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General Terms and Conditions

 

The intention with this memorandum is to outline the terms of agreement under which Specialized Graphics operate to everyone's benefit.  These are the general terms and conditions that form the basis of all transactions but may be added to by specific terms and conditions to highlight other specific circumstances, or expand on what is stated here.

Specialized Websites is a tool to promote the Web Services of Specialized Graphics and all transactions are done in the legal capacity of Specialized Graphics.

  1. Products and Services
    The following briefly defines the Web Services that we offer:
    1. Consultation regarding communications, marketing and advertising of small businesses, social groups or individuals in particular on the Internet.
    2. Web site design and development with the aim of communicating a message or an image to a desired target market.
    3. Maintenance and optimization of websites on the Internet
    4. Ineternet Hosting and Domain name registrations and administration
    5. Internet Marketing including SEO, Keyword Research, link building and email marketing.
    6. Website assesments.

  2. Scope and lead times
    The type, size and volume of work that we are able to perform at any given time is restricted by the availability of resources and influenced by the amount of work already on our books at the time.

    If we are fully occupied then it may happen that we are unable to quote for a specific job or that we are unable to comply with the time schedule that will be imposed by a specific requirement. This condition overrides any terms specified in our price lists, on the Internet or in print regarding any offers we have made or implied and may result in our not accepting a specific job.

    Once we've accepted a job however, based on a quotation that we have given, and have issued an Order Confirmation we will use reasonable diligence to complete the work at the agreed time that is normally specified as the Expected Completion date on the order confirmation.

    Web design jobs with a price tag of less than R10 000 can normally be completed within ten to fifteen working days from receipt of the order.


  3. Pricing
    Unless a package or bundle of services which is sold for a fixed price is involved, the average hourly rate for web services is R250-00 excluding 14% VAT. Please note that this implies a price range of between R200 and R350 per hour excluding 14% VAT.

    We don't alter our prices according to changing demand and we don't engage in price wars. There are times when negotiations will result in reduced prices but it will still be based on fair exchange of payment for value offered.

    In general we have found that once our customers have agreed to do business with us that they return again and again because the value that they receive, compares favorably to the price that they pay.

  4. Validity of Price lists
    We will honor old prices for 15 days after any change to price lists on our website. 

  5. Ownership
    Specializes Graphics holds all right, title and interest in and to any product or service until it has been paid for in full. No customer shall do anything that may infringe upon or in any way undermine Specialize Graphics' right, title and interest to any product or service whether it has been delivered or not.

  6. Compensation
    1. Once off products or services
      A customer shall compensate Specialize Graphics in cash (by means of electronic transfer, direct cash deposit or in cash) the amount specified in the Total on the Purchase Order Confirmation or the Total on the Invoice whichever be the latest. This payment shall be effected in either of the following ways:

      1. A full up front payment for orders less than R750-00 or for orders where such payment terms have been negotiated. (Upfront payment of large orders may entitle a customer to reduced pricing)

      2. Payment of total costs in two installments with (i) an up front payment of fifty percent (50%) and (ii) a second payment on completion of the work (prior to dispatch of physical products) of the balance due.

      3. It is required that all setup costs with regard to Internet hosting be paid in advance. Such setup fees are non-refundable once setup was initiated.

      Unfortunately we do not offer credit card facilities neither do we accept payment by cheque. Payments that are made by cheque deposits will be subject to the prevailing clearing periods before it will be considered as payment.

    2. Re-curring services
      1. Internet hosting fees
        Re-curring services such as Internet hosting are payable 30 days in advance on a monthly basis, payable on the first day of the month for which the charge is made. It is agreed that until and unless Specialized Graphics have received notification of a desire to cancel any or all hosting services being rendered, that those services will be billed on a recurring basis.

      2. Domain name renewal fees
        Annual re-curring services such as domain renewals are also payable in advance. Email notification of an upcoming domain renewal will be made prior to the renewal taking place. Unless specific instruction to cancel the domain name renewal was received, the domain will be renewed for an additional term and a bill will be issued for the fees involved.

    In the event that a customer fails to make any of the payments that become due, Specialized Graphics shall have the right, but will not be obligated, to pursue any or all of the following remedies: (1) terminate the agreement, (2) re-possess the product, cancel any services in effect, withdraw any services that were provided or (3) bring legal action.

  7. Termination of re-curring services
    Any agreement to provide re-curring services shall continue indefinitely and shall be terminable on the expiry of 30 Days written notice given by either party to the other.

  8. Indemnification
    All customers shall indemnify and hold Specialized Graphics harmless from and against any and all claims, judgments, awards, costs, expenses, damages and liabilities (including reasonable attorney fees) of whatsoever kind and nature that may be asserted, granted or imposed against Specialized Graphics directly or indirectly arising from or in connection with a customer's use of services or products that were provided by Specialized Graphics or it's contractors.

  9. Warranties
    Specialized Graphics warrants that products will conform to the specifications agreed upon. If any product does not conform to specification, Specialized Graphics shall be responsible to correct the product without unreasonable delay, at Specialized Graphics sole expense and without charge to a customer, to bring the product into conformance with the specification. This warranty shall be the exclusive warranty available to any customer. All customers waives any other warranty, express or implied. All customers acknowledge that Specialized Graphics are not responsible for the results obtained by any customer's use of a product. All customers wave any claim for damages, direct or indirect, and agrees that its sole and exclusive remedy for damages (either in contract or tort) will be the return of any considerations paid to Specialized Graphics.

    Apart from the warranty mentioned in the previous paragraph, Specialized Graphics makes no other warranties or representations of any kind, whether expressed or implied for the services or products that it provides. Services and products are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose, and will not be responsible for any damages that may be suffered by a customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of a customer.

    If you are dissatisfied with Specialized Graphics' services or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy will be to discontinue using the services.

    Specifically regarding Internet servcices:
    Specialized Graphics provides no warranty that Internet hosting services will be uninterrupted or error free or that any information, software or other material accessible on the hosting service is free from viruses or other harmful components. Under no circumstances shall Specialized Graphics be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from the use of or inability to use the services or products, or for third parties' use of a service to access Internet web space, or to access the Internet or any part thereof, or a customer's or any third parties' reliance on or use of information, services, or merchandise provided on or through the hosting service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance.

    It is understood that by placing information on the hosting servers that we use that such information becomes available to all Internet users and that Specialized Graphics has no way of limiting or restricting access to such information or protecting such information from copyright infringement. Any customer assumes total responsibility and risk for the use of the hosting servers that we use and the Internet. It is solely the responsibility of a customer to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of all merchandise provided through Specialized Graphics or on the Internet generally. Any advice or information obtained by way of Specialized Graphics, it's employees, contractors or owners is used at own risk, and Specialized Graphics specifically denies any responsibility for the accuracy or quality of information obtained through its services or products.

    Connection speed represents the speed of an end-to-end connection. Specialized Graphics does not represent guarantees of speed or availability of end-to-end connections. Specialized Graphics expressly limits its damages to a customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Specialized Graphics specifically denies any responsibilities for any damages arising as a consequence of such unavailability.

  10. Copy Rights
    All customers warrant that they have the right to use any applicable trademarks or copyrighted material provided to Specialized Graphics for use in connection with a service or product requested from Specialized Graphics.

  11. Refusal or discontinuance of service
    Specialized Graphics reserves the right to refuse to produce products or to discontinue hosting services to anyone at Specialized Graphics' sole discretion. Terms and conditions regarding Hosting are specified in detail in the Hosting terms statement on this website.

  12. Artwork
    Artwork preparation or manipulation is subject to quotation and additional time should be allowed if this is required.

Last Updated (Wednesday, 22 December 2010 02:44)