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termsconditions-32 Terms & Conditions

Web Design

  • Imexco reserves the right to make changes to this page from time to time.
  • An outline and site map is required from possible new clients so that we can analyze your needs and provide you with an accurate estimate.
  • Imexco reserves the right to "un-publish" your website should the relevant balances has been paid in full. No content will be published before relevant due balances are paid in full.
  • All content, ie text copy, logo's pictures etc should be provided by client within 7 days of estimates confirmation, prior to beginning of the design process unless otherwise specified or agreed upon.
  • If a final deadline has been agreed upon it is clients responsibility to provide all necessary content. Imexco will not be held responsible for project deadlines which are exceeded due to a lack of clients submission of content.
  • Should content (ie text copy, logo's pictures etc) not be received within 7 days after approval your project will be placed at the back of the work line until it is all received and we have to information we need to begin your project.
  • Clients must ensure that all content provided to us bears no copyright infringements or implications as Imexco cannot be held liable for content provided by clients.
  • Email and written project agreements are accepted as acceptance to begin development on your behalf.
  • Imexco requires clients to grant the necessary permissions and authorizations via email directly with your web host should you not host your website through us. If you do host through us this is not necessary.
  • All websites designed by Imexco may contain a small image or text link to our site unless previously agreed upon.
  • Any additional project changes or amendments required above the estimated/agreed upon cost must be confirmed via email or signed agreement and will be invoiced separately.
  • All work that delivered to clients should be considered accepted unless the client notifies us to the contrary within 10 days.
  • Free changes for the first 10 days after initial launch for corrections and fault finding ie links, logos, photos, colors, minor layout changes etc

Estimates, Invoices and Late Payments

  • Estimates are valid for 30 days from the date of creation unless otherwise agreed upon.
  • A 50% deposit payment is payable upon approval of estimate. The remaining balance is due upon the completion and approval of project.
  • Any additional project changes or amendments required above the estimated cost must be confirmed vie email or signed agreement and will be invoiced separately
  • Please note that we will charge interest at Absa Bank prime overdraft rates on overdue payments.
  • Only payment via bank guaranteed cheque, electronic funds transfer or cash will be accepted.
  • The client is responsible for any applicable sales or use taxes, even if they are calculated after the fact.
  • Invoices should be paid in full within 15 days of invoice date unless otherwise stated.
  • Imexco reserves the right to suspend any account or website should payment be outstanding.

Reproduction of Work

  • The client assumes full reproduction rights upon payment for completed project. One time reproduction rights for the specified project, at the agreed fee, are granted to the client. Any other usage must be negotiated. All reproduction rights on the copyrighted work are retained by the designer. The work may not be reproduced in any form without consent from the designer. The designer retains personal rights to use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes and the marketing of the designer's business. Where applicable the client will be given any necessary credit for usage of the project elements

Rejection/Cancellation of Project

  • The client shall not unreasonably withhold acceptance of, or payment for, the project. If, prior to completion of the project, the client observes any nonconformance with the design plan, the designer must be promptly notified, allowing for necessary corrections. Rejection of the completed project or cancellation during its execution will result in forfeiture of deposit and the possible billing for all additional labor or expenses to date. All elements of the project must then be returned to the designer. Any usage by the client of those design elements will result in appropriate legal action. Client shall bear all costs, expenses, and reasonable attorney's fees in any action brought to recover payment under this contract or in which Imexco may become a party by reason of this contract.

Completion/Delivery of Project

  • Any shipping or insurance costs will be assumed by the client. Any alteration or deviation from the above specifications involving extra costs will be executed only upon approval with the client. Any delay in the completion of the project due to actions or negligence of client, unusual transportation delays, unforeseen illness, or external forces beyond the control of the designer, shall entitle the designer to extend the completion/delivery date, upon notifying the client, by the time equivalent to the period of such delay.
  • If a final deadline has been agreed upon it is clients responsibility to provide all necessary content. Imexco will not be held responsible for project deadlines which are exceeded due to a lack of clients submission of content.

Limitation of Liability

  • The services and the work product of designer are sold “as is.” in all circumstances, the maximum liability of designer, its directors, officers, employees, design agents and affiliates (“designer parties”), to client for damages for any and all causes whatsoever, and client’s maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, shall be limited to the net profit of designer. In no event shall designer be liable for any lost data or content, lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the materials or the services provided by designer, even if designer has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy.

Web Hosting

  • Imexco is an authorized agent of Afrihost 
  • Web hosting & domain name registration services are outsourced to Afrihost and all of Imexco's web hosting and domain name registration clients are expected to familiarize themselves with and adhere to at all times to Afrihost's Legal Notices.
  • Imexco reserves the right to keep this Terms and Conditions section updated and make necessary changes from time to time. Imexco reserves the right to "unpublish" or "put on hold" any accounts which are unpaid, do not comply with these policies or which have any unlawful content and activities taking place.
  • It is the clients responsibility to keep up to date with these changes
  • Domain names are subject to availability and dependant on a third party registrar.
  • Web hosting and domain name registrations will only be made available once payment has been received
  • Web hosting and domain names are billed 12 months in advance thereafter it is you choice to renew, move or cancel your hosting account.
  • Should payment not be received your account and website will be suspended temporarily until payment has been made.
  • Afrihost's Legal Notices & Terms & Conditions can be found at this link http://www.afrihost.com/site/page/terms_and_conditions
  • Afrihost's Acceptable Usage Policy can be found at this link http://www.afrihost.com/site/page/acceptable_use_policy

Joomla! Content Management System

  • Imexco cannot accept responsibility for any for any errors, discrepancies or disputes which may arise from any posted information provided by clients or uploaded by clients themselves. We don't choose the content, our clients provide it to us before hand. We are unable to always be sure some particular content doesn't offend somebody. If any content on one of our clients websites offend you please contact the owner directly and we will be happy to comply with changes authorized by the respective owner. In the event of any dispute, all pages in question will be temporarily suspended until confirmation is received from our client that the dispute has been resolved and that we should proceed otherwise.

Please Note:

  • Joomla is a free open source content management system. Once we have deployed it on a server, clients can optionally login and edit, add or remove content manually. We cannot be held responsible for any content uploaded by clients themselves or for any disputes or discrepensies which may arise from clients content.
  • Joomla! is Free Software released under the GNU/GPL License.