Website Hosting/Design Terms and Conditions
1. STANDARD TERMS AND CONDITIONS
These are the standard terms and conditions for Website Design and Development and apply to all contracts and
all work undertaken by PC by Design for its clients.
All references to “the Company“, “we“, “us” and “our” in these terms and conditions are deemed to refer to PC by
Design, a company in the Republic of South Africa, Western Cape, Vredenburg, 7380.
All references to “you” and “your” are deemed to refer to any user and/or visitor of www.pcbydesign.co.za.
We the company reserve the right to change or amend these terms and conditions without prior notice.
2. OUR FEES AND DEPOSITS
We require full payment of quote before any work is started or domains registered.
3. SUPPLY OF MATERIALS
You must supply all materials and information required by us to complete the work in accordance with any agreed
specification. Such materials may include, but are not limited to, photographs, written copy, logos and other
printed material. Where there is any delay in supplying these materials to us which leads to a delay in the
completion of work, we have the right to extend any previously agreed deadlines by a reasonable amount.
Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for
any part or parts of the work already completed. In the event of conditions beyond our or your control including but not limited to load shedding, fire, theft and or natural disasters preventing supply of material a new but reasonable deadline will apply.
We are pleased to offer you the opportunity to make revisions to the design. However, we have the right to limit
the number of design proposals to a reasonable amount and may charge for additional designs if you make a
change to the original design specification.
Our website development phase is flexible and allows certain variations to the original specification. However any
major deviation from the specification will be charged at the rate of R150.00 per hour.
5. PROJECT DELAYS AND CLIENT LIABILITY
Any time frames or estimates that we give are contingent upon your full co-operation and complete and final
content in photography for the work pages. During development there is a certain amount of feedback required in
order to progress to subsequent phases. It is required that a single point of contact be appointed from your side
and be made available on a daily basis in order to expedite the feedback process. In the event of conditions
beyond our or your control including but not limited to load shedding, fire, theft and or natural disasters
preventing supply of material a new but reasonable deadline will apply.
6. APPROVAL OF WORK
On completion of the work you will be notified and have the opportunity to review it. You must notify us via email
or written correspondence of any unsatisfactory points within 5 days of such notification. Any of the work which
has not been reported in writing to us as unsatisfactory within the 5-day review period will be deemed to have
been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will
be deemed to have been completed and the 50% balance of the project price will become payable immediately.
We do make use of a live testing domain, where you the client can view and interact with your site.
7. REJECTED WORK
If you reject any of our work within the 5-day review period, or not approve subsequent work performed by us to
remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been
unreasonable in any rejection of the work, we can elect to treat this contract as at an end, the 50% deposit will be
Upon completion of the 5-day review period, we will invoice you for the 50% balance of the project which is
9. WARRANTY BY YOU AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images,
registered company logos, names and trademarks, or any other material that you supply to us to include in your
website or web applications.
You must indemnify us and hold us harmless from any claims or legal actions related to the content of your
10. SEARCH ENGINES
We do not guarantee any specific position in search engine results for your website. We perform search engine
optimisation according to current best practice.
11. CONSEQUENTIAL LOSS
We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in
performance or completion of our contract, however that delay arises.
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or
representations whether express, implied, statutory or otherwise (other than the express provisions of these terms
and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to
the extent permitted by law, any liability of PC by Design under any term, condition, warranty or representation
that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or
re-supply of the services or the payment of the cost of the services that we were contracted to perform.
We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential
information to any third party.
15. ADDITIONAL EXPENSES
You agree to reimburse us for any requested expenses which do not form part of our proposal including but not
limited to the purchase of templates, third party software, stock photographs, fonts, and domain name
registration, web hosting or comparable expenses. Any of these mentioned expenses will be communicated to you
via email or written correspondence and we will only proceed if and when you have approved such work via email
or written correspondence.
You are responsible for maintaining your own backups with respect to your website and we will not be liable for
restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or
omission by us.
In the event of signing a 12 month website maintenance contract we will oversee backups of your site.
17. CROSS BROWSER COMPATIBILITY
We endeavor to ensure that the web sites we create are compatible with all current modern web browsers such as
the most recent versions of Internet Explorer, Firefox, Google Chrome and Safari. Third party extensions, where
used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative
extensions or implement other solutions, on a best effort basis, where any incompatibilities are found.
You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted
by law will hold harmless, protect, and defend and indemnify PC by Design and its subcontractors from any claim,
penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.
A SSL Certificate and Static IP are necessary to run full e-commerce sites to process payments and to protect
customer information. Both of these required components as mentioned above are quoted separately.
19. DOMAIN SUSPENSION
In the event of late payments on hosting services, no later than the 1st of every month, the domain in question
will be taken offline until payment is received. Customer agrees to indemnify and hold harmless PC by Design of
any and all business loss during the time of domain suspension. A R200.00 reconnection fee will be charged to reactivate
domain services, this over and above the amount due for hosting services.
Customer agrees to indemnify and hold harmless PC by Design of any and all claims, demands, losses,
causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of or relating
to the services provided by PC by Design.