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Terms & Conditions

The following terms and conditions apply to all services provided by MG Designs to the Client.

1. Acceptance

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts an estimate (pricing quote) then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

Please read these terms and conditions carefully. Any purchase or use of my services implies that you have read and accepted these terms and conditions.

2. Charges

Payments for services to be provided by MG Designs are defined in the project estimate (quotation) that the Client receives via email. Estimates are valid for a period of 30 days. MG Designs reserves the right to alter or decline to provide an estimate after the expiry of the 30 days.

Unless agreed otherwise with the Client, all design services require an advance payment of a minimum of thirty (30) percent of the project estimate total before the work is supplied to the Client for review. The remaining sixty (60) percent of the project estimated total is due upon completion of the work, prior to the release of materials, or website upload to the server.

Payment for services is due by electronic funds transfer unless agreed otherwise with the Client. Bank details will be made available on invoices.

3. Client Review

MG Designs will provide the Client with an opportunity to review the appearance and content of the project at regular or preset intervals during the design phase, and once the overall project development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies MG Designs otherwise within ten (10) days of the date the materials are made available to the Client.

4. Turnaround Time and Content Control

MG Designs will provide the final artwork or install and publicly post or supply the Client’s website at a date agreed with Client upon MG Designs receiving initial payment, unless a delay is specifically requested by the Client and agreed upon by MG Designs.

In return, the Client agrees to delegate a single individual as a primary contact to aid MG Designs with progressing the commission in a satisfactory and expedient manner.

During the project, MG Designs will require the Client to provide all necessary content as stipulated in the project estimate.

5. Failure to provide required content

MG Designs is a small business, to remain efficient I must ensure that work I have planned is carried out at the scheduled time. On occasions, I may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.

This is why I ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because I have not been given the required information in the agreed time frame, and I am delayed as a result, I reserve the right to impose a surcharge of up to 40%. If your project involves Search Engine Optimisation I need the text content for your site in advance so that the SEO can be planned and completed efficiently.

If you agree to provide me with the required information and subsequently fail to do within one week of project commencement I reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give me the go-ahead to start until you are ready to do so.

NOTE: Text content should be delivered as a Microsoft Word, Google Docs, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your design or website. Contact me if you need clarification on this.

6. Payment

Invoices will be provided by MG Designs upon completion but before providing the final artwork or publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due within one week upon receipt. Accounts that remain unpaid seven (7) days after the due date of the invoice will be assessed a service charge in the amount of the higher of twenty per cent (20%) or R 1 000 per week of the total amount due.

7. Additional Expenses

MG Designs makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Google Chrome, Mozilla Firefox, Microsoft Edge, Microsoft Internet Explorer 11). Client agrees that MG Designs cannot guarantee correct functionality with all browser software across different operating systems.

MG Designs cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, MG Designs reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

8. Default

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on MG Designs’ webspace, MG Designs will, at my discretion, remove all such material from my webspace. MG Designs is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Clients with accounts in default agree to pay MG Designs reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by MG Designs in enforcing these Terms and Conditions.

9. Termination

Termination of services by the Client must be requested in a written notice (email format accepted) and will be effective on receipt of such notice. Telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

10. Indemnity

All MG Designs services may be used for lawful purposes only. You agree to indemnify and hold MG Designs harmless from any claims resulting from your use of my service that damages you or any other party.

11. Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants MG Designs the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting MG Designs permission and rights for use of the same and agrees to indemnify and hold MG Designs harmless from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to MG Designs that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

12. Standard Media Delivery

Unless otherwise specified in the project estimate, this Agreement assumes that any text will be provided by the Client in electronic format (via email or Google Drive) and that all photographs and other graphics will be provided in electronic format (via email or Google Drive) or physically in high-quality print suitable for scanning or electronically in .pdf, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by MG Designs to return to the Client any images or printed material provided for use in the creation of the Client’s website, such return cannot be guaranteed.

13. Design Credit

A link to MG Designs will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit is removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than R20,000.00, a fixed fee of R1,500.00 will be applied. The Client also agrees that the artwork or website developed for the Client may be presented in MG Designs’ Behance portfolio or Facebook page.

14. Consulting Services

The purpose of the initial consultation is for MG Designs to learn about you and your particular needs. The first hour of the initial consultation is provided to you free of charge. Any additional consultation meetings during the project at your offices will be billed at the rate of R300.00 per hour. Consultations via telephone or electronic conferencing (i.e. Skype or Google Hangouts) will also be free of charge for the first hour, whereupon it will be billed per additional hour at the rate of R200.00 per hour.

15. Access Requirements

If the Client’s website is to be installed on a third-party server, MG Designs must be granted temporary access to the Client’s storage directories which must be accessible via FTP and cPanel. Depending on the specific nature of the project, other resources might also need to be configured on the server.

16. Post-Placement Alterations

MG Designs cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.

17. Domain Names

MG Designs may purchase domain names on behalf of the Client. Payment and renewal of those domain names are the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by late or no payment is not the responsibility of MG Designs. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

18. General

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes the agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of my terms and conditions.

19. Governing Law

This Agreement shall be governed by South African Law.

20. Liability

MG Designs hereby excludes itself, its Employees and or Agents from all and any liability from:

  • Loss or damage caused by any inaccuracy;
  • Loss or damage caused by omission;
  • Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the design or website;
  • Loss or damage to clients’ artwork/photos, supplied for the design or website. Immaterial whether the loss or damage results from negligence or otherwise.

The entire liability of MG Designs to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

21. Severability

In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid, illegal or unenforceable provision.

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