Terms And Conditions
Project Specifications
The Client must supply the Project Specifications to Known Design in order for Known Design to issue an accurate and
binding quotation.
If the Client requires further assistance with the creation of a Project Specifications, Known Design can assist the Client.
This time may be billed to the Client at the discretion of Known Design.
Quotation
Quotations are valid for One Month from the documented date on the Quotation.
Quotations do not include domain name registration or website hosting fees unless otherwise specified.
Acknowledgement
Upon a Client accepting the Known Design Quotation, the Client acknowledges that they have read and accepted these
Terms and Conditions.
Agreement
The Client acknowledges acceptance of the Quotation and these Terms and Conditions by paying 50% of the total quoted South African Rand (ZAR) value as a deposit to Known Design’s stipulated bank account details as provided on the Invoices. Clients can be billed in other currencies if agreed by both parties.
Products and/or services as described in the Quotation will only commence, once the Client’s deposit has been confirmed as received by Known Design.
Known Design commit to work expeditiously to complete the quoted products and/or services within the Project
Specifications and time-frames indicated as per the Quotation(s).
Known Design can not be held responsible for delays outside of their control, including but not limited to equipment
failure, Third Party Hosting Services, and interrupted internet connections.
Known Design endeavour to make websites that perform well in up to date, current major browsers (Google Chrome, Firefox, Safari, Microsoft Edge), but can not guarantee backward compatibility (i.e. functionality on older or obscure devices and software).
Deposit
Deposit(s) are non-refundable unless Known Design, at their sole discretion decide otherwise. The decision by Known Design is based on the factors surrounding the project in question and is non-negotiable.
Required Documentation
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. This includes all material such as, text copy, product details, pictures, videos, company profiles, et cetera.
The Client is to provide all Required Documentation electronically to Known Design, to initiate work on aforementioned quoted products and/or services, unless they are to be created as part of the project.
The Client’s quoted and accepted products and/or services will only be queued and allocated accordingly, after compliance with Terms & Conditions above unless agreed otherwise in writing.
If the Client does not supply Known Design with the Required Documentation within 20 (twenty) calendar days from Invoice date, the entire amount of the Agreement becomes due and payable, should the Client choose to continue the Agreement with Known Design.
If the Client still has not submitted or provided all the Required Documentation within 45 (forty-five) calendar days from Invoice date, 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.
Copyrights
The Client has to ensure they have the Copyright for all material supplied.
Known Design, 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.
If and when Known Design 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.
Known Design does not take any responsibility for any and all content supplied from the Client without proper Copyright whatsoever.
Graphic Images
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.
Graphic Images (including but not limited to artwork and logos) supplied by the Client, must be of high digital quality and applicable format. The format can be confirmed with the Known Design team as required.
Photographs
Photographs supplied by the Client must be of high digital quality and applicable format.
Printing
Known Design does not offer any printing products and/or services, therefore Known Design take no responsibility for print or Printing errors.
Completed graphic design, logo, or any artwork by Known Design will be e-mailed to the Client, and the Client will enter into an agreement directly with the printer of their choice.
To ensure colour and print quality, it is the Client’s responsibility to request a colour proof from their printers.
Website Hosting
Hosting via Known Design
Hosting via Known Design allows for allocated disk space and traffic brandwidth limited to that Hosting package. Disk over-usage will be charged at the appropriate rate at that time, Invoiced to the Client’s account and must be paid within 14 (fourteen) calendar days after Invoice date thereof. Overage pricing/rates are explained on the quotes.
Monthly Hosting & Yearly Domain Fees must be paid on or before the last working day of each month, unless committed to payment by means of a stop order payment, in which instance the last calendar day is applicable.
Hosting fees are payable from date of domain registration, transfer to Known Design hosting and if applicable, from start of website development by Known Design.
Payments not received by the 1st of each month automatically suspends the Client’s Hosting service, thus risk deactivating the Client’s website. This is can be waved at the sole discretion of Known Design, without giving up any rights as per the terms and conditions.
A reactivation fee, at the appropriate rate at that time, will be billed to the Client, based on time spent correcting the suspended account.
Hosting fees not received for 3 consecutive calendar months irrevocably terminates the linked website 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.
Known Design 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. Hosting cancellations are only accepted in writing or e-mailed to roger-michael@knowndesign.co, on or before the 1st of the new month as it carries a calendar month notice period.
All outstanding payments must be paid up to date before the Client’s Hosting services will be terminated with Known Design, thus enabling release to transfer to a Third Party Hosting Service Provider.
Known Design uses Xneelo for hosting. Known Design cannot be held liable for downtime or loss due to technical faults from the servers due to hacks, technical errors, electricity outages etc.
Should there be any website downtime, due to reasons outlined above, Known Design will do everything they can to resolve the situation. If there are credits passed on from Xneelo, this will be shared with the clients.
Should the hosting be cancelled as outlined above, the onus will be on the client to migrate/transfer the site and all its content. Should the client prefer that this be managed by Known Design, this can be arranged. Time spent by Known Design will be billed to the client.
Hosting via a Third Party Service Provider:
If the Client uses a Third Party Service Provider, the Client will enter into an agreement directly with that Third Party Service Provider.
Known Design 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 when not hosted with Known Design.
All technical aspects of websites must be referred to the Client’s Third Party Hosting Service Provider. Known Design will however assist the Client upon request with Third Party Hosting Service Provider(s). This time may be billed to the Client at the discretion of Known Design.
Search Engine Optimization (SEO)
Known Design can not guarantee search positions or rankings of websites, but include Search Engine Optimisation (SEO) in the form of Google webmaster tools submission, google analytics integration, meta tags and descriptions, structure and basic content recommendations for all websites developed. Known Design can assist with the Client’s SEO if and when required and will issue the Client a Quotation accordingly.
E-Commerce
Known Design will load up to 10 products on the website on the Client’s behalf. However, the Client will be able to load unlimited products subject to fair usage of the hosting package.
Should the Client require Known Design to load more than the aforementioned 10 loaded products, Known Design will issue the Client a Quotation accordingly.
Balance of Payment
The Client is required to e-mail the Proof of Payment to Known Design.
All work remains the property of Known Design until the full and final payment is received.
Completion Date
Activation of the Client’s website is conditional to the Terms & Conditions 14 above.
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.
Additional Work
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 in accordance to these Terms and Conditions, quoted and agreed to. All payment(s) and time-frame(s) as set out in these Terms and Condition shall apply.
Scope creep will not be tolerated, and setting clear goals, objectives and specifications in the initial negotiations and
Project Quote with Known Design remain the responsibility of the Client.
Known Design 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
Known Design will issue the Client a Quotation accordingly.
Service Agreement
The Client may request that Known Design access their website’s Content Management System to make requested changes. Upon doing so, the Client indemnifies Known Design 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.
Known Design commit to respond 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 within a reasonable time period, as soon as Known Design is able.
Invoices and Statements
Known Design is not a credit service provider and does not grant any credit facilities whatsoever. Client Statements and accounts does not imply negotiable payment terms, and are issued in accordance with the nature of Known Design being a month-to-month service provider.
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 Known Design having confirmed receipt of said funds.
Invoices, corresponding payments received, and due balances will reflect on the Client’s Statement.
Due to the nature of the business, additional Client Statements will be issued and e-mailed for all overdue balances and additional fees Invoiced as required.
Consultations
Telephonic, Skype or e-mail queries will be responded to free of charge for confirmed Clients according to Terms & Conditions 4.1.
Meetings and consultations will be charged at the discretion of Known Design, in accordance to these Terms and Conditions, quoted and agreed to.
Legal Costs
Failure to comply with these Terms and Conditions regarding payments and fees will result in legal action from Known Design’ legal representative(s), and the full outstanding balance becomes payable.
All legal costs resulting of non-payment will be accrued to the Client’s outstanding balance.
Cancellations
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 14 (fourteen) calendar days of Invoice date.
Known Design will only refund Client’s amounts paid, for products and/or services not delivered in accordance to the initial Agreement(s), or balance thereof in accordance to Terms & Conditions 21.1.
Hosting and Domain Fees are non-refundable, as these are paid in advance.
Known Design reserves the right at its discretion to cancel this Agreement should the Client breach any of the Terms and Conditions stated herein.
Security
Known Design 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.
Known Design’ 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.
General
Known Design reserves the right to make changes to these Terms and Conditions at any time without prior consent of any or all of their Clients, employees, independent contractors, affiliates, agents, agencies or any other third party agreements.
These Terms and Conditions are legally binding in accordance with the publishing date hereof, as incorporated on Known Design’s own website.
