Terms And Conditions

The following Terms and Conditions of Service apply to all products and services provided by wwwOwww (henceforth referred to as wwwOwww).

All work is carried out by wwwOwww on the understanding that the client has agreed to wwwOwww’s terms and conditions.

Copyright is retained by wwwOwww on all creative design work including campaign advertising slogans, pictures, ideas, visuals and illustrations unless all costs have been settled.

If a choice of design is presented, only one solution is deemed to be given by wwwOwww as fulfilling the contract. All other designs remain the property of wwwOwww, unless agreed in writing that this arrangement has been changed.

Please see https://wwwowww.co.za/about-us/ for more details about our working process.

Quotations And Project Acceptance

Quotations are generally sent out via our client management software. Subsequent to us receiving your quotation request, you will be registered on our system, after which you will receive a username and password for login to the system. Once logged in, you will be able to view and accept the quotation electronically. The client may also send an official order in reply to the estimate or quotation, or an email acknowledging acceptance of the quotation, and permission for us to accept it electronically on your behalf, all of which binds the client to in accepting wwwOwww’s terms and conditions.

No work on a project will commence until acceptance of the quotation has been received by wwwOwww.

Client Dashboard And Project Updates

Once your project is undertaken, we will keep you informed via our client management system. You will also be able to collaborate and communicate with us via the client area, through which you will be able to view the status of project milestones and completed tasks.

wwwOwww reserves the right to revoke access to its client dashboard and management system at any time and without prior notice, and for whatever reason it deems necessary.

Client Briefs And Provision Of Content

The client agrees to provide a clear and concise brief prior to any work being undertaken. Instructions and guidelines are also to be provided where a particular work product or design is desired.

Where content is to be provided for a project, such content must be provided as per our guidelines (issued upon the initiation of the project). The client agrees that such content will be deemed final as provided, and any major revisions to the content will be subject to additional charges at our discretion.

All required content must be provided by the client within the indicated timeframe of the project. Where this aspect is neglected or delayed beyond this timeframe, the project will be deemed complete and our final invoice will be issued and payable. The provision, addition, or amendment of content thereafter will be additionally charged for at our discretion.

Content must be provided in an acceptable format as per our guidelines, and sent via email or made available electronically via file sharing services.

In cases where content is not timeousely or accurately provided by the client, wwwOwww reserves the right to use generic placeholder text and images as and when required for the purpose of presenting or completing designs, websites or other works. The composure and type of placeholder content will be considered for use at our sole discretion regardless of accuracy or suitability for any given project.

We will not be held liable or responsible for any content provided, and such content will be deemed original work or licensed for use by the client. In the event that we receive takedown or infringement notices for any provided content, we will immediately comply with the relevant laws and remove the offending content, as may be requested by the original author or rightful owner.

Payment

Clients will normally be invoiced on completion of work on our standard terms of payment. For larger projects, such as website development, we will require staged payment. This would normally be three equal payments at stages to be agreed with the client. All new clients are required to pay in full prior to wwwOwww commencing work, unless otherwise stipulated by us.

Completed work will only be released for delivery upon receipt of all balances due.

Payments may be made by direct deposit, online transfer or cash. Publication and/or release of work undertaken by wwwOwww on behalf of the client may not take place before cleared funds have been received.

wwwOwww reserves the right to consider an account to be in default in the event of a returned cheque.

Default

An account shall be considered default if it remains unpaid for 7 days from the date of invoice, or following a returned cheque.

wwwOwww shall be considered entitled to remove wwwOwww’s and/or the client’s material from any and all computer systems, until the amount due has been fully paid.

This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.

Removal of such materials does not relieve the client of its obligation to pay the due amount. Clients whose accounts become default agree to pay wwwOwww reasonable legal expenses and third party collection agency fees in the enforcement of these terms and conditions.

Copyrights And Trademarks

By supplying text, images and other data to wwwOwww for inclusion in the client’s website or other medium, the client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner.

Any artwork, images, or text supplied and/or designed by wwwOwww on behalf of the client, will remain the property of wwwOwww and/or its suppliers in accordance with the Copyright, Designs and Patents Act 1988.

The client may request in writing from wwwOwww the necessary permission to use materials (for which wwwOwww holds the copyright) in forms other than for which it was originally supplied, and wwwOwww may, at its discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used.

By supplying images, text, or any other data to wwwOwww, the client grants wwwOwww permission to use this material freely in the pursuit of the design.

Should wwwOwww or the client supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the client will agree to allow wwwOwww to remove and/or replace the file on the site.

The client agrees to fully indemnify and hold wwwOwww free from harm in any and all claims resulting from the client not having obtained all the required copyright, and/or any other necessary permissions.

Review And Alterations

The client will be responsible for reviewing any work produced by wwwOwww and must provide written notice of amendments to work or approval thereof subsequent to review or proofing.

The client agrees that changes required over and above the estimated work, or required to be carried out after acceptance of the draft design will be liable to a separate charge. The client also agrees that wwwOwww holds no responsibility for any amendments made by any third party before or after a design or other work is published.

Licensing

Any design, copywriting, drawing, idea or code created for the client by wwwOwww, or any of its contractors, is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form without the express written consent of wwwOwww and any of its relevant sub-contractors.

All design work – where there is a risk that another party make a claim – should be registered by the client with the appropriate authorities prior to publishing or first use or searches and legal advice sought as to its use.

wwwOwww will not be held responsible for any and all damages resulting from such claims. wwwOwww is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause. The client agrees not to hold wwwOwww responsible for any such loss or damage. Any claim against wwwOwww shall be limited to the relevant fee(s) paid by the client.

Rights Of Refusal

wwwOwww will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities.

wwwOwww also reserves the right to refuse to include submitted material without giving reason.

In the situation where any images and/or data that wwwOwww does include in all good faith, and subsequently discovers is in contravention to such terms and conditions, the client is obliged to allow wwwOwww to remove the contravention without hindrance, or penalty. wwwOwww is to be held in no way responsible for any such data being included.

Cancellation

Cancellation of orders will only be accepted prior to the undertaking of any work within the project scope, and may be made initially by telephone contact or email.

The client will then be invoiced for any work completed over and above the non-refundable deposit that will have been made at the time of our quotation being accepted. The balance of monies due must be paid within 7 days. Please note: any cancellation which is not formally confirmed in writing, and received by wwwOwww within 7 days of such instruction being issued, will be liable for the full quoted cost of the project.

Project Duration

Any indication given by wwwOwww of a project’s duration is to be considered by the client to be an estimate. wwwOwww cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed to be from the date that cleared funds are received by wwwOwww for the initial payment or by date confirmed in writing by wwwOwww.

Disclaimer

wwwOwww makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. wwwOwww will not be held responsible for any and all damages resulting from products and/or services it supplies.

wwwOwww is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure.

The client agrees not to hold wwwOwww responsible for any such loss or damage. Any claim against wwwOwww shall be limited to the relevant fee(s) paid by the client.

wwwOwww reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their terms and conditions. wwwOwww will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

wwwOwww and its clients agree to comply with printers’ terms and conditions which include disclaimers for non-completion on time and the flexibility to supply quantities within 10% of the total ordered. wwwOwww recommend that if an exact quantity is required, then 10% extra is added to the quantity and extra time made available should the job be delayed.

Acceptance Of Terms And Conditions And Quotation

The placement of an order for design and/or any other services offered by wwwOwww, by email, verbally or in writing, is deemed to be acceptance of these terms and conditions.

An estimate validated by confirmation of approval to proceed with the project by the client by electronic dissemination, e-mail or in writing constitutes acceptance of the estimate or quotation and agreement to comply fully with all the terms and conditions and forms a Contract for Business between the signatory and wwwOwww.

wwwOwww reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.

Charges for creative design services to be provided by wwwOwww will be set out in the written estimate or quotation that is provided to the client.

Charges for creative design work do not cover the release of copyright open-format design files including indd, psd, png, eps, jpg or any other source files; if the client requires these files they will be subject to a separate quotation or ‘buy-out’ charge.

Publication and/or release of work done by wwwOwww on behalf of the client may not take place before cleared funds have been received.

All design work will be proofed by the client and written approval given via email before wwwOwww will release it for publication or print. Whilst all efforts will be made by wwwOwww to ensure the accuracy of work, no liability can be accepted by wwwOwww for errors not highlighted by the client prior to written approval for publication or print.

Data Formats

The client agrees to wwwOwww’s definition of acceptable means of supplying data to the company.

Text is to be supplied to wwwOwww in electronic format as standard text (.txt), MS Word (.doc) or via email.

Images which are supplied in an electronic format are to be provided in a format as prescribed by wwwOwww email or FTP service. Images must be of a quality suitable for use without any subsequent image processing, and wwwOwww will not be held responsible for any image quality which the client later deems to be unacceptable.

wwwOwww cannot be held responsible for the quality of any images which the client wishes to be scanned from printed materials. Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services, colour correction and alteration of images.

wwwOwww requires that a website template or design wireframe is approved by the client before coding of a site commences. Once the template(s) for the website are approved by the client, coding will commence; any changes to navigation items, colours, structure or content which require changes to the template will incur an additional charge.

Once web design is complete, wwwOwww will provide the client with the opportunity to review the resulting work. wwwOwww will make one set of minor changes at no extra cost within 14 days of the start of the review period.

Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include changes to images, colour schemes or any navigation features. Any minor changes can be notified to wwwOwww by e-mail.

wwwOwww will consider that the client has accepted the original draft, if no notification of changes is received in writing from the client, within 14 days of the start of the review period.

Content Pages

Where a website package or quotation defines a number pages to be included in a project, pages are defined as consisting of text, images, or video links that occupy a maximum space of 1200px X 1920px at standard font sizes and at 72DPI screen resolution. We may opt to contain information within layout elements such as Tabs, Accordions, sliders etc. for design and functionality purposes. However, the combined volume of the contained content will constitute the effective page size as defined.

Where content for a particular page exceeds the above defined volume, the page content will be deemed to consist of more than one page of the allocated page limit defined in a particular package or quotation.

Rights Of Access For Website Construction

The client agrees to allow wwwOwww all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords.

The client also agrees to allow wwwOwww access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.

The client agrees to supply wwwOwww with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.

Website Hosting

Where required and arranged, we will assist with any domain registration or transfer services, and setup your web hosting with your preferred service provider. Where a current domain is registered and hosted, we will require the login and password access to the cPanel or other hosting dashboard immediately upon acceptance of this quotation.

wwwOwww does not guarantee continuous service and will accept no liability for loss of service, whatever the cause.

wwwOwww may request that clients change the type of hosting account used if that account is deemed by wwwOwww to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website.

Fees for managed hosting via wwwOwww’s dedicated server are due at the commencement of any period of service and are non-refundable. Fees due to third party hosting organisations are the responsibility of the client and wwwOwww is not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the client/domain owner.

wwwOwww reserves the right to limit or suspend hosting and related services on it’s dedicated server at any time and without prior notice.

Domain Registration

wwwOwww cannot guarantee the availability of any domain name. Where wwwOwww is to register a domain name on behalf of a client it will endeavour to do so but the client should not assume a successful registration.

Search Engine Submission

Due to the infinite number of considerations that search engines use when determining a site’s ranking, wwwOwww cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added. In some cases, wwwOwww may recommend that clients use a professional Search Engine Optimisation specialist and can arrange for third party SEO consultancy, but can accept no responsibility for their services.

Design Credits

The client agrees to allow wwwOwww to place a small credit in the form of a link to wwwOwww’s own website on the client’s website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.

The client also agrees to allow wwwOwww to place websites and other designs, along with a link to the client’s site on wwwOwww’s own website for demonstration purposes and to use any designs in its own publicity and portfolios.

General Overview

The following identifies what wwwOwww customers can typically expect from us with regard to Service Level Agreements for day-to-day online application and website support. It specifies the services and commitments of wwwOwww and the expectations and obligations of the client.

wwwOwww does not provide hosting or domain related services, and any queries related to such issues must be addressed to your hosting provider or domain registrar. However, wwwOwww may at our discretion assist with issues related to hosting and domain issues.

The Standard Service Level Agreement covers one website, being defined by it’s domain or sub domain.

Included in the monthly support contract:

• All fixes relating to accepted functionality / content developed by wwwOwww
• Requests for minor content changes according to the package selected (limited to spelling errors, sentences, paragraphs, bullet points, etc. Not exceeding 300 words per content change)
• Advice on usage of the CMS and the wwwOwww developed pages

Excluded from the monthly support contract:

• Functional or behavioural site changes or development
• Large scale graphical or styling changes
• Site optimisations for browser compatibility
• Repeat or large scale training requirements

Due to the complex & technical nature of the product provided to you, we will use our extensive experience and good judgement to determine whether an item of work can be included or excluded within the existing support agreement.

Contacting Client Services

The client services department is staffed between 9:00am and 5:30pm Monday-Friday (defined as office hours) excluding public holidays, responses can only be provided during this time.

In order to get the best service from wwwOwww, a description of the services, how they should be used, responses and responsibilities are listed below:

Online Support Ticketing System

There is a dedicated support portal to raise and manage all support related issues, enquiries, and requests at the following URL https://wwwowww.co.za/cqpim-login/. Extensive supporting information is also available in this location to aid with learning about the products and services we offer. Upon Client Services taking on the day-to-day support of your website or online application, user account details for the portal will be issued.

It is a requirement that you provide your primary work email address as this ensures that your enquiries can be routed without delay and that all of your named support contacts have shared visibility of each other’s tickets. In order to ensure effective lines of communication are maintained, we allow no more than 2 authorised support contacts per organisation.

Tickets logged via our online system can be made 24-7, 365 days of the year and will automatically generate a unique reference number, which should be quoted in all further communications relating to the issue logged.

The online ticketing system is the preferred method of notifying wwwOwww of any support issues as it is visible to all of the wwwOwww Client Services team and will have the highest priority for support.

For your convenience, you will be able to reply to support ticket responses via email.

Email

Sending an email to support@wwwowww.co.za is also an acceptable method for requesting web support assistance. The request will be delivered to all members of the support team, ensuring that it is reviewed promptly. Unless designated urgent, requests made via email will be processed in the order in which they are received during normal hours of operation.

Responsibilities of Those Making a Request

We will create a professional new corporate identity for your business. A total of 3 concepts will be provided, and 3 revisions will be applied to your final choice as may be requested. As part of our package, we will include the following:

Whenever possible, you should contact wwwOwww support whilst logged in to the relevant application. All tickets will be entered and updated in a common database. Clients should always attempt to provide the following information when raising a ticket.

• Full description of problem(s)
• Full description of any error message(s)
• Full URL (s) where the problem was experienced
• User Log on details (for security reasons the password should be provided verbally)
• Time and date when the problem was experienced
• Browser and Operating System versions
• Screen shot(s) – attached via the Client Services Customer Portal

All contact should be made via an authorised named contact. This person is someone in your organisation who is recognised by wwwOwww as being authorised to contact wwwOwww for support services.

Responsibilities of wwwOwww

wwwOwww will confirm that the support and license contract is fully paid up, as per the arranged method and schedule detailed in this document before responding to any support queries.

• All messages requiring action (and follow-up) are logged to the Online Ticketing system. Requests for work will be scheduled according to an assigned priority and availability of staff resources.
• During office hours, the telephone is answered as soon as possible by a member of the support team, and is not an automated call system.
• All tickets will receive an initial response within 24 hours, or the next business day to verify a problem exists, and/or set up a time for resolution.

Reasonable Use Policy

wwwOwww serves it’s clients by providing a single point of contact to the wwwOwww Client Services team. Support is provided to named client contacts only and is provided on a ‘reasonable use’ basis. In order to ensure a consistently good service level is provided to all customers, support usage is actively monitored and reported back to you. In the event that we believe your support usage is no longer deemed to be within our ‘reasonable limits’ and will have an impact on other customers then a new agreement will be proposed. A mutually acceptable solution of an increase in support fees, an alternative support model, or a reduction of support usage will need to be reached.

Hours of Coverage, Response Times and Complaint Resolution

Requests not covered in the scope of this service can be submitted via email or through our support portal, and will be referred on to the appropriate department or individual(s).

Hours of Coverage

Web content support is provided by our support team Monday through Friday, 8am to 5pm, on regular business days. In cases of urgent requests, we can choose to extend our operating times at our discretion.

Response Times

wwwOwww will use the following guidelines to prioritise web support requests, with the goal of beginning to work on the problem within the target timeframe. Actual response times may be shorter or longer, depending on the volume of requests being handled at any one time.

Issue	Action Required From Client	Action Required From wwwOwww	Expected Resolution Time
CMS framework updates	None	We are automatically notified of such updates by the CMS provider, after which we investigate theme and script compatibility and implement updates accordingly	Immediately
Script updates	None	Implemented from time to time as may be necessary to improve functionality and features enhancement	Immediately
Entire site unavailable or slow loading times	Raise issue with hosting provider, or where Afrihost is provider, we may choose to assist on your behalf	None	Dependant on hosting provider
Bug discovered which affects usability of site	Submit a detailed support ticket	Investigate nature of bug and how to best fix it and respond to client with an estimated resolution time	Typically within 5 business days, although this could take longer in the case of being added in to-do lists for frameworks and scripts
Small content change or update required	Submit a detailed support ticket with a small brief	Investigate nature of change and scheduled date to complete. If chargeable provide a quotation.	Typically within 5 business days
Page additions	Submit a detailed support ticket with a thorough brief	Investigate nature of change and scheduled date to complete. If chargeable provide a quotation.	Typically within 5-7 business days
Functionality additions	Submit a detailed support ticket with a thorough brief	Ensure task is fully understood before checking with technical team for implementation time estimate, and possible alternative solutions, and then provide quotation	Up to 7 business days
General advice required	Submit a detailed support ticket, or send us an email	Contact client to offer advice	Up to 2 business days

Escalation

Any user not satisfied with the level of service related to a web support request should contact the Director of wwwOwww, who will review your input and respond to you with the action taken.

Other Requests

Requests not covered in the scope of this service can be submitted via email or through our support portal, and will be referred on to the appropriate department or individual(s).

Other Factors Affecting Resolution Times

Resolution time can be affected by speed of feedback from the client, as well as previously unknown issues being uncovered during issue investigation.

Payment

Payment for support is to be made annually or on the 1st of every month in advance, as per your preference. Payment will be accepted in the following methods:

• Direct bank transfer or EFT

In the case of EFT payments, we recommend that you add a monthly scheduled payment to your online banking schedule. We encourage this practice in order to avoid unintentional late payments which may result in your service being suspended.

Cancellation

Our Support and Maintenance plans are based on standard contract periods of 12 months. The cancellation of Support and Maintenance plans will be subject to pro-rata full settlement for the balance of the contract period.

Breach of contract, or failure to settle any outstanding accounts could, at our discretion, result in websites being suspended or taken offline completely.

Default

Failure to make payment on time will result in your support contract being suspended. Suspension will be uplifted 14 days after your account is deemed to be up to date.