terms and conditions

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terms and conditions

• All estimates/quotes are based on our understanding of your requirements and as per given time-frame. Any changes to the functionality including micro-improvements, may incur additional costs accordingly. Please ensure and clarify our understanding in a formal meeting either face to face or online.

• By accepting a quote, you agree to and accept the terms and conditions of .fuyane creatives Acceptance can be verbal, by email, payment of Initiation, signing a quote.

• Clients are to ensure that we have included all requirements in the quotes/proposals/estimates and that we fully understand their requirements. Clients must provide us with clear guidelines along with the flow or specific details they may require. When such details are not provided, we will proceed with our understanding of the requirements and quote accordingly. At a later stage, if a discrepancy arises, it may lead to additional costs to accommodate the changes. Thus, it is essential that you clarify every aspect of your project development and ensure that you have been quoted on the right requirements.

• Any complexity related to specific tasks, must be advised in advance and included in the proposal for costing purposes. We operate in good faith and rely on our clients to disclose the full picture at the time of quotation. Any discrepancy arising due to unclear requirements will not be borne by .fuyane

• There are limited man-hours allocated to each task including Project Management and Digital Strategist/Business Analyst. Minor changes may be included within the allocated hours. This will be analysed on a case-by-case basis.

•.fuyane will make every effort to complete the project/changes in the given timeframe. Reasonable delays are accepted if functionalities are redefined or modified.

• Website content and all related materials need to be provided to us within the first two weeks of starting the project. Any delays thereafter may delay the project and will incur additional charges if it goes beyond reasonable timeframe.

• Any delays at client’s end, may delay the project and proposed timeframes and will incur additional costs of 20%. of full invoice quote total if delay is by 14 days after the first 30 days of the agreed start date. If delay is by an additional 30 days THE FULL BALANCE OF THE INVOICED AMOUNT IS PAYABLE IMMEDIATELY incl THE 20% 14 DAY DELAY PENALTY, All work created will be Packaged and sent to the client who could either commission us to complete the project at 50% price of the total invoiced or client can get another designer to complete the project.

• Any bugs (programming errors) reported during or just after the development does not attract additional charges.

• Any re-work on an already completed task will attract additional charges. Any changes in the design after the design approval will incur additional charges.

• Any modifications requested during the development or after the Go-Live approval will incur additional charges. All additional work, over and above the estimates is charged separately. Under no circumstances will .fuyane be liable for any delays caused by change in the project brief.

• Our websites are generally tested on Apple macbooks and include near recent versions of following browsers: IE, Firefox, Chrome & Safari. If you require testing to be done on any other browser, please let us know in advance.

• Responsive/multi-device compatible web pages are tested on iPhone and iPads. If you require testing to be done on any other device, please discuss it in advance.

• If your website/application is not hosted on a .fuyane server, any additional man-hours that may be required due to any server or network related issues are not covered in our quotes and may be charged separately.

• Please note that at any stage during the project, stalling of the project for over two calendar months will incur penalty costs. Furthermore, it may increase the previously approved estimates. If you require the project to be put on hold, please advise us in writing in advance. To put the project on hold without incurring additional charges, we will need the account to be up to date based on the work done. Further details can be discussed if such a situation arises.

•.fuyane software codes (not including open source software) are copyrights of .fuyane. The codes can be handed over at an additional cost for use once all previous invoices are settled, on the condition that the codes are used only for use or modification for re-use for further development for the specified client or subsequent owners of that legal entity. Under no circumstance, the codes will be allowed to be used for re-selling or duplication purposes.

• .fuyane owns copyrights of all codes written for any client, unless arrangements are made prior to start of the project. .fuyane warrants a license to use any custom built software for the client, for their use only. This license is granted while paying for the hosting. Synapse CMS cannot be transferred to any external host; this includes any access to the software codes.

• The website or software application will be designed to be deployed on the web, via using a commercial grade web-server or a similar setup. Based on your website traffic, the website may not perform if deployed on a generic office network environment.

• Depending upon the functionalities required, there may be 3rd party components such as Third Party Payment Gateways or SSL certificates involved in building a website/application. Although .fuyane does its best in recognising the suitability of any such component, any unforeseen limitations of 3rd party components are beyond our control. Any third-party component purchase costs (such as SSL, Payment gateway, Google Adwords, Plug-in licenses etc) are not included in our quotes.

• .fuyane takes no responsibility of any open source products such as WordPress, Open Source carts, Joomla etc. It is clients responsibility to update all components and third party softwares. We suggest you to take regular back-ups to avoid any disruptions.

• .fuyane offer packages in co-ordination with third party providers. Changes to the third party provider’s rules and policies may ultimately effect the services we provide or the terms and conditions herein.

• The client must recognize that at times there may be unforeseen circumstances that will delay the development process, particularly with reference to the integration of third party software. We will try our best to complete the project as agreed in the proposal. As long as it is within a reasonable period, the client agrees not to penalize us for any genuine delay, when every effort to keep the project on the proposed schedule is taken.

• Domain registration/renewal etc charges are not included as a part of any project/proposal unless mentioned otherwise. If required, a quote for which will be submitted separately and approved by the client.

• Hosting charges are not included in the quotations unless mentioned otherwise. .fuyane can organise an appropriate hosting solution if required, a quote for which will be submitted separately and approved by the client. Where clients decide to organise their own hosting, we should be consulted before finalising the type of hosting and database, as it should meet the requirements of the technology used for the development. Please note that we’ll require full access with hosting support for testing and deploying the application. .fuyane will not be liable for any delays or errors caused by direct or indirect actions of the hosting company.

•.fuyane generally builds and tests the websites/applications on our own servers or hosted domains. .fuyane cannot give access to their test servers and test websites to the clients or any third party. The website/application can be transferred-off to a nominated 3rd party server upon full payment of all invoices and dues.

• Not withstanding any other provision in the agreement, in consideration of the Customer entering into this agreement with .fuyane, upon full payment of any outstanding invoices, .fuyane will grant an unconditional license to the Customer to reproduce, publish, communicate, use, exploit, vary, or otherwise deal with 1) the graphics, 2) texts and 3) images used in the published website and associated of form and functionality. This will not include the intellectual property relating to the production of the website including the digital strategies, programming codes, database structures, scripts, forms or functionalities.

• All communications/correspondences are generally done via emails. It is client’s responsibility to keep us updated wit

Digital Marketing

Digital Marketing Package or Digital Strategy Package Terms:
All digital marketing/strategy packages are for a minimum of 6 months period. Thereafter, cancel anytime with clear one month email notice.

They are billed monthly and are payable by the 1st of every month.

Packages are designed with keeping in mind Digital Marketing/Strategy requirements of our clients. There are specific man-hours allocated each month and any unused man-hours are not rolled over to the next month. No third party softwares or marketing expenses are included.

.fuyane employs fair use policy, which means that although we don’t formally transfer over any unused time to the next month or formally accumulate unused man-hours, we do understand that your needs may change from month to month, and we allow flexibility in good faith sometimes.

Any extra hours used may be billed separately. Any urgent tasks will be charged separately.

Support requests need to be sent via email to fixers@fuyane.co.za

Payment terms:
Payable by the 1st of every month to the bank account supplied on the invoice.

An administrative fee of R550 will be charged to the clients account for any late payments.

There are absolutely no refunds for any fees related to the digital marketing/strategy package.

Termination:
All digital marketing/strategy packages are for a minimum of 6 months period packages can be cancelled after 3 months with clear one month email notice.

.fuyane reserves the right to terminate at anytime with written notice to the Client.

Maintenance

Term and Termination

This Agreement shall be effective as of the time frame Client signs up for Maintenance Services. This Agreement may be terminated by either party upon 30 day written notice to the other, if the other party breaches any material obligation provided hereunder and the breaching party fails to cure such breach within thirty (30) days of receipt of the notice. If Client’s Maintenance Plan will not include hosting services with us, client will need to

provide full access to their hosting cPanel or control panel in order to do our job properly. This means you will have to share login credentials for your hosting account. There is no discount if you choose to host elsewhere.

This Agreement may be terminated by .fuyane creatives (i) immediately if Client fails to pay any fees hereunder; or (ii) if Client fails to cooperate with .fuyane creatives or hinders .fuyane creatives’ ability to perform the Maintenance Services hereunder, including cutting off access to, or changing passwords without out knowledge to, services we use in our maintenance tasks.

Maintenance Services

.fuyane creatives agrees to provide Client with Maintenance Services as described in this

Agreement and based on the package.

Maintenance Services include:

Regular updates to Havoc WordPress backend software, including WordPress, plugins, and

themes, with frequency based on package chosen.*

Cloud backup of website on a weekly basis.
Recovery of website files from backups, as needed.*
Uptime monitoring.*
Regular security scans.
Updates to text, images, and other minor changes to Client’s website pages, for packages that include a time allotment in them (does not apply).
Any website support requests, above and beyond what is outlined in package above, or WordPress support questions requiring a response by .fuyane creatives, will count towards the monthly allotted time, if available. If Client’s package has no monthly allotted time included, Client agrees to pay the standard hourly rate for support services provided by .fuyane creatives. The amount of time dedicated towards these tasks each month will be

recorded at R400 per hour or as agreed between .fuyane creatives and client

This agreement is for minor updates — text changes, image changes, and small troubleshooting tasks. It does not include things like building out landing or lead pages, creating new areas to the site, malware removal, website consulting, completely new page. builds, etc.

Regular reporting (Monthly).

*These are tasks that are done throughout the month and will be detailed in your monthly report. Some items, such as updates, only occur when necessary and when we know the update is a stable version and it is okay to proceed.

Malware, Spam, or Malicious Code

Removal of malware, spam, and malicious code from Client’s website is not covered under this agreement. Removal of infections is available for an additional charge for clients who are on a Maintenance Plan at the time of infection. We will need to provide you with a price estimate, which you must agree to pay for removal to commence. NOTE: We do everything we can to help you avoid possible infections from such things, however, they can still happen unfortunately.
Removal of malware, spam, and malicious code that is already existing on a website when a Client signs up for a Maintenance Plan will be charged an additional rate. Please contact us for an estimate for this service. Once you have agreed on price, we will:
Clean the infection.
Our Security Analyst will investigate how the Attackers gained entry.
Remove any malicious code and malware links in your posts, pages, comments and source code.
Provide an in-depth report of the infection removal and investigation.
Work with multiple search engine, anti-malware, and anti-spam blacklists like Google and Symantec to remove your site.
Provide a detailed checklist to protect the site from future attacks.

Client Responsibilities

For the purposes of providing these services, Client agrees:

To properly convey to .fuyane creatives the information that needs to be changed or added.
To provide .fuyane creatives with access to its website for creating new pages, and making changes for the purpose of providing Maintenance Services.
To provide .fuyane creatives access their web hosting account, providing active user name / password combinations for access to the server via FTP, assuring that ‘write permissions’ are in place on hosting provider.

Client Acknowledgements – Client understands, acknowledges and agrees that:

The amount of time allotted for updates to text, images, and other minor changes, is determined by the agreement and will be billed in one (1) hour increments. This means it is best to “batch” your changes and submit them at once, since there is a 30 minute minimum each time.
Client understands that all work for monthly maintenance tasks will be scheduled according to .fuyane creatives workflow. All monthly updates are scheduled at our convenience and in accordance with our schedule. We have a process and a workflow that we use to maintain all of our clients’ websites in a fair and orderly fashion. The only exception being in the case of Client’s website being totally offline or down for some reason, in which case their issue would be considered an ‘emergency’ and would take priority.
Failure by Client to answer a question critical to the completion of a task within 5 business days may cause that task to be “bumped” and moved to the “end of the line” in our work queue. Depending on the time of month, this could cause that task to roll over into the next month’s bucket of update requests.
Once the time allotted in their Maintenance Package has been reached for the month, any unfinished tasks on the Client’s task list will be rolled into the next month for processing. If they must be completed immediately, additional fees will apply due to overage on time.
Client’s on packages that do not include any time allotted for changes will be billed at our standard hourly rate at the time the service is requested.
Should the Client wish to have additional tasks completed in the same month, they will be billed on an hourly basis at our standard hourly rate at the time services are requested.
Client understands that if they provide All monthly updates are scheduled at our convenience and in accordance with our schedule.
A maintenance task and a task that has been completed, then client wishes to make changes to the task, any additional time to make these changes will count towards the monthly allotment of time.
Website updates exclude, but are not limited to, image editing, graphic design, graphic editing, database design, database changes, programming, malware or spam removal, website blacklist cleanup, or search engine optimization. Website updates do not include website redesign, landing/lead page creation, completely new page builds, re-alignment or redevelopment equalling more than 50% change to a single web page, or creating completely new web graphics for the website.
CMS design, integration of plugins that require intensive configuration, or programming of things that require extensive time to set up, including but not limited to blogs, shopping carts, membership areas, API integrations with third party services, and web forums are not considered “minor” changes and therefore are not included in the Maintenance Agreement. These require a separate design or development agreement.
Maintenance Agreement does not include training on how to use your website, WordPress, or email.
Maintenance Agreement does not include training on search engine optimization (SEO) or other online digital marketing.
All communications will be done during regular business hours, which are Monday through Friday from 8:00 AM to 6:00 PM (EST) unless agreed on prior.
.fuyane creatives has no control over your hosting company in regards to server downtime, incompatibilities with software, PHP compatibility issues, etc.
.fuyane creatives is not responsible for Client’s email issues or troubleshooting problems on their own computer. Our role is to maintain and keep your website running at its optimal capabilities.
.fuyane creatives has no control over the policies of search engines or directories with respect to the type of sites and/or content that they accept now or in the future. Client’s web site(s) may be excluded from any search engine or directory at any time at the sole discretion of the search engine or directory entity.
Additional fees could be charged if the information provided has to be typed and exceeds the amount of time to do that is allotted in our Maintenance Package.
If changes are made by .fuyane creatives according to Client’s information, and the changes are not correct, additional time to remedy the changes fall under the time allotted each month.
UNUSED TIME IS NOT ACCUMULATIVE on the bronze package. Unused time does not transfer from month to month. Maintenance Services time is strictly month to month with no rollover of unused time.
.fuyane creatives is not responsible for rewriting sentences, restructuring paragraphs, or checking for typing errors, misspellings, etc.
.fuyane creatives is not responsible for changes made to Client’s web site(s) by other parties, including the Client themself.
During the duration of this contract, the Client agrees that .fuyane creatives will be the sole provider of maintenance services for the website, and no other party will have access to or rights to change the web site. If a party, including the Client, other than .fuyane creatives makes changes to the web site, any errors that are created must be repaired and will be charged for at the hourly rate specified above.
.fuyane creatives is not responsible for third-party plugins that may become unusable as a result of Maintenance Services performed.
.fuyane creatives will not repair Client’s website(s) that became compromised, hacked, or otherwise defaced or infected prior to ordering Maintenance Services.
Recovery or repair of Client’s website is not guaranteed.
Availability of backups is not guaranteed.

Scheduling of Maintenance Tasks

– Because of the nature of our business, we are juggling multiple maintenance clients, on top of several large web design projects, at any given time.

Because time is at a premium, we don’t take on more Clients than we can effectively handle. However, scheduling is a priority for us. We schedule all work for the month in advance to maintain a workflow that is conducive for our business and for all of our Clients. When we take on a maintenance Client they are given a set amount of time in our schedule for maintenance tasks that can be done each month that are counted towards their monthly time

allotment. Please understand that the scheduling of these tasks is totally at the discretion of .fuyane creatives. The only time we “bump” one Client’s tasks for another Client’s place in line is in the case of an emergency. Unless a website problem interrupts your business monetarily, for instance an eCommerce site that goes down or has problems with checkouts, or it is totally down or offline, it is not considered an emergency. We will provide the amount of

time you have contracted for each month towards updates, however we do it in accordance with our schedule. This is the only way we can be fair to all of our Clients.

Additional Services

– Additional services not listed herein will be provided for a fee of our standard hourly rate at the time services are requested. .fuyane creatives is not responsible

for search engine optimization (SEO) unless prior agreement has been made, developing new content, or writing new copy for Client. Cllent will be charged an additional fee for writing content, Indemnification

– Client shall indemnify and hold harmless .fuyane creatives (and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees) from

any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) incurred by .fuyane as a result of any claim, judgment, or adjudication against .fuyane related to or arising from (a) any photographs, illustrations, graphics, audio clips, video clips, text, data or any other information, content, display, or material (whether written, graphic, sound, or otherwise) provided by Client to .fuyane (the “Client Content”), or (b) a claim that Nora Kramer Designs’ use of the Client Content infringes the intellectual property rights of a third party. To qualify for such defense and payment, .fuyane must:

(i) give Client prompt written notice of a claim; and (ii) allow Client to control, and fully cooperate with Client in, the defense and all related negotiations.

Disclaimer of All Other Warranties

– .fuyane creatives DOES NOT WARRANT THAT THE MAINTENANCE SERVICES WILL MEET THE Client’S EXPECTATIONS OR REQUIREMENTS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE IS WITH Client. EXCEPT AS OTHERWISE SPECIFIED IN THIS AGREEMENT, .fuyane creatives PROVIDES ITS SERVICES “AS IS” AND WITHOUT WARRANTY OF ANY KIND. THE PARTIES AGREE THAT (A) THE LIMITED WARRANTIES SET FORTH IN THIS SECTION ARE THE SOLE AND EXCLUSIVE WARRANTIES PROVIDED BY EACH PARTY, AND (B) EACH PARTY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THIS AGREEMENT, PERFORMANCE OR INABILITY TO PERFORM UNDER THIS AGREEMENT, THE CONTENT, AND EACH PARTY’S COMPUTING AND DISTRIBUTION SYSTEM. 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.

Confidentiality –

The parties agree to hold each other’s Proprietary or Confidential Information in strict confidence. “Proprietary or Confidential Information” shall include, but is

not limited to, written or oral contracts, trade secrets, know-how, business methods, business policies, memoranda, reports, records, computer retained information, notes, or financial information. Proprietary or Confidential Information shall not include any information which: (i) is or becomes generally known to the public by any means other than a breach of the obligations of the receiving party; (ii) was previously known to the receiving party or rightly

received by the receiving party from a third party; (iii) is independently developed by the receiving party; or (iv) is subject to disclosure under court order or other lawful process. The parties agree not to make each other’s Proprietary or Confidential Information available in any

form to any third party or to use each other’s Proprietary or Confidential Information for any purpose other than as specified in this Agreement. Each party’s proprietary or confidential information shall remain the sole and exclusive property of that party. The parties agree that

in the event of use or disclosure by the other party other than as specifically provided for in this Agreement, the non-disclosing party may be entitled to equitable relief. Notwithstanding termination or expiration of this Agreement, .fuyane and Client acknowledge

and agree that their obligations of confidentiality with respect to Proprietary or Confidential Information shall continue in effect for a total period of three (3) years from the effective date.

Force Majeure – Neither party will be liable for, or will be considered to be in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions that are beyond such Party’s reasonable control and that such Party is unable to overcome through the exercise of commercially reasonable diligence. If any force majeure event occurs, the affected Party will give prompt

written notice to the other Party and will use commercially reasonable efforts to minimize the impact of the event.

Relationship of Parties – .fuyane creatives, in rendering performance under this Agreement, shall be deemed an independent contractor and nothing contained herein shall constitute this arrangement to be employment, a joint venture, or a partnership. Client does not undertake by this Agreement, or otherwise, to perform any obligation of .fuyane creatives, whether by regulation or contract. In no way is .fuyane creatives to be construed as the agent or to be acting as the agent of Client in any respect, any other provisions of this Agreement notwithstanding.

Notice and Payment – Any notice required to be given under this Agreement shall be in writing and delivered via email to micheal@fuyane.co.za.

Jurisdiction/Disputes – This Agreement shall be governed in accordance with the laws of South Africa. All disputes under this Agreement shall be resolved by litigation in the courts of the South Africa including the federal courts therein and the Parties all consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defences otherwise available to it.

Agreement Binding on Successors – The provisions of the Agreement shall be binding upon and shall inure to the benefit of the Parties hereto, their heirs, administrators successors and assigns.

Assignability – Client may not assign this Agreement or the rights and obligations thereunder to any third party without the prior express written approval of .fuyane creatives. We reserves the right to assign subcontractors as needed to this project to ensure on-time completion.

Waiver – No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same of other provisions of this Agreement.

Severability – If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.

General Website Development

For general website design & development projects we employ the following steps:

• Upon quote acceptance/signoff, initiation payment is processed to start the project. As required by the project, we may hold a Scoping Workshop to discuss the requirements in detail.

• Once we have the brand details such as logo, images, branding materials etc, we will have a mock-up for your review within 5 to 10 working days.

• You can review the design and suggest improvements accordingly. Depending upon your project, generally up to 3 to 5 design modifications that can be done within the given estimates. Please refer to your allocated design and development hours for details.

• Once design is finalised & approved, we’ll proceed with the HTML development. At this stage we generally need around 3 to 5 banner text and/or images for rotation.

• Once, HTML is done, if CMS is included in your project, we will proceed to setup your website on your selected Content Management System (CMS). Please provide all content and copy prior to the development phase.

• Depending upon the time and resources allocated to your project, we’ll transfer as much content as possible from the old website to the new website. Remaining content can be transferred via the CMS by your designated staff. We can provide the instructions needed to help you do this.

• Once the site is ready from our end, we generally hand it over to you for further review, test and/or to upload/change contents as necessary.

• At this stage you need to give us a Go-Live date for us to make the new website/project live.

• Your website can be made live within 3 to 5 working days of a Go Live approval, assuming that the accounts are clear. Kindly note that we require full payment prior to transferring the website on any external servers.

• Kindly note, there are limited man-hours allocated on the project. The estimates for all website under $5000 are based on an assumption that projects will to be completed over eight to twelve working weeks depending upon the size of your project. Any further delays may increase the project management costs. If you do not believe the project to be completed within this time frame, please do let us know prior to starting the project.

• Also, generally speaking, going-back and forth takes a lot of time. We encourage you to provide all necessary details, at the start of the project to ensure that the project team’s time is efficiently utilised on your project and you do not incur any unnecessary additional costs.

• You will be kept updated via emails and/or telephone calls as the project demands. However, please do not hesitate to contact us any time you require a project status. Also, please always keep us updated with your relevant email addresses/contact details.

• Once the website/application has been made live on the client’s domain, it is their responsibility to take regular full back-ups and to update all components and third party softwares.

We consider ourselves to be very flexible and adaptable and approach all requests with a ‘can do’ attitude. If you require something changed, please feel free to discuss with us. Please contact us if you require further details or have any questions. We look forward to working together with you on your project!

Payments and Refunds

• All prices are quoted in South African Rand (ZAR) unless specified.

• All invoices are to be processed as per the schedule via your preferred method of payment.

• Milestone payments must be made within 5 working days of each milestone/schedule, unless mutually agreed otherwise. Final payment must be made prior to website/application/project going live.

• Receipt of payment is deemed as acceptance of the quote, milestone, delivery, project and terms & conditions.

• .fuyane reserves the right to negotiate and refund appropriate portion of the amount paid by customer towards the requested service. If you cancel your order after making the payment, but the work has not commenced, we will refund 75% of the payment that you have already made. If the order is cancelled after the commencement of work, the maximum refund or charge will be 50% of the invoice. There will be no refund or adjustments if cancellation is called when more than 50% of the work has been completed. All cancellations must be received in writing and can be sent via regular mail, email or fax. Telephone requests on cancellations will not be accepted.
For minor or once-off works, payments need to be made either in advance or as per the terms mentioned in the invoice/proposal. If you require any changes to the terms, you must inform us in writing (emails accepted) within two working days of the receipt of the same.

• Late fees and charges: All outstanding invoices will incur a late payment fee of 20% of the pending amount and an administration fee of R250.00 per month, from the due date.

Due date: Is the date on which the payment is due as per the terms on the invoice/proposal

Outstanding Invoice: An invoice is deemed to be outstanding if the payment is still due after 14 days of the expiry of the due date.

Debt Collection: Client is provided a further 7 days after late payment fee is applied to pay the invoice. Failure to pay will result in the outstanding amount referred to a debt collector. .fuyane will not be liable for any costs or charges associated with the recovery of the outstanding amount. Any charges associated with the recovery of the outstanding amount (debt collectors, administration charges, legal fees) will be referred to the client for processing.

• If you are late with a payment or have any queries regarding the Invoice, please contact accounts@fuyane.co.za immediately on receiving the invoice or reminder emails.

• All communications/correspondences are generally done via emails. It is client’s responsibility to keep us updated with their relevant email addresses.

• Any payment relating to the domain name registration renewal or hosting or any 3rd party products or service purchased on behalf of the client will have to be paid in full and is non-refundable. In case of all renewal cancellations, we must be notified atleast 30 days before the renewal date.

•.fuyane generally builds and tests the websites/applications on our own servers or hosted domains. The website/application will be transferred-off to the nominated 3rd party server upon full payment of all invoices and dues.

Disputes, Liability and Indemnity

In an event of a dispute, Synapse Worldwide reserves the right to charge the client in full for the work done as well as for the resources spent in managing the dispute. In such an event, Synapse Worldwide reserves the right to charge the client without honoring any discounts that were previously honored in good faith. Under no circumstances will Synapse Worldwide be liable for any damages arising from misrepresentation or misinformation.

Synapse worldwide reserves the right to refuse service to any client, if these are not aligned with our business operating principles and policies.

Synapse Worldwide provides its services as is, without any guarantees on security or other issues leading to loss of data, sale or reputation. We ensure to the best of our ability that our systems and servers are protected from hackers, viruses, intruders and other online and offline problems, however we will not be held liable for any disruption of services if such situation arises.

Relationship of Synapse Worldwide with its suppliers, partners and sub-contractors is of an independent nature. None of the parties have any power, right or authority to interfere or bind the other or assume or create any obligation or responsibility, whether expressed or implied, on behalf of the other or in the other’s name.

Client will indemnify and hold Synapse Worldwide, its licensors, content providers, service providers, employees, agents, officers, directors, contractors and sub-contractors (the “Indemnified Parties”) harmless from your breach of any of these Terms And Conditions or any other terms, conditions, policies or procedures herein, including, without limitation, any use of content other than as expressly authorized in these Terms and Conditions. Client agrees that the indemnified parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify and hold harmless the Indemnified Parties from any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information obtained from Synapse Worldwide.

Synapse Worldwide will not be liable for any breach of the agreement which is caused by a matter beyond its reasonable control including but not limited to Act of God, fire, lightning, explosion, war, disorder, flood, earth quake, industrial disputes (whether or not involving their employees), extremely severe weather, or acts of local or central government or other competent authorities.

Hosting

Hosting is an annual charge which must be paid in advance for the whole year. Except if the client is under one of our Maintenance packages.

It is the client’s responsibility to renew the hosting in time ie. before the expiry date. Failure to renew in time can lead to loss of files, data, emails, backups etc. All unpaid hostings are disabled or deleted from the server.

All renewals must be paid by seven working days prior to the expiry date. Synapse will not be responsible for issues relating to delayed payment.

Hosting are on shared and non-shared servers hosted via third party providers. Synapse Worldwide ensures best to our ability that our systems and servers are protected from hackers, viruses, intruders and other online and offline problems, however we will not be held liable for any disruption of services if such situation arises.

Client is solely responsible for the content stored on and served by the hosting service purchased and the activity of any scripts or email services created under the hosting service. The Customer must maintain the security of all account passwords and applications or scripts and ensure all scripts under the hosting service are free from malicious content that may harm any part of the Server, other client accounts hosted, or the external systems of visitors viewing the hosted content.

Incase of a malware attack, Synapse reserves the right to delete files on the hosting service without giving any prior notice.

Cancellation/Termination:
Hosting Cancellation requests must be sent in writing or by email one month prior to the expiry of the same. Once the hosting has been renewed, it cannot be cancelled and must be paid for the full year.

If the hosting is not paid and renewed before the expiry date. We reserve the right to disable the hosting and all associated services including emails and dns records. Additional charges will be applicable to re-enable the hosting. Synapse will not be responsible for any loss of data, files, emails, backups, restoration costs etc.

If a hosting has been cancelled / disabled then all files, emails, databases and backups will be deleted from the server without any notification to the client.

Once all invoices are paid, it is client’s responsibility to request for the files subject to the below:

– Synapse CMS is a proprietary CMS of Synapse Worldwide. Synapse owns copyrights of all codes written for any client, unless arrangements are made prior to start of the project. Synapse warrants a license to use any custom built software for the client, for their use only. This license is granted while paying for the hosting. Synapse CMS cannot be transferred to any external host; this includes any access to the software codes. FTP and Control panel access is not provided if the website is using Synapse CMS.

– Synapse CMS is a proprietary CMS of Synapse Worldwide and cannot be transferred to any external host.

Emails:
All emails are to be downloaded on the client’s computer periodically. Email boxes must be kept within their quota limits. Periodical maintenance may be carried out on the email box and emails older than 6 months are deleted.

Client’s must not use the email hosting for inappropriate content and other undesired emails which can result in spamming or infecting the server. Under such circumstances, immediate action will be taken and the required files and data will be deleted without any prior notice.

Synapse offer packages in co-ordination with third party providers. Changes to the third party provider’s rules and policies may ultimately effect the services we provide or the terms and conditions herein.

Domains

All domain registrations and renewals are to be paid in advance.

Expiration of a domain can result in service disruption and loss of domain.

Synapse Worldwide will not be responsible if a domain expires due to non-payment / late payment of the charges. All payments must be made by seven working days before the expiry date.

It is client’s responsibility to renew their domain names with us.

All invoices and dues must be paid in full before we release the requested domain name.

Synapse Worldwide has the domains in a common pool account and therefore cannot give access to its domain control panel.

Intellectual Property

All content of this website is a property of Synapse Worldwide unless otherwise specified. Synapse Worldwide reserves the right to change the content or policies without any prior notice.

The project related copyrights can be transferred to the client at an additional cost, after the full payment of the project and upon signing the Certificate of Acceptance. Synapse worldwide reserves the rights to refuse the transfer of ownership if irregular circumstances arise.

Copyrights handed over to the client do not include rights to re-use the code for another website or re-sell the programming codes for any commercial or non-commercial purposes. In the case of business restructuring or ownership change, ownership of the website may be transferred from one owner to another. New owners are not allowed to re-sell or re-use for any commercial or non-commercial purpose. Synapse CMS is a proprietary CMS of Synapse Worldwide and can not be transferred to any external host.

In an event of a Webmaster change, site owners are not allowed to display the credits to the new website, unless such time that the website functionality and appearance is changed by over 50% of our original work.

“Synapse Worldwide” is a trade mark of Synapse Worldwide Pty Ltd of Australia, along with the symbol which consists of a ‘globe’ surrounded by the letter ‘S’ and also the logo “Synapse Worldwide: Quality – Innovation – Excellence”. Clients, Partners, Suppliers, Sub-contractors and any other 3rd party organisation or individual are not allowed to use Synapse Worldwide trademarks including the name, logo and symbol in any way shape or form without a written permission from us.

As a responsible service provider, we wish to be transparent about all aspects of our services. As such, you need to be aware that we reserve the right to make changes to our terms and conditions without prior notice. This is done to ensure that our policies are always up-to-date and reflect current best practices in the industry.

We want to assure you that any changes made to our terms and conditions will be done with your interests in mind. We strive to provide you with the best possible service, and any updates to our policies will be made with the intention of improving your experience with us.

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