change;
- the client breaches these terms.
Deposits and payments made are non-refundable once work has commenced.
Should a project be cancelled after development has started, all work completed up to that stage remains payable.
18. Intellectual Property
All design concepts, graphics, source files, development processes, and intellectual property created by Polkadot Digital remain the property of Polkadot Digital until full payment has been received.
Upon final payment, the client receives rights to the final approved website deliverables excluding:
- third-party software
- licensed assets
- proprietary tools
- stock assets subject to external licensing
Polkadot Digital reserves the right to showcase completed projects within its portfolio and marketing materials unless otherwise agreed in writing.
19. Acceptance
By accepting a quotation, paying a deposit, or proceeding with the project, the client confirms that they have read, understood, and agreed to these Website Design & Development Terms and Conditions.