Either party shall have the right to terminate the Contract immediately by giving notice in writing to the other party in any of the following events:
Where in the instance that a timescale has been given and the delay has been caused by any party excluding MediaXtreme, then we will not be held responsible for any money lost to the client if the deadline has not been met.
At times, any work undertaken by us, which has been quoted; may, by giving prior written notice incur a specification change or additional costs. Charges are non-negotiable and may not be negotiated against work to be completed.
In accordance with clause 1.3, MediaXtreme will not carry out any further work on the specified project until an agreement has been reached.
Where the client is from overseas then South African Law will govern all conducts of business and business transactions. Reference overseas means any other country outside South Africa.
DEPOSIT AND BALANCE
Client agrees to pay MediaXtreme 50% of the total project cost before any services are provided, and the remaining 50% is to be paid before any workable files are delivered. Provided that the project is paid for upfront in one single payment. If the parameters of the Work change, or if it involves more time than estimated, MediaXtreme will inform Client and they can renegotiate the Work’s cost. If a Client agrees to pay the project in monthly installments, the Client then agrees to pay 50% upfront as a security deposit in order to start the project and also agrees to signing the debit order mandate.
Your deposit becomes non-refundable due to the nature of work that has already been undertaken to gain the business. Only under extreme circumstances would a refund be viable. We understand that if no work is carried out and the project is cancelled within fourteen (14) days a refund would be made available less any administration and travel costs.
The Client agrees to pay the balance in full immediately before the website is due to go live, if a site is published before payment is received you agree that MediaXtreme has the right to disable part or all of the service until payment is received (only if fees are paid upfront).
All deposit and advance payments are non-refundable and in the event that the Client seeks to withdraw from the contract at any stage, the Client agrees to pay MediaXtreme for the work completed to date, including, but not limited to: any costs, expenses or payments or other losses incurred by MediaXtreme in compliance with the contract.
All quotes and estimates provided prior to project commencement are valid for the agreed upon time frame. It is also understood that should any project be delayed by Client response times beyond the original anticipated and agreed timescale, this could have an effect on the quality of the final product, possibly incur additional cost and in rare cases require an end to the project commission prior to completion. It is understood that any amendments or changes not detailed within the project proposal could incur additional cost; however, any increased charges will be agreed by both parties prior to commencement.
MediaXtreme will make every effort to design projects for the most popular browsers and operating systems, but cannot accept responsibility for pages which do not display correctly in new or extremely old or complex versions.
We may produce up to three (3) mock screens for each client, it is inevitable that a client may not like any of the designs in which case we invite the client to our premises to sit with our designers and produce the work as a team.
MediaXtreme will not be responsible for third party costs should the client introduce a third party designer or developer into the project and we are not prepared to reduce our fees should the client introduce a third party to assist with the design of the site.
If you require an amendment to the design to take account of any application function or performance criteria not previously specified, then we will be entitled to make such revision to the timetable and the completion date. We may adjust our fees accordingly, which you will pay following prior consultation and agreement between us. In the event that a fee for the additional work cannot be agreed upon then we will be under no obligation to undertake the additional work, such work and this contract will continue in full force and effect.
It is understood that should the Client delay the project timeline dramatically beyond the initial proposed timeline, then MediaXtreme reserves the right to defer the project and/or recover further fees in this regard to cover administration of the account.
The flat fee set at registration, shall be for a period of one (1) year only (unless specified otherwise at time of purchase) and automatically renewed prior to expiry.
It is to the client’s discretion if they wish to continue with their requested domain name(s) after expiry.
It is the client’s responsibility to verify and approve domain names prior to registration. MediaXtreme will not be held liable for verbal misinterpretations or email requests.
All new domain names will be processed once monies have been cleared for payment.
MediaXtreme will not be held responsible for any failure to register domain names but will return all registration payments to the client.
Upon renewal we will notify you by telephone, letter or invoice as an indication that your renewal is due, it is then up to you the Client to respond. Failure to respond will result in your domain becoming unusable, or returned to be re-registered.
Whilst every effort is made to renew the domain name MediaXtreme is not responsible should a domain become de-tagged or suspended.
MediaXtreme will not renew a domain until the renewal fee has been paid in full.
The standard annual fee for hosting is …R700… +VAT which shall be paid in advance by the Client on the Effective Date and on each anniversary of the Effective Date. Included within the price of our hosting service is the setting up of email accounts. Emails can be administered by using Webmail through your internet browser. This method allows you to view emails from any computer in any location (home or oversees) provided you have an internet connection. Alternatively, (and in conjunction with), you can set up your emails using third party software such as Outlook Express and Entourage. Please note that we do not support third party software. We allow for the setup of up to twenty (20) email accounts (e.g. [email protected], [email protected] [email protected]). The service we offer satisfies the majority of our client needs.
Our disk space quota per website and per email mailbox is 5 gigabytes (GB). Charges will apply for exceeding this quota at R2 +VAT per megabyte. Clients may select to upgrade their disk space at a cost of …R20 +VAT per gigabyte. Upgrades are payable in advance and cannot be downgraded until twelve (12) months have expired.
MediaXtreme retains the right to disable a project, website, FTP access, email service or temporary disable the service at any stage due to non-payment of an invoice. The service will resume once payment has cleared.
MediaXtreme will not be held responsible for any loss of income, loss of business or profits should a web site become unavailable due to a problem either in or out of MediaXtreme’s control. An exception to this term is if we are proven totally negligent against the problem.
MediaXtreme will not become responsible for any loss of income, loss of business or profits should a web project be delivered behind schedule. Every effort is made to deliver the project on course and to all given dates.
MediaXtreme retains the right to charge extra for enhancements and/or additional amendments, providing such extra charges are first agreed in writing with the client.
Following the completion of all web projects, the Client will immediately become responsible for all marketing of the project, unless otherwise stated or sold to as a web marketing package.
If we incorporate or embed third party software products in the website, then such products will so far as possible be properly licensed to you or to us in accordance with the conditions of sale of the seller of the same. We give no warranty in respect of any such products beyond the warranty given to us. The provision of the software to you will be subject to the terms and conditions of the supplier of the software and you hereby agree to indemnify us for all loss, damage, costs, expenses and other claims arising from your use of the software
TESTING AND ACCEPTANCE
The testing shall take place on a test site that we set up with the initial 1st design, available to you on the internet until transferred to a live domain.
We will test the website.
If any fault or “bug” is found, we will undertake such further work as is necessary until the testing procedure is satisfied as to 100%.
When the test procedure is completed with 100% compliance, we will inform you and you may then test the website.
Within seven (7) working days, you will inform us of any deficiencies in the operation of the website and in the absence of any such notification; you are deemed to have accepted the website.
The project is complete after the occurrence of the earlier of the following events:
the testing procedure has demonstrated 100% efficiency to both parties or you are deemed to have accepted the website
the website is published on the servers of MediaXtreme or
the system is approved at go-live date and any further testing or development work required will be undertaken within thirty (30) days post go-live date.
It is understood that on the completion of any WordPress website supplied to the Client by MediaXtreme that it will be the Client’s responsibility to maintain the website (including regular back-ups) keeping the WordPress CMS and any Plugin’s up to date – this not only improves the function of the website but also increases security reducing the risk of hacking. This can often be done MediaXtreme for a nominal fee of R250 per hour. MediaXtreme holds no responsibility to the security, upkeep or maintenance to the Client’s WordPress website after completion.
COPYRIGHT AND CONTENT
The copyright and all intellectual property rights supplied by the client shall remain the property of the client.
The copyright and all intellectual property rights supplied by MediaXtreme shall remain the property of MediaXtreme.
The contents of all reports, documents, specifications, presentations, software and documentation prepared, made or written by us for or to the client in working towards winning or developing a project will remain the property of MediaXtreme along with its layouts, templates and design. Under no circumstances are the contents of said material to be dispersed, used, duplicated or distributed.
MediaXtreme is under no circumstances be responsible for the content of its client’s websites, unless otherwise stated by the client and or MediaXtreme. All discrepancies should be dealt directly with the Client.
All domain names registered for the client on behalf of MediaXtreme remains the property of the client, unless otherwise stated by the client and, or MediaXtreme.
The Client will not hold MediaXtreme responsible for any infringement of Copyright relating to the Design. It is the responsibility of the Client to ensure that no Copyright infringement will occur. Refunds will not be made in cases of such Copyright infringement.
INTELLECTUAL PROPERTY RIGHTS
Software code and graphic images owned by a third party are not affected by this agreement. During and after completion of the contract and unless otherwise specified in this agreement ownership of intellectual property shall be as follows:
Website concepts, designs and images introduced by MediaXtreme, belong to MediaXtreme.
We reserve the right to add a link to your website on the basis that we created the website. If you do not wish for us to exercise this right then you must notify us in writing prior to the website going live.
We reserve the right to add a link to your website in the portfolio section of our website confirming that we developed the website. The primary purpose of this is to act as a showcase of the services we can provide to our clients but should also have the effect of increasing traffic to your website.
MediaXtreme shall at all times be entitled to use for purposes of self-promotion any of the commissioned work or any description or illustration of the commissioned work.
PAYMENT AND TERMS
In consideration of the proper performance of MediaXtreme’s obligations hereunder, the client shall pay MediaXtreme the design fee, the hosting charge and all other applicable charges due hereunder unless a full and final rate was negotiated between MediaXtreme and the Client.
The client shall pay all sums due to MediaXtreme hereunder within thirty (30) days after receipt by the client of an invoice or, if by prior agreement, on the due date of payment.
The customer shall notify MediaXtreme within seven (7) days after receipt of an invoice, if the customer considers that the invoice is incorrect or invalid for any reason and the reasons for withholding payment.
We reserve the right to charge you interest in respect of late payment of any sums due under this agreement (both before and after judgment) at the rate of 9 (nine) per cent (9%) from the due date until receipt of payment.
When a project contract come to the end of its 24 or 36 month period the Client has the right to either cancel the website, move the services to another service provider or continue to make use of our services. In the event the Client decides to continue with the use of our service the contract period will be extended by another 24 or 36 month whereby the Client will continue to pay the set monthly fee of the initial project.
If payment has not been received within the 30 day period, The client will hereafter have 7 to 10 working days to settle the account otherwise the client website will be suspended until such payment has been received.
Either party shall have the right to terminate the contract immediately by notice in writing to the other in any of the following events:
if the other party has committed any persistent or material breach of its obligations under the contract and does not remedy that breach within thirty (30) days after receiving written notice from the other party, or
by either party giving fourteen (14) days written notice, all work which has been completed and paid for will be made available to the client via FTP linkup, less any administration work required, or
After non payment has been received within 60 days the client website will be terminated.