1. Acceptance.

Payment of deposit is an acceptance of these terms and conditions. These terms and conditions are always available on Punctu8’s website for review.

2. Charges.

Charges for services to be provided by Punctu8 are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 60 days unless alternate timescales have been agreed beforehand with the Client. Punctu8 reserves the right to alter or decline a quotation after expiry of the valid timescale.

All Web Design & Development projects require a payment of fifty (50) percent of the project quotation total before work will commence. The remaining balance of the project quotation total will be due upon completion of the work.

3. Client Review.

Punctu8 will provide the Client with an opportunity to review the appearance and content of the website upon one of its demonstration websites. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Punctu8 otherwise within ten (10) days of the date the materials are made available to the Client.

The fee for services is based on the number of changes/revisions stipulated in the quote. (A single E-mail from Client detailing changes/revisions constitutes 1 single revision – please use the opportunity for changes/revisions wisely.) Additional charges will be incurred at the rate outlined in the quote for further revisions/changes. Revisions/feedback will only be accepted in written form.

4. Project Schedule and Content Control.

In the majority of projects, Punctu8 will install and publicly post or supply the Client’s Website by the date specified in the project proposal. If no such date is specified, the timescale shall be within eight weeks of the date initial payment is received from the Client, unless a delay is specifically requested by the Client and agreed by Punctu8. An alternate timescale can be agreed during the initial project discussion.

In return, the Client agrees to delegate a single individual as ‘first-point-of-call’ to aid Punctu8 with completing the project in a satisfactory and expedient manner.

During the project, Punctu8 will require the Client to provide copy. If content is not provided within four (4) weeks of an official request by email then Punctu8 reserves the right to advise the Client of a revision to the final payment fee based on new or revised pricing schedules that may be introduced from time to time. If content is not provided within eight (8) weeks from the original email request then the Client is considered to be in default of the project, the project will be terminated and the Client sent the final invoice for immediate payment. Punctu8 will agree, at its discretion, to recommence the project after agreement is reached on a new quotation document and once the original fees have been paid.

5. Payment.

Invoices will be provided by Punctu8 upon completion of the work for Web Design, Development and any associated services. Invoices are normally sent via email; however, the Client may elect to receive hard copy invoices. Invoices are due within thirty (30) days of receipt after which a reminder will be sent to the Client. If the invoice has not been settled after sixty (60) days then Punctu8 will consider the account to be in default.

6. Default.

If the Client in default has any information or files on Punctu8’s web space, or client’s hosted web space, Punctu8 can, at its discretion, suspend all such material and render its digital domain useless. Punctu8 is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Clients with accounts in default agree to pay Punctu8’s reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Punctu8 in enforcing these Terms and Conditions.

7. Termination.

Termination of the Web Design & Development project by the Client must be requested in writing and will be effective on receipt of such notice. Telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

8. Copyright.

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Punctu8 the rights to publish and use such material.

9. Media Delivery Requirements.

Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered via e-mail, CD-Rom, DVD, or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png, psd or .tiff format. The specific requirements will be discussed and agreed with the Client prior to commencement of the project.

10. Access Requirements.

If the Client’s Website is to be installed on a third-party server, Punctu8 must be granted temporary read/write access to the Client’s storage directories, and those directories must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.

11. Post Project Alterations.

Punctu8 cannot accept responsibility for any alterations caused by the Client or a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions. Punctu8 may require a once-off Web Development charge before resolving any issues that may arise.

12. Third Party Services.

Punctu8 may require the usage of third party services – for example, credit card processing – to complete the Client’s project requirements and will ensure these services are integrated into the project and working correctly upon completion. Punctu8 cannot be held responsible for subsequent changes or issues with these third party services that may result in issues on the Client’s website and may require a once-off Web Development charge before resolving any problems that may arise.

13. Domain Names.

Punctu8 may purchase domain names on behalf of the Client, in which case they will then be renewed on an annual basis and the Client will be invoiced by Punctu8. For .co.za, .com, .org, and .net domains, reminder emails will be sent out to the client before the domain expires at sixty (60), thirty (30) and five (5) days before expiration with a final email sent ten (10) days after the expiration date. In this case, the Client must notify Punctu8 that they do not wish to keep the domain thirty (30) days before the expiration date. The loss, cancellation or otherwise of the domain brought about by none or late payment is not the responsibility of Punctu8. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

14. Website Harmed or Hacked.

In the unlightly event of a Client’s website being harmed/attacked/hacked by a nefarious source (hacker) Punctu8 will not be liable for any damages to the Client’s website. Punctu8 tries to keep security up to date at all times, however cannot prevent every eventuality.

15. General.

These Terms and Conditions supersede all previous representations, understandings or agreements. Payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.

16. Governing Law.

This Agreement shall be governed by South African Law.