TERMS & CONDITIONS

Below are the terms and conditions for any projects created under the Online By Digital name.

The Website and the Content may only be used for your personal, non-commercial use.

Except as set out above, you agree not to download, copy, reproduce, modify, store, archive, show in public, redistribute or commercially exploit in any way any part of the Content without the prior written permission of ONLINE BY DIGITAL. You agree not to use the Content or the Website for any illegal or improper purpose, nor for any purpose which might infringe the rights of others, or which might harass or cause inconvenience of distress to any person.

You also agree to abide by all copyright notices and restrictions attached to the Content and not to remove any such notice or restriction, or alter the Content in any way or use on your own website.

Legal representation:
South Africa: lizprok@lantic.net

Content theft refers to the unauthorised use or reproduction of someone else’s original content, such as text, images, videos, or other media. This can include copying and pasting content from a website or social media account, downloading and distributing someone else’s work without permission, or even creating a slightly modified version of the content and passing it off as original.

Content theft is a serious violation of intellectual property rights and can result in legal consequences for the infringer. Additionally, it can harm the reputation and credibility of the original content creator and damage their ability to generate income from their work.

To prevent content theft, it is important for content creators to take steps to protect their work, such as using copyright notices, registering their content with the appropriate authorities, and using digital tools to monitor for instances of infringement. Additionally, individuals should respect the intellectual property rights of others and avoid using or reproducing content without proper permission or attribution.

Procedures

1.  Quotation that they have read and accepted our Terms and Conditions and Emailed to support@onlinebydigital.com. Quotes are valid for 7 days from the date on the quote.
2. Quotes do not include domain name registration or hosting unless it is specified in the quotation.
3. Client to pay their 50% deposit as acknowledgment and acceptance of our terms and conditions and that Online By Digital can proceed with their website.
4. In the event that any proposed change of scope is as a result of circumstances beyond the Client’s control and the cost implication of the change of initial scope is, in the opinion of the Client, material, the Client may forthwith terminate or restrict Online By Digital’s services in which event the Client will be liable for all work done at the proposed rates  (R420 p/h) contracted for the project.
5. Deposit(s) are non-refundable and non-negotiable.
6. Your project will only commence once the clients’ deposit has been paid and received by Online By Digital.
7. Please note that your website content must be furnished within 7 working days after your deposit payment has been received.
8. Hosting (Not hosted with us). Client to provide Online By Digital with your Cpanel, FTP and database details.
9. If you use a service provider on our recommendation, you will enter into an agreement directly with them. Online By Digital will not take any responsibility for your hosting services, as we do not have control over your status of hosting, domain renewals or email when not hosted with us. All technical aspects of websites must be referred to your service provider. We will, however, request feedback from your provider via email if you need assistance. This time may be billed.
10. Hosting (Hosted with us). Monthly Hosting & Yearly Domain Fees must be paid on or before the last day of each month. Payments not received by the 1st of each month will systematically be suspended. A reactivation fee of R450 will be charged.
11. Online By Digital reserves the right to suspend client services due to non-payment and interest of 10% per month will automatically be charged on all arrears for all services rendered (hosting, graphic design, web design, seo, digital marketing campaigns).
12. Hosting cancellations can only be done in writing and emailed through to support@onlinebydigital.com on the date of cancellation.
13. All outstanding payments must be paid up to date before your Hosting will be terminated with Online By Digital. Please note that hosting cancellations must be emailed to support@onlinebydigital.com before the 1st of the new month as it carries a 30-day notice period.
14. Graphic Design. Images and logos supplied must be of high quality. Specific required colours must be supplied as Pantone and CMYK values. Online By Digital does not handle any printing, we will have no further involvement and client will enter into an agreement directly with the printer of their choice. Therefore, we take no responsibility for print errors. Screen colours and digital proofs can vary from litho printing. To ensure colour and print quality it is the client’s responsibility to request a colour proof from the printers.
15. Client to send all the necessary web content that you would like us to publish onto your website. Content must be supplied electronically, within 7 Days of start of project. Information (word/txt), as well as logos and artwork (or photographs) to be used/adjusted (vector/freehand/high quality) must be supplied – unless they are to be created as part of the project. Please ensure you have the copyright for all material supplied. Under no circumstances will Online By Digital, our designers or any associates will not be held responsible for any copyright disputes. If it becomes clear that material was provided without the required copyright, changes to a project (to remove illegal content) will be at the client’s cost.
16. 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.
17. Online By Digital does not take any responsibility for content supplied without proper copyright whatsoever. E-commerce and online shopping website. Cost of R120 per product. We cannot be held responsible for delays outside of our control, e.g. equipment failure, weather and internet connections.
18. Client is to provide electronically all required documentation and web content to enable Online By Digital to initiate design on your website project.
19. Clients website will then be queued and allocated. Online By Digital and the client must work together to complete the web design project in a timely manner. Please note that your website content must be furnished within 7 working days after your deposit payment has been received. We agree to work expeditiously to complete the web design project after the client has submitted all necessary materials. If the client does not supply Online By Digital with complete text and graphic content for this web design projects within 15 days of this agreement, the entire amount of the agreement becomes due and payable. If the client still has not submitted or provided all the required content within 40 days after receipt of deposit (acknowledgment and acceptance of our terms and conditions), an additional continuation fee of 15% of the total agreement price will be assessed for each month until the web design project is completed and published.
20. SEO – We offer this as an additional service. We endeavour to make websites that perform well in current major browsers, but cannot guarantee backward compatibility.
21. We cannot guarantee search positions or rankings of websites, but include search engine optimisation (SEO) in the form of meta tags, structure and basic content recommendations. We can assist with your SEO if and when required.
22. The Date of Completion of a project is affected by feedback and receiving of content and timelines will be adjusted accordingly. On design completion of your website it will be taken live for 24 hours so that you may preview and respond with amendments / improvements. Thereafter the website will be put back onto maintenance for final adjustments.
23. Online By Digital will only put your website live when full and final payment has been received and reflect in our bank account. Proof to be emailed. Work in progress will be billed monthly according to the amount of work that has been completed. This is payable within 7 days of statement date.

    WEBSITE:

    When preparing images for your website or gallery, it’s important to adhere to the following guidelines:

    1. High Quality: Ensure that the images are at least 300 dpi (dots per inch). This ensures the images are of high resolution and suitable for printing and detailed viewing on digital platforms.

    2. File Formats: Save your images in either PNG or JPG format. These formats are widely supported and provide a good balance between quality and file size.

    3. Direct Image Files: Only submit standalone image files. Images embedded in Word documents or other file types will not be accepted.

24. Once the outstanding payment has been received your website will be put live.
25. All work remains the property of Online By Digital until final payment is received.
26. Your web developer will then implement the final changes/amendments on initial content provided. Any additional amendments will be charged at R420 per hour. Additional pages will be charged at Static R1050 per page & Dynamic R1650. Project will then be signed off as completed.
27. Please note that any further adjustments or amendments after this date will be at an additional cost. Any additional work, author’s corrections or ad hoc changes and updates will be charged at an hourly rate of R420.00 (dependent on task, to be verified at start of task) or will be quoted separately.
28. 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 or at an hourly rate of R420 in accordance to these Terms and Conditions, quoted and agreed to.
29.  Scope creep (https://www.webdesignservices.co.za/dealing-scope-creep-web-design/) will not be tolerated, and setting clear goals, objectives and specifications in the initial negotiations and Project Specifications with Online By Digital remain the responsibility of the Client.

    Scope Creep is when we find we are committing our time and energy to a project, only to discover that our client’s responsibilities and expectations are growing far beyond the initial requirements.

    This can lead to additional stress, time, and addition costs.

    What is Scope Creep?

    Scope Creep is a term used when the magnitude of a project exceeds or creeps past the boundaries of its original goals and objectives.

    Characteristics of Scope Creep in Web Design and Programming

    Scope creep has many different appearances for our web developers. It is a result of our clients often wanting to add additional features to their original request as they have learned about them from colleagues or when they have visited other websites. Some of the common forms of scope creep include:

    • Fresh images on each site visit
    • Regular photos and icon changes
    • Unlimited images, galleries, and slideshows
    • Company Logo, Letterheads, Business Cards, and Flyers
    • Continuous changing Menu’s around or adding new menus with different layouts
    • Page counters
    • Web copy and content writing
    • Inadequate content website information, images, and icons
    • Creating additional pages
    • Ongoing page alterations
    • Changing of look and feel of the website once completed
    • Changing page layouts
    • Blogging services
    • Social media account set up and management
    • Social media icons and feeds
    • Periodic updates
    • SEO services
    • Training
    • Regular and time consuming meetings requested by the client
    • Programming additions
30. CMS Access. Online By Digital, our designers or associates will not be held responsible or liable for any changes made by the client or any other third party using the CMS backend system that includes any software updates, any other changes to the website or any loss of information. A restoration fee of R900 per hour will be administered when having to restore a website.
31. Security (Viruses & Hacking). Online By Digital will not be held liable for any viruses, hacking, security breaches or any malicious content pertaining to any third party applications or to the client’s website. Our hosting service provider can 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.
32. Statements. Will be sent 25th of every month.
    Cancellations. If project is cancelled at any time, all fees up to that point of work will be calculated and invoiced. This is payable within 7 days of invoice date. Online By Digital will not refund deposits for work already performed on client’s design project or hosting fees/domain fees as they have been paid in advance.
33. Legal Costs. Failure to comply with our terms and conditions regarding account payments and fees will result in legal action from our attorneys and the full outstanding balance becomes payable. All legal cost resulting of non-payment will be for the clients account.
34. Meetings. Telephonic, Skype or email queries will be R385 per meeting and consultations  for confirmed clients. Meetings and consultations (in person) will be charged at an hourly rate as well.

Hosting

Moving your hosting package and website to another hosting company:

1. Your hosting package will be deleted 30 days after you submit the termination in konsoleH. The specific date will be displayed on screen.
2. Ensure that you have a copy of your website content and email as it will be deleted from our servers 30 days after Hetzner has received your termination request.
3. Once your domain has been scheduled to transfer away from Hetzner, your new hosting provider will be responsible for submitting the transfer request. They will provide you with the relevant information you’ll need to process the transfer.
4. After submitting your termination via konsoleH, your new host may now submit the transfer request.
5. The Registrant will receive an email authorisation token (voting ticket) from ZA Central Registry that is valid for 5 days. The Registrant needs to accept this token.
6. Online by Digital assumes no responsibility for the errors, omissions, or other problems related to the Website Transfer Service.
7. Because the Website Transfer is a service and not a product, full refunds on hosting are not available / refundable.
8. Client understands and agrees that Online By Digital shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses when transferring your website to another hosting company.
9. Online By Digital expressly disclaims any and all warranties, express or implied, including without limitation warranties of merchantability and fitness for a particular purpose, with respect to the Service or any materials and products. In no event shall Online By Digital be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the Service/ Website Transfer to another hosting company / platform, the materials, emails and the products.

Hosting

1. Hosting (https://www.webdesignservices.co.za/) via Online By Digital allows for allocated disk space 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 7 (seven) calendar days after Invoice date thereof – Cost will be R5 for every 10mb over-usage. 
2. 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.
3. Hosting fees are payable from date of domain registration or transfer to Online By Digital.
4. Payments not received by the 1st of each month will automatically suspend the Client’s Hosting service, thus deactivating the Client’s website and linked e-mail accounts.
5. A reactivation fee, at the appropriate rate at that time, will be billed to the Client.
6. Hosting fees not received for 1 consecutive calendar months irrevocably terminates the linked website and associated e-mail accounts 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.
7. Online By Digital 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.
8. Hosting cancellations are only accepted in writing, e-mailed to support@onlinebydigital.com, on or before the 1st of the new month as it carries a calendar month notice period.
9. Monthly Hosting & Yearly Domain Fees must be paid on or before the 1st of each month. Payments not received by the 2th of each month will systematically be suspended and a reactivation fee of R450 will be charged. All outstanding payments must be paid and up to date before an account will be reactivated. All outstanding payments must be made before we do cancel domains.
10. All outstanding payments must be paid up to date before the Client’s Hosting services will be terminated with Online By Digital, thus enabling release to transfer to a Third Party Hosting Service Provider.

Alterations, Revisions and Supply of Content

• The client agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge at R395ph.
• Extra fees will be charged for any revisions, and/or time incurred, if changes are required to the artwork after final approval has been issued due to oversights by the clients proof reading.
• The client also agrees that Online By Digital holds no responsibility for any amendments made by any third party, before or after a design is published.
• Unless otherwise negotiated or Online By Digital’s copywriting services are used, the client must supply text for their project in text file format at the start of the project as well as graphics (logos, images, etc.) to be used. Text should be as close as reasonably possible to final format, with accuracy of content, spelling and grammar checked and little or no formatting (includes text from previous websites). Online By Digital assumes all written content adheres to copyright laws.
• Images are also expected to be supplied before work begins, unless by prior negotiation or if using Online By Digital’s photography or stock image services. Images should be supplied in the highest resolution electronic format possible, i.e. logos/images in original Illustrator / Photoshop format, or hi-res JPEG files (300 dpi). Online By Digital assumes that all correct permissions have been sought and/or royalties paid for images used.
• Unless otherwise quoted or negotiated, projects include two rounds of minor changes or author’s revisions of the chosen project only. Following two revisions per project, an additional hourly fee will be charged. We will advise you and seek your agreement before proceeding with any work that will incur additional charges.

Force Majeure

• Online By Digital shall not be liable for any failure or delay in supply or delivery of products/services where such failure or delay is wholly or partly due to any cause or circumstances whatsoever outside the reasonable control of Online By Digital including but not limited to war, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.

NON-DISCLOSURE AGREEMENT (NDA) FOR WEBSITE ACCESS IN SOUTH AFRICA

**This Non-Disclosure Agreement (“Agreement”) is entered into on this 20 September, 2015

1. Purpose of the Agreement: The Parties wish to engage in discussions and negotiations concerning the use and access to a website (the “Project”) owned or operated by the Disclosing Party. In connection with this Project, the Disclosing Party will provide access to certain confidential and proprietary information related to website templates, themes, plugins, and other materials (collectively, the “Confidential Information”).

2. Confidential Information: “Confidential Information” means all information, data, or materials, whether oral, written, electronic, or in any other form, related to website templates, themes, plugins, and other materials, whether marked as confidential or not, which includes but is not limited to:

a. Trade secrets, proprietary information, and business plans. b. Technical specifications, designs, algorithms, and source code. c. Financial information, customer lists, and pricing information. d. Any other information related to templates, themes, plugins, or materials which the Disclosing Party discloses as being confidential.

3. Non-Disclosure: The Recipient (or any involved parties) agree that they will not, at any time during or after the term of this Agreement, without the prior written consent of the Disclosing Party, disclose, use, copy, transmit, or discuss any Confidential Information, including but not limited to website templates, themes, plugins, and other materials, with any third party or use such information for any purpose other than the Project unless such information is or becomes publicly available through no fault of the Recipient.

4. Protection of Confidential Information: The Recipient agrees to exercise all reasonable precautions to protect the confidentiality of the Confidential Information, including website templates, themes, plugins, and related materials. The Recipient shall ensure that any individuals involved are bound by a written agreement no less protective of the Confidential Information than this Agreement.

5. Return of Confidential Information: Upon the written request of the Disclosing Party, or upon the termination of this Agreement, the Recipient shall promptly return or destroy all documents and materials that contain, reflect, incorporate, or are based on the Confidential Information, including website templates, themes, plugins, and related materials. The Recipient shall provide written certification of compliance with this provision to the Disclosing Party upon request.

6. Duration of the Agreement: This Agreement shall remain in effect until the Confidential Information, including website templates, themes, plugins, and related materials, is no longer confidential or until terminated in writing by the Disclosing Party.

7. No Grant of Rights: This Agreement does not grant the Recipient any license, interest, or rights in or to the Confidential Information, including website templates, themes, plugins, and related materials, except as expressly set forth in this Agreement.

8. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of South Africa, without regard to its conflict of laws principles.

9. Dispute Resolution: Any disputes arising from or in connection with this Agreement shall be resolved through binding arbitration, in accordance with the rules of the applicable arbitration organization, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

10. Entire Agreement: This Agreement contains the entire understanding between the Parties concerning the subject matter hereof and supersedes all prior and contemporaneous understandings and agreements, whether oral or written.

11. Limitation on Full Access: Upon signing this Agreement, the Disclosing Party acknowledges that full access to the website, including all templates, themes, plugins, and related materials, will be provided solely for the purpose of the Project as outlined in this Agreement. No further or ongoing full access will be granted to the Recipient after signing this NDA, except by written consent of the Disclosing Party for specific, mutually agreed-upon purposes.

12. Modification of Access: Any modifications to the level of access granted to the Recipient, including changes to the scope of access or additional permissions beyond the initial Project, shall be documented in writing and executed as an addendum to this Agreement. Any such modifications shall be considered an integral part of this Agreement and subject to the same confidentiality and non-disclosure obligations as outlined herein.

13. Termination of Full Access: Full access to the website and its associated materials, as described in this Agreement, may be terminated by the Disclosing Party at any time and for any reason, with prior written notice to the Recipient. Upon such termination, the Recipient shall promptly return or destroy all Confidential Information and related materials, as outlined in Section 5.

By signing this Agreement, the Parties acknowledge and accept these limitations on full access to the website and associated materials.