Terms & Conditions

CLIENT DELIVERABLES

We will require the following deliverables from the client: Provide assets (logos, content, company profile, etc.) from which we can produce content for your website/designs. Review and sign of designs and page structures.

GENERAL

  • Quotes and estimates are free of charge and you are under no obligation, until the quote is signed by you.
  • Any additional work, author’s corrections or ad hoc changes and updates will be charged at an hourly rate (dependent on task, to be verified at start of task) or will be quoted separately.
  • Please ensure you have the copyright for all material supplied. Under no circumstances will Twisted Pixels, our designers or any associates be held responsible for any copyright disputes. Twisted Pixels does not take any responsibility for content supplied without proper copyright whatsoever. If it becomes clear that material was provided without the required copyright, changes to a project (to remove illegal content) will be at the client’s cost. Twisted Pixels does not take any responsibility for content supplied without proper copyright whatsoever.
  • We have the right to use any designs created in promotional material for Twisted Pixels.
  • Courier fees will be billed to the client.
  • All material and content created by the client remains the sole property of the client and is treated with the utmost confidentiality.
  • Completed artwork will be supplied on disk.
  • Changes must be requested in writing (email).

DURATION’S & TIMELINES

  • The Date of Completion (DoC) of a project is affected by feedback and receiving of content and timelines will be adjusted accordingly.
  • We cannot be held responsible for delays outside of our control, e.g. equipment failure, weather.
  • Should the Client for any reason delay the supply of information necessary for completion of the work, as accepted in the quotation, for a period exceeding 7 days, the client will be invoiced R100 per week additionally.

TERMINATION

  • Should you decide to cancel the quotation prior to commencement of work, the 65% deposit will be retained to cover expenses incurred and no refunds will be made.
  • Should you decide to Cancel after the work has been completed you will be liable for the remainder of the quotation amount on completion.

PAYMENTS

  • A deposit of 50% of the overall project cost will be required before any work starts.
  • The remaining balance 50% will be payable upon completion.
  • The 50% deposit will be kept if the quoted client decides to pull out of the project for any reason other than unsatisfactory work. Unsatisfactory work is described as work delivered at a sub-standard quality and not according to the outline defined and agreed upon by Twisted Pixels and the quoted client.
  • Our quotes are ONLY valid for 7 Days.
  • Payments for all invoices are due on a COD basis.
  • All ownership of graphics, site and other materials within the outline of this project will be transferred to the quoted client upon full and final payment.
  • Payment is strictly COD (cash on Delivery) on completion and approval of the work. No credit terms are available unless prior written permission has been granted by Twisted Pixels prior to commencement of the work.
  • Twisted Pixels reserves the right to charge interest on late payments at the prime interest rate of South Africa + 5% compounded on a daily basis.
  • Work in progress will be billed for monthly according to the amount of work that has been completed. This is payable within 7 days of statement date.
  • If project is cancelled at any time, all fees up to that point of work will be calculated and invoiced. This is payable within 7 days of invoice date.
  • All work remains the property of Twisted Pixels until final payment is received.
  • All work will remain the property of Twisted Pixels until full and final payment has been received. Open Source Development ownership and licensing subject to the GPL, BSD/APACHE, LGPL or alternatives where applicable.

DESIGN & DEVELOPMENT:

  • Images and logos supplied must be of high quality.
  • Specific required colours must be supplied as Pantone and CMYK values.
  • Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Twisted Pixels cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
  • The website, graphics and any programming code remain the property of Twisted Pixels until all outstanding accounts are paid in full.
  • Any scripts, cgi applications, php scripts, databases or software (unless specifically agreed) written by Twisted Pixels remain the copyright of Twisted Pixels and may only be commercially reproduced or resold with the permission of Twisted Pixels.
  • Twisted Pixels cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
  • Any additions to briefs provided will be carried out at the discretion of Twisted Pixels and where no charge is made by Twisted Pixels for such additions, Twisted Pixels accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
  • The client agrees to make available as soon as is reasonably possible to Twisted Pixels all materials required to complete the site to the agreed standard and within the set deadline.
  • Twisted Pixels will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
  • Twisted Pixels will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. e.g. Any disputes re content/images that have been provided to us for inclusion on the site.
  • Twisted Pixels will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
  • Twisted Pixels will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.
  • Twisted Pixels does not guarantee that any scripts, cgi applications, php scripts, databases or software will be immune from hacking or malicious tampering. Twisted Pixels will not be liable for any costs incurred, compensation or loss of earnings caused as a result of hacking.
  • Twisted Pixels cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.
  • Any scripts, applications or software (unless specifically agreed) written by Twisted Pixels remain the copyright of Twisted Pixels and may be used in future Twisted Pixels projects as required.
  • Where applications or sites are developed on servers not recommended by Twisted Pixels, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the clients responsibility to provide a suitable testing environment which is identical to the final production environment.
  • The client is expected to test fully any application or programming relating to a site developed by Twisted Pixels before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Twisted Pixels will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.
  • Twisted Pixels will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed on the most recent 2 versions of Microsoft Internet Explorer and Mozilla Firefox browsers. Twisted Pixels can offer no guarantees of correct function with all browser software
  1. Content must be supplied electronically, within 5 days of start of project.
  2. A project will only be released/uploaded once it has been proofed, signed, dated and paid by the client. Therefore, we take no responsibility for website content errors.
  3. We endeavour to make websites that perform well in current major browsers but cannot guarantee backward compatibility.
  4. We cannot guarantee search positions or rankings of websites but include search engine optimisation (seo) in the form of metatags, structure and basic content recommendations. Additional (seo) will be quoted separately.
  5. If you don’t host with Twisted Pixels and require us to upload your website, you will have to provide us with FTP and database details when required.

PHOTOGRAPHY

  • Items for photography must be supplied to our premises. Unless otherwise agreed upon.
  • Items will not be returned but can be collected after photography is complete.
  • We are not responsible for any delays caused by circumstances outside of our control, e.g. the weather.
  • When using stock photography, you must comply to the artist/supplier’s conditions.
  • Only digital photography is done.
  • Photography does not automatically include image manipulation.
  • 65% deposit is required to confirm your photo shoot booking. Balance is due on the day of the photo shoot.
  • The shoot deposit for cancellations 48 hours or less before the time of the shoot will not be refunded.
  • In case of predicted bad weather, please call 24 hours in advance to arrange an alternate date for a location shoot, otherwise we will revert to the studio.
  • Basic editing is performed on all images (best images selected and sorted, colour adjusted, cropped and saved as jpeg files). Additional editing will be billed separately.
  • Specialised editing as well as customized images (add your logo or a message) can be arranged at an hourly rate.
  • Every effort will be made to have discs ready for collection in the estimated time but cannot be guaranteed. You will be informed if there are any delays.

MEETINGS

  • First meeting or consult is free of charge for the FIRST HOUR.
  • Meetings and consultations (in person or telephonic) will be charged at an hourly rate. A travel fee may be required. Email queries will be responded to free of charge for confirmed clients.

PRINTING:

  •  A project will only be released once it has been proofed, signed, dated and paid by the client. Therefore, we take no responsibility for printing errors.
  • Art work will only be sent for printing after a 60% deposit has been paid.
  • Twisted Pixels does not guarantee time frames for printing.

Domain and Hosting Services Terms of Use

  • These terms and conditions govern the use of the Twisted Pixels domain registration and hosting services. By contracting with Twisted Pixels for the services you will be lawfully regarded as having agreed to your use of the services specified being governed by this Agreement. The client or the client’s agent certifies that he/she is above the age of 18 years, has full contractual capacity and is duly authorised by the client to contract on client’s behalf.

DOMAIN REGISTRATIONS

  • Twisted Pixels registers domains on the Internet through the relevant governing bodies and hosts websites and related material on the Twisted Pixels server(s) on behalf of clients. These terms and conditions apply to the use and registration of domain names and the web hosting services offered by Twisted Pixels.
  • Initial Set-up fees are non-refundable. Domain Name Registration fees constitute a once-off payment subject, and a yearly renewal fee.

CANCELLATIONS

  • A cancellation request in respect of any Domain Registration or Web Hosting or service and must be sent via email to info@twistedpixels.co.za /one calendar month (30 days) before the date of ceasing the service.
  • Twisted Pixels reserves its rights to change its prices at any time on reasonable notice. Twisted Pixels reserves the right to stop offering certain web hosting package types if it deems it necessary.

PAYMENTS AND PAYMENT TERMS

  • The amounts owing for the initial month will be pro-rated from the date of signature to the end of the initial month and shall be added to the first invoice at the end of the subsequent month.
  • All hosting and Domain payments are due on or before the 1st of every month. Payments not received by the 1st will be immediately suspended.
  • In the case of a website being suspended due to non-payment a reconnection fee of R150.00 will be payable before the website is unsuspended.
  • In the case of an annual or biannual web hosting account being terminated by the client before their prepaid hosting term ends there will be a calendar month notice period and a R100 administration fee charged.

LIABILITY FOR REGISTRION AND USE OF DOMAIN NAMES

  • Twisted Pixels has not and does not conduct pre-registration searches in respect of the client’s use and registration of its selected Domain Name/s and is therefore not obliged to either advise the Domain Name client about possible conflicting third-party rights or to take steps to ensure against possible disputes concerning a third party’s intellectual property or other rights.
  • The use or registration of the Domain Name by a client does not interfere with nor infringe the rights of any third party in any jurisdiction with respect to trademark, service mark, trade name, company name, close corporation name, copyright nor any other intellectual property right, and that client has the right to use the Domain Name as requested.
  • Twisted Pixels cannot act as an arbiter of disputes arising out of the registration and use of Domain Names. At the same time, clients acknowledge that Twisted Pixels may be presented with evidence that a Domain Name registered by a client violates the rights of a third party. In such instance Twisted Pixels shall be allowed to provide a complainant with the client’s name and address and all further communication will exclude Twisted Pixels and Twisted Pixels will have no further obligations to the client. In such instance the client shall be entitled to continue using the Domain Name registered for the client by Twisted Pixels until a court or other body with jurisdiction directs otherwise.

HOSTING SERVICES

  • Twisted Pixels reserves the right to suggest suitable alternatives to the client and / or charge for excessive traffic as it deems necessary, at its sole discretion.
  • Twisted Pixels reserves the right to suggest suitable alternatives to the client for excessive Web Server Processor usage as it deems necessary, at its sole discretion.
  • Twisted Pixels reserves the right to move a website between web servers and internet backbones, both within South Africa and internationally as it deems necessary. If a client moves in excess of their monthly web traffic allocation, then the client will be contacted and various options will be presented.
  • Twisted Pixels reserves the right (but does not assume any obligation) to inspect the contents of data that the client transmits, receives or stores on a Twisted Pixels Server to ensure compliance with this Agreement or any applicable laws regulations or codes of practice.

DISCLAIMERS, LIMITATIONS AND INDEMNITIES

  • Twisted Pixels will not be liable for any loss or damage, interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits), regardless of the form of action, whether in contract, delict, or otherwise which may be suffered as a result of or which may be attributable, directly or indirectly, to the use and/or registration of the Client’s selected domain names/s OR ANY ACTION TAKEN BY TWISTED PIXELS IN RESPONSE TO THE ABUSE OF THE DOMAIN REGISTRATION SERVICES WHICH IT OFFERS.
  • The Client hereby indemnifies and holds harmless Twisted Pixels against any loss whatsoever arising from any dispute or claim or other action occasioned by the Client’s use and registration of its selected Domain Name, even if Twisted Pixels has been advised of the possibility of such damages;
  • Twisted Pixels will not be liable for any indirect or consequential loss, damage, cost or expense of any kind, irrespective of how such damage or loss was caused, whether arising under contract, delict or otherwise, including, and not limited to, data loss or corruption, loss of profits, contracts, operation time and goodwill.
  • Neither Twisted Pixels, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that Twisted Pixels Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Twisted Pixels Server service, unless otherwise expressly stated in this Agreement.
  • Twisted Pixels expressly limits its damages to the Client for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Twisted Pixels specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
  • Twisted Pixels is not responsible if an external company network and firewall is setup to block access to services Twisted Pixels provides. If a client’s network is setup to block certain ports or web addresses that compromise the services Twisted Pixels provides it is the client’s responsibility to ensure that their network configurations are changed as necessary.

100% WEBSITE UPTIME GUARANTEED

  • The 100% website uptime guarantee is applicable only if the web server on which a client’s shared web hosting account resides crashes or goes down at an unscheduled time. This guarantee is not valid if there is any network problem between the client and the web server which prevents the client from seeing the web server, e.g. if the client’s ISP’s link to the respective data centre goes down or is faulty, but the web server Twisted Pixels hosts is still up, we are not responsible for the client not being able to reach their website.
  • Twisted Pixels is not responsible if any third party operated network or service experiences problems and outages (i.e. all network infrastructure and links, client ‘s internet connection, firewall service managed by external parties). If the applicable web server is up and running at all times then the website will deemed to have achieved 100% uptime.
  • The 100% website uptime guarantee does not apply to any scheduled downtime for maintenance of any of the Twisted Pixels web servers. If there is scheduled maintenance to be done the client will be notified at least 24 hours in advance. The scheduled maintenance will always be done after hours (based on Central African Time (CAT)) and the web server downtime will be kept to a minimum.
  • Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services.

USE AT CLIENTS’ RISK

  • Twisted Pixels will exercise no control whatsoever over the content of the material hosted on, or the information passing through the Twisted Pixels network and in no way moderates such content.
  • Clients expressly agree that use of Twisted Pixels Server(s) and Services are at the client’s sole risk.
  • Twisted Pixels is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on the Twisted Pixels web servers, including e-mail, databases and site content.

TERMINATION OF HOSTING SERVICES

  • Should the client breach of any of the terms and conditions contained herein, including but not specifically limited to the payment terms, Twisted Pixels has the right (solely at Twisted Pixels discretion) to immediately demand payment of the full amount owing and demand compliance forthwith with all the terms and conditions, alternatively to terminate the agreement and services forthwith, in either instance without in any way derogating from any common law, contractual and or edictal rights which Twisted Pixels may have.
  • Twisted Pixels reserves the right to suspend or terminate the service of any client that does not comply with the terms and conditions, Acceptable Use Policy, Acceptable Hosting Policy or any other contractual obligations.

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