The T’s & C’s.
General Terms & Conditions:
Terms and Conditions
1. Contract: The client’s approval for work to commence on web design / graphic design / logo design / marketing services shall be deemed a contractual agreement between the client and YBT Marketing as soon as a non refundable deposit of 50% or full payment is made.
2. No work shall commence until the 50% non-refundable deposit has been paid. In certain circumstances 100% / full payment is required for project commencement.
2.1. Any variations from the quote will incur additional charges.
3. Intellectual Copyright: YBT Marketing hold intellectual copyright of any material, including but not limited to DOMAIN, source code and original images created for the client until payment of the final invoice. At this time we will transfer this intellectual copyright to the client.
4. Clients Responsibilities with Regard to Copyright: In situations where the client provides images, text, animations, layouts or any other content for their web design they are legally responsible for ensuring that this material does not infringe any copyright.
Under no circumstances will YBT Marketing be held responsible for any copyright disputes.
Certain images provided by YBT Marketing may have used in a other web design, may been purchased under license from stock image suppliers. These images are generally only licensed for use on a website. The license may not permit them to be used in publicity material. The website owner is legally responsible for ensuring that this does not happen. If you wish to use any images from the site for other purposes please contact us for clarification.
5. Registration Charges: All third party costs arising from the registration of a domain name shall be met by the Client. YBT Marketing may choose to register a domain name and take care of hosting on the clients behalf for one – two years. Theafter domain and hosting renewal is at the clients cost. We will advise them accordingly.
6. YBT Marketing will register any domain names on behalf of the client. YBT Marketing will own the domain in full for the duration of the service with YBT Marketing, we agree to transfer any domain name to the client immediately upon request as soon as all outstanding monies are settled.
7. YBT Marketing are in no way responsible for website downtime as a result of, but not limited to, website transfer time, nameserver (DNS) updates, fees not being paid and/or outstanding invoices not being settled and/or of domain & hosting charges not being paid by the client.
8. Search Engine Promotion: If Search Engine Optimisation has been agreed as part of the web design contract the client must be aware that YBT Marketing are not responsible for ongoing web site promotion. Should the client require the site to be promoted on an ongoing basis a separate contract must be agreed. The order in which websites are ranked in the natural search results is controlled by the search engines. While during the web design we can optimize your site initially for this by making it search engine friendly, it is impossible to make any guarantees on ranking position.
9. Cancellation: Should the client wish to cancel the web design at any point during the process they shall remain liable for the work that has taken place and shall be invoiced accordingly. The initial deposit is not refundable.
10. Quotations: The price quoted for a web design to the client is for the work specifically agreed on the quotation only. Should the client decide that changes are required after work on the web design has commenced there may be a surcharge.
11. Quotations are only valid for 30 days, unless otherwise stated.
12. Legal: If at any point during the process of the web design a designer feels that the website is going to be used for an illegitimate purpose, then YBT Marketing have the right to refuse to complete the website, this is for the protection of our clients, the consumer and ourselves, as we have a responsibility to all three.
13. Compliance with Ecommerce, Accessibility or Other Regulations: We do any web design in accordance with the client’s specifications. It is the client’s responsibility to ensure that the website and its content comply with current online trading laws and regulations.
We cannot accept responsibility for any failure to comply with laws and regulations related to accessibility, selling online or those related to a specific business or trade. We can research this on the client’s behalf upon request, but in any business where complex compliance issues may exist we recommend that the client takes legal advice from their company lawyer.
Your statutory rights are not affected by any of the above
Upon final payment, you agree to allow YBT Marketing to use your website/ any other graphical work we have done for you, as part of our portfolio and for any and all marketing and unless otherwise specified, all projects designed or developed by YBT Marketing will contain a footnote, which will form a link to our website.
Terms and conditions may be updated from time to time without prior notice.
Thank you for choosing YBT Marketing!
14. Payment – Refund Policy: After the web design for a website commences and the domain name is registered, advances for a web design is not refundable.
15. Payment Methods: Unless otherwise agreed, payment for any web design is only accepted by credit card, or EFT in South African Rands.
16. Payment of Balance: Invoices are only issued when clients accept that their web design has been completed to their satisfaction with certain exceptions. Payment of the balance is due immediately on completion of the web design. We reserve the right not to launch a website until full payment has been received.
16.1. YBT Marketing reserves the right to disable, or delete, the work they’ve done without notice in the event that the total amount due has not been settled within a reasonable timeframe.
16.2. Interest of 10% per month will be charged on balances which have been outstanding for more than 30 days.
16.3 In the event of fees being outstanding for more than 30 days, YBT Marketing reserve the right to disable email and other website services until fees are paid in full.During this time YBT Marketing hold absolutely no responsibility for any impact/s this may have on the client.
17. If full payment has not yet been received, the website will go live for a maximum of 24 hours allowing the client this time to decide on the necessary minor/content changes only. (new sites only)
18. Future Support: Your website will be handed over as a fully functioning, completed work. Unless it has been agreed beforehand YBT Marketing is not responsible for future support. Support can be provided upon request for an agreed fee. Please note that when YBT Marketing hand over your backend website credentials we will no longer be held responsible for any errors that may occur when you update / manage your website without the assistance or advice of a professional.
19. Email & Hosting: YBT Marketing will, where requested by the client, set up email accounts on the hosting server. Email accounts added to personal computers and programs (such as Microsoft Outlook) and on mobile devices are the sole responsibility of the client. YBT Marketing will, where required, provide cPanel / Hosting account details to the client thus enabling them to manage their own email accounts. YBT Marketing holds no responsibility whatsoever arising from problems you may or may not encounter while trying to set up email accounts. Hosting and email services are provided by a third party and NOT by YBT Marketing.
19.1. Free hosting, where applicable – whether a one (1) to twelve (12) month free hosting term is included, we require the client to remain with YBT Marketing hosting services for a further 12 months, after which the client can move hosts freely at their own expense.
19.2. Free hosting can be terminated by YBT Marketing at any time should the client fail to make payment for Web Design services invoiced for. YBT Marketing will provide written warning before any termination occurs.
19.3. In the case of hosting termination due to client non payment, all website files, email files, email accounts will be permanantly deleted. No recovery of this data is at all possible. YBT Marketing will not be responsible for any indirect, incidental, special, or consequential damages or losses arising from the non payment by the client. This includes loss of profits, revenue, anticipated savings, business transactions, goodwill or other contracts. It is irrelevant if this is due to negligence (carelessness) or breach of contract.
20. Grace period: There is a 5-day grace period upon completion of the web design, where all minor modifications to the site are free (carried out at one time only). However, major structural, contextual or graphical modifications are subject to a fee. If any text (which was provided to us by the client needs to be edited/changed a fee will apply. To avoid these charges, a maintenance package can be purchased at any time. YBT Marketing charge a WEB / GRAPHIC DESIGN fee of R350.00 per hour on design work, however a monthly package of R500 for two hours work can be purchased month to month for web design clients only.
20.1. Should a delivery date be agreed upon, it will remain subject to the timeous submission of, and sign off on, all content required.
20.2. The client is responsible for content creation, and all navigational items must be submitted to YBT Marketing before commencement of the project.
21. Future Site Problems: Problems caused by malicious software, spyware, viruses and website hacking are a fact of life on today’s Internet. It is highly unlikely that these will affect your website, YBT Marketing will endeavour to protect it from this as much as we can during its creation, but after the website is handed over we cannot be held responsible for problems caused by illegal activity or the actions of others.
22. Access to Client Website backend: If the client chooses to change the password for back end login we will no longer have access to the website and further support will not be possible. YBT Marketing cannot be held responsible for any changes made to the website by the client or the client’s agents.
23. Malicious Attacks: Once the website has been completed, we aim to keep extra costs at R0.00, however if there is any malicious activity on the website once it has been completed, then there will be additional costs to amend any issues with the website. We will advise the client when when a breach is detected and the actions we can take. Our security package is strongly encouraged.
Rent To Own Website Design enables clients to pay off their website design projects and enjoy the freedom of the website going live before the full payment is received by YBT Marketing.
1. Initial Payment: We will quote for the website design project as normal, we do require an initial payment of 40% of the total value of the website design quotation to be paid up-front.
2. Monthly Payments: The website will go live when completed and the outstanding balance is then paid over a further 12 months as a binding contract.
3. Additional fees: An additional 10% is charged on the monthly instalment for the convenience of using this service.
4. Advanced Payments: Clients may pay in full for the website at any time in the 12 month timeframe or increase the amount payable to shorten the total payment timeframe.
5. Missed Payments: The website will be put into an “under construction” state if a monthly instalment / payment is missed or not paid within 7 days after the monthly invoice date. If this occurs, YBT Marketing will in no way be held responsible for, but not limited to: loss of business, loss of revenue, any damages that may arise and / or diminished brand name.
6. Full Payment: Only once the full payment has been made, will the client own the website and it’s contents. Until that time, YBT Marketing is the full owner of the domain name and website in question.
- Hosting renewal of R960 / year is compulsory if hosting was provided for any free period.
- No domain name will not be transferred until payment of outstanding hosting fees are settled.
- Hosting services will be suspended if no payment is made within 15 days of invoice.
- Hosting services will be terminated if no payments are made within 35 days of invoice.
- Hosting services may be suspended if bandwidth and or disk quotas are exceeded.
- YBT Marketing holds no responsibility for any loss, or damages of any kind whatsoever as a result of suspension / termination of hosting services due to payment failure.
- OVERUSAGE: R50 / 1 Gig of traffic & R50 / 1 Gig of Diskspace – Billed monthly.
- YBT Marketing may disable hosting services if excessive quotas are met during a specific period or ongoing periods. The client will be immediately notified in these cases.
- Websites are automatically disabled at the 30Gig bandwidth limit to reduce the excess fees payable by the client.
- Payment for exceeded quotas will need to be settled before quota limited are lifted.
- YBT Marketing holds no responsibility for any loss, or damages of any kind whatsoever as a result of website downtime due to bandwidth / disk space quotas being reached.
- If quotas are met or exceeded on an ongoing basis an upgraded hosting plan is required. YBT Marketing will advise the client in this regard.