VIES GRAPHICS (PTY) LTD

TERMS AND CONDITIONS OF SERVICE

Terms of services from Vies graphics (Pty) Ltd. www.viesgraphics.com and www.viesgraphics.co.za. here forth referred to as “vies graphics”. On making payment for a service, you automatically agree with these terms and conditions of service. All graphics design, web design & development and ongoing services provided by vies graphics are subject to the following terms and conditions.

DEFINITIONS

Here forth the definition of these terms are:

Agreement | The entire content of Vies graphics Terms and Conditions of Service document, the service schedule or/and document attached to any of these documents.

Content | All documents in all digital and hard copy formats, pictures, writings and other creative content.

Services | Services and the work product to be provided to client by vies graphics as described and otherwise further defined.

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

Site maintenance| The ongoing work to keep the website functioning and secure. This includes, but is not limited to data management, backups, maintenance, and upgrades.

Copyrights | Property rights of authorship, as defined and enforceable under South African and International Copyright Law.

Deliverables | Services and work product specified in the Proposal to be delivered by vies graphics to the CUSTOMER, in the form and media specified.

TERMS AND CONDITIONS OF SERVICE

1. AUTHORIZATION

The customer authorizes vies graphics to perform the services outlined on the quotation and schedule document on the customer’s behalf, which may include, but is not limited to, registering their domain, hosting their website and email accounts, maintaining the website and submitting their project to search engines.

2. AGREEMENT SCOPE

Services supplied, costs and rates are limited to what is specifically set forth in the quotation. Any additional services will require an additional agreement. Should the customer not utilise all services offered within the quotation, the customer will still be liable for the full payment for the complete package.

A quote handed out will be honoured on or before quotation valid date. After the quotation valid date has expired, any quotation is null and void. A new quote will then be provided upon request.

3. CHARGES & FEES

The customer agrees to pay vies graphics in accordance with the terms specified in each quotation. Payment will be due from the date of signing the agreement. If the customer fails to pay any invoice, vies graphics reserves the right to withdraw the website and associated materials or refuse completion and/or delivery of work until past due balances are paid.

All materials or property belonging to the customer, as well as work performed, may be retained as security until all just claims against the customer are satisfied. The customer 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 customer will be liable for 1 month’s payment as per the 30-day calendar months’ cancellation notice. See clause 7 refunds.

VIES GRAPHICS accepts payments EFT, Paystack and Payfast Payments Gates only.

3.1 Design and Development

A 50% deposit is required for all new projects. The 50% balance due upon completion of the project, all projects remain the property of vies graphics until full payment has been made.Vies graphics will hold all graphics, and project developments until full payment has been made.

3.2 Printing and delivery

100% payment is required before any printing can be made.

4. HOURS OF OPERATION

Our business hours are Monday to Saturday from 09:00 to 17:00. Our website services support is available 24/7.

5. VIES GRAPHICS FOOTERS

All web design customers will have a “powered by vies graphics” link on their website. This is a term you automatically agree on by employing us for design and developing services. A minimum fee of R100.00 is required to remove this link from your website footer. This however does not apply if a third party designed and developed your website.

6. COPYRIGHT AND OWNERSHIP

Upon completion of the project, vies graphics transfers all rights and ownership of custom designs and programming written by vies graphics to the customer. Software and third-party graphics or programs are not transferred to the customer and remain under the copyright of their respective owners.

Vies graphics reserves the right to resell custom designed websites that remain unpaid by the original customer, or other graphics created by vies graphics but not in legal use by the customer. vies graphics reserves the right to display websites and graphics that have been designed by vies graphics on their website, and in any marketing material to aid as samples of our work.

7. REFUNDS

Vies graphics requires a 50% deposit before we begin work on any project. A request to terminate services must be presented to vies graphics in writing, this can be done over SMS, email or WhatsApp. Vies graphics has a Guaranteed 30-Day Turnaround for your project. If we fail to complete your project within 30 days of the start date AND you have turned in all content, images, and information requested by us, you will receive half of your deposit refund within 30 days of your written request.

Refunds will be processed within 30 business days of the request by the customer if there is a refund amount due based on the terms above.

We are unable to offer refunds on SSL certificates and domain services. Hosting services carries a 30-day money back guarantee when the hosting plan was purchased separately and not part of a website design package. If you are dissatisfied with the services provided, we will be happy to work out a solution with you that will meet your company's needs.

8. CHARGEBACKS

Vies graphics will not negotiate chargebacks with any person or company. Our Refund policies are clearly stated above

9. CONFIDENTIALITY

Vies graphics 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 fulfillment 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 customer. this obligation of confidence will cease to apply in relation to information that Vies graphics is required to disclose by any law, or which becomes part of the public domain other than as the result of a breach by Vies graphics of its obligations of confidence under this agreement.

10. OUTSOURCING

If needed, vies graphics reserves the right to outsource any specific project requirements to ensure that the terms of this agreement are met. Any subcontractors or external suppliers will be bound to the terms of this agreement.

11. COPYRIGHT

The customer is responsible for all trademark, service mark, copyright and patent infringement clearances. The customer is also responsible for arranging, prior to publication, any necessary legal clearance of materials Vies graphics uses for this project.

The customer indemnifies Vies graphics against any loss or damage arising directly or indirectly from any unauthorized use of photographs, text, or other intellectual property not under copyright ownership of the customer.

12. OWNERSHIP / PROJECT COPYRIGHT

Vies graphics reserves all rights over working source files, databases and full ownership of the website and design. The customer will not have access to the control panel, database or ftp, unless otherwise agreed to.

13. FORCE MAJEURE

Vies graphics shall not be deemed in breach of this agreement if vies graphics is unable to complete the services or any portion thereof by reason of fire, earthquake, labour dispute, act of god, death, illness or incapacity of vies graphics or any local, provincial, national or international law, governmental order or regulation or any other event beyond vies graphics’ control (collectively, “force majeure event”). Upon occurrence of any force majeure event, vies graphics shall give notice to the customer of its inability to perform or of delay in completing the services and shall propose revisions to the schedule for completion of the services.

14. LIMITATION OF LIABILITY

The services and the work product of vies graphics are sold “as is.” In all circumstances, the maximum liability of its designers, directors, officers, employees, design agents and affiliates (“vies graphics parties”), to the customer for damages for any and all causes whatsoever, and the customer’s maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, shall be limited to the net cost of this project as specified in this agreement. In no event shall vies graphics 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 vies graphics even if vies graphics has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy.

15. DOMAIN NAMES

All domain names are legally owned by the customer. All domain name registrations are subject to availability and registration rules. vies graphics will manage the domain name(s) on behalf of the customer unless the customer requests in writing that the customer manages their own domain(s) and payment of fees.

16. Hosting

Vies graphics will offer the suggested hosting package required for the customer’s project. The exact package required will determine the monthly cost. Due to website growth, disk-space and an increase in traffic, the customer will be responsible for any over-usage, charged per GB for traffic & per 10mb for disk space.

Should the customer decide to make use of their own hosting provider, the customer will be responsible for contacting the chosen host for support relating to hosting matters & ensure that vies graphics will have the correct hosting environment needed for the project. vies graphics will charge for costs incurred liaising with the hosting company and supporting the customer with hosting related issues. vies graphics will charge for costs incurred due to differences in hosting environment if installation and management exceeds standard time frames.

17. Browser Variance

Our websites are optimized 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 used. Layout and aesthetic elements may change or degrade in some browsers.

18. 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.

19. Testing and Acceptance of the Website

Once the project has, in the opinion of vies graphics been completed, vies graphics will notify the customer either verbally or in writing, and provide the customer with an opportunity to test and review the website. If the customer determines that the website does not comply with the project components agreed to in this document, vies graphics agrees to carry out any necessary and reasonable modifications.

20. Customer Responsibilities

If the customer or an agent of the customer other than vies graphics 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.

21. Errors and Omissions

It is vies graphics’ responsibility to carefully check for accuracy in all respects, ranging from spelling, technical illustrations and ensure an overall error free environment. However, vies graphics is not liable for errors or omissions. The customer indemnifies vies graphics against any loss or damage arising directly or indirectly from any errors and omissions.

22. Updates/Changes

Vies graphics offers monthly maintenance as set out in the service package agreement. vies graphics will ensure that any maintenance work is attended to within 48 working hours from date of receiving the instructions from the customer.

23. Copy

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

24. 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.

25. Branding

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

26. Fraud/Scam

Should there be any allegations against the customer regarding illegal activity on the website e.g., using the website to scam users/ fraud customers, vies graphics will have the right to terminate the website with immediate effect. It is the customer’s responsibility to provide vies graphics with proof that such allegations are false before the website will be activated again.

27. DEVELOPMENT & DELIVERY

Vies graphics understands the importance of completing projects in a timely manner. We agree to complete the web design project within 30 days from the date of your first deposit payment. If the customer does not supply vies graphics with complete text, graphic content and other requested materials for the contracted customer within 30 days of contract signing, the contract becomes void and all deposits paid by the customer are forfeited. The customer may request a project extension in writing to vies graphics for an additional fee of 20% of the project total cost for every 30 days of extension. All extension fees are due upon agreement of the extension between vies graphics and the customer.

28. NON-COMMUNICATION

If we are unable to communicate with a customer on a project for a duration of at least fourteen (14) days by phone or email during the design and development process, the project will be cancelled without prior notice and no refund will be issued.

29. LIABILITY

Services purchased from vies graphics are provided “as is” without warranty of any kind that the web design project will be uninterrupted or error-free. In no event shall vies graphics be liable to the customer for any direct, indirect, special, punitive, incidental, or consequential damages arising out of the use of the website, services, and/or goods provided to the customer.

This includes, without limitation, lost profits, business interruption, loss of data or other losses directly resulting from the use of the website, services, and/or goods provided to the customer. The entire risk as to the quality and performance of the web design is with the customer.

30. ACCEPTANCE

Please note that by submitting your deposit or down payment for our services, you are agreeing to all our terms of service as written here. Vies graphics reserves the right to change or update these terms at any time without prior notice.

31. USER AGREEMENT & HOSTING TERMS OF SERVICE

The use of services from vies graphics constitutes an agreement to these terms.

32. BACKUPS AND DATA LOSS

Your use of the service is at your sole risk. Vies graphics 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 vies graphics servers.

33. SHARED SERVERS

Shared accounts may not resell web hosting to other people.

34. PRICE CHANGE

We reserve the right to change prices listed on our company websites, and the right to increase the number of resources given to plans at any time.

35. INDEMNIFICATION

Customer agrees that it shall defend, indemnify, save and hold vies graphics harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against vies graphics, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold vies graphics harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with vies graphics; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from vies graphics’ server.

36. DISCLAIMER

Vies graphics shall not be responsible for any damages your business may suffer. Vies graphics makes no warranties of any kind, expressed or implied for services we provide. Vies graphics disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and all service interruptions caused by vies graphics and its employees.

37. ABUSE

Any party seeking to report violations to any vies graphics Web Design policy may contact us via e-mail at abuse@viesgraphics.co.za.