Terms and Conditions

Terms & Conditions

This document defines the terms and conditions of our working relationship. Unless otherwise agreed to in writing by both the parties, by placing an order with Parker Website Development you confirm that you are in agreement with and bound by the terms and conditions below.

Definitions

As used herein and throughout this Agreement:

“Agreement” means the entire content of this Basic Terms and Conditions document and Quote the Proposal document(s), Schedule(s), together with any other Supplements designated below, together with any exhibits, schedules or attachments hereto.

“Content” means all materials, information, photography, writings and other creative content.

“Copyrights” means the property rights in original works of authorship, expressed in a tangible medium of expression, as defined and enforceable under South African and International Copyright Law.

“Deliverables” means the services and work product specified in the Quote and support Email to be delivered by Parker Website Development to the CLIENT. 

“Services” means all services and the work product to be provided tot the Client by Parker Website Development as described and otherwise further defined on the Customer Quote.

“Trademarks” means trade names, words, symbols, designs, logos or other devices or designs used in the Final Deliverables.

Service Maintenance / Management

“Ongoing Management” means the ongoing work to keep the website functioning and secure as agreed. Our Service Maintenance plan that is standard with all our website packages falls away if a CLIENT removes our access and sign in details from the hosting provider. Our Service Guarantee falls away if our Websites are redesigned / developed for any reason by the CLIENT or any other third party. Our Service Agreement falls away if the CLIENT does not pay the monthly hosting fee in order to prevent deletion from Go Daddy or any other platform we use. We only cover Service Agreements on the Website Packages that was delivered by our Team. This includes, but is not limited to: data management, backups, maintenance, upgrades, software patches add on services not agreed on in our Quote.

General Terms

Service you can Trust
Parker Website Development's 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.

Authorization
The CLIENT authorises Parker Website Development 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.

Agreement Scope
Services supplied, costs and rates are limited to what is specifically set forth in the quoted package agreement. Any additional services will require an additional agreement. Our agreement is for the full package containing various services outlined in the Quote.

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.

Costs and Fees
Changes and additions outside of the scope of this document will be quoted and invoiced to the CLIENT. The CLIENT will be advised of all costs, changes and additions before commencement of the additional work. Fees for professional services do not include outside purchases such as, but not limited to, software licensing, copyright licensing, photography, color printouts, illustrations, accounting or courier services. Additional services and expenses are itemized on each quote  

and only the quote accepted and paid for will be the agreed scope of work.

Production Schedules
Production schedules will be established and adhered to by both the CLIENT and Parker Website Development.  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.

If we are delayed due to products not performing or any circumstances beyond our control , we will keep the CLIENT informed at all times telephonically, on WhatsApp or email.  

Payment
The CLIENT agrees to pay Parker Website Development in accordance with the terms specified in each Quote.

Monthly Hosting Payments 

If the CLIENT fails to pay an Invoice, Parker Website Development reserves the right to withdraw the Website and associated materials or refuse completion and/or delivery of work until past due balances are paid. If the CLIENT fails to pay monthly hosting fees and the Website is deleted, Parker Website Development will not be held responsible. It is the CLIENT’S responsibility to make sure all outstanding Invoices are paid on time. The CLIENT will not be entitled to a new Website Free of Charge if the Website is deleted by the service provider due to Invoices not paid in time. Parker Website Development will do its utmost best to prevent this, but it remains the responsibility of the CLIENT to pay the monthly Invoices on time. 

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.

Non Payment / Outstanding Invoices:

If Websites are deleted due to non payment of outstanding Invoices or late payment of outstanding Invoices, and no correspondence received from CLIENT’S, Parker Website Development will not be held accountable for the reinstatement fee charged by Go Daddy.  The reinstatement fee will be paid to Go Daddy or the service provider directly before we can recover the CLIENTS Website. If the reinstatement fee is not paid within the specific time period, the Website will be deleted permanently by Go Daddy or the service provider. 

Confidentiality
Parker Website Development 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 Parker Website Development is required to disclose by any law, or which becomes part of the public domain other than as the result of a breach by Parker Website Development of its obligations of confidence under this Agreement.

Outsourcing
If needed, Parker Website Development reserves the right to outsource any specific project requirements to insure that the terms of this agreement are met. Any subcontractors or external suppliers will be bound to the terms of this agreement.

Promotion
Parker Website Development is confident that the CLIENT’s expectations will be exceeded and as such is notifying the CLIENT that Parker Website Development reserves the right to use the CLIENT’s website, associated graphics and any unused ideas and development in the promotion of Parker Website Development services or any design competitions. CLIENT agrees to allow Parker Website Development to retain a credit and link from the footer of the website. Once the Link is removed by the  CLIENT, the service and agreement falls away. 

Copyright
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 Parker Website Development  uses for this project. The CLIENT indemnifies  Parker Website Development 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
Parker Website Development 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. Once we are removed from the CLIENT'S Control Panel, our Service Agreement is canceled with immediate effect. 

Open Source Software
Parker Website Development  makes extensive use of open source software and components to supply websites and services to the CLIENT. Parker Website Development  will not charge additional licensing fees on open source software.

The CLIENT indemnifies Parker Website Development 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 Parker Website Development retain the original license and terms associated with them. Parker Website Development cannot assign any rights to the CLIENT and the CLIENT agrees to be bound by the original terms.

Force Majeure
Parker Website Development shall not be deemed in breach of this Agreement if Parker Website Development is unable to complete the Services or any portion thereof by reason of fire, earthquake, labor dispute, act of God, death, illness or incapacity of Parker Website Development or any local, provincial, national or international law, governmental order or regulation or any other event beyond  Parker Website Development control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, Parker Website Development 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 Parker Website Development are sold “as is.” In all circumstances, the maximum liability of its Designers, Directors, Officers, Employees, Design Agents and Affiliates Parker Website Development 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,  or otherwise, shall be limited to the net cost of this project as specified in this Agreement. In no event shall  Parker Website Development 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 Parker Website Development even if Parker Website Development has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy.

Termination / Cancellation
Parker Website Development 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.

Domain Names
All domain names are legally owned by the CLIENT. All domain name registrations are subject to availability and registration rules. Parker Website Development 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.

The CLIENT indemnifies Parker Website Development against any loss or damage arising directly or indirectly from any failure of services related to domain renewals, registrations, domain name trademarks.

Hosting
Parker Website Development 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 Parker Website Development will have the correct hosting environment needed for the project. Parker Website Development will charge for costs incurred liaising with the hosting company and supporting the CLIENT with hosting related issues. Parker Website Development will charge for costs incurred due to differences in hosting environment if installation and management exceeds standard time frames.

Browser Variance
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.

Colours
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 Parker Website Development  been completed, Parker Website Development 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 the Quote, Parker Website Development agrees to carry out any necessary and reasonable modifications provided that our access has not been deleted by the CLIENT.  Any other work performed by third parties are not our responsibility and will therefor not be covered in this agreement.

Client Responsibilities
If the CLIENT or an agent of The CLIENT other than Parker Website Development 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 Parker Website Development responsibility to carefully check for accuracy in all respects, ranging from spelling, technical illustrations and ensure an overall error free environment. However Parker Website Development is not liable for errors or omissions. The CLIENT indemnifies Parker Website Development d against any loss or damage arising directly or indirectly from any errors and omissions.

Updates/Changes
Parker Website Development offers Monthly Maintenance as set out in the quoted package agreement. Parker Website Development  will ensure that any maintenance work is attended to within 48 working hours from date of receiving the instructions from the CLIENT.

Copy
All text must be supplied in digital format that can be copied and pasted. Parker Website Development will not re-type/type-out any text found in any non-editable file format.

Images
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.

Branding
All logos and branding must be provided in an industry standard vector format.

Fraud/Scam
Should there be any allegations against the CLIENT regarding illegal activity on the website eg, using the website to scam users/ fraud clients, Parker Website Development will have the right to terminate the website with immediate effect. It is the CLIENTS responsibility to provide Parker Website Development with proof that such allegations are false, before the website will be activated again.

Emails & Spam
While hosting with Parker Website Development 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.