TERMS AND CONDITIONS Mak Enterprises. To ensure that we produce the best quality work and get you that perfect work, please take note of the following terms and conditions which apply to all products and services provided by us, Mak Enterprises.
- Take Note
- Project Acceptance
- Additional Work
- Third Party Services and Charges
- Project Timelines
- Content Collection
- Website Domains
- Intellectual Property
- Design Credits
- Personal Information
- No Warranties
- General Limitation of Liability
- General Indemnity
- Circumstances Outside Our Control
- Whole Agreement
Payment On acceptance of the quotation, you will be sent an invoice for 50% of the quoted charges. This amount is non-refundable, and we will only start working on your project once we have received it. Upon completion of the project, you will be sent a final invoice for the remaining 50% plus any charges for any additional work performed by us. We will not release any work to you, or let your website go live, until we have received this final payment. All payments are to be made within 7 days of the date of the invoice, without deduction, set-off or demand by NEFT into a bank account nominated by us. We do not accept cash. All amounts not paid within 7 days of the date of the invoice will incur interest at a rate of Prime plus 1% from the due date until the date of payment. In addition, we will be entitled to remove any of our work from any computer systems and/or suspend your access to any services provided by us without notice to you, until all outstanding amounts have been paid in full. Such removal or suspension does not relieve you from making payment of the outstanding amounts. All invoices include VAT at the applicable rate. All services provided and work completed by Mak Enterprises will be invoiced for. Please note that our charges do not cover the release of our copyright design source files. You can purchase these source files at an additional cost.
Additional Work Should you during the project request us to perform any work which falls outside the scope of the original quotation, you will be provided with an additional quotation setting out the scope of the additional work to be performed, an indicative timeline within which the additional work will be performed and our charges for the additional work to be performed. A copy of the quotation/CE is to be signed, dated and returned to us to indicate your acceptance, along with proof of your deposit payment. The quotation/CE is valid for 30 days.
Third Party Services and Charges We acknowledge that you may require the use of third-party service providers, for example, online payment processing services. We will ensure that the required third party products or services are integrated into the project, but we can’t be held responsible for any issues which you may experience with the third party service provider, the products or services provided by the third party service provider, or any problems created by the third party products or services in relation to our work. To the fullest extent permissible in law, we will not be liable for and you hereby indemnify us against any claims, losses damages liability and/on costs of any kind arising out of or in connection with any products on services provided by the third party service provider. Our quotations, unless specified, exclude all third party charges. You will be responsible to pay any third party charges, over and above our charges.
Project Timelines An indicative timeline within which the work will be performed will be set out in the quotation. This timeline gives you an indication of when we will finish the project, but it is not binding on us. The timeline will start running as soon as we have received the 50% deposit, and is dependent on: – Third party service providers performing timeously; – You providing us with the necessary content timeously;
Content Collection You must provide us with all relevant information and content (written and imagery) prior to the start of the project. We may also request additional information and content from you during the course of the project. Written content must be provided to us in an editable format (i.e. either Word or Excel). Please ensure that you have checked all your content prior to handing it to us. Unless our quotation includes copy writing services we will not be liable for any grammar spelling or other content errors. Imagery content must be provided to us via Drop box, mail or flash drive, and must be labeled and categorized correctly. Any images provided to us must be of good quality and size and suitable for the use it is intended. Unless our quotation includes imagery processing services, we will not be liable for any image quality issues. If any information or content is not provided to us within 5 working days of request, the quotation will be increased with 5% for each week that the requested information or content remains outstanding. You must ensure that all content provided to us: – does not infringe any law; – does not infringe any third party’s right, including any intellectual property rights; – does not incite racial hatred or acts of terrorism; – is not obscene, indecent, pornographic, offensive, defamatory or threatening. We retain the right to not include in our work any content which we deem to not comply with the guidelines set out above. In addition, should we use any of your content in our work, and later discover that it does not comply with the guidelines set out above, we will be entitled to remove it from our work. To the fullest extent permissible in law, you hereby indemnify us against any claims losses, damages, liability and/or costs of any kind arising out of or in connection with you providing us with content which does notcomply with the guidelines set out above. All intellectual property rights in and to any content provided by you, will remain with you, but you hereby grant us permission to use the content in respect of the project.
Reverts Each project is allocated 2 reverts. This means that you will be entitled to request that 2 sets of reasonable changes be made at no additional cost, before the project is finalized. All requests for changes must be in writing and fall within the scope of the original quotation. Any additional changes requested, over and above the 2 allocated reverts, will be charged for at our standard hourly rate. Should no additional requests for changes be made, we will consider the project complete once the 2 reverts have been utilized. Should you not make use of the 2 reverts within 5 working days of a request by us to do so, we will consider the project complete. Any changes or updates requested after the project has been completed, will be charged for at our standard hourly rate.
Project Changes We will not be responsible for any unauthorized changes made by you or any third parties to our work, either during the project or after the project has been completed. To the fullest extent permissible in law, we will not beliable for, and you hereby indemnify us against, any claims losses, damages, liability and/or costs of any kind arising out of, or in connection with, any such changes.
Meetings Should you be unable to attend a meeting which has been scheduled with us, you must give us at least 24 hour notice.
Websites Please ignore these provisions if your project is not a website project. You must provide us with all necessary access to computer systems and other locations, as required by us, in order to complete the website project, including the necessary read/write permissions, usernames and passwords. If you are setting up an ecommerce website, we offer a basic administrative support service to help facilitate the ecommerce/merchant application. We can’t guarantee the time frame within which the application will be processed or whether it will be granted at all. You will be responsible to pay the cost of the application, over and above our charges. We offer limited hosting services through an out-sourced virtualserver. While we run regular back-ups of websites that we host and will endeavor to provide a continuous service, we are unable to control theout-sourced virtual server, and as such, we are not able to guarantee continuous service and can’t accept liability for loss of service or business whatever the cause. Our websites are developed to certain softwarestandards, determined byour development environment on the dayof release. These standards arein place to ensure stability of the hosting platform. The following server software specifications are recommended: Linux Server OS – running a version of Apache that supports PHP v5.6 andMySQL 5.5 or newer.
Website Domains If you require us to register a website domain on your behalf, this will bedone under our company name and profile for administrativepurposes. The domain belongs to you and can be transferred to you ifrequired, provided that you do not owe us any money. Please note that we can’t guarantee the availability of a domain name.
Intellectual Property Unless otherwise agreed by us in writing:
- all intellectual property rights in and to any work produced by us, will remain with us, and we hereby grant you a non-exclusive license to use such intellectual property rights solely in respect of the project and not for any other purpose;
- our work may not be modified, replicated, mimicked, re-used or re-distrusted in any wayor form without our prior written consent.
- This includes all open/source files for active and completed projects.
- place a credit on all work produced by us, which credits the development of the work to us;
- advertise projects completed for you.
No Warranties To the fullest extent permissible in law, we do not provide any warranties ofany kind, express or implied, in respect of any products or servicesprovided by us.
General Limitation of Liability While we endeavor to produce the best quality work, to the fullest extentpermissible in law, we will not be liable for any claims, losses, liability and/or posts of any kind arising out of, or inconnection with,any workprovided by us, unless caused by our gross negligence or willful act or comission. Without detracting from the generality of the limitation of liability set outabove, it is specifically stated that we will not be liable for any claims,losses, damages, liability and/or costs of any kindarising out of or inconnection with:
- any post made by us on your behalf on any social media platform;
- changes in technology, third party threats or any other advancements or software deprecation that may materialise post project completion;
- software corruption based on security breaches, software incompatibilitiesdue to lack of maintenance or unforeseen changes in third party software, unless a prior written agreement was reached with us to provide maintenance services to you.
General Indemnity To the fullest extent permissible in law, you hereby indemnify us againstany claims losses, damages, liability and/or costs of any kind arising outof or in connection with, any products or services provided by us. Without detracting from the generality of the limitation of liability set out above, it is specifically stated that indemnify us against any claims, losses damages, liability and/or costs of any kind arising out of or in connection with, any post made by us on your behalf on any social media platform.
Circumstances Outside Our Control We will not be liable for any breach of these terms and conditions, a delay in performing, or failure to perform if such breach delay or failure results from events, circumstances or causes which fall outside our reasonable control.
Breach Should you breach any of these terms and conditions, and we are forced to employ the services of an attorney, advocate or tracing agent to take legal action against you, then you will be liable for all our costs incurred in this regard.
Termination You may request us to cease all work on the project by giving us 2 days written notice, which will be effective from the date that we received your written notice. Should you terminate our services before completion of the project, you will be sent an invoice for all the work performed up and to the date on which we received the termination notice. In addition to any other rights which we may have under law or these terms and conditions, we may terminate the project by giving you written notice, if you have breached these terms and conditions and remain in breach for a period of 3 working days after we have notified you of the breach. Should we terminate the project, you will be sent an invoice for all the work performed up and to the date on which we terminated the project.
Whole Agreement This is the whole agreement between you and us and no amendment, deletion or addition will be valid unless it is in writing and agreed to by both of us. These terms and conditions replace any other discussions, agreements and/or understandings between you and us regarding the subject matter of these terms and conditions.