The following terms and conditions apply to all website, software, app development and design services provided by Flux Interactive (Pty) Ltd to the Client.
It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full. Please read these terms and conditions carefully. Any purchase, payment or use of our services implies that you have read and accepted our terms and conditions. Paying for a service constitutes agreement to these terms and conditions. Email confirmations are also an acceptable form of communication.
Charges for services to be provided by Flux Interactive (Pty) Ltd are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 14 days. FLUX Interactive (Pty) Ltd (“FLUX”) reserves the right to alter or decline to provide a quotation after expiry of the fourteen (14) days.
All quotes are handled on an ad-hoc basis unless otherwise specified.
Payment for services is due by bank transfer. Bank details will be made available on invoices.
Projects are invoiced as follows in South Africa unless otherwise agreed to with the Client :-
- Any website development, customisation or bespoke development less than R50 000 are invoiced at a forty (40) percent in advance deposit and the outstanding sixty (60) percent due on completion of the work.
- Any website development, customisation or bespoke development for more than R50 000 will require a deposit of fifty (50) percent of the project quotation total. A second charge of thirty (30) percent will be required after the development stage, with the remaining twenty (20) percent of the project quotation total due upon completion of the work.
- Normal development rates: R1180 per hour excluding VAT or as stipulated in the project quotation
FLUX will provide the Client with an opportunity to review the appearance and content of the website during the design phase, during the demo phase and once the overall website development has been completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies FLUX otherwise within seven (7) days of the date the materials are made available to the Client.
Turnaround Time and Content Control
FLUX will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at a date agreed with Client upon FLUX receiving initial payment, unless a delay is specifically requested by the Client and agreed by FLUX.
In return, the Client agrees to delegate a single individual as a primary contact to aid FLUX with progressing the commission in a satisfactory and expedient manner. During the project, FLUX will require the Client to provide website content; text, images, video files, and data.
Failure to provide required website content, data, brief or functional specifications:
• To remain efficient FLUX must ensure that work FLUX has planned is carried out at the scheduled time. FLUX therefore requests Clients to provide all the required information in advance. On any occasion where progress cannot be made with a project because FLUX has not been given the required information in the agreed time frame, and FLUS is delayed as result, FLUX reserves the right to reschedule your project in production.
• If a Client further fails to communicate with FLUX and provides FLUX with all relevant information prior to project commencement, FLUX reserves the right to close the project and the balance remaining becomes payable immediately.
• The project may not be delayed or slowed down to avoid non-payment. If no communication is received, no feedback provided, and the project is unable to continue after a period of 6 weeks, the deposit payment will be forfeited. The project will be re-quoted in order to continue.
Invoices will be provided by FLUX upon on-boarding, testing, and completion but before publishing the live website or application. Invoices are normally sent via email. Invoices are due upon receipt unless otherwise specified.
There are 2 types of ongoing costs: domain registration and hosting. Some contracts are billed monthly and others annually.
a) Domain name registration: This cost recurs annually. Domain name registration gives a Client exclusive rights to a certain name, such as www.mygroup.org, so that you can use it for your web-based purposes. A Client is NOT required to register a domain through FLUX, but FLUX PREFER Clients to do the same. Domain name registration fees are not refundable.
b) Hosting:This cost recurs monthly. Hosting places the domain name on a particular server connected to the web, which allows the Client to post a website for viewing through a browser. The Client is NOT required to host through FLUX. Hosting comes with domain-based emails, bandwidth, storage space, database and security tools, and other features. Projects that involve custom programming must be hosted with FLUX to ensure the programs written by FLUX works. If a Client wants to host his site on another server this must be disclosed before FLUX starts programming.
c) Hosting Renewal Payment Obligations: A Client’s hosting account will be automatically renewed under the same time and fee structure unless the Client gives written notice to FLUX fifteen (15) days before the renewal date that the Client does not wish to renew the account.
d) Hosting Cancellation Payment Obligations: A Client may cancel at any time. All cancellations must be received in writing with thirty (30) days calendar month notice and according to the deadlines indicated: regular e-mail is acceptable. Phone requests will not constitute acceptance of any cancellation.
e) Sites NOT Hosted by FLUX: Should a Client decide to host their site on another server, FLUX cannot guarantee that all elements of the site will work. FLUX will make a reasonable effort to research the problem on the foreign platform to inform the Client of the problem. However, FLUX cannot take responsibility for problems caused by or on another hosting server, including but not limited to email, FTP, SSL, database, server software, and site security issues. If FLUX believes it will take a significant amount of time to fix the problem, FLUX will advise the Client before proceeding. Fixing problems on a foreign hosting server is billable.
f) Malicious Use: FLUX’s policy forbids the forwarding of traffic to URLs containing any form of malicious advertising, illegal content, fraud, or socially unacceptable content. This includes, but is not limited to:
• URLs containing forced downloads, phishing, pharming, malware, ransomware, scare tactics, racism, violence, illegal drugs, defamation, etc.; and
• URLs containing content that infringes on any intellectual property rights such as patents, copyrights, trademarks, or trade secrets of any third party entity; and
• Users violating this Malicious Use Policy will have their accounts suspended indefinitely and risk the loss of their deposit.
The Client agrees to reimburse FLUX for any additional expenses necessary for the completion of the work. Examples would be the purchase of special fonts, stock photography etc. Any out of scope work is subject to additional charges, for which a quote will be provided to the client prior to commencing the additional development requests and as per our rate card.
FLUX makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Google Chrome, Firefox, Microsoft Edge, Safari, etc.). The Client agrees that FLUX cannot guarantee correct functionality with all browser software across different operating systems.
FLUX cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, FLUX reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
Termination of services by the Client must be requested in an email notice and will be effective on receipt of such notice. Telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days calendar notice or as per Service Level Agreement or existing contract.
All FLUX’s services may be used for lawful purposes only. The Client agrees to indemnify and hold FLUX harmless from any claims resulting from the Client’s unlawful or harmful use of FLUX’s services.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants FLUX the right to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting FLUX permission and rights for use of the same and agrees to indemnify and hold harmless FLUX from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to FLUX that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (files delivered via e-mail or FTP) and that all creatives and other graphics will be provided electronically in .gif, .jpeg, .png or .ai format.
Design and Design Credit
A design deposit is required before the start of the project. The balance is payable prior to delivery. Once research, resources allocated or design work has commenced on a project, this deposit is non-refundable. In the case of a change of mind by a Client, this deposit is non-refundable. FLUX endeavours to provide design services that meet and exceed a Client’s needs and expectations, but in the event of a “change of mind” (after a project has commenced) by the Client the initial 50% deposit is forfeited plus a pro rata payment based upon the time spent.A link to FLUX will appear in small type at the bottom of the Client’s website. The Client also agrees that the website developed for the Client may be presented in FLUX’s portfolio unless otherwise specified.
If the Client’s website is to be installed on a third-party server, FLUX must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
FLUX cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.
FLUX may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the Client’s responsibility. The loss, cancellation or otherwise of the domain brought about by non or late payment is not FLUX’s responsibility. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes an agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.
This Agreement shall be governed by South African Law.
FLUX hereby excludes itself, its Employees and or Agents from all and any liability from:\
- Loss or damage caused by any inaccuracy;
- Loss or damage caused by omission;
- Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the website;
- Loss or damage to the Clients’ artwork/photos, supplied for the site, whether due to damage, negligence or otherwise.
- FLUX’s liability to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges aid for the services under this Agreement in respect of which the breach has arisen.