OUR WEBSITE DEVELOPMENT TERMS & CONDITIONS
(Last updated: July 2016)
Loop Creative is a division of Loop Online (Pty) Ltd (Registration No. 2014/118143/07) ("Loop Creative") is a South African digital agency that provides website development services to it's customers. We provide these services to customers subject to our Website Development Terms & Conditions.
This agreement (the “Agreement”) is between you, “the Client” and the “Loop Creative” In consideration of the mutual agreement made herein, both parties agree as follows:
1. Development Procedure 1 - Scope: Loop Creative agrees to construct a website such that it's features shall conform to the specifications set out by the Client. 2 - Cost: Loop Creative agrees to deliver all functionality for the agreed upon price. 3 - Timeline: Loop Creative agrees to make all reasonable efforts to deliver the functionality of the website within a reasonable time period of which the minium period is 2 weeks. 4 - Deposit Schedule: A 50% deposit must be paid prior to development. 5 - Development Balance: On the Client's approval of the website development, as agreed to by the Client, the remaining balance shall be paid as agreed upon. 6 - Feedback: Loop Creative will throughout the development process, provide feedback, updates, reports on the development and work progress. 7 - Source Code Upload: Upon final payment by the Client, the website files shall be uploaded to the server. After upload, Loop Creative will test the uploaded files to ensure that full functionality has been delivered consistently. 8 - Enhancements: the Client may submit work requests for features beyond the scope of the agreed upon specifications. On an Enhancement request, Loop Creative shall determine additional costs and notify the client before proceeding.
2. GuaranteeLoop Creative represents and warrants to the Client that it has the experience and ability to perform the services entered into by this Agreement; that it will perform said services in a professional, competent and timely manner; that it has the power to enter into and perform this Agreement. All development will at the time of completion be: fully functional; secure; error-free. Where the development may container errors; development bugs, Loop Creative will ensure the rectification of such errors at no cost to the client.
3. Copyright 3.1 - Original Ownership: All original icons, logos, illustrations, and graphic designs created by Loop Creative for use on the Client's website are the exclusive property of Loop Creative until all fees have been paid in full. 3.2 - Transfer: On receipt of the total fee by Loop Creative, the Client is authorized to have exclusive use of all icons, logos, illustrations and graphic designs appearing on the Client's website for purposes of marketing,advertising, and promotion of the Client and it's subsidiaries. Loop Creative agrees that it's work product produced in the performance of this Agreement shall remain the exclusive property of Client, and that it will not sell, transfer, publish, disclose, or otherwise make the work product available to third Parties without Client's prior written consent. Any rights granted to Loop Creative under this Agreement shall not affect Client's exclusive ownership of the work product.
4. ConfidentialityLoop Creative acknowledges access may be given to information which relates to the Client’s past, present, or future products, vendor lists, creative works, marketing strategies, pending projects/proposals, and other proprietary information. Loop Creative agrees to protect the confidentiality of the Client’s proprietary information and all physical forms thereof, whether disclosed to Loop Creative before this Agreement is agreed to or afterward.
5. Compensation the Client agrees to pay Loop Creative 50% of the total project cost before any services are provided, and the remaining 50% is to be paid before any workable files are delivered. If the parameters of the Work change, or if it involves more time than estimated, Loop Creative will inform the Client about additional costs.
6. Client Approval Upon acceptance of the Work (websites, coding, development), the Client accepts responsibility for any further processes in which this work is used (e.g. film outpost, printing, etc.) Loop Creative is not responsible for errors occurring in this work or projects related to this work after acceptance of the Work by the Client.
7. CancellationBoth parties understand that the Client or Loop Creative may terminate the service at any time if, for any reason, the relationship is deemed unsatisfactory by either party. Upon 1 week written or verbal cancellation, the Client is responsible for payment for all expenses incurred and any work done towards the completion of the project based on the percentage of the project completed that is determined by Loop Creative. Should the Client cancel the project following it's completion, the Client will have no recourse as to claim back the deposit. In the event of cancellation, Loop Creative retains ownership of all copyrights and original work created.
8. Product & Service Terms 8.1 - Landing Page: Limited to a single web page. 8.2 - Starter Site: Limited to three web pages. 8.3 - Portfolio: Requires a database. 8.4 - CMS Site: Requires a database. Excludes a checkout system, product listings and shopping cart. 8.5 - eCommerce Site: Excludes onsite and offsite payment gateways. 8.6 - All website orders are to be reviewed upon request. The displayed pricing figures are subject to change upon request. Loop Creative may determine or alter any price figures prior to acceptance by the Client.
9. Acceptance of Termsthe Client agrees to pay for the services rendered by Loop Creative for the Work as agreed upon. By signing this agreement, or agreeing via our website order form, the Client agrees they have read, understood, and are considered legally bound to these terms and conditions.
10. Conflict of Terms & ConditionsWhere a conflict of Terms & Conditions may arise in relation to website development, the Terms & Conditions found on this page (http://loopcreative.co.za/websiteterms) will take precedent over any other Terms & Conditions.