Terms and Conditions

By continuing to browse this website and work with The Marketing Techy and Bertrand van der Berg you agree to the follow terms and conditions:

Website Development:

AGREEMENT

The purpose of this agreement is to define the expectations, goals and workflow for the development and management of your company website, as well as disclaim the limited liabilities and legal information involved with creating a website.

Bertrand van der Berg t/a The Marketing Techy specialises in websites and digital marketing for businesses. Each project might include research, design, development, maintenance and technical support. Websites should be considered an on-going investment in the “online presence” of your company.

Nothing in this Agreement shall be construed as creating an employment relationship. The Marketing Techy will perform services under this Agreement solely as a contractor to Client.

Project Goals
1. The Marketing Techy will create a modern, easy-to-navigate, mobile-friendly website, effectively presenting the products and/or services offered by your business.
2. Your site will be built on a WordPress platform, facilitating content updates and future maintenance. Fresh content plays a part in search engine placement, and gives visitors an incentive to return to your site, with the intention of converting them into contacts/customers.

Additional Options/Components:
The following options are available. Additional fees apply.
Domain registration and web hosting packages. Web hosting will be billed monthly. Domain registrations and renewals are billed annually.
Purchase of stock photography. High-quality stock photos can be purchased on your behalf, to be added to your site. Additional purchasing/licensing charges will be billed separately, with client approval.
SEO, email and social marketing services are not part of the web design package, but may be obtained as an optional extra.
Monthly site maintenance with content Updates and Security. The Marketing Techy strongly encourages a monthly maintenance plan for your site. This allows you to maintain your website on an ongoing basis. Additionally, backups, software and database updates and security upgrades need to be done regularly, to protect your from hackers, malware and server issues. Most clients understand the value and importance of a monthly maintenance plan. The monthly management plan is optional and there is no long term contract. Billing is month-to-month, and can be discontinued by either party at any time.

Website Design Package Includes:
CUSTOM WEBSITE DESIGN PACKAGE:
• Determine optimum hosting requirements; secure domain and set up hosting (Optional extra billed separately).
• Install WordPress, initial theme, various plugins, and frameworks
• Design site concept and content layout (limited to 1-2 concepts with max 4 rounds of revisions) by
customising theme code
• Install and format client-provided content to build non-shop pages
Formatting of client-provided images on non-shop pages
For E-Commerce websites:
• Set up shop categories
• Provide initial data entry to create partial “sample” shop inventory (up to 5 categories, 2 products per
category, 2 variations of each product) including descriptions, sizes, colors, related items, specials and featured
items
• Set up Shopping Cart functionality and Payment Gateway
• Training for Data Entry of e-commerce inventory – OR – Firm can arrange for sub-contracted remaining data
entry effort
All websites:
• Basic WordPress plugins
• Launch of your site to your hosted domain

Estimated turnaround*: 9 – 10 weeks, after all content and images are received
* Please note that prompt feedback from the Client is critical to avoid project delays.

Optional Maintenance Plan includes:
• Update and monitor security software to protect site from malware and hackers.
Website and Database Backup with local and cloud-based copies, and fast-restore capabilities
WordPress Theme and Plugin Updates
Site Security Assessment and Updates
• Provide up to 2 hours maximum of content changes per month.
Note: Monthly Maintenance includes up to 2 hours of time to be used towards any small coding changes. This does not
include website redesign, custom images or artwork, any custom scripting, or any single task that would take more than 2
hours of time to complete.
*A BASIC package is also available that does NOT include the 2 hours of content changes.

Optional SEO Plan Includes:
Separate fees apply. See pricing chart below.)
AwesomeSEOProvider is a full service SEO Company that delivers excellent results for our clients while
offering an affordable internet marketing solution. All of our SEO packages provide the following activities:
Comprehensive Website Analysis And Error Analysis.
Flexibility And Support
Proven Results
No Long Term Contracts
We are so sure of our SEO services that we offer them to you on a month-to-month basis. This allows you the
freedom to try us out without getting stuck in a long terms contract.

Warranty
The Marketing Techy warrants to Client that work performed under this Agreement will be of the highest quality, fully compliant with industry-standard development practices.
For websites, Bent Oak Marketing warrants to Client that the site will perform correctly on the current versions of major browsers (Chrome, Firefox, Edge, Opera, iOS Safari, Chrome for Android), as well as have modern, responsive design that will perform correctly on standard mobile devices as of the date the site goes live.

Exclusions from Warranty
The Marketing Techy specifically does not warrant performance or operability of websites, social media posts, or links after the date the work is goes live or is posted, due to lack of control over changes made to search engines, browsers, WordPress, social media sites, and plugins.
The Marketing Techy does offer site maintenance, site update services, and site troubleshooting; however, such services are optional extras at an additional cost.

Deliverables
The following section describes the schedule to which the Parties have agreed. Items noted as Milestones are key events in the project, and depending on project, may include materials due from client, approvals due from client, or payment due from client.

Developer’s project fee (the Consideration) normally includes compensation for the following deliverables:
Research and conceptualization of the project according to Client’s needs and specifications
Account management and client interactions to move the project forward
Sourcing or editing of Client-supplied images for the project
Copywriting or editing of Client-supplied text for the project
Designing or developing up to three original templates for the project, one of which will be selected as the final design
Editing and revisions to the designs or templates of the project, up to two revisions to finalized design
Programming, production, testing and launch of the project
NOTE: Delays in approval or in completion of content from client will affect this schedule. Client acknowledges and accepts this, and further acknowledges the right of The Marketing Techy to invoice for work when complete, regardless of whether client-provided content is complete or not.

Fee Schedule
Consideration will be paid, at Developer’s discretion, according to the following schedule:
• 50% Deposit before start of project
Final balance due after testing and successful launch

Client understands that timely payment is important to the successful completion of your project. Invoices shall be payable within ten (10) days of receipt. You may have a grace period, at our discretion, before which additional interest may be billed. Payments past due by more than 90 days may be assigned to a collection agency, and any work performed to date may be withheld by the Developer until balances due are paid.

Hosting
If Client contracts to host your project on our web server, you will be responsible for hosting fees. If you fail to pay these fees, we reserve the right to take your hosted content offline and remove your access until your balance due is paid. Annual domain administration fees will also be payable to register and renew the domain.

Overage Costs
Client agrees that excessive redesign requests or major changes after a project design has been selected may trigger additional fees. Developer will at Design Firm’s current hourly rate for overages or requests outside of the agreed scope of this project. Developer may charge a rush fee, not to exceed 2x Design Firm’s current hourly rate, for emergencies, changes or work to be completed in under four (24) hours, or requests to be performed during weekends or holidays.

THE FINE PRINT
Acceptance and Support
Client shall have a period of 15 business days following the date of delivery of the website (as notified via email), during which Client shall review and test. Client shall notify the Design Firm no later than the 15th business day following such delivery of any items contained in the website that, in Client’s reasonable view, do not conform to expectations. In the event that the Client does not so notify the Design Firm
within such 15 day period, Client shall be deemed to have accepted the website in all respects and the final payment will be due, as invoiced.

Text / Copy
All text will be supplied by the Client unless the proposal includes the services of a copywriter. Please send us your final text as soon as possible. Time required to make substantive changes to Client-submitted text after the webpages have been constructed will be additional, billed at Design Firm’s current hourly rate.

All content text shall be provided by the Client in Microsoft Word, Apple Pages or PDF format. Submission can be made via: an email
attachment or suitable file transfer service like WeTransfer. For web design text, 500 words per page approximate a standard web page.
Web pages of more than 1,000 words of text and more than 5 graphical images may be subject to additional fees for increased formatting time.

Graphic Elements / Identity Materials
It is expected that the Design Firm will receive from the Client all the graphic elements necessary to complete the Client’s project. This includes the company logo, existing color scheme or style guide requirements, ancillary images, animated graphics and banner advertisements, if necessary.
Unless included in the proposal, this agreement does not include the creation of a corporate logo/identity, or photography/images.

Final Files
At the conclusion of the project, the Design Firm will install the final project files on your hosted server. As a courtesy,
Design Firm will make an effort to retain a copy of files, as loaded, for at least 6 motnhs after project completion, but this is not guaranteed. It is the Client’s responsibility to retain the original files in case of future updates, unless a maintenance
plan is arranged in advance with the Design Firm.

Additional Expenses
Client agrees to reimburse the Design Firm for any critical Client requested expenses necessary for the completion of the project. Examples would be:
– Purchase of specific fonts at the Client’s request,
– Purchase of specific photography at the Client’s request,
– Purchase of specific software at the Client’s request, or as needed to complete the project as scoped.

Copyrights and Trademarks
The Client represents to the Design Firm and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to the Design Firm for inclusion in the Client’s project are owned by the
Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend the Design Firm and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.

Ownership of Design and Graphics
Copyright to the finished assembled work produced by the Design Firm and graphics shall be vested with the Client upon final payment for the project. This ownership is to include: design, photos, graphics, work-up files, text, and any program(s) specifically designed or purchased on behalf of the Client for completion of this project. It does not include Designer’s custom source-code, which may be reused by Design Firm for future projects. All materials developed
under this agreement remains the property of Design Firm until such time as final payment for the work described herein has been received from Client. At this time, all materials become the property of Client and may be used by them, as desired.

Design Credit
Client agrees that the Design Firm may put a byline on the bottom of their web page or graphic design piece establishing design and development credit, unless otherwise stated.
Client also agrees that any projects created for the Client may be included in the Design Firm’s portfolio.

Photography
Client agrees to provide Design Firm with all photos necessary to complete project. Should additional photos be needed, Client may ask Design Firm to acquire stock photography or the services of a professional photographer on Client’s behalf, for an additional fee.

Hosting Service
Monthly hosting and annual domain name registration and renewal are optional extras. These services are subject to a separate agreement.

Compatibility
This agreement contemplates the creation of a website viewable by Firefox, Chrome, and Safari for Mac & PC.
Client understands that not all browsers, computers, or monitors display websites in the same fashion, and that any cosmetic differences in the finished website are not to be considered defects. Client is aware that some advanced techniques on the Internet may require a more recent browser version and brand or plug-in. Client is also aware that as new browser versions are released, or new Internet capable products are developed, the new versions and / or products may not be backward compatible. Time spent to redesign a site for compatibility due to the introduction of a new browser version or product will be separately negotiated and in addition to the base price of this agreement. If
additional pages are necessary to accommodate specific browsers, plug-in technology, screen resolutions, or platforms, additional charges will apply.

Custom Programming & Scripts
Websites are developed under LAMP (Linux – Apache – MySQL – PHP). If a specific plug-in or script is requested by the Client and it must be purchased by the Design Firm on behalf of the Client, the charge for the script/plug-in, if any, will be billed back to the Client or included in the agreement.

Audio/Video
Our base agreement does not contemplate using Audio or Video on the Client’s site. If chosen, however, the charges for such will be listed in the “Proposal”. Client assumes all liability
for content, as well as any additional costs they may incur from hosting as a result of increased bandwidth and site traffic.

Secure Certificate (SSL)
In certain cases, the Client is encouraged to obtain a secure certificate to encrypt online transactions. The Client understands that if they do not obtain their own secure certificate, security may be affected. Design Firm will walk
Client through the process of obtaining the SSL Certificate and perform the installation if site hosting is set up by Design Firm. Client agrees not to hold Design Firm liable for any damages that may result from such transactions or because the website is not SSL-secure.

Merchant Account / Payment Gateway
If the Client’s website requires the ability to accept credit cards or electronic checks, the Client will need a Merchant Account and/or Payment Gateway. The Client understands
that any charges necessary to secure the Merchant Account and Payment Gateway are not covered by this agreement.
The client also understands that the Design firm is not liable for the processing of payment transactions.

Databases
If a website script requiring a database is purchased, MySQL and PHP will be the system used. Client is responsible for
ensuring that website is hosted on a server featuring compatible technology if not hosted by Design Firm.

Training
The Design Firm will provide e-mail and telephone assistance to the Client regarding administration of the Client’s website. On-site training or assistance beyond the basic initial training is not included unless stated.

Maintenance Plans
Maintenance Plans are negotiated on a Client by Client basis
as each Client will have differing needs. If you have chosen the Maintenance Plan, the terms of such will be listed in the “Maintenance Agreement”. The Design Firm maintenance
agreement allows the Client to pay a discounted, fixed monthly rate for website updates, based on the average
estimated monthly hours required to perform maintenance tasks. A baseline amount is noted on the Proposal, but may be adjusted, based on requirements.

Third Party or Client Page Modification
Some Clients will desire to independently edit or update their web pages after completion of the site as a way to control costs and avoid the expense of a Maintenance Agreement.
This is always an option for Clients of the Design Firm and for websites that need on-going updates. Be aware, however, that if the Client or an agent of the Client other than the
Design Firm attempts to update the website and damages the design or impairs the ability for the web pages to display or function properly, and you wish for the Design Firm to repair the web site or pages, work will be assessed at the Design Firm’s current hourly rate. In this regard, Clients are encouraged to utilise the Design Firm’s Maintenance agreement for future updates.

Search Engine Optimisation
The Client’s website is created with appropriate titles, keywords, and descriptions in respect to SEO. However, the Design Firm does not guarantee, in any way, any specific placement in search engine results. The Design Firm recommends using the optional SEO service to promote their site. If advanced search engine optimisation and site promotion services are desired, they must be purchased separately.

Website Security & Stability
Design Firm will take all reasonable measures to ensure website is designed as secure as possible. However, Client concedes that it is impossible for Design Firm to guarantee protection against hackers or unauthorised parties. In the event that website security is compromised, Client agrees not to hold Design Firm liable for any damages. This includes, but
is not limited to: file corruption or deletion, modification of website, or access to sensitive data by unauthorised party.
Services pertaining to security and stability are offered separately as a “Maintenance Agreement” option. We recommend the Maintenance plan for ongoing support or maintenance. This is recommended to keep it secure.

ADDITIONAL TERMS:
Limited Liability & Indemnification
Client agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web Hosting Service, the Host Server or the Design
Firm. Abusive and unethical materials and uses include, but are not limited to, obscenity, computer viruses, harassment, any illegal activity, spamming, advocacy of an illegal activity, and any infringement of privacy. Client hereby agrees to defend, indemnify and hold harmless the Design Firm from any claim resulting from the Client’s publication of material or use of those materials. Design Firm reserves the right to refuse to design and/or publish any material that would violate this clause.
Client agrees that it shall defend, indemnify, save and hold the Design Firm harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees associated with the Design Firm’s development of the Client’s project. This includes Liabilities asserted against the Design Firm, its subcontractors, its agents, its Clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, its agents, employee or assigns.
Client also agrees to defend, indemnify and hold harmless the Design Firm against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed through the Client’s marketing materials and/or over the Client’s website. This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organisation, or business.

Laws Affecting Electronic Commerce
The Client agrees that it is responsible for complying with the laws, taxes, and tariffs related to e-commerce, and will hold harmless, protect, and defend the Design Firm and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s use of Internet electronic commerce.
Client also understands that Design Firm cannot provide legal advice.

Nondisclosure
The Design Firm, and subcontractors agree that, except as directed by the Client, it will not at any time during or after the term of this Agreement disclose any confidential Information regarding the Client or the Client’s products and/or services, except that: a. which Design Firm can demonstrate by was previously known; b. which are now, or become in the future, public knowledge other than through acts or omissions of Design Firm. Likewise, the Client agrees that it will not convey any confidential information obtained about the Design Firm to another party.

Cancellation
If the Client does not supply Design Firm with complete text, graphics, or other materials necessary for Design Firm to complete project within six weeks of the date this agreement was signed, the project will automatically be cancelled. The Client may also voluntarily cancel or postpone this project at any stage, with written notice.
In the event that work is postponed or canceled at the request of the Client, the Design Firm shall have the right to retain the original deposit, or refund a pro-rated amount, commiserate with time spent on project. In the event this amount is not sufficient to cover the Design Firm for time and expense already invested in the project additional payment will be due.
If additional payment is due, this will be billed to the Client and must be received within 15 days of invoice.
Design Firm reserves the right to cancel the project at any stage for any reason, if necessary, and will issue Client a full refund for all money received, as well as return all materials furnished by Client. If the project is partially completed, Client may opt to pay for services already rendered, in exchange for release of all files that Client may then take to another Design Firm for completion of project.

Arbitration
Any disputes arising out of this Agreement shall be submitted to binding arbitration before a mutually agreed upon Arbitrator pursuant to current applicable laws. The Arbitrator’s award shall be final, and judgment may be entered in any court having jurisdiction thereof. The Client
shall pay all arbitration and court costs, reasonable attorney’s fees and legal interest on any award or judgment in favour of the Design Firm.

Entire Understanding
This agreement and the appendices attached thereto constitute the sole agreement between the Design Firm and the Client regarding this project. It becomes effective only when signed by both parties. It is the spirit of this agreement that this will be a mutually beneficial arrangement for the Client and the Design Firm. Both parties warrant that they have read and understand the terms set forth in this agreement. This agreement shall be governed and construed in accordance with the laws of the Republic of South Africa.
Client, or authorised representative of the Client certifies that he or she is at least 21 years of age and legally capable of entering an agreement in the Republic of South Africa.

Share This