Terms & Conditions
The following terms and conditions apply to all website development / design services provided by Lani Gouws Web Development 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 or use of our services implies that you have read and accepted our terms and conditions.
Charges for services to be provided by Lani Gouws Web Development are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Lani Gouws Web Development reserves the right to alter or decline to provide a quotation after expiry of the 30 days.
Deposit(s) are non-refundable and non-negotiable. 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.. Any amount paid by the Client, greater than the 50% required Deposit, does not construe or imply any additional rights other than what is stipulated in these Terms and Conditions.
Payment for services is due by PayPal payment or bank transfer. Bank details will be made available on invoices.
4. Client Review
Lani Gouws Web Development will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Lani Gouws Web Development otherwise within ten (10) days of the date the materials are made available to the Client.
5. Turnaround Time and Content Control
Lani Gouws Web Development will install and publicly post or supply the Client’s website by the date agreed with Client upon Lani Gouws Web Development receiving initial payment, unless a delay is specifically requested by the Client and agreed by Lani Gouws Web Development.
In return, the Client agrees to delegate a single individual as a primary contact to aid Lani Gouws Web Development with progressing the commission in a satisfactory and expedient manner.
During the project, Lani Gouws Web Development will require the Client to provide website content; text, images, videos and sound files.
Lani Gouws Web Development will not be responsible for any text content creation.
6. Failure to provide required website content:
Lani Gouws Web Development is a sole proprietorship. To remain efficient work must be carried out at the scheduled time. On occasions Lani Gouws Web Development may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
If your project involves Search Engine Optimisation you must provide the text content for your site in advance so that the SEO can be planned and completed efficiently.
If you agree to provide the required information and subsequently fail to do within one week of project commencement Lani Gouws Web Development reserves the right to close the project and the balance remaining becomes payable immediately.
NOTE: Text content should be delivered as a Microsoft Word, PDF, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.
Using our content management system you are able to keep your content up to date your self.
Invoices will be provided by Lani Gouws Web Development upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt.
8. Additional Expenses
Client agrees to reimburse Lani Gouws Web Development for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography and software not included standard services and packages etc.
9. Web Browsers
Lani Gouws Web Development 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. Firefox, Internet Explorer 8 & 9, Google Chrome, etc.). Client agrees that Lani Gouws Web Development cannot guarantee correct functionality with all browser software across different operating systems.
Lani Gouws Web Development 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, Lani Gouws Web Development 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.
Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Lani Gouws Web Development’s servers, Lani Gouws Web Development will, at its discretion, remove all such material from servers. Lani Gouws Web Development is not responsible for any loss of data incurred due to the removal of the service. Removal of such material relieves the Client of the obligation to pay any outstanding charges assessed to the Client’s account.
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or 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.
All Lani Gouws Web Development services may be used for lawful purposes only. You agree to indemnify and hold Lani Gouws Web Development harmless from any claims resulting from your use of our service that damages you or any other party.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Lani Gouws Web Development the rights 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 Lani Gouws Web Development permission and rights for use of the same and agrees to indemnify and hold harmless Lani Gouws Web Development 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 Lani Gouws Web Development that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
14. Design Credit
A link to Lani Gouws Web Development will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. The Client also agrees that the website developed for the Client may be presented in Lani Gouws Web Development’s portfolio.
15. Access Requirements
If the Client’s website is to be installed on a third-party server, Lani Gouws Web Development must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP or cPanel. Depending on the specific nature of the project, other resources might also need to be configured on the server.
16. Search Engine Optimization
Lani Gouws Web Development can not 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. Lani Gouws Web Development can assist with the Client’s SEO if and when required and will issue the Client a Quotation accordingly.
Lani Gouws Web Development 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 web site;
Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of Lani Gouws Web Development 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 paid for the Services under this Agreement in respect of which the breach has arisen.
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid,
Lani Gouws Web Development reserves the right to make changes to these Terms and Conditions at any time without prior consent of any or all of their Clients, independent contractors, affiliates, agents, agencies or any other third party agreements.
These Terms and Conditions (https://lanigouws.com/terms-conditions/) are legally binding in accordance with the publishing date hereof, as incorporated on Lani Gouws Web Development’s own website , and date of signing a service delivery Agreement(s) with Lani Gouws Web Development.
These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of terms and conditions.