Accounts, which remain outstanding for 30 days after the date of invoice, will incur an extra charge of 2% per month of the outstanding amount.
Payments may be made by cash or eft transfer.
Publication and/or release of work done by Black Bamboo Design on behalf of the client, may not take place before cleared funds have been received.
Default
An account shall be considered default if it remains unpaid for 30 days from the date of invoice, Black Bamboo Design shall be considered entitled to remove Black Bamboo Design and/or the customer's material from any and all computer systems, until the amount due has been fully paid. This includes any and all unpaid monies due for services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, sub-contractors, printers, photographers and libraries.
Removal of such materials does not relieve the customer of its obligation to pay the due amount.
Customers whose accounts become default agree to pay Black Bamboo Design reasonable legal expenses and third party collection agency fees in the enforcement of these Terms and Conditions.
Copyrights and Trademarks
By supplying text, images and other data to Black Bamboo Design for inclusion in the customer's website or other medium, the customer declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the customer, or rightful copyright or trademark owner.
Any artwork, images, or text supplied and/or designed by Black Bamboo Design on behalf of the customer, will remain the property of Black Bamboo Design and/or it's suppliers.
The customer may request in writing from Black Bamboo Design, the necessary permission to use materials (for which Black Bamboo Design holds the copyright) in forms other than for which it was originally supplied, and Black Bamboo Design may, at it's discretion, grant this. Such permission must be obtained in writing before it will allow any of the aforesaid artwork, images, text, or other data to be used.
By supplying images, text, or any other data to Black Bamboo Design, the customer grants Black Bamboo Design permission to use this material freely in the pursuit of the design.
Should Black Bamboo Design, or the customer supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the customer will agree to allow Black Bamboo Design to remove and/or replace the file on the site.
The customer agrees to fully indemnify and hold Black Bamboo Design free from harm in any and all claims resulting from the customer in not having obtained all the required copyright, and/or any other necessary permission.
Alterations
The customer 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.
The customer also agrees that Black Bamboo Design holds no responsibility for any amendments made by any third party, before or after a design is published.
Implementation
Black Bamboo Design is in no way responsible for the implementation of email addresses and email headers. Instructions are supplied for set up, which will allow the client to do the set up. A computer specialist should handle any problems.
Photography
No photography is included. Photography for the site is charged at R250 per hour needed to take the photos.
Licensing
Any design, copywriting, drawing, idea or code created for the customer by Black Bamboo Design, or any of it's contractors,
is licensed for use by the client on a one-time only basis and may not be modified, re-used, or re-distributed in any way or form
without the express written consent of Black Bamboo Design and any of it's relevant sub-contractors.
The client should register all design work- where there is a risk that another party makes a claim, with the appropriate authorities prior to publishing
or first use or searches and legal advice sought as to its use. Black Bamboo Design will not be held responsible for any and all damages resulting from such claims.
Black Bamboo Design is not responsible for any loss, or consequential loss, non-delivery of products or services, of whatever cause.
The customer agrees not to Black Bamboo Design responsible for any such loss or damage. Any claim against Black Bamboo Design shall be limited to the relevant fee(s) paid by the customer.
Data Formats
The client agrees to Black Bamboo Design’s definition of acceptable means of supplying data to the company.
Text is to be supplied to Black Bamboo Design in electronic format as standard text (.txt), MS Word (.doc) on floppy disc, or CD-ROM, or via e-mail. Non-electronic hard copy text will incur an extra charge if excessive time is used to type it up manually.
Images that are supplied in an electronic format are to be provided in a format as prescribed by Black Bamboo Design via floppy disc, CD-ROM, or e-mail. Images must be of a quality suitable for use without any subsequent image processing, and Black Bamboo Design will not be held responsible for any image quality that the client later deems to be unacceptable. Black Bamboo Design cannot be held responsible for the quality of any images that the client wishes to be scanned from printed materials.
Additional expenses may be incurred for any necessary action, including, but not limited to, photography and art direction, photography searches, media conversion, digital image processing, or data entry services.
Design Project Duration
Any indication given by Black Bamboo Design of a design project's duration is to be considered by the customer to be an estimation. Black Bamboo Design cannot be held responsible for any project over-runs, whatever the cause, this includes printing.
Rights of Access for Website Construction
The client agrees to allow Black Bamboo Design all necessary access to computer systems and other locations, as required, in order to complete a website project and until all due funds are cleared, including the necessary read/write permissions, usernames and passwords. The customer also agrees to allow Black Bamboo Design access to any computer systems, usernames and passwords required to remove data and/or sites for failure to comply with these Terms and Conditions.
The customer agrees to supply Black Bamboo Design with all necessary materials, electronic, or otherwise, required to create and complete the project, and to supply them in a timely manner.
Design Project Completion
Black Bamboo Design considers the design project complete upon receipt of the customer's signed Approval form. Other services such as printing etc either contracted on the client’s behalf constitute a separate project and can be treated as a separate charge.
Website design only
Once the home page design is complete, Black Bamboo Design will provide the customer with the opportunity to review the resulting work. Black Bamboo Design will make one set of minor changes at no extra cost within 14 days of the start of the review period. Minor changes include small textual changes and small adjustments to placement of items on the page. It does not include major changes to images, colour schemes or any navigation features. Any minor changes can be notified to Black Bamboo Design by e-mail or fax and confirmed by post. Any extra major changes to the design will incur further charges.
Black Bamboo Design will consider that the client has accepted the original draft, if no notification of changes is received in writing from the customer, within 14 days of the start of the review period or a signed acceptance letter is supplied.
Hosting websites
Black Bamboo Design charges hosting at a monthly rate. Service invoices will be sent to the customer via electronic mail in advance of services being rendered. The customer agrees to submit payment for all invoices upon receipt.
Accounts not paid by within 30 days of every month are subject to immediate suspension. Black Bamboo Design will not be held responsible for any damages, losses, or claims as a result of a clients Internet service being suspended for non-payment.
Accounts 30 days past due are subject to cancellation that will result in the deletion of all of the customer's files, including but not limited to web pages, email and databases. The Customer agrees that all set-up fees are non-refundable once set-up is completed.
The Customer agrees that unless he/she notifies Black Bamboo Design of his/her desire to cancel any or all services received, those services will be billed on a recurring basis.
Domain Registration
Black Bamboo Design cannot guarantee the availability of any domain name. Where Black Bamboo Design is to register a domain name on behalf of a client it will endeavour to do so but the client should not assume a successful registration.
Black Bamboo Design will not be held liable for any disputes arising out of domain name registrations or domain name hosting on behalf of the client.
Black Bamboo Design will not be held liable for any losses or damages the client may suffer due to a domain name being reallocated, transferred or deleted by any Domain Name Authority or NIC.
Black Bamboo Design reserves the right to take ownership of any domain name upon cancellation by the client should the client not specify any action to be taken in regards to ownership or transfer of the domain name.
Black Bamboo Design requires 24 hours written notification via fax prior to releasing any domain name. Where the client has not notified Black Bamboo Design of his intention to transfer or move a domain name, all transfer requests will be declined.
Black Bamboo Design will retain the ownership of the domain name in the event of the client's accounts not being settled in full on termination of the hosting agreement.
Search Engine Submission
Due to the infinite number of considerations that search engines use when determining a site's ranking, Black Bamboo Design cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added.
Design Credits
The customer agrees to allow Black Bamboo Design to place a small credit on printed material exhibition displays, advertisements and/or a link to Black Bamboo Design’s own website on the customer's website. This will usually be in the form of a small logo or line of text placed towards the bottom of the page.
The customer also agrees to allow Black Bamboo Design to place websites and other designs, along with a link to the client's site on Black Bamboo Design’s own website for demonstration purposes and to use any designs in its own publicity.
Rights of Refusal
Black Bamboo Design will not include in its designs, any text, images or other data, which it deems to be immoral, offensive, obscene or illegal.
All advertising material must conform to all standards laid down by all relevant advertising standards authorities.
Black Bamboo Design also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Black Bamboo Design does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the customer is obliged to allow Black Bamboo Design to remove the contravention without hindrance, or penalty. Black Bamboo Design is to be held in no way responsible for any such data being included.
Cancellation
Cancellation of orders may be made initially by telephone contact need to be followed up by an e-mail.
The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering.
The balance of monies due must be paid within 30 days.
Please note: any cancellation which is not formally confirmed in writing and received by Black Bamboo Design within 14 days of such instruction being issued, will be liable for the full quoted cost of the project.
Disclaimer
Black Bamboo Design makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies.
Black Bamboo Design will not be held responsible for any and all damages resulting from products and/or services it supplies.
Black Bamboo Design is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause.
While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure.
The customer agrees not to hold Black Bamboo Design responsible for any such loss or damage. Any claim against Black Bamboo Design shall be limited to the relevant fee(s) paid by the customer.
Black Bamboo Design reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Black Bamboo Design will not knowingly perform any actions to contravene these and the client also agrees to be so bound.
Black Bamboo Design and its clients agree to comply with Printers Terms and Conditions, which include disclaimers for non-completion on
General
These Terms and Conditions supersede any previous Terms and Conditions distributed in any form.
Black Bamboo Design reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.
Terms & Conditions Agreement
Acceptance of Quotation and Terms and Conditions
The placement of an order for design and/or any other services offered by Black Bamboo Design and validated by the customer's signature on the estimate or quotation form, constitutes acceptance of the estimate or quotation and agreement to comply fully with all the Terms and Conditions and forms a Contract for Business between the signatory and Black Bamboo Design.
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