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Impaxive Media is a website company servicing companies around the world.
These terms and conditions are applicable to all Web Development projects that are undertaken by Impaxive Media. If the project is to be hosted by Impaxive Media, then the same terms and conditions will apply.
The following terms and conditions document is a legal agreement between Impaxive Media and “Client” for the purposes of web site design or development and any other services mentioned in the quotation or discussed and agreed upon between Impaxive Media and “Client”.
These Terms and Conditions set forth the provisions under which the Client may use the services supplied.
Impaxive Media is an Internet Web Design Provider offering the Client webpage designs, social media profiles creation and advertisement space on our website, if chosen.
Payment of the 70% deposit is an acceptance of the quotation.
Once payment has been received, commencement of all agreed upon work will begin.
These terms and conditions are always available on our website for review and may be updated accordingly.
When the Client places an order to purchase a service from Impaxive Media, the order represents an offer to Impaxive Media to purchase the service which is then accepted by Impaxive Media only when an invoice is sent to the Client. The Website Design contract for supply of services exists between Client and Impaxive Media. The invoice equals acceptance by Impaxive Media (or third-party supplier) of Clients offer to purchase services from Impaxive Media and this acceptance of work is a valid contract between Client and Impaxive Media.
Any other services on the order, which have not been included in the quotation – do not form part of the contract. The Client agrees to check that the details of the quotation are correct and should keep a copy for their records.
Charges for services to be provided by Impaxive Media are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 10 days (ten) unless alternate timescales have been agreed beforehand with the Client in writing. Impaxive Media reserving the right to alter or decline to provide a quotation after expiry of the valid timescale.
All Web Development projects will require an advance payment of seventy (70) percent of the project quotation total before further design work will commence after the Client has accepted the initial design of the Home Page. The remaining balance of the project quotation total will be due upon completion of the work prior to the server or release of materials. Payment for services is due by bank transfer.
Impaxive Media will provide the Client with an opportunity to review the appearance and content of the Web site during the design and once completed. Once the website has gone live, such materials will be deemed to be accepted and approved by the client. Client review terms are subject to be in line with the Quotation emailed to all clients and available to all upon request. Once a page or project has been reviewed by a client, it is deemed to be complete and Impaxive Media reserves the right to raise additional charges for changes made to a site or page that has already been approved.
Client agrees to provide any needed information and content required by Impaxive Media in good time to enable Impaxive Media to complete a design or web site work as part of an agreed project.
Impaxive Media agrees to try to match the design as closely as is possible when building the code.
Impaxive Media endeavours to create pages that are search engine friendly, however, Impaxive Media gives no guarantee that the site will become listed with search engines or of certain search results. In no event shall Impaxive Media be held liable for any changes in search engine rankings because of using Impaxive Media code.
If an error or issue with the design or code arises from search engine analysis, then Impaxive Media is not held liable.
After site completion and full payment is received, a Client or a third party of their choosing may wish to edit their website code themselves to make updates. However, the Client agrees that in so doing they assume full responsibility for any issues which occur because of changing the code themselves. If Client or a third party of their choosing edits the web site code and these results in functionality errors or the page displaying incorrectly, then Impaxive Media reserves the right to quote for work to repair the web site, however Impaxive Media will not be held liable.
Impaxive Media reserves the right to assign subcontractors in whole or as part of a project if needed.
Payment and Non- Payment
Impaxive Media will provide invoices upfront and upon completion of the work for Web Development and Design and any associated services. Invoices are due as indicated on the relevant invoice. Should an invoice become overdue, the system will automatically suspend the account and all its related services. A Re-instatement fee of R150 will then be charged to remove the account from suspension mode. The account will remain in suspension for 7 days, where after the account will be deleted. Additional work requested by the Client, which is not specified in the agreed quotation, is subject to a separate quotation and Impaxive Media reserves the right whether to quote or accept additional work. If Impaxive Media accept, additional work may affect timescale and overall delivery time of the project.
Once an invoice is sent to the Client it must either be paid either by bank transfer and sent with proof of payment to the Impaxive Media email. Impaxive Media reserves the right to decline further work on a project if there are invoices outstanding with the Client.
Penalties on unpaid invoices as follows, 15 days requires additional 5%, 30 days requires additional 10%, 45 days requires additional 15% and 60 days requires additional 25%. No exceptions will be made. After 60 days website will be removed if payment has not been received.
Client may request that the Impaxive Media cancel a project in writing by email to Impaxive Media and the project is cancelled only if Impaxive Media confirms work has not been started on the project. If Impaxive Media has completed the work and the Client no longer requires the files but have agreed to the work, they are still obliged to pay Impaxive Media for the work that has been carried out.
All invoices are submitted by email except where required otherwise by regulations or agreed Impaxive Media discretion.
Once final approval is received from the Client, payment is to be made within 7 Days. Failure to do so will result in Impaxive Media handing the matter over for collection with costs thereof for the Clients Account.
The Client also agrees not to delay the provision of information relating to the design of the site or delay final approval to extend payment terms.
Payments made to bank accounts as specified on the relevant invoices need to be done via EFT (Electronic Funds Transfer) any payments made by means of a Cash Deposit or Cheque Deposit will attract bank charges, which will be billed back to the client accordingly.
Impaxive Media will not refund deposits for work already performed on client’s design projects or hosting fees/web administration agreements that have been paid in advance. We guarantee to honour our obligations of service as we expect our clients to honour theirs.
Domain and hosting fees are non-refundable as these are paid in advance.
Impaxive Media shall make every effort to ensure sites are designed to be viewed by most visitors. Client agrees that Impaxive Media cannot guarantee correct functionality with all browser software across different operating systems.
Clients agree that after handover of files any updated software versions of the main browsers, Domain Name setup changes or hosting setup changes thereafter may affect the functionality and display of their web site. As such, Impaxive Media reserves the right to quote for any work involved in changing the web site design or web site code for it to work with updated browser software, domain name or hosting changes at their discretion, but will not be held liable.
Post Project Alterations
Impaxive Media cannot accept responsibility for any alterations caused by the Client or a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions. Impaxive Media may require a once-off Web Development charge before resolving any issues that may arise.
Once final payment has been received the Website is deemed to be complete and for a period of 7 days the Client may request minor changes free of charge. Thereafter a change request fee, starting at R550.00 per hour will apply and all changes will be quoted on accordingly.
If required changes will take longer than 4 hours, it will be deemed as a new project and will be quoted on accordingly.
Monthly retainers are also available for monthly fee. Email or contact us for our monthly fee.
Email firstname.lastname@example.org if you need a monthly retainer for your website maintenance.
Email proof of payments to email@example.com on or before the 1st of every month.
Retainers works better if you need multiple changes or updates to your webpage and/or MailChimp Email Campaigns.
Impaxive Media may purchase domain names on behalf of the Client, in which case they will then be renewed on an annual basis and Impaxive Media will invoice the Client. Reminder emails will be sent out to the client before the domain expires. Domains ending in .co.za are automatically renewed ten (10) days before expiration. In this case, the Client must notify Impaxive Media that they do not wish to keep the domain thirty days before the expiration date. The loss, cancellation or otherwise of the domain brought about by none or late payment is not the responsibility of Impaxive Media. The Client should keep a record of the due dates for payment to ensure that payment is received in good time. Domains and Hosting will be handled by Impaxive Hosting.
Liability and Warranty Disclaimer
Impaxive Media provides their web site and the contents thereof on an “as is” basis and makes no warranties about the site and its contents, or fitness of services offered for a purpose. Impaxive Media cannot guarantee the functionality or operations of their web site or that it will be uninterrupted or error free, nor does it warrant that the contents are current, accurate or complete.
The Client agrees Impaxive Media is not liable for absence of service as a result of illness or holiday.
The Client agrees Impaxive Media is not liable for any failure to carry out services for reasons beyond its control including but not limited to: acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.
Impaxive Media is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided.
On handover of files from Impaxive Media to Client, the Client shall assume entire responsibility in ensuring that all files are functioning correctly before use.
Whilst every effort is made to make sure files are error free, Impaxive Media cannot guarantee that the display or functionality of the web design or the web site will be uninterrupted or error free. If after handover of files errors are found in code the developer has created, domain name setup and hosting setup are the same as when work began, then Impaxive Media can correct these errors for the Client at its own discretion, but will not be held liable for these errors.
Impaxive Media may from time to time recommend to the Client that updates are needed to their site to comply with, including but not limited to, new legislations, software releases and web standards. Impaxive Media reserves the right to quote for any updates as separate work. Client agrees Impaxive Media is not liable for any failure to inform or implement these updates to their site. Client agrees that it shall defend, indemnify, save and hold Impaxive Media harmless from any demands, liabilities, costs, losses and claims arising from omission to inform or implement these updates.
Impaxive Media and any third-party associates agrees that, except if directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information. Likewise, the Client agrees that it will not convey any confidential information about Impaxive Media to another party.
In projects Impaxive Media and any third-party associates shall use information provided by a Client in relation to this agreement in accordance with the current Data Protection Act and for the following purposes 1) to identify the Client in communications with them 2) to contact the Client from time to time to offer them services or products which may be of interest to or benefit the Client.
Impaxive Media reserves the right to terminate a project with a Client at any time without prior notification if it finds the Client in breach of these terms and conditions. Impaxive Media shall be the sole arbiter in deciding what constitutes a breach. No refunds are given in such a situation.
This agreement shall be governed by the laws of South Africa, which shall claim venue and jurisdiction for any legal motion or claim arising from this agreement. This agreement is void where prohibited by law.
Where one or more terms of this contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.
All matters pursuant to this agreement are governed by South African Law and are under exclusive jurisdiction of the South African Courts.
Impaxive Media reserves the right to alter these Terms and Conditions at any time without prior notice, the latest terms and conditions can be found at the Impaxive Media web site at www.impaxivemedia.co.za
By accepting a quotation or making a payment of deposit to use the services supplied, the Client acknowledges to have accepted the Terms and Conditions of this Agreement and agrees to be legally binding by these Terms and Conditions.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s payment of deposit constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions
All advertisement is subject to our prior approval. We have the right in our sole and absolute discretion to reject or cancel any advertisements at any time for any reason.
If Advertiser fails to make payment as and when due, we may immediately cancel all orders for advertising. Our advertising rates are subject to change without notice.
Advertisement will consist of web page title, short description, link to the website and email address. Advertisement will stay on our website for the chosen duration specified by the client, thereafter, if not renewed, advertisement will be deleted.
Search Engine Optimization (SEO)
Impaxive Media cannot guarantee search positions or rankings of websites but include Search Engine Optimization (SEO) in the form of meta tags and descriptions, structure and basic content recommendations. Impaxive Media can assist with the Client’s SEO if and when required and will issue the Client a Quotation accordingly.
Scope creep will not be tolerated, and setting clear goals, objectives and specifications in the initial negotiations and Project Specifications with Impaxive Media remain the responsibility of the Client.
Impaxive Media may suggest Additional Work for the Client’s project, including but not limited to graphic design, software, etc. to enhance the Client’s website functionality and appearance, and reserves the right to do so free of charge or Impaxive Media will issue the Client a Quotation accordingly.
Impaxive Media reserved the right to make changes to these Terms and Conditions at any time without prior consent of any or all of their clients or any third-party agreements.
These Terms and Conditions are legally binding in accordance with the publishing date thereof as incorporated on Impaxive Media’s own website and date of deposit paid which is seen as client’s agreement to continue.
Online Store Requirements:
Here we need text to fill in the following pages
All images and information to be sent via email or dropped locations like DropBox.
Provide all social media links, usernames and passwords so that we can synchronize with your online store. You can change passwords afterwards once setup has been completed.
SUMMARY: Terms and conditions
Updated: 11 November 2019.