1.1. ANSEL VS may provide Clients with initial estimates, otherwise referred to as quotations, for projects on request. The final project value may vary from the initial quotation if additions are requested to the original scope of work.
2. INVOICING & PAYMENT TERMS
2.1. ANSEL VS standard payment terms are 7 days from the date of invoice.
2.2. New projects require a 50% upfront payment for the commencement of a project, 40% once the development is complete and a final payment before the project is made live.
2.3. Monthly maintenance invoices will be invoiced by the 24nd of the month and needs to be paid within seven days thereafter. Late payment will result in interest being charged to the account and a suspension of services.
2.4. In the event that website development cost has been broken up into a payment plan, ANSEL VS will remain the owners of the website until the design and development work has been paid in full as per the initial quotation.
3. PROJECT TERMS
3.1. Unless expressly agreed in writing to the contrary ANSEL VS will not accept liability to the Client for unforeseen delays in completing a project.
3.2. In the event that there is a delay in the completion of a project, ANSEL VS will communicate such delays to the Client in writing via email.
3.3. All website or online marketing tactic setup content needs to be provided by the Client within 2 weeks of a deposit being paid to commence the project.
3.4. The Client is required to provide ANSEL VS with all the content required for the project within the period detailed above. Should the Client delay issuing ANSEL VS with the content required for the project, ANSEL VS reserves the right to renegotiate the cost of the project as well as the expected completion date. In such instances, ANSEL VS will request any outstanding payments to be settled before the continuation of the project.
4. ONGOING MAINTENANCE AND SUPPORT
4.1. Fixes for newly built websites need to be identified within a 14-day period from going live. If fixes are identified after this period and the Client is not on a monthly maintenance agreement, then a quotation will be issued to commence such fixes.
4.2. ANSEL VS cannot future proof its services or products. Once a Client has signed off on a project the responsibility to maintain and update plugins and themes used on the website becomes the Client’s responsibility unless a monthly maintenance agreement has been signed with ANSEL VS which covers such incidents.
4.3. Maintenance does not mean “eyes on the website” all the time and issues on the website still need to be reported to ANSEL VS.
4.4. Development faults with plugins or themes used on a website built by ANSEL VS are not covered by a maintenance agreement and will be quoted for separately as in most cases the original software developer will need to be involved.
4.5. Similarly, hosting and website faults remain the responsibility of the hosting provider and do not fall under any maintenance agreement.
5. TERMINATION OF SERVICE
5.1. Cancellation of any products or services may be made at any time by providing ANSEL VS with a cancellation request 1 calendar month in advance, in writing.
6. WEBSITE DEVELOPMENT AND DESIGN TERMS AND CONDITIONS
6.1. All website content needs to be provided by the Client within 2 weeks of payment of a deposit to commence a project. Should the Client delay issuing ANSEL VS the content required for the project, ANSEL VS reserves the right to renegotiate the cost of the project as well as the expected completion date. In such instances, ANSEL VS will request any outstanding payments to be settled before the continuation of the project.
6.2. CMS websites require updates to plugins and themes. If the Client has not opted for monthly maintenance, such updates and the cost thereof, remain the responsibility of the Client. However, plugins and themes may be quoted for separately if required.
6.3. Additional pages, images and revisions on projects above the scope of work agreed above will attract additional charges.
6.4. All E-commerce websites will come with Flat Rate shipping. It is the Client’s responsibility to negotiate shipping costs with his/her preferred supplier and to provide ANSEL VS with specified flat rates. Alternative Shipping Plugin purchase and configuration fall out of the scope of work, unless specifically quoted for.
6.5. All e-commerce website will have Payfast and EFT payment as the default payment options. It remains the responsibility of the Client to sign up with Payfast and to provide us with their login details.
6.6. The Client agrees that all content provided by the Client including articles, website wording, graphics and videos are owned by the Client and free of any copyright infringement.
6.7. Viruses & Outdated Websites, ANSEL VS makes every effort to take security precautions on our Clients websites, this includes the relevant security plugins which keeps its servers secure, wherever possible. However, ANSEL VS cannot guarantee the prevention of hacks, viruses or unexpected data deletion and cannot be held liable for any such damages as a result.
6.8. ANSEL VS cannot be responsible for any websites that have stopped working or have become faulty over time due to the website becoming “outdated”. Outdated websites can be affected due to many aspects, such as new browser software, outdated web code, etc. ANSEL VS cannot be expected to keep your website updated in every aspect without being compensated to do so. In this situation, the Client may opt to have their website redeveloped or monthly maintenance service where ANSEL VS is responsible for updating this on your website at all times.
7. SEO TERMS AND CONDITIONS
7.1. ANSEL VS accepts no responsibility nor liability to the Client for the actual rankings achieved or how such rankings may vary over time. Search engines are known to change their algorithms and in such doing rankings and traffic may fluctuate.
8. HOSTING TERMS AND CONDITIONS
8.1. ANSEL VS will invoice for hosting and domain renewals on an annual basis. This is only applicable for websites hosted and maintained by ANSEL VS.
8.2. ANSEL VS will use its best endeavours to rectify the cause of any disruption in the hosting service of a Client’s website(s) and to minimise the duration of any such instances. This is only applicable for websites hosted and maintained by ANSEL VS.
8.3. ANSEL VS will not be liable to the Client for any compensation in respect of any downtime that may occur with the hosting of their website(s).
8.4. Only if website maintenance is selected and paid for on a monthly basis, will ANSEL VS keep a backup of all Client website files.
8.5. In the event that a Client wishes to move their website to another webserver supported by another party, then ANSEL VS will cooperate fully, subject to all outstanding amounts being paid up in full, in some instances a transfer fee will be applicable.
8.6. ANSEL VS will troubleshoot any problems reported by the Client with their email. If the problem is due to an omission by ANSEL VS then no charge will be made to the Client. If the problem is not due to an omission by ANSEL VS, then the Client will be charged.
8.7. Login details and passwords need to be kept confidential and secure. ANSEL VS will not be held accountable for email account/website hacks. ANSEL VS do not keep passwords on record and will subject any password request to security measures deemed sufficient to legitimise the request.
9.1. The source code of all website web pages remains the intellectual property of ANSEL VS until such time as payment is made in full by the Client and may not be copied and used by any other party without the consent of ANSEL VS.
9.2. All scripts, CSS and include files used within Client websites, remains the intellectual property of ANSEL VS until such time as payment is made in full by the Client and may not be copied and used by any other party without the written consent of ANSEL VS.
9.3. The stored procedures, functions and triggers programmed into SQL Databases remain the intellectual property of ANSEL VS until such time as payment is made in full by the Client and may not be copied and used by any other party without the consent of ANSEL VS.
9.4. All Client logo images, images unique to the Client, i.e. of their premises, workforce and their business, plus all written copy, belong to the Client and are covered under their copyright. ANSEL VS will not reuse Client written content or images without the express permission of the Client.
9.5. ANSEL VS will not be liable for any copyright infringements committed by the Client with regards to content provided for marketing materials.
9.6. The Client and the Company acknowledge and agree that the Specifications and all other documents and information related to the development of the ANSEL VS Campaign (the “Confidential Information”) will constitute valuable trade secrets of the Company. The Client shall keep the Confidential Information in confidence and shall not, at any time during or after the term of this Agreement, without the Company’s prior written consent, disclose or otherwise make available to anyone, either directly or indirectly, all or any part of the Confidential Information.
10.1. In the event that the Client does not pay an invoice within the time frame allocated in the invoice, then ANSEL VS has the right to suspend all further works for that Client until such time as payment is made in full.
10.2. In the event that the Client does not pay a hosting subscription invoice within 30 days of the due date, i.e. 44 days after the invoice date, then ANSEL VS reserve the right to turn off any website hosting until such time as the invoice is paid in full.
10.3. In the event that the Client becomes insolvent or goes into liquidation ANSEL VS have the right to immediately terminate their contract with the Client and invoice for the full value of project works carried out to that date, plus suspend any email or hosting services.
10.4. In the event that a Client delays the progress of a project with ANSEL VS then ANSEL VS will be entitled to give 14 days written notice to the Client. If the Client does not satisfactorily remedy the cause(s) of the delay, within the 14-day notice period, then ANSEL VS will have the right to terminate the service. ANSEL VS will invoice the Client for the full value of works carried out to-date.
10.5. In the event the Client fails to make any of the payments referenced in deadline set forth, ANSEL VS has the right, but is not obliged, to pursue any or all of the following remedies: (1) terminate the Agreement, (2) remove software, services or resources owned by the Company or (3) bring legal action.
11. WHAT CAN BE EXPECTED OF ANSEL VS
11.1. ANSEL VS aim to achieve the highest level of Client satisfaction and for Clients to have absolute faith in the standard of work and the professional manner in which ANSEL VS conduct business. ANSEL VS will:
• be friendly, courteous and helpful when contacted
• make every effort to explain things clearly and in terms you can understand, keeping jargon to a minimum
• agree with you the type of service you can expect to receive
• respond to your phone calls, emails and letters in a timely manner
• treat all Clients fairly
12. WHAT ANSEL VS EXPECT OF CLIENTS
12.1. ANSEL VS expect you to:
• provide any information that has been requested within agreed timescales
• pay all invoices within the payment terms defined in our agreement
• let ANSEL VS know in advance if you are unable to do this, or if your circumstances change
13. IMPROVING OUR SERVICES
13.1. ANSEL VS are keen to improve Client service and welcome any comments that you might have, either complimentary or critical. If a project has not met its targets ANSEL VS would appreciate your feedback about what can be done to avoid the situation in future.