You hereby agree that you have read and understand our Terms & Conditions *
Terms & Conditions
These terms and conditions are the contract between you (the client) and Studio Swart (Pty) Ltd t/a Swart Digital Studio (“us”, “we”, “Swart Digital studio” etc). By visiting or using our website, signing up or purchasing any of our products or services, you agree to be bound by the Terms and Conditions outlined on this page.
Web Partner (Pty) Ltd's (Swart Digital studio) number one priority is to offer the CLIENT a professional web service, which may include, but is not limited to web design, hosting, domain registration/renewal, maintenance, online advertising management, search engine optimization, social media marketing and graphic design.
A pay monthly website is the perfect way to get your business online with the support of our professional design team. Your website will look and function every bit as good as one that costs much more. With a low monthly fee, you can invest the time and money into other areas of your business.
In addition to reducing your upfront expense, having a pay monthly website means your company will benefit from having a professional online presence without having to worry about keeping it updated. People tend to forget how important it is to make sure your emails and your servers are working round the clock and paying monthly is a nice assurance policy for your business.
Another important point to note is that there are ALWAYS ongoing expenses related to websites in any case. Even if you go with a “Once-off” package, there are extra costs in website ownership other than the design and development of the website. You’ll need a domain name, hosting, emails, and an SSL Certificate for extra security at the least. These are usually monthly/yearly renewal fees. There is also a possibility you’ll need bug fixes, software updates, and content updates. These come up at a moments notice and are often billed at an hourly rate.
We do not provide any promises or warranties regarding the outcomes you may expect from the Services received.
Due to the low costs of our web design packages, these websites are limited to theme selection only. Once you have made your non-refundable administrative fee and we have received all your web content, your website will be up within a minimum of 5-15 working days depending on your package selection. Please note that work only commences once a subscription has been made.
The CLIENT authorises Web Partner (Pty)Ltd to perform the services outlined in this agreement on the CLIENTS’ behalf, which may include, but is not limited to, registering their domain, accessing their hosting account and disk space, creating databases and applications, managing their online advertising, and submitting their project to search engines.
Services supplied, costs and rates are limited to what is specifically set forth in the service package agreement. Any additional services will require an additional agreement. Our agreement is for the full package containing various services.
Should the CLIENT not utilise all services offered within the complete package, the CLIENT will still be liable for the full payment for the complete package.
Production schedules will be established and adhered to by both the CLIENT and Web Partner (Pty)Ltd. Where production schedules are not adhered to by the CLIENT, final delivery date or dates will be adjusted accordingly. Additional costs may be charged for CLIENT delays if the delays result in an increase in time to manage or deliver the services.
CLIENT shall use all reasonable efforts to provide needed information, materials and approvals. Any delay by the CLIENT will result in a day-for-day extension of the due date for all Deliverables. Unless otherwise expressly agreed, it is the client’s responsibility to provide all content (written copy, images, videos etc.) in order to create the website. This must be supplied within a reasonable time-frame, ideally within 2-4 weeks of project commencement. Delays in supplying all content required to complete the site will result in the development being put on hold.
The CLIENT agrees to pay Web Partner (Pty)Ltd in accordance with the terms specified in each proposal/estimate. Payment will be due from the date of signing the agreement. All once off administrative fees are to be paid before commencement of each project and NON-REFUNDABLE.
If the CLIENT fails to pay any invoice, Web Partner (Pty)Ltd reserves the right to withdraw the website and associated materials or refuse completion and/or delivery of work until past due balances are paid. All materials or property belonging to the CLIENT, as well as work performed, may be retained as security until all just claims against the CLIENT are satisfied. The CLIENT is responsible for any debt collection, legal or court fees which may come due.
In the event of cancellation of the project prior to completion, the CLIENT will be liable for 1 month's payment as per the 30-day cancellation notice.
Web Partner (Pty)Ltd will not disclose to any third party or use, other than for the purposes of this agreement, any knowledge or information imparted to or obtained by it during or in connection with the fulfilment of this agreement, which is of a secret or confidential nature relating to the business, equipment, processes, products, services, or business strategies offered or employed by the CLIENT. This obligation of confidence will cease to apply in relation to information that Web Partner (Pty)Ltd is required to disclose by any law, or which becomes part of the public domain other than as the result of a breach by Web Partner (Pty)Ltd of its obligations of confidence under this Agreement.
If needed, Web Partner (Pty)Ltd reserves the right to outsource any specific project requirements to ensure that the terms of this agreement are met. Any subcontractors or external suppliers will be bound to the terms of this agreement.
Web Partner (Pty)Ltd is confident that the CLIENT’s expectations will be exceeded and as such is notifying the CLIENT that Web Partner (Pty)Ltd reserves the right to use the CLIENT’s website, associated graphics and any unused ideas and development in the promotion of Web Partner (Pty)Ltd services or any design competitions. CLIENT agrees to allow Web Partner (Pty)Ltd to retain a credit and link from the footer of the website.
The CLIENT is responsible for all trademark, service mark, copyright, and patent infringement clearances. The CLIENT is also responsible for arranging, prior to publication, any necessary legal clearance of materials Web Partner (Pty)Ltd uses for this project. The CLIENT indemnifies Web Partner (Pty)Ltd against any loss or damage arising directly or indirectly from any unauthorised use of photographs, text, or other Intellectual Property not under copyright ownership of the CLIENT.
Ownership / Project Copyright
Web Partner (Pty)Ltd reserves all rights over working source files, databases and owns full ownership of the website and design. The CLIENT will not have access to the Control Panel, Database or FTP, unless otherwise agreed to.
Cpanel & FTP
Web Partner (Pty)Ltd does not provide clients with Cpanel or FTP details.
Service provider hosts websites on behalf of clients as long as monthly subscription is paid. Should the client wish to transfer website files over to another hosting provider within the first 24 months of subscription, the following fees will apply:
– Standard Packages: R6 000 payment required upfront to release web files
– E-Commerce Packages: R12 000 payment required upfront in order to release web files.
Should client wish to transfer only domain name, an hourly fee will be charged dependent on requirements.
Should client wish to transfer website over to new hosting provider after 24-month subscription period, an hourly fee will be charged dependent on requirements.
Costs and Fees
All rates provided in this agreement are for the work actually contemplated by this agreement. In the event that additional work is required or requested beyond what is reasonably contemplated by this agreement, Customer agrees to pay any additional charges for such unanticipated or requested work at an hourly rate or monthly fee mutually agreeable to both parties.
Should Web Partner (Pty)Ltd receive a subscription payment failure (out of funds, or any other payment error) from CLIENTS subscription, clients web files and hosting will be terminated with immediate effect. CLIENT will be notified about the issue within 24 – 48 hours. If the issue is not resolved within a maximum of 4 days or Web Partner (Pty)Ltd receives no response from client on the matter, CLIENTS website hosting shall be terminated. In addition, CLIENT accepts that website files will be irretrievable after this period as server backups are only kept for 4 days.
Open Source Software
Web Partner (Pty)Ltd makes extensive use of open source software and components to supply websites and services to the CLIENT. Web Partner (Pty)Ltd will not charge additional licensing fees on open source software.
The CLIENT indemnifies Web Partner (Pty)Ltd against any loss or damage arising directly or indirectly from any failure of software supplied to the CLIENT.
All software and components not developed by Web Partner (Pty)Ltd retain the original license and terms associated with them. Web Partner (Pty)Ltd cannot assign any rights to the CLIENT and the CLIENT agrees to be bound by the original Author’s terms.
Web Partner (Pty)Ltd shall not be deemed in breach of this Agreement if Web Partner (Pty)Ltd is unable to complete the Services or any portion thereof by reason of fire, earthquake, labour dispute, act of God, death, illness or incapacity of Web Partner (Pty)Ltd or any local, provincial, national or international law, governmental order or regulation or any other event beyond Web Partner (Pty)Ltd’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, Web Partner (Pty)Ltd shall give notice to the CLIENT of its inability to perform or of delay in completing the Services and shall propose revisions to the schedule for completion of the Services.
Limitation of Liability
The services and the work product of Web Partner (Pty)Ltd are sold “as is.” In all circumstances, the maximum liability of its Designers, Directors, Officers, Employees, Design Agents and Affiliates (“Web Partner (Pty)Ltd parties”), to the CLIENT for damages for any and all causes whatsoever, and the CLIENT’s maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, shall be limited to the net cost of this project as specified in this Agreement. In no event shall Web Partner (Pty)Ltd be liable for any lost data or content, lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or relating to the materials or the services provided by Web Partner (Pty)Ltd even if Web Partner (Pty)Ltd has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy.
We do not accept any liability howsoever arising in regard to the lawfulness or otherwise in regard to your website you want us to design for you. All legal formalities are entirely your responsibility and the website is set up according to your instructions at your sole risk in the above regard. You hereby indemnify us against any claims howsoever arising from the website or its content being unlawful or failing to comply with relevant legislation.
You agree to further indemnify us against any copyright claims for images that are approved by you for use in any graphic or website related work.
Termination / Cancellation
Web Partner (Pty)Ltd may terminate this Agreement with immediate effect giving written notice to the other of such termination. The CLIENT may terminate the agreement providing 30 days written notice. The CLIENT will be liable for final payment during the 30 days’ notice period and all other outstanding balances. The CLIENT shall assume responsibility for collection of all legal fees necessitated by default in payment.
In the event that CLIENT changes their minds and wishes to resubscribe, this needs to be done within no longer than 3 days of cancellation in order to restore web files. CLIENT accepts that any web files will be irretrievable after this period as server backups are only kept for 3 days.
Should client wish to receive their web files, client needs to notify Web Partner (Pty)Ltd before cancelling hosting. The fees outlined above under “website transfers” are then applicable.
All domain names are legally owned by the CLIENT. All domain name registrations are subject to availability and registration rules. Web Partner (Pty)Ltd will manage the domain name(s) on behalf of the CLIENT unless the CLIENT requests in writing that the CLIENT manages their own domain(s) and payment of fees.
Web Partner (Pty)Ltd is an Accredited Registrar with the ZA Registry in South Africa.
The CLIENT indemnifies Web Partner (Pty)Ltd against any loss or damage arising directly or indirectly from any failure of services related to domain renewals, registrations, domain name trademarks.
Web Partner (Pty)Ltd will offer the suggested hosting package required for the CLIENT's project.
The exact package required will determine the monthly cost. Due to website growth, disk-space and an increase in traffic, the CLIENT will be responsible for any over-usage, charged per GB for Traffic & per 10mb for Disk Space.
Should the CLIENT decide to make use of their own hosting provider, the CLIENT will be responsible for contacting the chosen host for support relating to hosting matters & ensure that Web Partner (Pty)Ltd will have the correct hosting environment needed for the project. Web Partner (Pty)Ltd will charge for costs incurred liaising with the hosting company and supporting the CLIENT with hosting related issues. Web Partner (Pty)Ltd will charge for costs incurred due to differences in hosting environment if installation and management exceeds standard time frames.
Our websites are optimised for XHTML compliant browsers and adjusted to support the latest versions of Google Chrome, Mozilla Firefox & Internet Explorer (IE). We test using the browsers that are statistically the most commonly used. Layout and aesthetic elements may change or degrade in some browsers.
Website visitors use different monitors with different settings. Colours and image quality of the website including graphics and photography will shift between computers and monitors.
Testing and Acceptance of the Website
Once the project has, in the opinion of Web Partner (Pty)Ltd been completed, Web Partner (Pty)Ltd will notify the CLIENT either verbally or in writing, and provide the CLIENT with an opportunity to test and review the website. If the CLIENT determines that the website does not comply with the Project Components agreed to in this document, Web Partner (Pty)Ltd agrees to carry out any necessary and reasonable modifications.
If the CLIENT or an agent of The CLIENT other than Web Partner (Pty)Ltd attempts to update, edit or alter the site’s template, infrastructure, source files or hosting management in a way that causes damage to individual pages or the site’s architecture, time to repair web pages will be assessed at our STANDARD or OVERTIME hourly rate, and is an additional cost above the costs outlined in the agreement.
Errors and Omissions
It is Web Partner (Pty)Ltd’s responsibility to carefully check for accuracy in all respects, ranging from technical illustrations and to ensure an overall error free environment. Spell checking would be billed separately if content is supplied by CLIENT and will be discussed beforehand. However, Web Partner (Pty)Ltd is not liable for errors, omissions or content/illustrations/images supplied by the CLIENT. The CLIENT indemnifies Web Partner (Pty)Ltd against any loss or damage arising directly or indirectly from any errors and omissions.
Web Partner (Pty)Ltd’s guarantees 99% website uptime. As websites are being hosted by a 3rd party hosting provider, client acknowledges that there may be occasional downtime for web maintenance, etc. which is beyond our control.
All graphic design services (business branding incl logos, business cards, artwork) supplied by Web Partner (Pty)Ltd strictly includes three variations of designs. Changes and updates as requested by the CLIENT includes no more than THREE changes to the design where ONE includes the full change of the design style, there after any additional charges that will be discussed with the CLIENT before any changes are proceeded with.
Web Partner (Pty)Ltd offers Monthly Maintenance as set out in the service package agreement. Web Partner (Pty)Ltd will ensure that any maintenance work is attended to within 48 working hours from date of receiving the instructions from the CLIENT. Maintenance does NOT include any changes to the physical design of the website, but purely software update & content updates.
All text must be supplied in digital format that can be copied and pasted. Web Partner (Pty)Ltd will not re-type/type-out any text found in any non-editable file format.
Graphics and photographs are to be supplied in digital format on Email, File Transfer, Flash Drive. Photographs must not exceed a file size of 2mb each (unless by prior arrangement). Larger files will incur an extra cost due to increased time in processing. If professional editing of images is required, it would be discussed before the commencing of the project with the CLIENT and will be billed at additional cost.
All logos and branding must be provided in an industry standard vector format.
Proofing of final project
To limit any possible errors in artwork, designs will not go to production until they have been approved by The CLIENT. Web Partner (Pty)Ltd will not be held responsible for errors if the client misses something in the proof, has reused a printed or digital proof, or if the client, during order placement, has requested the order go to production without proofing.
The CLIENT agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge. The CLIENT also agrees that Web Partner (Pty)Ltd holds no responsibility for any amendments made by any third party, before or after a design is published.
Should Web Partner (Pty)Ltd need to travel on The CLEINTS’s business outside Gauteng but within South Africa and upon The CLIENT’s request, Web Partner (Pty)Ltd shall be reimbursed at a “per diem” expense per person travelling of ZAR 2,000 (ex VAT). In the event that Web Partner (Pty)Ltd is required to travel outside of South Africa upon The Client’s request, Web Partner (Pty)Ltd shall be reimbursed at a “per diem” expense per person travelling of USD 450 (ex VAT).
Should there be any allegations against the CLIENT regarding illegal activity on the website eg, using the website to scam users/ fraud clients, Web Partner will have the right to terminate the website with immediate effect. It is the CLIENTS responsibility to provide Web Partner (Pty)Ltd with proof that such allegations are false before the website will be activated again. If however accusations cannot be proven false, Web Partner (Pty)Ltd have the right to report the CLIENT to the appropriate authorities.
Emails & Spam
While hosting with Web Partner on Xneelo servers, the below information is effective and the Acceptable Use Policy needs to be followed at all times.
Failure to follow the Acceptable Use Policy could result in a first and final warning, or immediate termination of hosting, website and email services, without notice.
- Acceptable Use Policy
- What are the industry best practices, regarding spam, which I should follow?
- What will happen if I have been accused of spamming?
- How to manage a legitimate mailing list
- Email sending limit
This Contract and any other matters concerning the relationship between Web Partner (Pty)Ltd and The CLIENT shall be governed by and construed in accordance with the Law of South Africa.
Web Partner (Pty)Ltd makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Web Partner (Pty)Ltd will not be held responsible for any and all damages resulting from products and/or services it supplies. Web Partner (Pty)Ltd is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold Web Partner (Pty)Ltd responsible for any such loss or damage. Any claim against Web Partner (Pty)Ltd shall be limited to the relevant fee(s) paid by The CLIENT.
Web Partner (Pty)Ltd reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Web Partner (Pty)Ltd will not knowingly perform any actions to contravene these and the client also agrees to be so bound. Burg Design and its clients agree to comply with Printers Terms and Conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. Web Partner (Pty)Ltd recommend that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.
Studio Swart (Pty) Ltd t/a Swart Digital revised 2021