The following Terms & Conditions are a legal and binding document, applicable to all products and/or services undertaken by MH Web Design (PTY LTD), for and on behalf of any Client(s) who have duly signed MH Web Design quotation(s) for any such products and/or services, and therefore authorised MH Web Design to render the aforementioned products and deliver said services.
Terms and Conditions (UPDATED – 22/06/2023)
1. Project Specifications
1.1. The Client must supply the Project Specifications to MH Web Design in order for MH Web Design to issue an accurate and binding quotation.
1.2. If the Client requires further assistance with creating Project Specifications, MH Web Design are willing to assist the Client.
1.3. Any Additional Work must be supplied as additional Project Specifications.
2. Quotation
2.4 Our Terms & Conditions are linked to every quotation sent to the client.
3. Acknowledgement
3.1. Upon a Client signing the MH Web Design Quotation, the Client acknowledges that they have read and accepted these Terms and Conditions.
4. Agreement
4.1. The Client acknowledges acceptance of the Quotation and these Terms and Conditions by paying 50% of the total quoted South African Rand (ZAR) value as deposit to MH Web Design stipulated bank and account details as provided.
4.2. Products and/or services as described in the Quotation will only commence, once the Client’s deposit has been confirmed as received by MH Web Design, which will be reciprocated with a Statement allocating Payment to said Invoice, to the Client, when said funds are confirmed by MH Web Design.
4.3 MH Web Design commit to work expeditiously to complete the quoted products and/or services within the Project Specifications and time-frames indicated as per the Quotation(s).
4.4. In order to deliver these products and/or services within the projected time-frames, the Client’s co-operation is paramount.
4.5. MH Web Design cannot be held responsible for delays outside of their control, including but not limited to equipment failure, Third Party Hosting Services, and internet connections.
4.6. MH Web Design endeavour to make websites that perform well in current major browsers, but cannnot guarantee backward compatibility (i.e. functionality on older devices and software).
5. Deposit
5.1. Deposit(s) are non-refundable and non-negotiable.
5.2. 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.
5.3. Any amount paid by the Client, greater than the 50% required Deposit, does not construe or imply any additional right(s) other than what is stipulated in these Terms and Conditions.
6. Copyrights
6.1. The Client has to ensure they have the Copyright for all material supplied.
6.2. MH Web Design, employees, independent contractors, affiliates, agents, agencies or any associates involved in a Client’s products and/or services, will not be liable or held responsible for any Copyright disputes.
6.3 If and when MH Web Design 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 thereof.
6.4. MH Web Design does not take any responsibility for any and all content supplied from the Client without proper Copyright whatsoever.
7. Written Content and Fonts
7.1. Unless otherwise specified in the Quotation, the Client shall supply all content wording to be published in accordance with the specified products and/or services.
7.2. Written Content must be supplied by the Client in formatted text (as the Client specifies it to appear), unless otherwise agreed to by MH Web Design to design the layout thereof.
7.3. All fonts for Written Content shall be indicated by the Client in the Project Specifications.
8. Graphic Images
8.1. Unless otherwise specified in the Quotation, the Client shall supply all Graphic Images to be published in accordance with the specified products and/or services.
8.2. Graphic Images (including but not limited to artwork and logos) supplied by the Client, must be of high digital quality and applicable format.
9. Website Hosting
9.1. Hosting via Geometric Hosting
9.1.1. Hosting (https://www.geometrichosting.com/clientarea) via MH Web Design 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.
9.1.2. Monthly Hosting & Yearly Domain Fees must be paid on or before the last working day of each month, unless committed to payment by means of a stop order payment, in which instance the last calendar day is applicable.
9.1.3. Hosting fees are payable from date of domain registration or transfer to MH Web Design.
9.1.4. Payments not received by the 2nd of each month will automatically suspend the Client’s Hosting service, thus deactivating the Client’s website and linked e-mail accounts.
9.1.5. A reactivation fee, at the appropriate rate at that time, will be billed to the Client.
9.1.6. 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.
9.1.7. MH Web Design 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.
9.1.8. Hosting cancellations are only accepted in writing or e-mailed to info@mhwebdesign.co.za, on or before the 1st of the new month as it carries a calendar month notice period. Cancellation will take place 1 month after notice given and will be charged for that month therefore the client should specify their cancellation one month prior.
9.1.9. All outstanding payments must be paid up to date before the Client’s Hosting services will be terminated with MH Web Design, thus enabling release to transfer to a Third Party Hosting Service Provider.
9.2. Hosting via a Third Party Service Provider.
9.2.1. The Client has to provide MH Web Design with their Cpanel, FTP and database details to upload onto MH Web Design software.
9.2.2. If the Client uses a Third Party Service Provider on MH Web Design recommendation, the Client will enter into an agreement directly with that Third Party Service Provider.
9.2.3. MH Web Design 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 MH Web Design/Geometric Hosting.
9.2.4. All technical aspects of websites must be referred to the Client’s Third Party Hosting Service Provider.
9.2.5. MH Web Design 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 MH Web Design.
10. Search Engine Optimization (SEO)
10.1. MH Web Design cannot 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. MH Web Design can assist with the Client’s Basic SEO (not first ranking but higher traffic) if and when required and will issue the Client a Quotation accordingly.
11. MARKETING
11.1. MH Web Design offers setup of google ads and google merchant center.
11.2 MH Web Design prepares the campaign or listing files upon the clients request but cannot guarantee successful leads as we are not a marketing agency rather a web development/graphic design agency.
11.2.1 The client will be billed for google campaign setups according to the client’s requirements.
11.2.2 Should there be minimal leads from google ads, MH Web Design hold’s no responsibility and the client will be billed for the setup of campaign/s.
11.3 MH Web Design will prepare and link client sites to google merchant center upon the client’s request.
11.3.1 Should Google Merchant Center reject any/all products uploaded, MH Web Design hold’s no accountability and the client will be charged for the setup and submission as agreed on the initial quotation.
11.3.2 We do not have control over google merchant center once products are uploaded/submitted therefore we (MH Web Design) will not be liable to refund the client.
11.4 Should Google suspend the client’s account/listings, MH Web Design hold’s no accountability for the suspension.
11.5 Copyrights – Please refer to Section 6
12. E-Commerce
12.1. E-commerce and online shopping website – All clients must supply correct information regarding product uploads.
12.2. MH web Design will only load 30 products on the website on the Client’s behalf. However, the Client will be able to load unlimited products after site training is provided. An additional charge of R20.00 per product will be charged should the client require more than 30 product uploads by MH Web Design.
13. Review and Changes
13.1. On design completion of the Client’s website, the website will be activated for 2 (two) working days, in order for the Client to preview and respond with amendments and/or improvements, within these 2 (two) working days, in writing by e-mail or whatsapp.
13.2. Hereafter the Client’s website will be reverted to “Under Construction” status until these amendments and/or improvements, or other adjustments have been made.
13.3 Client revisions and changes will be allowed 3 changes/revisions per page unless otherwise specified in the initial quotation.
14. Balance of Payment
14.1. The Client is required to e-mail or whatsapp the Proof of Payment to MH Web Design, which will be reciprocated with a Statement, allocating payment to said Invoice, to the Client, when said funds are confirmed by MH Web Design.
14.2. All work remains the property of MH Web Design until the full and final payment is received.
15. Completion Date
15.1. Activation of the Client’s website is conditional to the Terms & Conditions 13. above.
15.2. The Completion Date of a project is affected by feedback and received content from the Client. Time-frames will be adjusted within reason, notwithstanding these Terms & Conditions.
15.3. The Client will be notified when the website is activated, and then the Client will have 2 (two) working days to report any faults or request minor alterations (within the initial Agreement), in writing by e-mail or whatsapp.
15.4. Should MH Web Design not receive a reply within 2 (two) working days via whatsapp or e-mail, the Client’s website is considered finalised and complete unless agreed otherwise. Therefore, MH Web Design take no responsibility for website content errors hereafter.
15.5. Please note that any further adjustments or amendments after this date will be at an additional cost as set out in Terms and Conditions 15.
16. Additional Work
16.1 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 or once off in accordance to these Terms and Conditions, quoted and agreed to.
16.2. All payment(s) and time-frame(s) as set out in these Terms and Condition shall apply.
16.3. Scope creep (Scope creep is when a project’s requirements and deliverables stretch beyond the initial vision) will not be tolerated, and setting clear goals, objectives and specifications in the initial negotiations and Project Specifications with MH Web Design remain the responsibility of the Client.
16.4. MH web Design may suggest Additional Work for the Client’s project to enhance the Client’s website functionality and appearance and reserves the right to do so free of charge or MH Web Design will issue the Client a Quotation accordingly.
17. Service Agreement
17.1. The Client may request MH web Design access to their website’s Content Management System (CMS). Upon doing so, the Client indemnifies MH Web Design 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.
17.2. A restoration fee in accordance to these Terms and Conditions, quoted and agreed to, will be billed when having to restore a website.
17.3. MH Web Design commit to respond to any technical error, which may be the result of their Hosting services or any plausible fault, omission or neglect on their part within this agreement(s), within 2 (two) working days.
17.4. MH Web Design are not liable to Client(s) or responsible for said products and/or services of Client(s) whose accounts are not paid up to date.
18. Invoices and Statements
18.1. MH Web Design are not a credit service provider and does not grant any credit facilities whatsoever.
18.2. MH Web Design endeavour to issue and e-mail Client Statements, 5 (five) calendar days prior to the last calendar day of each month, unless the date falls on a public holiday or weekend.
18.3. 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 MH Web Design having confirmed receipt of said funds.
18.4. Invoices, corresponding payments received, and due balances will reflect on the Client’s Statement.
18.5. 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.
19. Consultations
19.1. Telephonic, MS Teams, Whatsapp or e-mail queries will be responded to free of charge for confirmed Clients.
19.2. Meetings and consultations will be charged at the discretion of MH Web Design, in accordance to these Terms and Conditions, quoted and agreed to.
19.3. First call out meetings are held at no expense of the client. Any additional meetings will be charged at a fixed rate of R200.00.
20. Legal Costs
20.1. Failure to comply with these Terms and Conditions regarding payments and fees will result in legal action from MH Web Design’s legal representative(s), and the full outstanding balance becomes payable.
20.2. All legal cost resulting of non-payment will be accrued to the Client’s outstanding balance.
21. Cancellations
21.1. 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.
21.2. MH Web Design will only refund Client’s amounts paid, greater than the 50% deposit for products and/or services not delivered.
21.3. Hosting and Domain Fees are non-refundable, as these are paid in advance.
21.4. Should the client pay hosting for the year, the client will receive a 2 month refund only as this has been an advance payment and cannot be refunded.
21.5. MH Web Design reserves the right at its discretion to cancel this Agreement should the Client breach any of the Terms and Conditions stated herein.
22. Security
22.1. MH Web Design/Geometric Hosting 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.
22.2. MH Web Design Hosting service provider 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.
22.3 It is the clients responsibilty to ensure that all plugins and themes are up to date to avoid malicous code from bring entered into the site. We have informed all clients of this. We will do our best to remove any viruses but will not be held accountable should we be unable to fix the issue. An additional charge will be billed to remove any hacks depending on the severity of the hack/virus.
23. General
23.1. MH Web Design 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.
23.2. These Terms and Conditions are legally binding in accordance with the publishing date hereof, as incorporated on MH Web Design’s own website, and date of signing a product and/or service delivery Agreement(s) with MH Web Design.
24. Forfeit
24.1. MH Web Design reserves the right to forfeit any website in which the client does not contact our company within 1 month of last communication.
24.2 Should the client contact MH Web Design after 1 month, the client will be charged with a new quotation.
25. Project Completion and Handover:
25.1. Upon successful completion of the project and receipt of the final payment, MH Web Design will initiate the handover process. The customer will be provided with all necessary credentials, access details, and documentation. Any outstanding work will be promptly addressed. The customer assumes full ownership and responsibility for the project post-handover, and MH Web Design commits to providing reasonable post-handover support for any identified issues.
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