Terms and Conditions
The following Terms & Conditions are a legal and binding document, applicable to all products and/or services undertaken by Digital Puppy, for and on behalf of any Client(s) who have duly signed quotation(s) for any such products and/or services, and therefore authorised Digital Puppy to render the aforementioned products and deliver said services.
Terms and Conditions:
1. Project Specifications
1.1 The Client must supply the Project Specifications to Digital Puppy in order for Digital Puppy to issue an accurate and binding quotation.
1.2 If the Client requires further assistance with creating Project Specifications, Digital Puppy are willing to assist the Client. This time may be billed to the Client at the discretion of Digital Puppy.
1.3 Any Additional Work (Terms and Conditions 19.) must be supplied as additional Project Specifications.
2. Quotation
2.1 Quotations are valid for 10 (ten) calendar days from the documented date on the Quotation.
2.2 Quotations do not include domain name registration or hosting fees unless otherwise specified.
3. Acknowledgement
3.1 Upon a Client accepting the Digital Puppy Quotation, the Client acknowledges that they have read and accepted these Terms and Conditions.
4. Agreement
4.1 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 deposit to Digital Puppy stipulated bank and account details as provided.
4.2 Products and/or services as described in the Quotation will only commence, once the Client’s deposit has been confirmed as received by Digital Puppy, which will be reciprocated with a Statement allocating Payment to said Invoice, to the Client, when said funds are confirmed by Digital Puppy.
4.3 Digital Puppy 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).
4.4 In order to deliver these products and/or services within the projected time-frames, the Client’s co-operation is paramount.
4.5 Digital Puppy can not be held responsible for delays outside of their control, including but not limited to equipment failure, Third Party Hosting Services, and internet connections.
4.6 Digital Puppy’s endeavour to make websites that perform well in current major browsers, but can not guarantee backward compatibility (i.e. functionality on older devices and software).
5. Deposit
5.1 Deposit(s) are non-refundable and non-negotiable.
5.2 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 (refer to Terms & Conditions 24.).
5.3 Any amount paid by the Client, greater than the 50% required Deposit, does not construe or imply any additional right(s) other than what is stipulated in these Terms and Conditions.
6. Required Documentation
6.1 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.
6.2 The Client is to provide all Required Documentation electronically to Digital Puppy, within 10 (ten) calendar days after the Invoice date confirming the received deposit, to initiate work on aforementioned quoted products and/or services, unless they are to be created as part of the project.
6.3 The Client’s quoted and accepted products and/or services will only be queued and allocated accordingly, after compliance with Terms & Conditions 6.2.
6.4 If the Client does not supply Digital Puppy 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 Digital Puppy.
6.5 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.
7. Copyrights.
7.1 The Client has to ensure they have the Copyright for all material supplied.
7.2 Digital Puppy, 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.
7.3 If and when Digital Puppy 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.
7.4 Digital Puppy does not take any responsibility for any and all content supplied from the Client without proper Copyright whatsoever.
8. Written Content and Fonts.
8.1 Unless otherwise specified in the Quotation, the Client shall supply all content wording to be published in accordance with the specified products and/or services.
8.2 Written Content must be supplied by the Client in formatted text (as the Client specifies it to appear), unless otherwise agreed to by Digital Puppy to design the layout thereof.
8.3 All fonts for Written Content shall be indicated by the Client in the Project Specifications.
9. Graphic Images.
9.1 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.
9.2 Graphic Images (including but not limited to artwork and logos) supplied by the Client, must be of high digital quality and applicable format.
10. Photographs.
10.1 Photographs supplied by the Client must be of high digital quality and applicable format.
11. Specified Colours.
11.1 Colours specified by the Client must be supplied as HEX values.
12. Hosting via a Third Party Service Provider.
12.1. The Client has to provide Digital Puppy with their Cpanel, FTP and database details to upload onto Digital Puppys’ software.
12.2. If the Client uses a Third Party Service Provider on Digital Puppys’ recommendation, the Client will enter into an agreement directly with that Third Party Service Provider.
12.3. Digital Puppy 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 Digital Puppy.
12.4. All technical aspects of websites must be referred to the Client’s Third Party Hosting Service Provider.
12.5. Digital Puppy 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 Digital Puppy.
13. Search Engine Optimization (SEO).
13.1. Digital Puppy 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. Digital Puppy can assist with the Client’s SEO if and when required and will issue the Client a Quotation accordingly.
14. E-Commerce
14.1. E-commerce and online shopping website – please refer to our “Online Shop Requirements” (http://digitalpuppy.co.za/online-shop-requirements/).
14.2. Digital Puppy will only load 10 products on the website on the Client’s behalf. However, the Client will be able to load unlimited products.
14.3. Should the Client require Digital Puppy to load more than the aforementioned 10 loaded products, Digital Puppy will issue the Client a Quotation accordingly.
15. Review and Changes.
15.1. On design completion of the Client’s website, the website will be activated for 2 (two) working days, in order for the Client to preview and respond with amendments and/or improvements, within these 2 (two) working days, in writing by e-mail or fax.
15.2. Hereafter the Client’s website will be reverted to “Under Construction” status until these amendments and/or improvements, or other adjustments have been made.
16. Balance of Payment.
16.1. The Client is required to e-mail the Proof of Payment to Digital Puppy, which will be reciprocated with a Statement, allocating payment to said Invoice, to the Client, when said funds are confirmed by Digital Puppy.
16.2. All work remains the property of Digital Puppy until the full and final payment is received.
17. Completion Date.
17.1. Activation of the Client’s website is conditional to the Terms & Conditions 16. above.
17.2. 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.
17.3. The Client will be notified when the website is activated, and then the Client will have 2 (two) working days to report any faults or request minor alterations (within the initial Agreement), in writing by e-mail.
17.4. Should Digital Puppy not receive a reply within 2 (two) working days via fax or e-mail, the Client’s website is considered finalised and complete. Therefore, Digital Puppy take no responsibility for website content errors hereafter.
17.5. Please note that any further adjustments or amendments after this date will be at an additional cost as set out in Terms and Conditions 18.
18. Additional Work
18.1 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 monthly in accordance to these Terms and Conditions, quoted and agreed to.
18.2. All payment(s) and time-frame(s) as set out in these Terms and Condition shall apply.
18.3. Scope creep (http://digitalpuppy.co.za/scope-creep/) will not be tolerated, and setting clear goals, objectives and specifications in the initial negotiations and Project Specifications with Digital Puppy remain the responsibility of the Client.
18.4. Digital Puppy 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 Digital Puppy will issue the Client a Quotation accordingly.
19. Service Agreement.
19.1. The Client may request Digital Puppy access to their website’s Content Management System (CMS). Upon doing so, the Client indemnifies Digital Puppy 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.
19.2. A restoration fee in accordance to these Terms and Conditions, quoted and agreed to, will be billed when having to restore a website.
19.3. Digital Puppy 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(s), within 2 (two) working days.
19.4. Digital Puppy are not liable to Client(s) or responsible for said products and/or services of Client(s) whose accounts are not paid up to date.
19.5. Trial / Websites under assessment will be disigned and set into an assessment / trial period of no more than 1 years, should this timeframe elapse without any requests for changes by the client to any design or typography the design will be deemed complete and invoiced accordingly.
20. Invoices and Statements.
20.1. Digital Puppy are not a credit service provider and does not grant any credit facilities whatsoever.
20.2. Client Statements and accounts does not imply negotiable payment terms, and are issued in accordance with the nature of Digital Puppy being a month-to-month service provider.
20.3. Digital Puppy endeavour to issue and e-mail Client Statements, 7 (seven) calendar days prior to the last calendar day of each month, unless the date falls on a public holiday or weekend.
20.4. 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 Digital Puppy having confirmed receipt of said funds.
20.5. Invoices, corresponding payments received, and due balances will reflect on the Client’s Statement.
20.6. Due to the nature of the business, additional Client Statements will be issued and e-mailed for all overdue balances and additional fees Invoiced, between the 1st (first) and 7th (seventh) calendar day of each month consecutively and cumulative, unless the date falls on a public holiday or weekend.
21. Consultations.
21.1. Telephonic, Skype or e-mail queries will be responded to free of charge for confirmed Clients according to Terms & Conditions 4.1.
21.2. Meetings and consultations will be charged at the discretion of Digital Puppy, in accordance to these Terms and Conditions, quoted and agreed to.
22. Legal Costs.
22.1. Failure to comply with these Terms and Conditions regarding payments and fees will result in legal action from Digital Puppys’ legal representative(s), and the full outstanding balance becomes payable.
22.2. All legal cost resulting of non-payment will be accrued to the Client’s outstanding balance.
23. Cancellations.
23.1. 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 7 (seven) calendar days of Invoice date.
23.2. Digital Puppy will only refund Client’s amounts paid, greater than the 50% deposit for products and/or services not delivered in accordance to the initial Agreement(s), or balance thereof in accordance to Terms & Conditions 23.1.
23.3. Hosting and Domain Fees are non-refundable, as these are paid in advance.
23.4. Digital Puppy reserves the right at its discretion to cancel this Agreement should the Client breach any of the Terms and Conditions stated herein.
24. Security.
24.1. Digital Puppy 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.
24.2. Digital Puppys’ 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.
25. General.
25.1. Digital Puppy 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.
25.2. These Terms and Conditions (http://digitalpuppy.co.za/terms-and-conditions/) are legally binding in accordance with the publishing date hereof, as incorporated on Digital Puppy own website , and date of signing a product and/or service delivery Agreement(s) with Digital Puppy.
Logo Design
Concepts: Within 7 business days of receiving your company information and deposit, Digital Puppy will create up to three different logo concepts for your business. Logo designs will be submitted for your review via E-mail unless otherwise negotiated. Upon receipt of your feedback on these designs, Digital Puppy will make any needed changes to your favorite of the three logo designs until you are completely satisfied. Up to three rounds of revision are included in quoted price. Further revisions will incur additional costs at Digital Puppy’s current hourly rate.
File Delivery: After the final logo design is approved, the logo design to you as a digital files (.jpg, .pdf, and .eps graphics file formats).
Ownership: You, the client, have ownership of the final logo design for use in any media application that is beneficial to your business. Digital Puppy retains the right to use the final logo, or any versions of the logo created in the process, within printed and on-line portfolios, including promotional materials such as newsletters and advertisements. The client also gives Digital Puppy permission to use client’s full name, business address, and/or website address, for testimonial purposes on her website, or other business related media. The client understands that it is the client’s responsibility to copyright the logo design (https://www.gov.za/services/intellectual-property/register-copyright) and/or seek trademark (https://www.gov.za/services/intellectual-property/register-trademark).
Payment: In return for logo design, the client agrees to pay the total fee payable in one payment. A 50% deposit is required before any work begins and the remaining payment when final logo design is approved but before it is delivered. The client understands that the final logo design belongs to Digital Puppy until paid in full. In the event of termination of this Agreement, Digital Puppy owns the logo and has the right to complete, exhibit, and/or sell the logo design (not including business name). Furthermore, Digital Puppy owns all the logo design concepts created before the final logo design. The client understands that once the final invoice is paid in full, the client has the right to use the logo design in all media useful for business promotion and that Digital Puppy reserves the right to display the logo for business promotional use.
Originality: Digital Puppy affirms that our logo designs are original and therefore owns the rights granted under this agreement, and that the rights granted do not conflict any other agreement.
Delays: Illness, injury, or other events beyond Digital Puppy’s control, such as: fire, theft, computer failure, and Acts of God may result in a delay of unpredictable length.
Termination: The client has the right to terminate this Agreement if, Digital Puppy fails to complete the Logo within 60 days of deposit submission. If agreement is terminated for any reason other than failure to deliver within 60 days, Digital Puppy shall retain the deposit.
Performance Liability: Digital Puppy does not warrant that the functions supplied by logo design(s), consultation or advice, will be uninterrupted or error-free. The entire risk as to the quality and performance of the logo is with client. In no event will Digital Puppy be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the reproduction of, or appearance of the logo, even if Digital Puppy has been advised of the possibility of such damages.
NOTE: Before you confirm your agreement to these terms, please make sure you understand all of the above agreement. Should you have any questions or concerns regarding these terms, please contact us before advising us of acceptance.
Print Design
Print design includes but is not limited to flyers, brochures, posters, advertisements, newsletters, postcards and other marketing collateral for profit or non-profit purposes.
Concepts: Within 7 business days of receiving your company information and deposit, Digital Puppy will create a design concept for your project. Designs will be submitted for your review via E-mail unless otherwise negotiated. A personalized proposal will be submitted to the client that includes details on how many revisions will be included for the estimated cost. Total project fees may be negotiated in lieu of an hourly rate. Further revisions will incur additional costs at Digital Puppy’s current hourly rate.
Ownership: You, the client, have ownership of the final design in PDF format for use in any media application that is beneficial to your business. You will be supplied with final print ready PDF for use at your own disposal. This PDF file is final and belongs to you as the customer, and will be considered final and supplied. This final design will be emailed to you unless otherwise stipulated. Once you have received this final print ready PDF file and have made your final payment, the job will be considered complete and paid and closed, no further images / documents will be supplied to you as the customer for this job at a later date for any reason whatsoever. Should you as the customer require us to supply you old artwork at any later date, a new job will be applied and be charged for as per our hourly rates unless otherwise stated by Digital Puppy. Furthermore Digital Puppy owns at 100% all design and concepts created during the design process and it does not belong to you as a customer. Digital Puppy retains the right to use the final design, or any versions of the design created in the process, within printed and on-line portfolios, including promotional materials such as newsletters and advertisements. The client also gives Digital Puppy permission to use client’s full name, business address, and/or website address, for testimonial purposes on her website, or other business related media. The client understands that it is the client’s responsibility to copyright the design (https://www.gov.za/services/intellectual-property/register-copyright) and/or seek trademark (https://www.gov.za/services/intellectual-property/register-trademark).
Payment: In return for graphic design services, the client agrees to pay the total fee payable in one payment. A 50% deposit is required before any work begins and the remaining payment when final design is approved but before it is delivered. The client understands that the final design belongs to Digital Puppy until paid in full. In the event of termination of this Agreement, Digital Puppy owns the design and has the right to complete, exhibit, and/or sell the logo design (not including business name). Furthermore, Digital Puppy owns all the design concepts created before the final design. The client understands that once the final invoice is paid in full, the client has the right to use the logo design in all media useful for business promotion and that Digital Puppy reserves the right to display the logo for business promotional use.
Originality: Digital Puppy affirms that all designs are original and therefore owns the rights granted under this agreement, and that the rights granted do not conflict any other agreement.
Stock Photography: Digital Puppy agrees to provide up to 5 stock photos during the web design process. Any photos acquired by Digital Puppy for inclusion in the client’s website remain the property of Digital Puppy and may be used in multiple, separate projects. Should the client require full ownership of the provided photography, these terms must be disclosed in writing.
Delays: Illness, injury, or other events beyond Digital Puppy’s control, such as: fire, theft, computer failure, and Acts of God may result in a delay of unpredictable length.
Termination: The client has the right to terminate this Agreement if, Digital Puppy fails to complete the design by any deadline that has been submitted and agreed upon in writing. If agreement is terminated for any reason other than failure to deliver within agreed-upon timeframe, Digital Puppy shall retain the deposit and any designs created before termination, the customer will have no rights to any design work at this point.
Digital Puppy reserves the right to terminate the contract at any moment, without any notice.
Performance Liability: Digital Puppy does not warrant that the functions supplied by design(s), consultation or advice, will be uninterrupted or error-free. The entire risk as to the quality and performance of the logo is with client. In no event will Digital Puppy be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the printing, reproduction of, or appearance of the design, even if Digital Puppy has been advised of the possibility of such damages.
NOTE: Before you confirm your agreement to these terms, please make sure you understand all of the above agreement. Should you have any questions or concerns regarding these terms, please contact us before advising us of acceptance.
