Terms of service
The following terms and conditions apply to all services, including website development and design services, (the Services) provided by Digivalie.com to the Client, in conjunction with any relevant quotation provided to the Client by Digivalie (Terms), unless otherwise agreed in writing. Acceptance of a quote, purchase and/or use of the Services shall be considered acceptance of the Terms.
1. Payment Terms
1.1 Fees to Digivalie are due in accordance with the quote sent to the client. Fees for monthly services, website maintenance and hosting will be invoiced and are due on a net-30-day basis.
1.2 All payments are made in ZAR (South African Rand). Current payment methods include Payfast.
1.3 A full payment is required from the Client in order for Digivalie to start with the project.
1.4 The client will also be responsible for the payment of any third-party software, plugins or integrations requested from the client.
2. Privacy
2.1 Digivalie hereby states that it will not sell, share, or rent the client’s personal data to any other entities, including third-party websites.
2.2 Any credit card information will be processed through third-party websites such as Payfast.
3. Completion and required documentation
3.1 Client and Digivalie must work together to complete the project in a timely manner. Digivalie agrees to work expeditiously to complete the project no later than the launch date (depending on the date of acceptance of the agreement).
3.2 The Client is to provide all Required Documentation electronically to DigiValie, within 10 (ten) calendar days after the Invoice date or product purchase confirming the received payment, to initiate work on aforementioned quoted products and/or services, unless they are to be created as part of the project.
3.3 The Client’s quoted and accepted products and/or services will only be queued and allocated accordingly after compliance with Terms & Conditions 3.2.
3.4 Digivalie is responsible for providing training material to the client in order to effectively manage the store in case of an ecommerce store.
3.5 The client is responsible for managing the orders on the store. Order management can include the changing of the order status within the Woocommerce dashboard, shipping & packaging of the product and providing customer services.
4. Assignment of project
4.1 Digivalie reserves the right to assign subcontractors to this project to ensure the right fit for the job as well as on-time completion.
5. Feedback, revisions and approvals
5.1 Digivalie will present the website to the client for feedback once the design is finished. The client will then have 5 business days to submit feedback on the website in line with the scope of the project. (The scope of the project will be showcased on each product or package. The scope can also be sent with a quote)
5.2 If the feedback from the client is not submitted within 5 business days, then the delivery date will be extended by 7 days.
5.3 The delivery date will be subject to the completion of the questionnaire (all the information needed to build the website) and the size of the website.
5.4 The client will have a total of up to 3 revisions regarding the project for as long it falls within the scope of the project.
5.5 Client may be charged an additional fee if they decide to make changes to the agreed-upon project scope and objectives.
6. Legal and license
6.1 Digivalie warrants that the functionality contained in the project will meet Client requirements and that the operation will be reasonably error-free.
6.2 The entire risk as to the quality and performance of the project is with the Client. In no event will Digivalie be liable to the Client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of/or inability to operate the website, even if Digivalie has been advised of the possibility of such damages.
6.3 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.
7. Copyrights & trademarks
7.1 The Client has to ensure they have the Copyright for all material supplied to us.
7.2. Digivalie, employees, independent contractors, affiliates, agents, agencies or any associates involved in a Client’s products and/or services, will not be liable or held responsible for any Copyright disputes.
7.3 If and when Digivalie is informed that material was provided without the required Copyright, illegal content will be removed immediately and the Client will be billed with the cost thereof.
7.4. Digivalie does not take any responsibility for any and all content supplied by the Client without proper Copyright whatsoever.
8. Ownership
8.1 Any website that was quoted as a once-off payment will be owned by the client once the payment was fully made.
8.2 For the first month, the client will pay an additional fee for the registration of the domain name/ web address if requested from client. Digivalie will transfer the domain name to the client’s registrar if the client wishes to terminate these terms and the client still wants to own the domain name.
8.3 Digivalie has the right to take down the website if the payment was not made.
9. Termination of terms and agreement
9.1 If Digivalie is unable to complete the website in time for any reason then Digivalie will deliver the currently completed work and downgrade or refund part of the payment to suit the current size and functionality of the website.
9.2 If the client decides to terminate the terms and agreement after the project is completed, then the full bill will be owed to Digivalie for the website.
9.3 The client is eligible for a full refund within 7 days after the purchase was made. After the 7-day grace period, no refunds will be issued unless 9.1 falls in place.
10. Warranties
10.1 Digivalie agrees that if anything malfunctions on the website, it will be rectified and supported free of cost — provided the fault was in the programming or designing of the website.
10.2 If the website is damaged due to an incident caused by the client or anything beyond the scope of Digivalie services, the client would pay for the repairs.