All services provided by Earthweb Web Design are subject to the following terms and conditions.
Quotes & Contracts
Quotes provided to prospects will be honored for 30 days. A new quote will then be provided upon request. Contracts that have been written, but not signed by the client will only be accepted within 30 days of the delivery date. A new contract may be drawn up upon request.
Charges & Fees
All new web design projects will require a 50% deposit.This deposit is NON REFUNDABLE. Earthweb retains the right to hold all graphics, and project development with the exception of content and graphics provided by the client, until payment is received for such items. (see copyright & ownership clause)
Our quotations are subject to HOSTING with us. Should you decide to host with another company you will be subject to a fee of R600. This will also apply to transfers within the first 12 months of hosting with us. We will only release domains to another web host upon payment of the R600 transfer fee ( for clients choosing the bronze/silver package) After the 12 months have passed , you will be free to transfer at no charge. You may opt to pay the R600 upfront , and you will be able to transfer at any time to another host.
Payments
Earthweb Web Design accepts payments via Bank Transfer only.International clients may pay through Paypal , credit card or Moneybookers. All international bank deposit charges will be for the client. Your project will not be released to you or uploaded until full payment is received.
Hours of Operation
Our business hours are Mon to Fri 9am to 4.30pm. If you require maintenance after the posted hours, such as on weekends or holidays, you will be charged our base rate of R150 per hour with an additional charge of R100 per hour for after hours assistance.
Web Site Design Credit
All Earthweb custom web design clients will have a Design by: Earthweb link on their website in the footer of every page. This is non-negotiable. By hiring us to work on your website you are agreeing to this, and that you understand that this link may NOT be removed without our consent. You may pay Earthweb a fee of R600 to have this link permanently removed. Should you have a new layout designed for your site by a company other than Earthweb, you may remove the credit from your website.
Copyright & Ownership
Upon completion of the project, Earthweb transfers all rights and ownership of CUSTOM designs and programming written by Earthweb Web Design to the client, on completion of full payment. Software and third party graphics or programs are not transferred to the client and remain under copyright of their respective owners.
Earthweb Web Design reserves the right to resell custom designed web sites that remain unpaid by the original client, unaccepted mockups or other graphics created by Earthweb Web Design but not in legal use by the client.
Earthweb Web Design reserves the right to display websites and graphics that have been designed by Earthweb on their website, and in any marketing material to aid as examples of our work.
Once a site is designed, it will be uploaded to your server, we are not responsible for any loss of data, and we do not keep backups of work done. Should you require a CD backup, you will be liable for costs of R100 + courier fee, and this can only be done immediately upon completion of the site.
If you decide to change hosting companies, please ensure you save your files before you do the transfer as we will not be held liable for any loss.
We are unable to supply files after the site has been uploaded. You will need to download it off your server if you require the backup files.
Refunds
Earthweb Web Design requires a deposit before we begin work on any project. A request to terminate services must be presented to Earthweb Web Design in writing. Earthweb has a Guaranteed 90 Day Turnaround for your project. If we fail to complete your project within 90 days of the start date AND you have turned in all content, images and information requested by us, you will recieve a full refund within 30 days of your written request. Otherwise, please follow the refund terms below.
Refund Amounts will be calculated in the following ways:
A cancellation fee of 20% (twenty percent) of the total deposit paid will be retained for projects that have been booked, but cancelled prior to the start date.
A cancellation fee of 30% (thirty percent) of the total deposit paid will be retained for projects that have been started and are in the design process.
A design fee of 50% (fifty percent)of the total quotation , will be retained on projects where the design portion of the development has been completed, and the client has accepted the design, but whereas the development process of the project has not begun. (Upon payment, the design will be released to the client for use, see copyright & ownership clause)
Projects that are in the development process at the time the request for termination is received will be billed at the hourly rate of R140 per hour. Should the amount of time put into your project be greater than the deposit you have paid to Earthweb Web Design, you will be billed the difference. Upon payment of these fees, the work completed up to the time of termination will be released to the client.
Refunds will be processed within 30 business days of request by the client, if there is a refund amount due based on the terms above.
We are unable to offer refunds on hosting, and domain services. If you are dissatisfied with the hosting services provided, we will be happy to work out a solution with you that will meet your company needs.
Domain Transfers
We will transfer domains as long as all outstanding payments has been made. Should you take the web design special (bronze or silver), you will be liable for hosting for a year. If you would like to move to another web host within the year , you will be subject to a fee of R600.
Chargebacks
Earthweb Web Design will not negotiate chargebacks with any person or company. Our Refund policies are clearly stated above, and all clients are asked to read and agree to our terms of service prior to the start of any project.
Development & Delivery
Earthweb Web Design understands the importance of completing projects in a timely manner. We agree to complete the web design project within 60 days from the date of contract signing. If the client does not supply Earthweb Web Design with complete text,graphic content and other requested materials for the contracted client within 30 days of contract signing, the contract becomes void and all deposits paid by the client are forfeited. The client may request a Project Extension in writing to Earthweb Web Design for an additional fee of 20% of the project total cost for every 30 days of extension. All extension fees are due upon agreement of the extension between Earthweb Web Design andthe client.
Non-Communication
If we are unable to communicate with a client on a project for a duration of at least sixty days (60) by phone or email during the design and development process, the project will be canceled without prior notice and no refund will be issued.
Liability
Services purchased from Earthweb Web Design are provided "as is" without warranty of any kind that the web design project will be uninterrupted or error free. In no event shall Earthweb Web Design be liable to the client for any direct, indirect, special, punitive, incidental, or consequential damages arising out of the use of the website, services, and/ore 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, services, and/or goods provided to the client. The entire risk as to the quality and performance of the web design is with the client.
International Customers
We are happy to accept projects from customers outside of South Africa. However, we do require full payment of all projects prior to beginning your project via Credit Card. This is non-negotiable.
Project Consideration
Please note that Earthweb Web Design is a ethically operated company. Therefore, we will not accept projects that we find morally questionable, unethical, or distasteful.
Notice: This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa.
Acceptance
Please note that by submitting your downpayment for our services you are agreeing to all of our terms of service as written here. Earthweb Web Design reserves the right to change or update these terms at any time without prior notice.
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