Terms & Conditions
PRICING and PAYMENT:
Projects are billed hourly or by the project, depending on the scope of the work. Specific fees and payment terms will be detailed in your project proposal.
Payment is due on presentation of invoice. If no payment is received, or no arrangement is made with 7 (seven) days, Michael Vella t/a Solutions Web will add a 5% (five percent) service charge.
There will be a R50.00 fee on all returned cheques, plus additional bank fees.
Michael Vella t/a Solutions Web makes every effort to be as accurate and complete as possible on estimates. To receive a project estimate, you need to submit the exact specifications of your job. In some cases, a range estimate will be given, based on knowledge of project at time of estimate. If, upon receipt of all project elements, Michael Vella determine the scope of the project has been changed from the originally agreed-upon concept, the project may be re-estimated.
Minor revisions are anticipated, but major design/content changes may go beyond the scope of the estimate. Client approval will be obtained for any increases in fees or expenses that exceed the original estimate by 10%. Final fees and expenses will be shown when invoice is rendered. Estimates are valid for 30 days from date of estimate. All outsourced fees will be estimated separately.
Out-of-pocket expenses will be subject to an industry-standard mark up to cover time and costs involved. Unless projected to be costly, they will not be included in estimate. Any expenses expected to be above R100.00 will be discussed with the client. The client shall reimburse Michael Vella t/a Solutions Web for expenses arising from this project, including but not limited to: photography, fonts, hi-res scanning, digital proofs, production expenses, hiring of contract writers/designers, software, web hosting, and printing fees. Items generated in-house, such as colour/black & white output and DVDs/CDs, or royalty-free images from Michael Vella t/a Solutions Web collection, will be billed at a flat rate fee per item, established by us. Mileage may be billed at the current AA rate.
The client will be ultimately responsible for final approval of all proofs. It is important to make all final corrections before the project goes live to avoid delays and additional fees. Michael Vella t/a Solutions Web is not liable for any work that has been final approved by the client and made live.
Invoices will include (and the client shall be obligated to pay) fees or expenses that were orally authorised.
Any delay in the completion of a project due to external forces beyond Michael Vella t/a Solutions Web control (such as unusual transportation delays, unforeseen problems at a vendor site, computer/Internet related issues, holidays, bad road conditions, etc.), or actions and negligence of the client (i.e., content delivery delays), shall entitle Michael Vella t/a Solutions Web to extend the completion/delivery date, upon notifying the client, by the time equivalent of such a delay.
In the event of cancellation of a project, the ownership of all copyrights and original artwork, including sketches, PDF files of layouts, and any other mock ups, shall be retained by Michael Vella t/a Solutions Web. Any usage by the client of any of the project elements will result in appropriate legal action.
A cancellation fee for work completed shall be paid by the client. The cancellation fee is as follows: 50% of total project fee for preliminary work, concepts, or proofs, 75% of total project fee after preliminary work but before completion, 100% of total project fee for completed work regardless of final approval.
Forfeiture of Contract.
If the client has not provided material necessary to complete the project to the developer the contract is signed, this action may be considered Cancellation. Forfeiture of Contract will be handled following the Cancellation guidelines listed above.
If the client wishes to make additional uses of the work, client shall seek permission from Michael Vella t/a Solutions Web and pay an additional fee to be agreed upon.
It is the sole responsibility of the client to ensure that any intellectual property (artwork, code, etc.) that they provide is owned by them in accordance with copyright laws. Michael Vella t/a Solutions Web cannot be held responsible for any copyright violations or resulting fees due to assets provided by the client. Likewise, Michael Vella t/a Solutions Web is responsible for any intellectual property it supplies.
Under South African copyright law, Michael Vella t/a Solutions Web retains ownership of the original artwork pieces created for the client, although the client shall be owner of the final product/implementation (i.e. website). The original artwork may not be reproduced without consent from Michael Vella t/a Solutions Web
All code parts produced during the work relationship shall be owned by Michael Vella t/a Solutions Web and may be reused in future projects, although the actual implementation (website, web app, etc.) of that code is solely the client’s, and Michael Vella t/a Solutions Web shall not reproduce that same final implementation elsewhere. The client reserves the right to reuse, modify, transfer, or sell their implementation although the code itself cannot be resold without consent from Michael Vella t/a Solutions Web.
Modifications of the project agreement must be written, except the invoice may include, and the client shall pay, fees/expenses that were verbally authorised.
LIMITATION OF LIABILITY:
Michael Vella t/a Solutions Web cannot be held liable for any consequential or special damages, such as profit losses.
Michael Vella t/a Solutions Web may reproduce any design, artwork, or layout in promotional materials such as brochures, mailers, and websites, unless otherwise requested by the client. Michael Vella t/a Solutions Web may use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes, and the marketing of Michael Vella t/a Solutions Web. Where applicable, the client will be given any necessary credit for usage of the project elements.
See your quote or estimate to determine the client specific responsibilities you have to contribute to the success of this project. In addition, you may be asked to complete other responsibilities in the Project Scope document that may be created once the project begins. It is important that these are executed and your signature binds you to fulfilling these objectives in a timely fashion.
Written approval or a signature on this document from you, the client, or payment of an invoice issued as a result of a quote or estimate, indicate authorisation from your company to proceed with the project described within this document. You are stating that you are a legally authorised representative and are committing to pay for all fees incurred in the production of this project and that you agree to the Terms laid out here.
Laws Affecting Electronic Commerce.
The Client agrees that he/she is responsible for complying with the laws, taxes, and tariffs related to e-commerce, and will hold harmless, protect, and defend the Michael Vella t/a Solutions Web and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the client's use of Internet electronic commerce. Author also understands that the Michael Vella t/a Solutions Web can not provide legal advice.
Michael Vella t/a Solutions Web, a Web Site design and Management company is based in Cape Town,South Africa and as such the laws of the Republic of South Africa and the jurisdiction of the South African Court apply in the event of a dispute.