The Craddock Group’s Web Design & Development Terms and Conditions
The following are the responsibilities of Client:
- Furnish all camera-ready artwork, printed materials, and or photographs needed in the development of the website (If stock photography is used, ensure proper licenses are in order).
- Provide final text, images, and documents for web pages in digital format (IMPORTANT NOTE: Site build begins only when all site content is received. Project milestone for delivering the completed site to the client will be adjusted to reflect a new date after site content is received. Site content can be edited during two rounds of edits following site build.) Assist with creation of website hierarchy (Main menu & sub menu)
- Agree to a monthly maintenance retainer under The Craddock Group for upkeep of the website after launch to ensure the website works properly with all updates conducted on a regular basis.
- The client can choose to purchase hosting through The Craddock Group or a service provider of their choice. The login details should be provided to The Craddock Group before site build can begin.
- Provide logo in a high resolution format
Terms and conditions:
- Authorization: is engaging The Craddock Group as an independent contractor for the specific project. “The Craddock Group is a Creative Agency based in Johannesburg, South Africa. “Agreement” is the signed contract, agreement, change order, or other binding document that references these Terms and Conditions. “Client” means a party that has signed an Agreement with The Craddock Group
- Hourly rate: Changes requested by the client beyond deliverables or timeline will be billed at the hourly rate of R650 an hour for design and R550 an hour for Internet marketing. All additional charges require a signed change order by the client prior to the start of additional project deliverables.
- Liability: The Craddock Group is not responsible for loss of income or projected loss of income due to unforeseen conditions including but not limited to server failure, data corruption, or data loss.
- Completion date: The Craddock Group and Client must work together to complete the website in a timely manner. Client representatives will need to provide final feedback on all deliverables and ensure that the client is aware of progress. The Craddock Group agrees to respond to all questions within four (4) working days. The Craddock Group and the Client agree to notify each other if the primary project POC is going on vacation or of upcoming events which will delay the response feedback beyond to these allotted feedback days. Project is completed once the website is launched and any initial internet marketing deliverables are completed. If The Craddock Group is unable to complete project for any reason, they will notify the Client in writing. All deposits made to The Craddock Group are non-refundable however, if the client has paid more than the required deposit, that amount will be refunded.
- Client delays: If contract deliverables are not completed within 2 months of contract signature through no fault of The Craddock Group, The Craddock Group reserves the right to bill client full invoice for the project. All work related to the project performed by The Craddock Group shall, at Client’s option and after payment as herein provided, become Client’s property and remaining deliverables will be voided.
- Assignment of Project: The Craddock Group reserves the right to assign subcontractors to this project to insure the right fit for the job as well as on-time completion.
- Copyrights and Trademarks Furnished by Client: The client represents to The Craddock Group and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to The Craddock Group for inclusion in web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend The Craddock Group and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.
- Copyright to Web Pages: Copyright to the unfinished assembled work of web pages produced by The Craddock Group is owned by The Craddock Group . Upon final payment of this contract, the Client is transferred rights to the website, photos purchased for the client, created graphics, web pages, and the database if one is used. Rights to work-up files, intellectual property, source code and computer programs remain the property of their respective owners. The Craddock Group retains the right to add a link and display graphics and other web design elements as examples of their work in their respective portfolios.
- Protection to The Craddock Group : The Craddock Group does not warrant that the functions contained in these web pages or the Internet website will meet the client’s requirements or that the operation of the web pages and the website will be uninterrupted or error-free. The entire risk as to the quality, security and performance of the web pages and the website is with the client. In no event will The Craddock Group be liable to the client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these web pages or website, even if The Craddock Group has been advised of the possibility of such damages. The Craddock Group does not warrant the compliance of the website or any other laws, regulations, or requirements that apply to the Client.
- Indemnification: Client agrees that it shall defend, indemnify, save and hold The Craddock Group harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees, (“Liabilities”) asserted against The Craddock Group , agents, its clients, servants, officers and employees, that May arise or result from any service provided or performed or agreed to be performed or any product sole by Client, its agents, employee or assigns. Client agrees to defend, indemnify and hold harmless The Craddock Group against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed in connection with The Craddock Group service, any material supplied by Client infringing on the proprietary rights of a third party, copyright infringement, and any defective product, or unsafe product.Search engine optimization inherently runs risks of algorithmic changes or manual optimization actions by search engines. The Craddock Group offers no guarantee or warranty of present or future placement, improvement or in any specific search engine. Client assumes all risks and responsibility.
- Warranty: The Craddock Group does not warrant the number of sales per visitor that the Purchaser will make or the traffic or number of visitors that will visit Purchaser’s specified website. The Craddock Group expressly disclaims and excludes all express and implied representations and warranties, whether statutory or otherwise. The Parties agree that, except as may be expressly provided in this Agreement, neither has made or makes to the other any representations or warranties respecting the compensation that the other may expect to earn or receive pursuant to this Agreement, or otherwise.
- Payment of fees: Payments must be made promptly. Deposit payments are required to begin your project and ongoing services payment terms are due upon receipt. If an amount remains delinquent 60 days after its due date, an additional 10% penalty will be added for each month of delinquency. The Craddock Group also reserves the right to remove web pages and created work from viewing on the Internet until final payment is made. In case collection proves necessary, the client agrees to pay all fees incurred by that process.
- Cancellation: Client may terminate the project at any time with written notice to The Craddock Group for web design and web development services. In the event of such termination, prior to project close out in 180 days, Client shall be obligated to pay to The Craddock Group for all work performed prior to the termination. All work related to the project performed by The Craddock Group shall, at Client’s option and after payment as herein provided, become Client’s property. Any payment due to The Craddock Group under this section shall be made in accordance with the provisions of the “Payment Terms” Section herein and calculated based on the percentage of work completed. If Web marketing services are utilized, these services may be cancelled after initial optimization and 10 months of fully paid progressive monthly optimization have been completed. Should The Craddock Group choose to terminate this agreement at any time, The Craddock Group will notify the client in writing and provide a refund for all payments received. Please note that deposits are non-refundable.
- Hosting: The Craddock Group recommends website hosting packages including LAMP stack with FTP and CPanel access. If your website host does not provide these configurations launch delays and additional fees could be incurred. Client will provide a development environment on website host and provide FTP and CPanel access.
- Future Services: Future services performed for the client as either hourly or quoted services will utilize all provisions of this agreement unless a new agreement containing revised terms and conditions is established.
- Modification: The Craddock Group may make changes to services, products, and these Terms and Conditions at any time without notice. Your access or continued use of The Craddock Group’s services and products subsequent to such a change will signify your assent to be bound by such changes. Client is responsible for periodically reviewing this website to review the current Terms and Conditions.
- Venue: For any action involving matters of this Agreement, venue shall lie in Gauteng, South Africa.
- Non-solicitation: During the term of the Agreement with The Craddock Group and for a period of five (5) years after the Termination Date of all Agreements with The Craddock Group , Client will not directly or indirectly solicit, induce or attempt to induce any current employee, former employee, or vendor of The Craddock Group to terminate his or her employment or services with The Craddock Group or to perform any work or services for Client or any of Client’s customers, vendors, or affiliated companies.
- Non-disparagement: During the term of this Agreement and for a period of three (3) years after the Termination Date of all Agreements with The Craddock Group , Client agrees to take no action which is intended, or would reasonably be expected, to harm The Craddock Group or its reputation or which would reasonably be expected to lead to unwanted or unfavorable publicity to The Craddock Group
- Miscellaneous: If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. The waiver by either party of any breach of any provision of this agreement shall not be taken or held to be a waiver of any succeeding breach of such provision, or as a waiver of the provision itself.
The client’s digital signature or responding to an email with the following terms and conditions stated, The Craddock Group’s web based proposal and contract system, or by physically signing an Agreement – The client attests that they have read, understood, and agree to the above Terms and Conditions