Terms & Conditions
1. Acceptance
Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions. Email confirmations are also an acceptable form of communication.
2. Charges
Charges for services to be provided by Warp Development (Pty) Ltd are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 14 days. Warp Development (Pty) Ltd reserves the right to alter or decline to provide a quotation after expiry of the fourteen (14) days.
All quotes are handled on an ad-hoc basis unless otherwise specified.
Payment for services is due by bank transfer. Bank details will be made available on invoices.
Projects are invoiced as follows in South Africa:-
- R1 – R15 000 are invoiced at one hundred (100) percent in advance and payable in advance.
- R15 000 – R50 000 are invoiced at fifty (50) percent in advance and outstanding fifty (50) percent due upon completion of the work, prior to uploading to the server or release of materials to the live environment.
- R50 000 > projects require an advance payment of a minimum of fifty (50) percent of the project quotation total. A second charge of thirty (30) percent is required after the development stage, with the remaining twenty (20) percent of the project quotation total due upon completion of the work, prior to uploading to the server or release of materials to the live environment.
3. Client Review
4. Turnaround Time and Content Control
In return, the Client agrees to delegate a single individual as a primary contact to aid Warp Development (Pty) Ltd with progressing the commission in a satisfactory and expedient manner.
During the project, Warp Development (Pty) Ltd will require the Client to provide website content; text, images, video files, and data.
5. Failure to provide required website content, data, brief or functional specifications:
If you further fail to communicate with us and provide us with all relevant information prior to project commencement, we reserve the right to close the project and the balance remaining becomes payable immediately.
The project may not be delayed or slowed down to avoid non-payment. If no communication is received, no feedback provided, and the project is unable to continue after a period of 6 weeks, the deposit payment will be forfeited. The project will be re-quoted in order to continue.
6. Payment
Invoices will be provided by Warp Development (Pty) Ltd upon onboarding, testing, and completion but before publishing the live website. Invoices are normally sent via email. Invoices are due upon receipt unless otherwise specified.
There are 2 types of ongoing costs: domain registration and hosting. Some contracts are billed monthly and others annually.
a. Domain name registration: This cost recurs annually.
Domain name registration gives you exclusive rights to a certain name, such as www.mygroup.org, so that you can use it for your web-based purposes. You are NOT required to register a domain through us, but we strongly PREFER that you do. Domain name registration fees are not refundable.
b. Hosting: This cost recurs monthly. Hosting places the domain name on a particular server connected to the web, which allows you to post a website for viewing through a browser. You are NOT required to host through us, except for Storefront and Order Easy platforms, but we strongly PREFER that you do. Hosting comes with domain-based emails, bandwidth, storage space, database and security tools, and other features. Projects that involve custom programming must be hosted with Warp Development (Pty) Ltd to ensure the programs that we write will work. If you want to host your site on another server this must be disclosed before we begin programming.
c. Hosting Renewal Payment Obligations: Your hosting account will be automatically renewed under the same time and fee structure unless you give written notice to Warp Development fifteen (15) days before the renewal date that you do not wish to renew the account.
d. Hosting Cancellation Payment Obligations: You may cancel at any time. All cancellations must be received in writing with thirty (30) days calendar month notice & according to the deadlines indicated: regular e-mail is acceptable. Phone requests will not constitute acceptance of any cancellation.
e. Sites NOT Hosted by Warp Development: Should the client decide to host their site on another server, Warp Development cannot guarantee that all elements of the site will work. Warp Development will make a reasonable effort to research the problem on the foreign platform to let the client know what we think the problem is. However, we cannot take responsibility for problems caused by or on another hosting server, including but not limited to email, FTP, SSL, database, server software, and site security issues. If Warp Development believes it will take a significant amount of time to fix the problem, we will advise the client before proceeding. In most cases, fixing problems on a foreign hosting server is billable.
f. Malicious Use: Warp Development’s policy forbids the forwarding of traffic to URLs containing any form of malicious advertising, illegal content, fraud, or socially unacceptable content. This includes, but is not limited to,
- URLs containing forced downloads, phishing, pharming, malware, ransomware, scare tactics, racism, violence, illegal drugs, defamation, etc., and
- URLs containing content that infringes on any intellectual property rights such as patents, copyrights, trademarks, or trade secrets of any third party entity.
- Users violating this Malicious Use Policy will have their accounts suspended indefinitely and risk the loss of their deposit.
7. Additional Expenses
Any out of scope work is subject to additional charges, for which a quote will be provided to the client prior to commencing the additional development requests and as per our rate card.
8. Web Browsers
Warp Development (Pty) Ltd cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Warp Development (Pty) Ltd reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.
9. Termination
10. Indemnity
11. Copyright
12. Standard Media Delivery
13. Design and Design Credit
A link to Warp Development will appear in small type at the bottom of the Client’s website. The Client also agrees that the website developed for the Client may be presented in Warp Development’s portfolio unless otherwise specified.
14. Access Requirements
15. Post-Placement Alterations
16. Domain Names
17. General
18. Governing Law
19. Liability
Warp Development (Pty) Ltd hereby excludes itself, its Employees and or Agents from all and any liability from:
- Loss or damage caused by any inaccuracy;
- Loss or damage caused by omission;
- Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the website;
- Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of Warp Development (Pty) Ltd to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.