Terms and conditions
- @grafics makes every effort to ensure that the content of this website is accurate and correct at the time of publishing.
- Please note however that the information on this site is based on our opinions and experience, and nobody else’s. It reflects our understanding of accepted best practices, based on our knowledge and personal experience, and is as accurate as we know how to make it.
- Due to the rapidly evolving nature of the internet, some information may become obsolete or inaccurate over time. We will always attempt to update it as necessary, however, we cannot take responsibility for any changes that render our information inaccurate, however briefly, or any errors and omissions that may be caused by gremlins.
Commencement, Duration & Termination or Cancellation
- Your agreement with @grafics begins when you sign your quote or pay a deposit for work to start, and once the initial period is complete, continues until either party cancels the agreement. Paying a deposit or signing the quote, physically or electronically, represents a binding agreement with @grafics, and your acceptance of these terms and conditions.
- The initial period depends on the payment terms you selected. You can’t cancel anything you have received, or that we have done work on, until such time as you settled the outstanding account in full.
- If your account is completely up to date, you can cancel any service with just 1 calendar month’s notice. We just need an official notice of cancellation in writing.
- @grafics will also give you 30 days’ notice if we want to cancel the services and we’ll supply you with everything we’ve done for you that you’ve paid for.
Fees, Invoicing, Payments & Cancellations
- @grafics will invoice by the 25th of every month for work done during the month or hosting fees.
- All payments are due by the last day of the month, except for initial design work which is to be paid in two (2) instalments 50% on acceptance of the quote and 50% on completion of the initial design as per the quote.
- Domain Registration Fee; Design Fee and Hosting Fee is payable upfront and payment of these fees serves as acceptance of the quote as provided by @grafics.
- If your account is in arrears of 30 days or more, you’ll be charged interest at prime+2% based on the lending rate of SA Banks.
- By accepting these terms, you agree to be sent invoices electronically. All invoices will be deemed received on the day after they are sent, and amounts will be considered due whether you receive the invoice or not. (If you know we invoice you, and you don’t receive it, please follow up with us.)
- If your account falls into arrears, we reserve the right to suspend your services, and your domain, or take your site offline, and if we have to suspend you, there may be a reconnection fee. If you have multiple accounts, services or domains, all of them will be subject to suspension in the event of non-payment. Please note that package payments or management fees will continue to be incurred for the duration of your suspension.
- In the event of cancellation, we reserve the right to withhold the release of your domain or website until such time as your account is settled.
- Domains will be renewed automatically and renewal invoiced unless you instruct us in advance to cancel the domain.
- Monthly charges for websites, which include hosting fees etc. will be charged from the date on which your prototype is created, as this is the point at which your site begins to take up resources on our servers, and shall continue until the notice period for cancellation is complete.
- We reserve the right to suspend your project within 6 months if you haven’t provided us with the information, we need in order to complete your project. All amounts outstanding will remain due.
- We reserve the right to increase our charges annually.
If you cancel after we’ve started your project, but before it goes live, we’ll invoice you for the difference between the hours we’ve spent on the project so far, at our hourly rates, and what you’ve already paid us.
- If you cancel, and there is still an outstanding balance on your account, we will exercise a lien on any property of yours we have, including but not limited to code, domains, content and images, until such time as the account is settled, and no domains can be released unless your account is up to date.
- We assume our invoices are correct. If they’re not, you have 30 days to submit a query, otherwise, the invoice will stand.
- Deposits, payments and fees paid to the Company are non-refundable and incorrect payments that have to be reversed will incur an admin fee.
- Website changes and maintenance are billed according to our hourly rate.
- Hosting Fee excludes updates made from time to time. The client will be quoted on any changes to the website that is requested and this work will only proceed on acceptance and payment of this quote.
- We guarantee that personal information provided by the user will be employed solely for the purpose of providing any service that the user has requested.
- We guarantee that no user data, personal or otherwise, will ever be passed to external agencies or third parties for any reason unless required by law.
- You may opt out of seeing ads for this site by visiting the Google advertising opt-out page.
- In addition, this site uses Google Analytics to monitor website activity.
- For more information on how Google collects and processes data please see How Google Uses Data When You Use Partner Sites or Apps.
- We use some checklists and an email-based project management system to collect the information for your project. Approval sent for any stage via the project management system or email will be considered binding, as will any instructions you have sent via these methods.
- We can’t be responsible for any delays in the project which result from awaiting your feedback, or for you to supply any of the information or content we need to finish. The longer it takes to get what we need, the longer your project will take.
- All images and wording must be provided by the client or, if needed, will be provided by @grafics at an additional fee.
- All content (including images) you supply must be owned by you. We can accept no responsibility if your content violates copyright, and will not use any content which we know does so. The pictures and wording provided by the client must be the property of the client and the client must be in possession of the required authority to distribute this content.
- @grafics is also authorised to use and or distribute the pictures, wording and final product designed on behalf of the client at its own discretion and also make changes and or amendments as it sees fit.
- All images, design elements and content remain your property, with the sole proviso that your account is up to date.
- Website content is not included. You can supply it yourself, or we can write it for you at a fixed rate per page.
- If you supply it, we will format it and fix it as needed. You’re responsible for any content or images you supply and must have the right to use them.
- All website packages are based on a fixed number of hours of design and development. If you go over those hours, additional hours will be billed at our hourly rate.
- Each stage of your website requires approval from you before we can move on to the next stage.
- At various times in the process, you’ll need to approve the design, the content, and any development your site involves. Before giving approval on each stage, you’ll have the opportunity to make changes. If you make changes to something after you’ve approved it though, those changes will be billed at hourly rates.
- Custom development is built according to the supplied spec and approved development comps. Please make sure the spec and comps are correct before approving them, as changes to development after approval, or additional development not included in the spec, will be charged at an hourly rate.
- All our sites are designed to be compatible with the latest supported browsers. We can’t guarantee compatibility of functionality for obsolete browsers.
- Payment gateways etc. involve 3rd party agreements, and as such, we can’t be responsible if they don’t work.
- We can’t guarantee the action or behaviour of any 3rd party, including visitors to or users of your website. No matter what, we can’t make a search engine rank your site, or make somebody click or buy or contact you, much as we wish we could.
- @grafics does not take any responsibility for backups of emails sent and received by the client. This is the responsibility of the client. @grafics does not have access to emails sent and received.
- Email accounts or websites that are misused or used for illegal activities will be closed immediately and also reported to the relevant authorities should @grafics find this necessary.
- @grafics may at its sole discretion make any change to the services offered, this may include modifying, improving, discontinuing etc. without notice. @grafics will also make use of service providers and/or other entities to provide its services, which can be changed at its sole discretion.
- The services provided are used by you at your own risk and our services are provided “As Is” and “As Available”.
We do not make any express or implied warranties that access to or use of the service will be uninterrupted or error-free.
- You indemnify us against any loss arising from any loss or damage, interruption of business, or any direct or indirect damages of any kind which may be attributable in any way to the use of our services, all of which use is at your own risk.
- @grafics and any of its subsidiaries or affiliates shall in no event be liable for any damages whatsoever. This shall include any damages arising out of the use of or the inability to use the service, or information, any permanent or temporary cessation of such service or access to information, the deletion or corruption of any content or information, or the failure to store any content or information.
- You may be subject to additional terms and conditions when you use, purchase or access our services or other services, affiliate services or third-party content or material.
- @grafics reserves the right to modify these terms from time to time at our sole discretion and without any notice.
- If you make any changes to your services or products, it’s essential that we have written confirmation before we can implement them. Until you confirm those changes in writing, they will not go into effect.
- Please note that in the event that you are doing email marketing, and supplying an existing mailing list, it is your responsibility to ensure that your list is permission-based and opt-in, in line with the POPI regulations.
- If any of these terms becomes legally unenforceable, it will be removed from these terms without affecting the enforceability of the remainder of them.
- No indulgence granted in respect of these terms represents a waiver of the terms, nor does it reduce the enforceability of any of the terms on which indulgence was granted.
- The Terms of this agreement will continue to apply in perpetuity until terminated by either party at any time for any reason.
- Terms that are to continue in perpetuity shall be unaffected by the termination of this agreement.
- These online terms and conditions are the only valid copy. Any changes made to these terms will apply equally to any printed version of the terms, and we reserve the right to amend them as necessary.
- By signing or paying for the quote, you agree to accept these terms.