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Terms & Conditions
The following Terms & Conditions are a legal and binding document, applicable to all products and/or services undertaken by Bermont Digital (Pty) Ltds trading as Bermont Digital, for and on behalf of any Client(s) who have duly received Bermont Digitals quotation(s) for any such products and/or services, and therefore authorised Bermont Digital to render the aforementioned products and deliver said services. 1. Project Specifications. 1.1. The Client must supply all the requested and necessary information to Bermont Digital in order for Bermont Digital to issue an accurate and binding quotation. 1.2. The Client must communicate her/his/its requirements and scope of the work to be done by Bermont Digital clearly.
2. Quotation. 2.1. Quotations are valid for 14 (fourteen) consecutive calendar days from the documented date on the Quotation. 2.2. Quotations do not include domain name registration or hosting fees unless otherwise specified. 2.3. Quotations are only for work specified, additional work or changes will be quoted or invoiced as agreed separately. 2.4. Any time periods provided for in the Quotation or otherwise are guidelines only. Bermont Digital undertakes to complete products and/or services within a reasonable time period.
3. Acknowledgement. 3.1. Upon a Client paying an amount specified in the Quotation and/or Invoice, the Client acknowledges that they have read and accepted these Terms and Conditions.
4. Agreement. 4.1. Once Bermont Digital has received notification of the Client’s acceptance of the Quotation, with or without variation, Bermont Digital will provide the Client with an invoice for 50% of the Quoted (or variation of the Quotation amount as agreed upon between the Client and Bermont Digital in writing) as a deposit to commence work. 4.2. The Client acknowledges acceptance of these Terms and Conditions by paying the 50% deposit, stipulated in Clause 4.1. above, to Bermont Digital’s stipulated bank and account details as provided on the invoice. 4.3. Products and/or services as described in the Quotation/Invoice will only commence, once the Client’s deposit has been confirmed as received by Bermont Digital. 4.4. Bermont Digital undertake to work expeditiously to complete the quoted products and/or services within the Project Specifications and time-frames indicated; external factors such as Client’s previous hosting providers and/or website designers may, however, delay the process. 4.5. Bermont Digital 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. Bermont Digital endeavours to make websites that perform well in current major browsers, but cannot 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 (refer to Clause 22.). 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. Required Documentation. 6.1. Required documentation refers to any and all information necessary for the timeous commencement and delivery of products and/or services as described in these Terms and Conditions and indicated by the Project Specifications. 6.2. The Client is to provide all Required Documentation electronically to Bermont Digital to initiate work on aforementioned quoted products and/or services, unless they are to be created as part of the project. 6.3. The Client’s quoted and accepted products and/or services will only be queued and allocated accordingly, after compliance with Clause 6.2. above. 6.4. If the Client does not supply Bermont Digital with the Required Documentation within 20 (twenty) calendar days from the date the Deposit is received by Bermont Digital, the entire amount of the Agreement becomes due and payable, should the Client choose to continue the Agreement with Bermont Digital. 6.5. If the Client still has not submitted or provided all the Required Documentation within 31 (Thirty-One) calendar days after the date of the Deposit is received by Bermont Digital, an additional continuation fee of 15% of the total Quotation(s) will be billed for each month until the quoted products and/or services are completed.
7. Copyrights. 7.1. The Client has to ensure they have the Copyright for all material supplied to Bermont Digital. 7.2. Bermont Digital, 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. 7.3 If and when Bermont Digital 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. 7.4. Bermont Digital does not take any responsibility for any and all content supplied from the Client without proper Copyright whatsoever.
8. Content provided by the Client 8.1. Unless otherwise agreed upon by the Parties (see Clause 9 below), the Client shall supply all content wording to be published in accordance with the specified products and/or services. 8.2. Written Content must be supplied by the Client in formatted text (as the Client specifies it to appear), unless otherwise agreed to by Bermont Digital to design the layout thereof. 8.3. All fonts for Written Content shall be indicated by the Client in the Project Specifications, unless otherwise agreed upon between the parties beforehand. 8.4. 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. 8.5. Graphic Images (including but not limited to artwork and logos) supplied by the Client, must be of high digital quality and applicable format. 8.6. Photographs supplied by the Client must be of high digital quality and applicable format.
9. Content Created by Bermont Digital 9.1. If agreed upon by the Parties, Bermont Digital will take photographs, videos of the site or objects chosen by the Client and/or film interviews for the website. 9.2. The taking of photographs will not be quoted separately and will form part of the amount quoted for website design on the condition that the photography session does not exceed 2 (two) hours. Time spent over and above the stipulated two hours will be invoiced at an hourly call out rate. 9.3. Videos and interviews will be quoted as a separate amount from the website design, which amount will be dependent on factors including but not limited to distance travelled, the amount of footage reasonably necessary and editing requirements. 9.3.1. The quoted amount for the videos and interviews will include and be limited to a background video for the Client’s website and short interview clips to be placed on the website, respectively. 9.3.2. The video footage filmed by Bermont Digital in its entirety remains the property of Bermont Digital and may be purchased from Bermont Digital at an additional price quoted separately. 9.3.3. If the Client requires a Promotional Video, Bermont Digital will create such and upload it to YouTube and other social media sites and platforms as requested by the Client. Promotional Videos will be quoted separately. 9.4. Petrol and travel time will not be charged extra and will form part of the amount quoted for photographs, videos and interviews as long as the site at which the content must by filmed is within a 20km radius of Bermont Digital’s registered office. In the event that the said sit falls outside the 20km radius petrol will be invoiced at AA rates for distance travelled.
10. Printing. 10.1. Bermont Digital does not offer any printing products and/or services, therefore Bermont Digital take no responsibility for print or Printing errors. 10.2. Completed graphic design, logo, or any artwork by Bermont Digital will be e-mailed to the Client, and the Client will enter into an agreement directly with the printer of their choice. 10.3. Screen colours and digital proofs can vary from litho Printing. To ensure colour and print quality, it is the Client’s responsibility to request a colour proof from their printers.
11. Website Hosting. 11.1. The Client has to provide Bermont Digital with their Cpanel, FTP and database details to upload onto Bermont Digital’s hosting platform. 11.2. Bermont Digital offers hosting via a Third-Party Hosting Service provider. The Client can elect to enter into an agreement directly with a Third-Party of their choice or the Third-Party Service Provider recommended by Bermont Digital or can elect to host their website through Bermont Digital. 11.3. In the event the Client elects to enter into an agreement directly with a Third-Party Service Provider, Bermont Digital will hand over all the hosting information to the Client once the final invoice has been settled and Bermont Digital 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. 11.3.1 If the Client makes use of a Third-Party Hosting Service Provider not recommended by Bermont Digital, the Client will be responsible for any accounts throughout the product and/or service creation and thereafter. 11.3.2 If the Client makes use of the Third-Party Hosting Service Provider recommended by Bermont Digital then the Client will pay Bermont Digital directly for hosting during the period of product/service, until the final invoice has been settled. Once the above conditions have been satisfied, the hosting account will be transferred into the Client’s name, who will be directly responsible for the account with the Third-Party Hosting Company. 11.4. In the event that the Client elects to host their Website through Bermont Digital with the Third-Party Service provider then Bermont Digital takes responsibility for hosting management but cannot be held liable for any failures on the side of the Third Party Service Provider. 11.4.1 The Client will be invoiced for the hosting, including a management fee, on the 25th of each month prior to the month of hosting and such amount must be paid within 10 (ten) calendar days after Invoice date. 11.4.2 Hosting fees are payable from date of domain registration or transfer to Bermont Digital. 11.4.3. Payments not received by the specified date will automatically suspend the Client’s Hosting service, thus deactivating the Client’s website and linked e-mail accounts. 11.4.4. A reactivation fee, at the appropriate rate at that time, will be billed to the Client. 11.4.5 Hosting fees not received for 3 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. 11.4.6 Bermont Digital 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. 11.4.7. Hosting cancellations are only accepted in writing, e-mailed to email@example.com, on or before the 1st of the new month as it carries a calendar month notice period. 11.4.8. All outstanding payments must be paid up to date before the Client’s Hosting services will be terminated with Bermont Digital, thus enabling release to transfer to a Third-Party Hosting Service Provider.
12. Search Engine Optimization (SEO). 12.1. Bermont Digital 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.
13. E-Commerce 13.1. Bermont Digital is able to set up E-commerce and online shopping on a Client’s website if requested. 13.2. Bermont Digital will only load 5 products on the website on the Client’s behalf, as part of the original Quotation for Website design. However, the Client will be able to load unlimited products. 13.3. Should the Client require Bermont Digital to load more than the aforementioned 5 loaded products (including variations), Bermont Digital will issue the Client a Quotation accordingly.
14. Review and Changes. 14.1. On design completion of the Client’s website, the website will be activated for 5 (five) consecutive workdays, in order for the Client to preview and respond with amendments and/or improvements, within these 5 calendar days, in writing by e-mail. 14.2. Reviews or Changes that fall outside the scope of the original Project Specifications, referred to as Scope Creep, will be quoted and invoiced over and above the original Quotation. Please see Addendum A for a list and description of Scope Creep. 14.3. Hereafter the Client’s website will be reverted to “Under Construction” status until these amendments and/or improvements, or other adjustments have been made. 14.4. Should Bermont Digital not receive a reply within 5 (five) consecutive calendar days via e-mail, the Client’s website is considered finalised and complete. Therefore, Bermont Digital takes no responsibility for website content errors hereafter.
15. Completion Date and Balance of Payment. 15.1. 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. 15.2. Once the requested changes in Clause 14 above have been brought about and the project has been completed, Bermont Digital will invoice the Client for the Balance of Payment. The Balance of Payment as stated on the Invoice must be paid into Bermont Digital’s stipulated bank and account details as provided on the said Invoice, within 10 (ten) consecutive calendar days of the date of the Invoice. Once payment has been received by Bermont Digital it will be allocated to said Invoice. 15.3. All work remains the property of Bermont Digital until the full and final payment. 15.4. Activation of the Client’s website is conditional on Clause 15 in its entirety and the website will remain on “Under Construction” status until full and final payment has been received. 15.5. Please note that any further adjustments or amendments after the Completion Date will be at an additional cost as set out in Terms and Conditions 19.
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 separately 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 (see Addendum A hereto) will not be tolerated, and setting clear goals, objectives and specifications in the initial negotiations and Project Specifications with Bermont Digital remain the responsibility of the Client. 16.4. Bermont Digital may suggest Additional Work for the Client’s project, including but not limited to graphic design, videos, software, etc. to enhance the Client’s website functionality and appearance, and reserves the right to do so free of charge or Bermont Digital will issue the Client a Quotation accordingly.
17. Maintenance Services 17.1. The Client will only be able to sign up and make use of Bermont Digital’s Maintenance Service once all outstanding balances have been received in terms of Clause 15. 17.2. Bermont Digital will invoice the Client on the 25th of each month for Maintenance Services for the following month and such amount must be paid within 10 (ten) calendar days after the Invoice date. 17.3. Maintenance Service fees are payable from the date of completion of the website as set out in Clause 15. 17.4. Bermont Digital will not undertake any maintenance on the Client’s website until payment has been received for the Maintenance Service. 17.5. Maintenance Plans are limited to Software Updates, Monthly Backup’s, Content Changes and Uploads, Website Design Additions & Additional Pages as quoted or agreed upon between in the Parties in writing. Scope Creep will not be tolerated. 17.6. The Client is to provide all Required Documentation for updates or changes to the Client’s website electronically to Bermont Digital unless they are to be created as part of the project, no less than 5 (five) calendar days before such update is to be launched on the website. 17.7. Bermont Digital takes no responsibility for delayed updates if the Client fails to comply with 17.6. above. 17.8. Bermont Digital 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. 17.9. Maintenance Service cancellations are only accepted in writing, e-mailed to firstname.lastname@example.org, on or before the 24th of the previous month. All outstanding payments must be paid up to date before cancellation. 18. Service Agreement. 18.1. The Client may request from Bermont Digital, access to their website’s Content Management System (CMS). Upon doing so, the Client indemnifies Bermont Digital 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. 18.2. A restoration fee in accordance with these Terms and Conditions, quoted and agreed to, will be billed when having to restore a website. But no guarantee can be made that restoration will fix any problems created by the client’s errors. 18.3. Bermont Digital commit to responding to any technical error, which may be the result of their Hosting services, design software or any plausible fault, omission or neglect on their part within this agreement(s), within 5 (five) working days. 18.4. Bermont Digital is not an IT company and does not provide IT services outside the scope of the products and /or services as stated in these Terms and Conditions. Bermont Digital has the sole discretion to determine whether they are willing to perform additional IT services and the Client will be quoted and invoiced accordingly. 18.5 Bermont Digital are not liable to Client(s) or responsible for said products and/or services of Client(s) whose accounts are not paid and up to date.
19. Invoices and Statements. 19.1. Bermont Digital is not a credit service provider and does not grant any credit facilities whatsoever. 19.2. Client Statements and accounts do not imply negotiable payment terms and are issued in accordance with the nature of Bermont Digital being a month-to-month service provider. 19.3. 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 Bermont Digital having confirmed receipt of said funds. 19.4. Invoices, corresponding payments received, and due balances will reflect on the Client’s Statement.
20. Consultations. 20.1. Telephonic, Skype, e-mail queries, meetings and consultations will be responded to free of charge for confirmed Clients according to Clause 4.1.
21. Legal Costs. 21.1. Failure to comply with these Terms and Conditions regarding payments and fees will result in legal action from Bermont Digital’s legal representative(s), and the full outstanding balance becomes payable. 21.2. All legal cost resulting from non-payment will be accrued to the Client’s outstanding balance.
22. Cancellations. 22.1. 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 the Invoice date. 22.2. Bermont Digital will only refund Client’s amounts paid, greater than the 50% deposit for products and/or services not delivered in accordance to the initial Agreement(s), or balance thereof in accordance to Terms & Conditions 22.3. Hosting and Domain Fees are non-refundable, as these are paid in advance. 22.4. Bermont Digital reserves the right at its discretion to cancel this Agreement should the Client breach any of the Terms and Conditions stated herein.
23. Security. 23.1. Bermont Digital 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. 23.2. Bermont Digital’s 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. 2.4 General. 24.1. Bermont Digital reserves the right to make changes to these Terms and Conditions at any time without the prior consent of any or all of their clients, employees, independent contractors, affiliates, agents, agencies or any other third-party agreements. 24.2. These Terms and Conditions (link) are legally binding in accordance with the publishing date hereof, as incorporated on Bermont Digital’s own website, and date of requesting a Quote and receiving the same.
Addendum A Scope Creep Scope Creep is when our client’s responsibilities and expectations are growing far beyond the initial requirements. This can lead to additional stress, time and additional costs to Bermont Digital.Scope Creep is a term used when the magnitude of a project exceeds or creeps past the boundaries of its original goals and objectives.
Scope creep can come in many different forms. It is an often because our clients want to add additional features to the original Project Specification. Some of the common forms of scope creep include but are not limited to: 1. Fresh images on each site visit. 2. Unlimited images, galleries and slideshows 3. Company Logo’s, Letterheads, Business Cards and Flyers 4. Page counters 5. Web copy and content writing 6. Creating additional pages 7. Change of look and feel of the website once completed 8. Blogging services 9. Social media account set up and management 10. Social media icons and feeds 11. Periodic updates 12. SEO services 13. Training 14. Video Content 15. Web application design 16. Product Uploads
The above is not included in the original quote for website design and will either be included in a Maintenance Service which is quoted separately after project completion or will be offered as a service at Bermont Digital’s discretion and quoted and invoiced accordingly.
Setting clear goals, objectives and specifications in the initial negotiations and Project Specifications with Bermont Digital remain the responsibility of the Client.