Max-Web Terms & Conditions
Max-Web is a website and graphic design company servicing companies in South Africa..
These terms and conditions are applicable to all Web Development projects that are undertaken by Max-Web. If the project is to be hosted by Max-Web, then the same terms and conditions will apply.
The following terms and conditions document is a legal agreement between Max-Web and “Client” for the purposes of web site design or development. These Terms and Conditions set forth the provisions under which the Client may use the services supplied.
Payment of the 50% deposit is an acceptance of our terms and conditions.
These terms and conditions are always available on our website for review.
When the Client places an order to purchase a service from Max-Web, the order represents an offer to Max-Web to purchase the service which is then accepted by Max-Web only when an invoice is sent to the Client. The ‘Website Design contract for supply of services exists between Client and Max-Web. The invoice equals acceptance by Max-Web (or third party supplier) of Clients offer to purchase services from Max-Web and this acceptance of work is a valid contract between Client and Max-Web.
Any other services on the order, which have not been included in the quotation – do not form part of the contract. The Client agrees to check that the details of the quotation are correct and should keep a copy for their records.
If the account goes into 30 days, then full payment will become due for the full amount on the account.
Max-Web reserves the right to withdraw from contracts at any time prior to acceptance.
Charges for services to be provided by Max-Web are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days (thirty) unless alternate timescales has been agreed beforehand with the Client in writing. Max-Web reserving the right to alter or decline to provide a quotation after expiry of the valid timescale.
All Web Development projects will require an advance payment of fifty (50) percent of the project quotation total before work will commence. The remaining balance of the project quotation total will be due upon completion of the work prior to the server or release of materials. Charges for web development do not cover the release of source Photoshop or Flash files; if the Client requires these items then a separate quotation can be obtained.
Payment for services is due by bank transfer.
3. Client Review
Max-Web will provide the Client with an opportunity to review the appearance and content of the Web site during the design and once completed. Once the website has gone live, such materials will be deemed to be accepted and approved by the client. Client review terms are subject to be in line with the Quotation emailed to all clients and available to all upon request. The client is entitled to 3 changes only to the site.
4. Content Control
Client agrees to provide any needed information and content required by Max-Web in good time to enable Max-Web to complete a design or web site work as part of an agreed project.
Client agrees that a HTML page built from a graphic design may not exactly match the original design because of the difference between the display in design software and the rendering of HTML code by internet browser software. Max-Web agrees to try to match the design as closely as is possible when building the code.
Max-Web endeavours to create pages that are search engine friendly, however, Max-Web gives no guarantee that the site will become listed with search engines or of certain search results. In no event shall Max-Web be held liable for any changes in search engine rankings because of using Max-Web code.
If an error or issue with the design or code arises from search engine analysis, then Max-Web is not held liable.
After site completion and full payment is received, a Client or a third party of their choosing may wish to edit their website code themselves to make updates. However, the Client agrees that in so doing they assume full responsibility for any issues which occur because of changing the code themselves. If Client or a third party of their choosing edits the web site code and these results in functionality errors or the page displaying incorrectly, then Max-Web reserves the right to quote for work to repair the web site, however Max-Web will not be held liable.
Max-Web reserves the right to assign subcontractors in whole or as part of a project if needed.
Client agrees that it is their responsibility to have regular backups of their website and software made by themselves or third party services in case of a software or hardware failure upon completion and full payment of the project.
All communications between Max-Web and Client shall be by telephone, skype or email.
5. Payment and Non Payment
Max-Web will provide invoices upfront and upon completion of the work for Web Development and Design and any associated services. Invoices are due within seven (7) days of receipt after which a reminder will be sent to the Client. If the invoice has not been settled on completion of their services then Max-Web will consider the account to be in default.
Additional work requested by the Client, which is not specified in the agreed quotation, is subject to a separate quotation and Max-Web reserves the right whether to quote or accept additional work. If Max-Web accept, additional work may affect timescale and overall delivery time of the project.
The Client can choose to either pay the full cost in one payment or split the cost into 2 payments to be agreed upon with Max-Web. Should the cost be split into 2 payments then the first half of the payment is to be received before work commences and the second payment to be received towards the end of work and before handover of finished files.
Once an invoice is sent to the Client it must either be paid either by bank transfer, and sent with proof of posting to the Max-Web email. Max-Web reserves the right to decline further work on a project if there are invoices outstanding with the Client.
Client may request that the Max-Web cancel a project in writing by email to Max-Web and the project is cancelled only if Max-Web confirms work has not been started on the project. If Max-Web has begun or completed the work and the Client no longer requires the files but have agreed to the work, they are still obliged to pay Max-Web for the work that has been carried out.
All invoices are submitted by email except where required otherwise by regulations or agreed at Max-Web discretion.
Max-Web reserves the right to suspend clients accounts if account goes over 7 days and a reactivation fee of R500.00 will be charged along with the monthly back payments to reactive the account.
Max-Web will not refund deposits for work already performed on clients design projects or hosting fees/web administration agreements that have been paid in advance. We guarantee to honor our obligations of service as we expect our clients to honor theirs.
7. Web Browsers
Max-Web shall make every effort to ensure sites are designed to be viewed by the majority of visitors. Client agrees that Max-Web cannot guarantee correct functionality with all browser software across different operating systems.
Clients agree that after handover of files any updated software versions of the main browsers, Domain Name setup changes or hosting setup changes thereafter may affect the functionality and display of their web site. As such, Max-Web reserves the right to quote for any work involved in changing the web site design or web site code for it to work with updated browser software, domain name or hosting changes at their discretion, but will not be held liable.
8. Post Project Alterations
Max-Web cannot accept responsibility for any alterations caused by the Client or a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions. Max-Web may require a one-off Web Development charge before resolving any issues that may arise.
9. Domain Names
Max-Web may purchase domain names on behalf of the Client, in which case they will then be renewed on an annual basis and Max-Web will invoice the Client. Reminder emails will be sent out to the client before the domain expires. Domains ending in .co.za are automatically renewed ten (10) days before expiration. In this case, the Client must notify Max-Web that they do not wish to keep the domain thirty days before the expiration date. The loss, cancellation or otherwise of the domain brought about by none or late payment is not the responsibility of Max-Web.
The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
10. Liability and Warranty Disclaimer
Max-Web provides their web site and the contents thereof on an “as is” basis and makes no warranties with regard to the site and its contents, or fitness of services offered for a particular purpose. Max-Web cannot guarantee the functionality or operations of their web site or that it will be uninterrupted or error free, nor does it warrant that the contents are current, accurate or complete.
The Client agrees Max-Web is not liable for absence of service as a result of illness or holiday.
The Client agrees Max-Web is not liable for any failure to carry out services for reasons beyond its control including but not limited to: acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.
Max-Web is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided.
On handover of files from Max-Web to Client, the Client shall assume entire responsibility in ensuring that all files are functioning correctly before use.
Whilst every effort is made to make sure files are error free, Max-Web cannot guarantee that the display or functionality of the web design or the web site will be uninterrupted or error free. If after handover of files errors are found in code the developer has created, domain name setup and hosting setup are the same as when work began, then Max-Web can correct these errors for the Client at its own discretion, but will not be held liable for these errors.
Max-Web may from time to time recommend to the Client that updates are needed to their site to comply with, including but not limited to, new legislations, software releases and web standards. Max-Web reserves the right to quote for any updates as separate work. Client agrees Max-Web is not liable for any failure to inform or implement these updates to their site. Client agrees that it shall defend, indemnify, save and hold Max-Web harmless from any demands, liabilities, costs, losses and claims arising from omission to inform or implement these updates.
Max-Web and any third party associates agrees that, except if directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information. Likewise, the Client agrees that it will not convey any confidential information about Max-Web to another party.
In projects Max-Web and any third party associates shall use information provided by a Client in relation to this agreement in accordance with the current Data Protection Act and also for the following purposes 1) to identify the Client in communications with them 2) to contact the Client from time to time to offer them services or products which may be of interest to or benefit the Client.
Max-Web reserves the right to terminate a project with a Client at any time without prior notification if it finds the Client in breach of these terms and conditions. Max-Web shall be the sole arbiter in deciding what constitutes a breach. No refunds are given in such a situation.
This agreement shall be governed by the laws of South Africa, which shall claim venue and jurisdiction for any legal motion or claim arising from this agreement. This agreement is void where prohibited by law.
Where one or more terms of this contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.
All matters pursuant to this agreement are governed by South African Law and are under exclusive jurisdiction of the South African Courts.
Max-Web reserves the right to alter these Terms and Conditions at any time without prior notice, the latest terms and conditions can be found at the Max-Web web site at www.maxweb.co.
By accepting a quotation or making a payment of deposit to use the services supplied, the Client acknowledges to have accepted the Terms and Conditions of this Agreement, and agrees to be legally binding by these Terms and Conditions.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s payment of deposit constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.