For and on behalf of any Client(s) who have duly signed Digital Infinity's estimations(s) for any products and/or services agree to the following Terms & Conditions that is a legal and binding document, applicable to all products and/or services undertaken by Digital Infinity (Pty) Ltd, and therefore authorise Digital Infinity to render the aforementioned products and deliver said services.
Terms and Conditions Articles:
1. Project Specifications.
1.1. In order for Digital Infinity to provide an accurate estimation, The Client must supply the Project Specifications to Digital Infinity. Acceptance of the provided estimation is binding.
1.2. The Project Specifications sheet for Digital Infinity is available to download here, This sheet is to be completed and submitted to Digital Infinity at the following web-dev@digitalinfinity.co.za email address.
1.3. Digital Infinity is willing to assist the Client, If the Client requires further assistance with creating Project Specifications. The client understands that the time accumulated may be billed to the Client at the discretion of Digital Infinity.
1.4. Any Additional Work (Terms and Conditions 3.) will be supplied as additional Project Specifications.
2. Estimates.
2.1. Estimates are valid for 10 (ten) calendar days from the documented date on the Estimation.
2.2. Estimates do not include domain name registration or hosting fees unless otherwise specified.
3. Additional Work
3.1 Additional Work requested and agreed to, or any other work in progress for the Client’s website after the Completion Date of the original Agreement, will be billed monthly in accordance to these Terms and Conditions, quoted and agreed to.
3.2. All payment(s) and time-frame(s) as set out in these Terms and Conditions shall apply.
3.3. Scope creep will not be tolerated, the setting of specifications clear goals and objectives in the initial negotiations and Project Specifications with Digital Infinity remain the responsibility of the Client.
3.4. Digital Infinity may suggest Additional Work for the Client’s project, including but not limited to graphic design, software, etc. to enhance the Client’s website functionality and appearance, and reserves the right to do so free of charge or Digital Infinity will issue the Client a Estimation accordingly.
4. Acknowledgement.
4.1. Upon a Client signing Digital Infinity's Estimation, the Client acknowledges that they have read and accepted these Terms and Conditions set out by Digital Infinity.
5. Agreement.
5.1. Of the total estimated South African Rand (ZAR) value a deposit payment of 50% is required to be paid into Digital Infinity's stipulated bank with the account details provided. This acknowledges the acceptance of the Estimation and these Terms and Conditions by the Client .
5.2. Products and/or services as described in the Estimation will only commence, once the Client’s deposit has been confirmed as received by Digital Infinity, which will be reciprocated with a Statement allocating Payment to said Invoice, to the Client, when said funds are confirmed by Digital Infinity.
5.3 Digital Infinity commits to work expeditiously to complete the estimated products and/or services within the Project Specifications and time-frames indicated as per the Estimation(s).
5.4. In order to deliver these products and/or services within the projected time-frames, the Client’s co-operation is paramount.
5.5. Digital Infinity can not be held responsible for delays outside of their control, including but not limited to equipment failure, Third Party Hosting Services, and internet connections.
5.6. Digital Infinity endeavours to make websites that perform well in current major browsers, but can not guarantee backward compatibility such as preferred functionality within older devices, software and browsers.
6. Deposit.
6.1. Deposit(s) are non-refundable and non-negotiable.
6.2. Should the Client pay more than the required 50% Deposit, the balance is refundable within 10 (ten) calendar days should the Agreement be terminated by either party this can be referred to in Article 7 of the Web Development Terms & Conditions.
6.3. Any amount paid by the Client, greater than the 50% required Deposit, does not constitute or imply any additional right(s) other than those stipulated within these Terms and Conditions.
7. Cancellations.
7.1. Should the Client cancel the project at any time, all fees up to that point of work will be calculated. Any amount greater than the 50% deposit will be billed to the Client. This is payable within 7 (seven) calendar days of Invoice date.
7.2. Digital Infinity will only refund Client’s amounts paid, greater than the 50% deposit for products and/or services not delivered in accordance to the initial Agreement(s), or balance thereof in accordance to Terms & Conditions 24.1.
7.3. Hosting and Domain Fees are non-refundable, as these are paid in advance.
7.4. Digital Infinity reserves the right at its discretion to cancel this Agreement should the Client breach any of the Terms and Conditions stated herein.
8. Required Documentation.
8.1. Required documentation refers to any and all information necessary for the timeous commencement and delivery of products and/or services as described in these Terms and Conditions and indicated by the Project Specifications.
8.2. The Client is required to provide all Required Documentation electronically to Digital Infinity, within 10 (ten) calendar days after the Invoice date confirming the received deposit, to initiate work on aforementioned estimated products and/or services, unless they are to be created as part of the project.
8.3. The Client’s estimated and accepted products and/or services will only be queued and allocated accordingly, after compliance with Terms & Conditions 8.2.
8.4. If the Client does not provide Digital Infinity with the Required Documentation within 20 (twenty) calendar days from Invoice date, the entire amount of the Agreement becomes due and payable, should the Client choose to continue the Agreement with Digital Infinity.
8.5. If the Client still has not submitted or provided all the Required Documentation within 45 (forty-five) calendar days from Invoice date, an additional continuation fee of 15% of the total Estimation(s) will be billed for each month until the quoted products and/or services are completed.
9. Copyrights.
9.1. The Client is required to ensure they have the Copyright for all material supplied and used within products and/or services provided by Digital Infinity to the Client.
9.2. Digital Infinity, employees, independent contractors, affiliates, agents, agencies or any associates involved in a Client’s products and/or services, will not be held liable or responsible for any Copyright disputes.
9.3 If and when Digital Infinity are informed that material was provided without the required Copyright, illegal content will be removed immediately and the Client will be billed with the cost for the removal thereof.
9.4. Digital Infinity does not take any responsibility for any and all content supplied from the Client without proper Copyright whatsoever.
10. Written Content and Fonts.
10.1. Unless otherwise specified in the Estimation, the Client shall provide all content wording to be published in accordance with the specified products and/or services.
10.2. Written Content must be supplied by the Client in formatted text (as the Client specifies it to appear), unless otherwise agreed to by Digital Infinity to design the layout thereof.
10.3. All fonts for Written Content shall be indicated by the Client in the Project Specifications.
10.4. Digital quality and applicable format of Written Content and Fonts are determined by the use thereof in the Project Specifications, and “Guidelines for Web Design” can be referred to here
11. Graphic Images.
11.1. Unless otherwise specified in the Estimation, the Client shall supply all Graphic Images to be published in accordance with the specified products and/or services.
11.2. Graphic Images (including but not limited to artwork and logos) supplied by the Client, must be of high digital quality and applicable format.
11.3. Digital quality and applicable format of Graphic Images are determined by the use thereof in the Project Specifications, and “Guidelines for Web Design” can be referred to here
12. Photographs.
12.1. Photographs supplied by the Client must be of high digital quality and applicable format.
12.2. Digital quality and applicable format of Photographs are determined by the use thereof in the Project Specifications, and “Guidelines for Web Design” can be referred to here
13. Specified Colours.
13.1. Colours specified by the Client must be supplied as Pantone and CMYK values.
13.2. Specified Colours and applicable format are determined by the use thereof in the Project Specifications, and “Guidelines for Web Design” can be referred to here
14. Printing.
14.1. Digital Infinity does not offer any printing products and/or services, therefore Digital Infinity take no responsibility for print or Printing errors.
14.2. Completed graphic design, logo, or any artwork by Digital Infinity will be e-mailed to the Client, and the Client will enter into an agreement directly with the printer of their choice.
14.3. Screen colours and digital proofs can vary from litho Printing. To ensure colour and print quality, it is the Client’s responsibility to request a colour proof from their printers.
15. Website Hosting.
15.1. Hosting via Digital Infinity
15.1.1. Hosting with Digital Infinity allows for allocated disk space limited to that Hosting package. Disk over-usage will be charged at the appropriate rate at that time, Invoiced to the Client’s account and must be paid within 7 (seven) calendar days after Invoice date thereof.
15.1.2. Monthly Hosting & Yearly Domain Fees must be paid on or before the last working day of each month.
15.1.3. Hosting fees are payable from date of domain registration or transfer to Digital Infinity.
15.1.4. Payments not received by the 5th of each month will automatically suspend the Client’s Hosting service, thus deactivating the Client’s website and linked e-mail accounts.
15.1.5. A reactivation fee, at the appropriate rate at that time, will be billed to the Client.
15.1.6. Hosting fees not received for 2 consecutive calendar months irrevocably terminates the linked website and associated e-mail accounts with the host. The Client’s domain registration remains for the balance of the yearly domain fee paid, but no software, design and/or development work associated with the domain is recoverable by reactivation hereafter.
15.1.7. Digital Infinity reserves the right to suspend the Client’s services due to non-payment and charge fees, at the appropriate rate at that time, on all arrears in accordance with these Terms and Conditions.
15.1.8. Hosting cancellations are only accepted in writing, faxed to 011 568 5176 or e-mailed to web-host@digitalinfinity.co.za, on or before the 1st day of the new month as it carries a calendar month notice period.
15.1.9. All outstanding payments must be paid up to date before the Client’s Hosting services will be terminated with Digital Infinity, thus enabling release to transfer to a Third Party Hosting Service Provider.
15.2. Hosting via a Third Party Service Provider.
15.2.1. The Client has to provide Digital Infinity with their Cpanel, FTP and database details to allow Digital Infinity in order to perform development functions.
15.2.2. If the Client uses a Third Party Service Provider on Digital Infinity’ recommendation, the Client will enter into an agreement directly with that Third Party Service Provider.
15.2.3. Digital Infinity will not be held liable or have any responsibility for the Client’s Hosting Services via a Third Party Service Provider as we do not have control over the status of hosting, domain renewals or e-mail when not hosted with Digital Infinity.
15.2.4. All technical aspects of websites must be referred to the Client’s Third Party Hosting Service Provider.
15.2.5. Digital Infinity will however assist the Client upon request with Third Party Hosting Service Provider(s). This time may be billed to the Client at the discretion of Digital Infinity.
16. Search Engine Optimization (SEO).
16.1. Digital Infinity can not guarantee search positions or rankings of websites, but include Search Engine Optimisation (SEO) in the form of meta tags and descriptions, structure and basic content recommendations. Digital Infinity can assist with the Client’s SEO if and when required and will issue the Client a Estimation accordingly.
17. Online Stores & E-Commerce
17.1. Online shopping websites & E-commerce – please refer to our “Getting Your Store Online Guide” here.
17.2. Digital Infinity will only load 30 products on the website on the Client’s behalf. However, the Client will be able to load unlimited products.
17.3. Should the Client require Digital Infinity to load more than the aforementioned 30 loaded products, Digital Infinity will issue the Client a Estimation accordingly.
18. Review and Changes.
18.1. During the design process of the Client’s website, the Client will be issued with three reviews , in order for the Client to preview and respond with amendments and/or improvements, within these three reviews in writing by e-mail or fax.
18.1. On design completion of the Client’s website, the website will be activated for 2 (two) working days, in order for the Client to once more preview and respond with amendments and/or improvements, within these 2 (two) working days, in writing by e-mail or fax.
18.2. Hereafter the Client’s website will be reverted to “Under Construction” status until these amendments and/or improvements, or other adjustments have been made.
19. Balance of Payment.
19.1. The Client is required to e-mail or fax the Proof of Payment to Digital Infinity, which will be reciprocated with a Statement, allocating payment to said Invoice, to the Client, when said funds are confirmed by Digital Infinity.
19.2. All work remains the property of Digital Infinity until the full and final payment is confirmed as received.
20. Completion Date.
20.1. Activation of the Client’s website is conditional to Article 19 of the Web Development Terms & Conditions above.
20.2. The Client's project Completion Date is affected by feedback and received content from the Client. Time-frames will be adjusted within reason, notwithstanding All Articles of the Web Development Terms & Conditions.
20.3. Upon activation of the website the Client will be notified, the Client will then have 2 (two) working days to report any faults or request minor alterations within the scope of the initial Agreement, in writing by e-mail or fax.
20.4. Should Digital Infinity not receive a reply within 2 (two) working days via fax or e-mail, the Client’s website is considered finalised and complete. Therefore, Digital Infinity takes no responsibility for website content errors hereafter.
20.5. Please note that any further adjustments or amendments after this date will be at an additional cost as set out in Article 21 of the Web Development Terms and Conditions.
21. Additional Work
21.1 Additional Work requested and agreed to, or any other work in progress for the Client’s website after the Completion Date of the original Agreement, will be billed monthly in accordance to these Terms and Conditions, estimated and agreed to.
21.2. All payment(s) and time-frame(s) as set out in these Terms and Condition shall apply.
21.3. Scope creep will not be tolerated, and setting clear goals, objectives and specifications in the initial negotiations and Project Specifications with Digital Infinity remain the responsibility of the Client. Scope creep description can be found here
21.4. Digital Infinity may suggest Additional Work for the Client’s project, including but not limited to graphic design, software, etc. to enhance the Client’s website functionality and appearance, and reserves the right to do so free of charge or Digital Infinity will issue the Client a Estimation accordingly.
22. Service Agreement.
22.1. The Client may request from Digital Infinity access to their website’s Content Management System (CMS). Upon doing so, the Client indemnifies Digital Infinity from any changes made by the Client or any third party to the website, which includes but is not limited to any content changes, software updates, added software, or loss of information.
22.2. A restoration fee in accordance to these Terms and Conditions, quoted and agreed to, will be billed when having to restore a website.
22.3. Digital Infinity commits to respond to any technical error, which may be the result of their Hosting services, design software or any plausible fault, omission or neglect on their part within this agreement(s), within 2 (two) working days.
22.4. Digital Infinity is not liable to Client(s) or responsible for said products and/or services of Client(s) whose accounts are not paid up to date.
23. Invoices and Statements.
23.1. Digital Infinity are not a credit service provider and does not grant any credit facilities whatsoever.
23.2. Client Statements and accounts does not imply negotiable payment terms, and are issued in accordance with the nature of Digital Infinity being a month-to-month service provider.
23.3. Digital Infinity endeavour to issue and e-mail Client Statements, 7 (seven) calendar days prior to the last calendar day of each month, unless the date falls on a public holiday or weekend.
23.4. All Invoices are billed to the Client’s account and e-mailed to the Client in accordance with these Terms and Conditions, and payments made by the Client are allocated to Invoices on the Statement upon Digital Infinity having confirmed receipt of said funds.
23.5. Invoices, corresponding payments received, and due balances will reflect on the Client’s Statement.
23.6. Due to the nature of the business, additional Client Statements will be issued and e-mailed for all overdue balances and additional fees Invoiced, on the 1st (first) and 7th (seventh) calendar day of each month consecutively and cumulative, unless the date falls on a public holiday or weekend.
24. Consultations.
24.1. Telephonic, Skype or e-mail queries will be responded to free of charge for confirmed Clients according to Terms & Conditions 4.1.
24.2. Meetings and consultations will be charged at the discretion of Digital Infinity, in accordance to these Terms and Conditions, estimated and agreed to.
25. Legal Costs.
25.1. Failure to comply with these Terms and Conditions regarding payments and fees will result in legal action from Digital Infinity legal representative(s), and the full outstanding balance becomes payable.
25.2. All legal cost resulting of non-payment will be accrued to the Client’s outstanding balance.
26. Security.
26.1. Digital Infinity will not be held liable for any viruses, hacking, malicious content or any Security breaches pertaining to any third party applications or to the Client’s website.
26.2. Digital Infinity's Hosting service may at any time suspend a domain should any viruses or malicious content be exposed through hacking or security breaches to any third party application or website.
27. General.
27.1. Digital Infinity reserves the right to make changes to these Terms and Conditions at any time without prior consent of any or all of their Clients, employees, independent contractors, affiliates, agents, agencies or any other third party agreements.
27.2. These Terms and Conditions are legally binding in accordance with the publishing date hereof, as incorporated on Digital Infinity's own website , and date of signing a product and/or service delivery Agreement(s) with Digital Infinity.
