Terms Of Service
Quotations
It’s our pleasure to provide the client with a cost estimate or quotation on any specified work. Quotations are valid for fourteen (14) days from the document date and are subject to the standard conditions and recognized customs of the Web Development and Hosting Industry in South Africa. Estimates and quotations not accepted within fourteen (14) days thereof shall be deemed withdrawn and cancelled. All quotations that are to expire will be notified prior to expiry and given an opportunity to extend the quotes expiry date should they require.
Quotations are based on the following critical condition: All content, text, images or any other relevant information will be supplied in final format, by the client to Imbilla Digital Agency.
Quotations may include a design brief for the requested work stipulating the specific requirements and web design and development methods for the requested project, if required. Alterations to the quotation can be made within the 14 days, however any alterations will result in a new quotation being issued, and the new quotation will override the previously issued quotation.
All our quotations are carefully considered before presenting to the client. Reasonable assumptions are made based on the original request as to the exact workings or technical requirements of the project. We, therefore, reserve the right to amend our quotation should technical requirements change or in the chase where it was not communicated properly to us at the time of the original request.
Deposit And Placement Of Order
A 50% deposit of the total amount stipulated on the quotation becomes payable immediately on acceptance of the quotation. Imbilla Digital Agency accepts all payment methods: cash and electronic transfers payments will be accepted.
All accepted quotations are added to our design/development schedule the moment the quote is accepted. Should the required 50% deposit not be received shortly after accepting the quotation, we reserve the right to move the project forward in our schedule until the deposit is received.
No work will commence before a deposit or financial arrangement is made. We work on a first come, first serve basis and put priority on client that have already paid their deposit.
The 50% deposit payment will count as acceptance of the quote by the client, and will mean they wish to move forward with their specific needs and that they find the quote to be sufficient.
Imbilla Digital Agency reserves the right to not take on a new project under certain circumstances, based on our discretion. We therefore reserve the right not to engage in business should we choose not to.
Deposit payments received will not attract interest under any circumstances, and are not refundable.
Conditions Of A Project/Order
By accepting the quotation, the client will be deemed to have ordered subject to the following standard conditions and recognised customs of the Web Development and Hosting Industry in South Africa, unless otherwise agreed in writing:
3.1 The client shall pay for any preliminary work which is produced at his/her request whether experimentally or otherwise.
3.2 The client shall supply all the material required for inclusion in the client’s website.. The client will not refuse or delay this process. Delaying the process could result in the project being scheduled at a later stage, while project’s who are ready to proceed will commence until completion.
3.3 Client’s property and property supplied on behalf of the client will be held at the client’s risk.
3.4 This agreement will commence on the effective date of the order and shall continue thereafter until completion of services. The actual completion date may vary from the estimated completion date due to numerous factors; the client cannot hold the developer responsible for the change in completion date.
3.5 Alterations or changes can be requested by the client at any stage during the development process with restrictions on the amount of requests as determined by the project manager taking into consideration the specified design brief requirements and development time frame. The project manager will determine if the requested alterations fall within the above mentioned criteria, if not, then the project manager will provide the client with a new cost estimate for the requested alterations. The client will need to approve the new cost estimate before development can proceed.
The client can report any errors or alteration required within seven (7) days of the agreement issue date. The developer, however, will accept the project/website as approved after seven (7) days. Any alterations requested after the expiry date of the final website approval agreement will be charged for according to the developer’s additional cost estimates.
3.6 Depending on the size of the project, Imbilla Digital Agency may issue a progress payment invoice not exceeding 85% of the total project value once the client has either come to our offices for a DEMO, or been presented with the DEMO URL of the completed website.
Progress payment invoices are due immediately after the DEMO URL has been received or the DEMO has been completed.
3.7 All services and/or products are rendered on a “Cash on Delivery” Basis, accordingly all outstanding fees will be payable before delivery of the final product. The client will not delay or refuse this process and/or payment. In the event that a project is complete however no response is received from the client for a period exceeding 7 days, we reserve the right to deem the project complete and require final payment.
3.8 Once the developer has completed the project according to specifications, the project will been seen as complete, and payment will become due as per point 3.7 above. Irrespective of any outstanding content or 3rd party information, critical to the functioning of the website such as Terminal ID’s and booking systems etc. Final payment of the project to the developer cannot be delayed due to any 3rd party vendor delays such as banks, payment gateway providers etc. All static content provided after completion of the project will be added to the website under our general maintenance terms and billed for at our standard hourly rate of R550 p/h.
3.9 When payment is overdue the developer will suspend the website without notice and without prejudice to any other legal remedy until due payment has been made. Furthermore, any work started but incomplete may be suspended and payment therefore becomes immediately due and payable, notwithstanding anything expressed herein, and any monies in respect of projects completed but not yet published shall there upon forthwith become due and payable. If the client delays the completion of the project or payment thereof for more than 30 days from the specified completion/payment due date, there may be a penalty charge for holding the Developer that could otherwise be working on another project, of not more than 10% of the quoted price per month.
Moreover after the expiration of thirty (30) days’ notice the developer may exercise a general lien on all the client’s goods and property in his hands and may dispose of such goods and property as he sees fit and apply the proceeds towards such debts. The developer may also elect to cancel and not produce any unmade balance of such contract and recover from the client any losses sustained by doing so.
3.10 It is the sole responsibility of the client to determine whether the project/website ordered by him/her are suitable for the purpose for which he/she intends using them. The developer gives no warranty, expressed or implied, concerning the suitability of the goods for any purpose whatever. The developer shall not be liable for any direct, indirect, consequential or other loss to third parties, arising out of errors in contracting third parties, or delay in completion, or unsuitability for use as intended, or copy write infringements of any nature.
3.11 Any contract is subject to cancellation or variation by reason of force majeure, or from any and every cause whatsoever beyond the designers / printer’s control, inter alia, inability to secure labour, materials, power or supplies, or by reason of war, civil disturbances, riot, state of emergency, strike, lock out or other labour disputes, fire, flood, theft or Legislation.
3.12 Imbilla Digital Agency offers FREE technical support for the of your website first month after the project is handed over and complete, unless: a.) The source code is edited or tampered with by either the client, or a 3rd party provider b.) Your website is hosted by a 3rd party company and not with Imbilla Digital Agency.
3.13 Imbilla Digital Agency takes no responsibility or liability for content provided by the client. It is the client’s sole responsibility to ensure that all content in any form provided to Imbilla Digital Agency be free of any copyright infringements or plagiarism.
3.14 The quote and acceptance of it (in form of a 50% deposit) is a binding contract between Imbilla Digital Agency and the client. Should requirements not be listed in the specifications document, Imbilla Digital Agency reserves the right to bill additionally to cover costs to develop the additional feature/requirement.
3.15 It is the client’s sole responsibility to ensure that the supplied specifications document accurately details the development requirements. Any misunderstandings after completion of the project will not be entertained and may result in additional charges being added to the final invoice. It is therefore the client’s responsibility to ensure that he/she clarifies all features and technical functionalities before signing the specifications document and development commences.
Copyrights And Trademarks
The client warrants and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Imbilla Digital Agency for inclusion in web pages 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 Imbilla Digital Agency from any claim or suit arising from the use of such elements furnished by the client.
Unlimited Hosting Options
We reserve the right to cancel and or review any website/hosting solution that is hogging server resources. A fair use policy is in place for unlimited hosting packages, and we reserve the right to change your package and or negotiate custom terms based on your specific needs.
Hosting Fair Use Policy
5.1 Imbilla Digital Agency offers unlimited bandwidth (web traffic) usage on our hosting platform. However, this is subject to reasonable and responsible usage, as determined at Imbilla Digital Agency’s discretion. Imbilla Digital Agency reserves the right to move Clients deemed to have excessive bandwidth usage to a larger package, which will better suit their requirements. Clients will be given notice as such and will be informed of any cost implications.
5.2 Disk space on our server 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.
5.3 Imbilla Digital Agency will implement security updates, software patches and other updates or upgrades from time to time, to maintain the best performance, at their sole discretion. These upgrades include, but are not limited to, PHP, MySQL and CPanel release versions. Imbilla Digital Agency is under no obligation to effect such upgrades or to rectify any impact such changes could potentially have to Host Clients.
5.4 Imbilla Digital Agency prohibits Clients from doing the following on hosting platforms administered by Imbilla Digital Agency:
- Running applications that are not production-ready. Any applications on the hosting platform must be optimised 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.
- Monopolising 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.
- The mining of cryptographic currencies on our Physical and Virtual hosting platforms. This causes a considerable strain on our hosting resources outside of reasonable limits and is therefore prohibited.
Social Media Client Terms and Conditions
1. Response Time Expectations:
Clients are expected to understand and respect our working hours, from 8:30 AM to 4:30 PM (local time). Any inquiries or requests made outside these hours will be addressed during the next business day.
2. Content Creation Timeframe:
Clients must provide adequate lead time for social media content creation. We require a minimum of 3 days’ notice to ensure high-quality content development and scheduling.
3. Urgent Requests:
Same-day delivery requests for social media content cannot be guaranteed. While we strive to accommodate urgent needs, clients should understand that quality work takes time and may require additional resources. However, emergencies will be attended with the utmost urgency that affects the brand negatively
4. Revision Policy:
Imbilla Digital Agency allows a maximum of 3 revisions on social media post graphics without incurring additional charges. Subsequent revisions will be subject to additional fees at the agency’s discretion.
5. Clear Communication:
Clients must provide clear and detailed instructions for their social media content needs. Vague or ambiguous requests may result in delays or misunderstandings
6. Scope of Work:
Any additional tasks or changes outside of the agreed-upon scope of work will be subject to renegotiation and may result in additional charges.
7. Timely Feedback:
Clients are responsible for providing timely feedback and approvals on drafts and concepts presented by Imbilla Digital Agency. Delays in feedback may impact project timelines and delivery dates.
8. Intellectual Property:
All intellectual property rights associated with the social media content created by Imbilla Digital Agency remain the agency’s property until full payment has been received. Clients are granted a non-exclusive license to use the content for their specific marketing purposes.
9. Payment Terms:
Payment for services rendered by Imbilla Digital Agency is due upon receipt of the invoice unless otherwise agreed upon in writing. Late payments may incur penalties or suspension of services.
10. Termination Clause:
Imbilla Digital Agency reserves the right to terminate any work agreement with a client in the event of non-compliance with these terms and conditions, or for any other justifiable reasons as deemed by the agency.
