Introduction

From here on Karocki Media will be stated as “KM”

1. General

1.1.      Unless included in the work we are hired to create, all content (text, images, logo, etc…) must be supplied by you in a ready to use format. Any editing or corrections to supplied content may result in additional fees however we will not carry out any work that requires additional payment without your written consent.

1.2.      If it is deemed that any content or the purpose of said content does not act within the law and/or contain pornographic, hate, prejudicial or illegal material, we reserve the right to withdraw and suspend any products and services without refund.

1.3.      We reserve the right to decide what is classed as pornographic, hate or prejudicial content.

1.4.      Any suspected illegal activity will be reported to the authorities.

1.5.      If you accept a quotation we will continue to work on the project until you are satisfied at the quoted price. However, if you provide new content or structural changes, or delay a job more than a total of 90 days, the quotation may be subject to revision. Only KM can determine if a quotation is subject to revision.

1.6.      If you, the client delay a job for a period greater than a total of 90 days, you will be liable to pay all outstanding balances whether the job has not commenced or is incomplete. In order to continue, the quotation will be subject to revision

1.7.      Your website remains property of KM until paid for in full. Provided all payments are up to date, you may request the transfer of your website and/or domain name.

1.8.      We reserve the right to amend/update these terms and conditions at any time without prior notification.

1.9.      We reserve the right to refuse products and service to anyone.

1.10.   We can not be held responsible for any third party components or services that no longer provide their intended service/product.

1.11.   All design, artwork and photographs are to be provided in digital format only and quoted prices do not include print, manufacture or installation unless stated otherwise in the quotation.

1.12.   Artwork, photographs and source files created by KM remain ownership of KM and may be used in KM’s advertising and portfolio. You may request to purchase artwork or files for internal use or for other designers at an agreed cost.

1.13.   If anything stated on an official KM quotation contradicts our terms and conditions, the said items on the quotation will override these terms and conditions.

 

2. Websites Built By KM

2.1 General

2.1.1 A website may use third party extensions, components, templates, snippets, and plugins. (For example a WordPress template or plugin)

2.1.2 These extensions, templates, components, plugins, and snippets will hereafter be referred to as extensions.

2.1.3 These extensions may or may not need to be renewed, replaced or upgraded in order to keep them running. Extension support and depreciation is at the discretion of the third party authors who authored them and thus, may or may not cease to work after a period of time.

2.1.4 Should an extension cease to work in a desirable manner, KM has the right to charge an hourly or pre-defined rate in order to repair or replace the Extensions. The charge will cover both the cost to replace or repair the Extensions as well as labor.

2.1.5 The authors of these extensions may update them from time to time therefore Karocki Media can not be held liable for updates or changes to these extensions which may cause the website to malfunction, break, develop a security flaw or be hacked. In the case where an extension or plugin is updated (either automatically, by Karocki Media or by anybody working on the website) and consequently causes a problem as mentioned above, we will require confirmation from the client that we may go ahead and fix the website. This work will be billed for hourly or at an amount agreed on before the fix begins.

2.1.6 Should a website require any Google API such as: Google Maps API; Google Gmail API; Google Workdrive API, the client will be responsible for paying any charges required to maintain operations of the service. Karocki Media will either send you the charge of service or assist you with placing your card details as the primary billing method. Instructions for paying or placing your card details to be the primary billing method will be provided if requested.

2.2 SEO

2.2.1 SEO (Search Engine Optimisation) is not included in website builds by default. Please request for SEO to be quoted on.

2.3 Maintenance

2.3.1 Maintenance can include code updates and periodic checking that a website is functioning correctly. Where the website is CMS or WordPress based then maintenance includes updating of WordPress core, active themes and plugins only.

2.3.2 A standard website build is a one-off and does not include ongoing maintenance. We have various maintenance packages available, please request a quotation for ongoing maintenance of your website.

2.4 Security

2.4.1 We can not guarantee a websites security, many websites are hacked every day.

2.4.1 Our modern WordPress websites all include a security plugin which does a pretty good job of keeping the bad guys out. We do provide services for additional and advanced security features for both WordPress and other websites, these include one-off security implementations and/ or ongoing security. We always recommend added security but it does unfortunately add costs to the website build. Please request a quotation for additional security.

2.4.2 We recommend the use of a WAF (Web Application Firewall) to help protect any website. Please request a quotation to include a WAF.

2.5. Hacks

2.5.1 We charge by the hour to clean a hacked website. Please request should you want us to undertake a clean-up.

2.5.2. In some cases a website hack can harm the rankings of a website and its reputation. Unfortunately we can not accept responsibility for a hack or attack.

2.5.3 Some hacks are designed to crash a server. Your server or our server may experience downtime should one of these hacks/ attacks take place.

2.6 Management

2.6.1 We offer various management options for your website. The most common is a set amount of hours monthly. You would request changes and we would carry out the requested changes until the months hours are depleted.

2.6.2 Pre-defined monthly tasks will be carried out every month without your request as per 2.6.1 above.

2.6.3 Management packages are not included in maintenance, website builds or any of our work. Please request for a quotation on a management package.

 

 

3. Hosting and Domain Names

3.1.      We are not liable or responsible for any corruption of content, general damages, loss of content, damages caused by hacking and/or malicious scripts, spam or anything affecting your website or email negatively in any way.

3.2.      We are not liable for any breaks in service or limited/no access to your services

3.3.      Number of email addresses may not exceed the number stipulated within your hosting package.

3.4.      Standard updates will include changes to content only; such as contact numbers, names, email addresses or any content changes that will take no more than 15 minutes. A maximum of 15 minutes of content changes can be made per month and time cannot be carried over to following months.

3.5.      Standard support will only include assistance via email. The configuration of your software and hardware of your personal devices is your responsibility. KM is not responsible for ensuring your devices are setup correctly for our services. We supply general setup guidelines via our website to assist customers.

3.6.      Periodic site checks will be carried out and only of the main/home/landing/front page of the website. Any unusual findings will be addressed and/or reported.

3.7.      We reserve the right to determine which hosting package is required for a clients website.

3.8.      Unless otherwise stated in writing by KM, all quotations regarding websites are based on the website being built and hosted (for a minimum of one year after completion) on KM’s servers. If you wish to have your website hosted elsewhere during the build process or within one year of completion, you must make this aware to KM prior to receiving your quotation. Failure to do so affords KM the right to make the quotation null and void if we so wish and to re-quote. If you wish to transfer the website during the build process or within the first year of completion, additional cost may be incurred before any transfers are approved.

4. Email

4.1.    POP3, IMAP & web email

4.1.1.       All email accounts must be setup as POP3 and not IMAP unless specified by KM.

4.1.2.       At no point can you send bulk emails from your email address unless you are using a bulk mailer service and their server.

4.1.3.       We are not responsible for loss of emails, undelivered emails, breaks in service or limited/no service.

4.1.4.       If your email actively causes us to be black listed, an investigation will commence and the outcome may result in the suspension or cancellation of service and you being liable for a fine and/or prosecution.

4.1.5.       We are not responsible for the correct configuration and setup of your software and hardware of your personal devices. We supply general setup guidelines via our website to assist customers.

4.1.6.       Webmail will only be provided if KM deems necessary and may incur additional costs.

4.1.7.       In some circumstances, while building a website, KM will allow the use of email services associated to the websites domain name free of charge until the website is complete. KM reserves the right to allow and revoke this allowance at our own discretion. If you wish to move your hosting to another service provider before completion of the website or within one year of the website being complete, we are within our rights to charge you for all email services previously provided free of charge before any transfers are approved.

4.2.    Email & Bulk Email Anti-Spam Policy

4.2.1.       At no point may you use;

4.2.1.1.       Lists of e-mail addresses that have been purchased or rented

4.2.1.2.       Lists of e-mail addresses that have been copied or scraped off web pages.

4.2.1.3.       Any “third party” list whatsoever

4.2.2.       Any account that has violated this Anti-Spam Policy (or has tried to do so), will be terminated immediately.

5. Branding

5.1.    Logo design, logo redesign & logo refresh

5.1.1.       A “logo design” is a design of a new logo designed from scratch based on your guidance, our expertise, research and is not restrained by existing branding.

5.1.2.       A “logo redesign” is a design of a new logo based on your guidance, our expertise, research and is restricted by an existing logo or branding.

5.1.3.       A “logo refresh” is an evolution of your existing logo to bring it up-to-date.

5.1.4.       By allowing us to design your logo you accept that we will create the logo that we feel is best based on our knowledge, expertise and the information you have supplied.

5.1.5.       If we are given carte blanche or very little guidance and you are not happy with the results, the quotation may be subject to revision. However, if you supply sufficient guidance and you are unhappy with the design, we will continue at no additional cost to yourself.

5.1.6.       If you want something specific, it is your responsibility to inform us what that is.

5.1.7.       If you change your direction, needs, look and feel or anything previously specified, the quotation may be subject to revision

5.1.8.       Only KM can determine if a quotation is subject to revision.

5.2.    Brand Bible

5.2.1.       The length and content of the brand bible will be determined by KM unless stated otherwise in the quotation.

5.2.2.       A Brand bible is provided in a digital format only unless stated otherwise in the quotation.

5.3.    Visual Identities

5.3.1.       Any items for print will not be designed until KM is supplied with the printing specifications.

5.3.2.       If you, the client request a design that does not conform to standard sizes the quotation may be subject to revision.

5.3.3.       If you, the client make any changes to the direction of the visual identity, add any content, or make any changes what so ever, the quotation may be subject to revision.

5.4.    Signs & Banners

5.4.1.       All design is provided in digital format only and quoted prices do not include print, manufacture or installation unless stated otherwise in the quotation.

6. Printing, Manufacturing, Installation & Delivery

6.1.      All printing, manufacturing, and installations are outsourced to KM associates.

6.2.      KM can not be held responsible for the substandard quality or damaged products caused by a third party.

7. Search Engine Optimization (SEO) and Online Advertising

7.1.      KM can not be held responsible for any spam cause by SEO or online advertising.

7.2.      KM cannot guarantee that any SEO or advertising will result in an increase of sales.

7.3.      KM cannot guarantee that any SEO or advertising will result in an increase of website rank and traffic.

7.4.      Unless specified otherwise your financial contribution for the package will be evenly split between Google AdWords and other SEO.

7.5.      KM charge a setup fee of R400 unless your monthly Google AdWords budget exceeds R1000, then a 40% setup fee is applicable. Thereafter, a monthly fee of 20% of the Google AdWords budget will be charged for administering Google AdWords. If your Google budget exceeds R10,000 per month, these terms are negotiable.

8. Photography

8.1.      Photographs taken by KM remain the property of KM and may be used in KM’s advertising and portfolios unless agreed in writing before the photo-shoot.

8.2.      Photographs may not be used in any way without permission from KM or until they are released in writing by KM to the client.

9. Payment

9.1.    Amounts over R30,000

9.1.1.       A deposit of 50%  is required before we can schedule a commencement date.

9.1.2.       A further 25% is due 4 weeks after commencement.

9.1.3.       The final 25% is due within 30 days after completion. If the final amount is not paid within the 30 days, services will be ceased and all products will be repossessed by a third party acting on behalf of KM. If repossession is denied or not possible, fines and legal proceedings will begin. You, the client will still be liable for the full amount and once paid, services will be restored and products returned.

9.1.4.    Points 9.1.1 to 9.1.3 are not applicable if stated otherwise in the official KM quotation.

9.1.5.    If you the client cause a delay (thus extending the completion date) of more than 12 weeks on the project you will be liable to pay the outstanding amount immediately.

9.2.    Amount less than R30,000

9.2.1.       Work will not commence until a 50% deposit is received.

9.2.2.       The final 50% is due on the completion of the job and the product/service will not be released or go live until full payment is received unless stated otherwise in the official KM quotation.

9.2.3        If you the client cause a delay (thus extending the completion date) of more than 12 weeks on the project you will be liable to pay the outstanding amount immediately.

9.3.    Cash Deposits

9.3.1.       We do not except cash deposits due to their high service fee. If you pay an invoice with a cash deposit you will be charged for the service fee.

 

For more information or clarification on any of the terms and conditions written above, please use the contact form or the telephone number on our contact page.