Service Agreement

Our services and products are provided subject to the following terms and conditions.

1. Acceptance

By paying the Deposit, the Client agrees, without limitation or qualification, to be bound by these terms and conditions, as well as any other additional terms, conditions, rules or policies which are displayed to the Client in connection with the Services.

2. Project

It is Client’s responsibility to provide WeaverWorx with clear guidelines, project requirements, objectives or any other specific details that the Client requires. When such details are not provided, WeaverWorx will proceed with WeaverWorx’s understanding of the Client’s requirements and develop the project accordingly. At a later stage, if a discrepancy arises, it may lead to additional costs to accommodate the changes. Thus, it is essential that you clarify every aspect of the project requirements (features and functionalities, etc.) and ensure that you have been quoted on the right requirements.

Once a project specification has been finalised, any additions, changes or enhancements in the functionality or design of the project will affect the project specification and may incur additional cost and a revised delivery date. All additional work, over and above the quote is charged separately. Under no circumstances will WeaverWorx be liable for any delays caused by change in the project specification.

Project content and all related materials need to be provided to WeaverWorx within the first two weeks of starting the project. Any delays thereafter may delay the project and may incur additional charges if it goes beyond reasonable timeframe.

The Client must recognise that at times there may be unforeseen circumstances that will delay the development process, particularly with reference to the integration of third party software. WeaverWorx will try its best to complete the project as agreed in the proposal. As long as it is within a reasonable period, the Client agrees not to penalise WeaverWorx for any genuine delay, when every effort to keep the project on the proposed schedule is taken.

WeaverWorx takes no responsibility of any of the third party products, software or components used in the website development such as payment gateway, SSL certificates etc. We suggest you to take regular back-ups to avoid any disruptions.

WeaverWorx offer packages in co-ordination with third party providers. Changes to the third party provider’s rules and policies may ultimately effect the services we provide or the terms and conditions herein.

Where Clients decide to organise their own hosting, we should be consulted before finalising the type of hosting and database, as it should meet the requirements of the technology used for the development. Please note that we’ll require full access with hosting support for testing and developing the project. WeaverWorx will not be liable for any delays or errors caused by direct or indirect actions of the hosting company.

3. Content Management System and Hosting By WeaverWorx

Please note that:

  • WeaverWorx specialises in the design of websites using the Drupal Content Management System (CMS) and the design or update of other CMS types will not be considered.
  • Due to the dynamic nature of the Drupal CMS, websites are actively maintained and managed by WeaverWorx on a daily basis, therefore, we require that all websites be hosted on the WeaverWorx Dedicated Cloudserver located at Afrihost.

4. Charges & Fees

Quotations by the WeaverWorx Team are valid for a period of 14 days after e-mail delivery thereof to the client. A deposit of 50% of the website design project cost, payable to our bank account within the said 14-day quotation validity period, will be required before any work starts. The remaining balance of 50% will be payable upon completion and handover of the project to the Client or published to the internet.

The 50% deposit is not refundable if the Client resolves to cancel the project for any reason other than unsatisfactory work. Unsatisfactory work is described as work delivered at a sub-standard quality, and not according to the website specification defined and agreed upon by WeaverWorx and the Client.

Any additional work, author’s corrections or ad hoc changes and updates will be charged at an hourly rate (dependent on task, to be verified at start of task) or will be quoted separately.

Any payment relating to the domain name registration renewal or hosting or any 3rd party products or service purchased on behalf of the client will have to be in full and is non-refundable. In case of web-hosting renewals all cancellations must be notified to us 30 days before the renewal date.

5. Liability

WeaverWorx provides its services “as is” 1) without warranty of any kind that the project will be uninterrupted or error-free and 2) without any guarantees on security or other issues leading to loss of data, sale or reputation. We ensure to the best of our ability that our systems and servers are protected from hackers, viruses, intruders and other online and offline problems, however we will not be held liable for any disruption of services if such situation arises. In no event shall WeaverWorx be liable to the client for any direct, indirect, special, punitive, incidental, or consequential damages arising out of the use of the website, mobile app and services goods provided to the Client. This includes, without limitation, lost profits, business interruption, loss of data or other losses directly resulting from the use of the website, mobile app and services provided to the Client.

Client will indemnify and hold WeaverWorx, its licensors, content providers, service providers, employees, agents, officers, directors, contractors and sub-contractors (the “Indemnified Parties”) harmless from your breach of any of these Terms And Conditions or any other terms, conditions, policies or procedures herein, including, without limitation, any use of content other than as expressly authorized in these Terms and Conditions. Client agrees that the indemnified parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify and hold harmless the Indemnified Parties from any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information obtained from WeaverWorx.

WeaverWorx will not be liable for any breach of the agreement which is caused by a matter beyond its reasonable control including but not limited to Act of God, fire, lightning, explosion, war, disorder, flood, earth quake, industrial disputes (whether or not involving their employees), extremely severe weather, or acts of local or central government or other competent authorities.

6. Unacceptable Use

WeaverWorx’s services may only be used for lawful purposes and activities. WeaverWorx prohibits any use of its Services including the transmission, storage and distribution of any material or content using WeaverWorx’s servers that violates any law or regulation of the Republic. This includes, but is not limited to: (i) directly or indirectly breach any law, regulation or legally-binding code; infringe any person’s copyrights, trademarks, privacy rights, moral rights, trade secrets, patents and any other legal rights; and/or give rise to a cause of action against any person; (ii) any violation of another’s right to privacy, including any effort to collect personal data of third parties without their consent (iii) promote the use of illegal substances; (iv) violates the exchange control laws of the Republic; (v) any activity that results in the sale, transmission or distribution of pirated or illegal software; (vi) content that may be experienced as threatening, abusive, libellous, defamatory, racial, sexist, harassing, degrading, intimidating, hateful, invasive of privacy towards any individual or group of people; (vii) contain or promote “spam”, mail fraud, pyramid schemes, investment opportunities or advice which is not permitted under law, or any other fraudulent activities.

7. Hosting

Hosting is an annual charge which must be paid in advance for the whole year.

It is the client’s responsibility to renew the hosting in time i.e. before the expiry date. Failure to renew in time can lead to loss of files, data, emails, backups etc. All unpaid hostings are disabled or deleted from the server.

All renewals must be paid not later than fourteen (14) working days prior to the expiry date. WeaverWorx will not be responsible for issues relating to delayed payment.

Hosting Cancellation requests must be sent in writing or by email one month prior to the expiry of the same. Once the hosting has been renewed, it cannot be cancelled and must be paid for the full year.

If the hosting is not paid and renewed before the expiry date, WeaverWorx reserves the right to disable the hosting and all associated services including emails and dns records. Additional charges will be applicable to re-enable the hosting. WeaverWorx will not be responsible for any loss of data, files, emails, backups, restoration costs etc.

If a hosting has been cancelled / disabled then all files, emails, databases and backups will be deleted from the server without any notification to the client.

WeaverWorx offers unlimited bandwidth (web traffic) usage on its hosting packages. However, this is subject to reasonable and responsible usage, as determined at WeaverWorx’s discretion. WeaverWorx reserves the right to upgrade Clients deemed to have excessive bandwidth usage to a more suitable hosting package, which will better suit their requirements. Clients will be given notice as such, and will be informed of any cost implications.

Disk Space on hosting packages may only be used for Website Content, Emails and related System Files. General data storage, archiving or file sharing of documents, files or media not directly related to the website content is strictly prohibited. Unauthorised storage or distribution of copyrighted materials is prohibited, via FTP hosts or any other means.

WeaverWorx will not be liable or responsible for the backing up, restoration or loss of data under any circumstances. Clients are solely responsible for ensuring that their data is regularly backed up and for restoring such backups in the event of data loss or corruption.

WeaverWorx prohibits Clients from doing the following on WeaverWorx servers:

  • Running applications that are not production-ready. Any applications on the hosting platform must be optimized with respect to memory usage and must have appropriate data indexing.
  • Running applications with inadequate security controls.
  • Generating significant side-channel traffic from an application, whether by design or otherwise. Databases should be stored locally, and remote content should be cached.
  • Failure to maintain proper “housekeeping” on a shared server including storing or generating useless content, including comment spam, unused cache files, log file and database entries.
  • Storing malicious content, such as malware or links to malware.
  • Monopolizing server resources, including CPU time, memory, network and disk bandwidth.
  • Maintaining long-running processes and long-running database queries.
  • Storing or running back-door shells, mass mailing scripts, proxy servers, web spiders, phishing content, or peer-to-peer software.
  • Sending bulk mail of any form, particularly mail that cannot be efficiently delivered due to volume or incorrect addresses.
  • Using poor passwords.
  • Sharing security credentials with untrusted parties.
  • Running Torrents for download or Seed Servers.
  • Running TOR (or other Online Anonymity Services).
  • Otherwise circumventing the Acceptable Use Policy or intended use of the product.

8. Domains

All domain registrations and renewals are to be paid in advance. It is client’s responsibility to renew their domain names with WeaverWorx.

Expiration of a domain can result in service disruption and loss of domain. WeaverWorx will not be responsible if a domain expires due to non-payment / late payment of the charges. All payments must be made not later than fourteen (14) working days before the expiry date.

9. Maintenance

Maintenance is an annual charge which must be paid in advance for the whole year. Maintenance includes: software and module updates and other minor website maintenance tasks only.

Support requests must be sent via email to designer@weaverworx.co.za

10. Emails

All emails are to be downloaded on the client’s computer periodically. Email boxes must be kept within their quota limits. Periodical maintenance may be carried out on the email box and emails older than 6 months deleted by WeaverWorx.

Clients must not use the email hosting for inappropriate content and other undesired emails which can result in spamming or infecting the server. Under such circumstances, immediate action will be taken and the required files and data will be deleted without any prior notice.

11. Search Engines

WeaverWorx does not guarantee any specific position / ranking in search engine results for your website. WeaverWorx performs basic search engine optimisation according to current best practice.

12. Cross Browser Compatibility

By using current versions of well supported content management systems such as “Drupal”, WeaverWorx endeavours to ensure that the websites are compatible with all current modern web browsers such as the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers. Where appropriate WeaverWorx will substitute alternative extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.

13. E-Commerce

The Client is responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify WeaverWorx and its licensors, content providers, service providers, employees, agents, officers, directors, contractors and sub-contractors (the “Indemnified Parties”) from any claim, penalty, tax, tariff loss or damage arising from the Client’s or the Client clients’ use of Internet electronic commerce.

14. Graphic Design

Images and logos supplied by the Client must be of high quality.

WeaverWorx does not provide printing service. The Client must enter into an agreement directly with the printer of own choice. The Client must provide WeaverWorx with the printer’s contact details at the start of the project. WeaverWorx will contact printer to obtain written instructions/guidelines and printing requirements relevant to the project.

A project will only be released once it has been approved by the Client in writing, therefore WeaverWorx is not liable for any print errors.

15. User Responsibilities

Clients are responsible for any misuse of WeaverWorx’s services or websites that occurs through the Client’s account. It is the Client’s responsibility to ensure that unauthorised persons do not gain access to or misuse WeaverWorx’s service.

Where the Client has authorised a minor to use any of the WeaverWorx’s services or access its websites, the Client accepts that as the parent/legal guardian of that minor, the Client is fully responsible for: the online conduct of such minor, controlling the minor’s access to and use of any services or websites, and the consequences of any misuse by the minor.

16. Confidential Information

Client’s “Confidential Information” includes information that WeaverWorx should reasonably believe to be confidential. WeaverWorx’s “Confidential Information” includes the source code of any Project. All material considered confidential by either party shall be designated as confidential. Confidential Information shall not be disclosed to third parties and shall only be used as needed to perform this project. Confidential Information shall not include any information that is already known by the recipient, becomes publicly known through no fault of the recipient, or is received from a third party without a restriction on disclosure. Confidential Information may only be disclosed if required to do so by law or if the disclosing party does so in the good faith belief that such a disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any Content violates the rights of third parties (iv) protect the rights, property, or personal safety of the disclosing party and officers, its clients or the general public.

17. Copyright

Copyright to the finished assembled work of websites produced by WeaverWorx is owned by WeaverWorx until the final payment is received. WeaverWorx retains the right to display graphics and other design elements as examples of their work in their respective portfolios

18. Marketing

To maintain our portfolio credentials and integrity we, WeaverWorx, shall be entitled to place an unobtrusive credit with a hypertext link to our website in the footer of any website designed by WeaverWorx. WeaverWorx is also entitled to reproduce samples of the Client’s website in our portfolio and in our marketing material.

19. Illegal or Unlawful Activity

WeaverWorx reserves the right to take action against any individuals, companies or organisations that violate these terms, or engage in any illegal or unlawful activity while accessing WeaverWorx’s services, to the fullest extent of the law. WeaverWorx reserves the right, at its sole discretion, to act against other types of abuse not listed in this document and to investigate or prevent illegal activities being committed on the WeaverWorx servers and websites. WeaverWorx does not waive its right to enforcement of these terms at any time, or prejudice its right to take subsequent action, should WeaverWorx fail, neglect or elect not to enforce a breach of these terms at any time.

Phone

(+27) 079 498 6341

Email

designer@weaverworx.co.za

Location

Southport, Kwa-Zulu Natal
1
Hi there 👋

Do you have question for me? I'll be happy to assist!
Powered by

Pin It on Pinterest

Share This