Terms of Service

  1. Scope of work
    1. The scope of work is outlined and itemised in the provided project proposal and quotation.
    2. Should the scope of work change or the scope of any line item in the quote change, then the change in scope will be costed accordingly and billed as an extras at R950 per hour plus VAT.
  2. Cost and Payment
    1. 50% deposit required to secure services and commence work on project.
    2. Deposits are non-refundable and will be held to cover work done.
    3. Final payments are due immediately after website deployment or completion of specified project work.
    4. Items that are not itemised on the project quote will scoped out and be billed as extras at R950 per hour plus VAT.
    5. Should the scope of any of the items on the quote change, then these changes in scope will be costed and billed as extras at R950 per hour plus VAT
    6. Invoices not paid by the specified due date, will incur interest of 8% per calendar month, after 60 days of non payment until payment is received in full.
  3. Copyright Notice
    1. A Copyright notice that states “©[current year]” will be displayed on the bottom of each page of your website.
    2. Webworx branding can be included in the footer of your website unless otherwise agreed with The  Client.
  4. Intellectual Property
    1. The client will own the website, that Webworx design for The Client and any visuals and custom development that Webworx provide with it.
    2. Webworx will turn over our work product, including any necessary files, and The Client will be responsible for their safekeeping.  Webworx are not required to keep copies.
    3. Webworx guarantee that the Client have the legal right to all elements of text, photographs, and anything else that The Client provide to Webworx and that The Client will not hold us responsible for any third-party claims.
    4. Webworx will own any copyrightable work, ideas, inventions, products, or other information that Webworx create in connection with the Services Webworx are providing.
    5. Webworx guarantee that Webworx have the legal right to all elements related to the services Webworx are providing and will not hold The Client responsible for any third-party claims.
  5. Confidentiality
    1. Each party agrees to keep the existence and nature of the Agreement confidential and not to use the name of the other Party in any publicity, advertisement or other disclosure without prior written consent of the other party.
    2. Each Party also agrees to take reasonable steps to ensure the scope of the Services and will be kept confidential including proprietary information (things like trade secrets, know-how, or any other confidential information that is not publicly available).
    3. Webworx will not sell your proprietary information to a third-party or share any project details.
  6. Assignment
    1. The Parties may not assign the responsibilities that they have under this Agreement to anyone else unless both Parties agree to the assignment in writing.
  7. Termination
    1. In the event of termination request The Client can end this Agreement by giving Webworx ten (10) day written notice.
    2. If either Party fails to follow through with their responsibilities or obligations under this Agreement, the other Party can end this Agreement by giving a ten (10) day written notice.
    3. This Agreement will automatically terminate when both Parties have performed all of their obligations under the Agreement and all payments have been made.
  8. Limitation of Liability
    1. Webworx Web Design liability to The Client is only for the costs payable under this Agreement.
    2. Webworx Web Design will not be liable to the Client, or any third-party, for damages like lost profits, lost savings, incidental damages, consequential damages, or special damages.
  9. Dispute Resolution
    1. Negotiation: Webworx want to work this out.  In the event of a dispute, the Parties agree to work towards a resolution through good faith negotiation.
    2. Mediation/Arbitration: If talking it over doesn’t go well, either Party may initiate mediation or binding arbitration in a forum mutually agreed to by the Parties.
    3. Litigation: If litigation is necessary, this Agreement will be interpreted based on the laws of South Africa and jurisdiction of the South African Courts, regardless of any conflict of law issues that may arises.  
  10. Severability
    1.  If any section of this Agreement is found to be invalid, illegal, or unenforceable, the rest of the Agreement will still be enforceable.
  11. Complete Contract
    1.  This Agreement puts the Parties entire understanding of the Services to be performed and anything else the Parties have agreed to in black and white.
    2. This Agreement supersedes any other written or verbal communications between the Parties.
    3. Any subsequent changes to this Agreement must be made in writing and signed by both Parties.
  12. Notices
    1.  All notices under this agreement must be sent by either email with return confirmation of receipt, or certified or registered mail with return receipt requested to the Party addresses listed on page one.