web-terms

Lutrix

Web Design Terms

The following terms and conditions apply to all services, including website development and design services, (the Services) provided by Lutrix Technologies Proprietary Limited (Lutrix Technologies) to the Client, in conjunction with any relevant quotation provided to the Client by Lutrix Technologies (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. Charges

Charges for the Services are defined in the project quotation that the Client receives from Lutrix Technologies via email. Quotations are valid for a period of 30 days. Lutrix Technologies reserves the right to alter a quotation or decline to provide the relevant Services after the expiry of the 30 days.

Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work commences. The remaining percentage of the project quotation total is due upon completion of the work, prior to uploading to the server or release of materials.

The Client agrees to reimburse Lutrix Technologies for any additional expenses necessary for the completion of the work. Expenses may include (but are not limited to) the purchase of domain names, special fonts, icons, stock videos and stock photography.

All Charges are exclusive of VAT.

2. Invoicing & Payment

Lutrix Technologies shall submit invoices in line with the timescales above. Invoices are normally sent via email but may be sent via WhatsApp, hard copy invoices are also available on request. Payment is due on receipt of the invoice by the Client.

Payment for services is due by cheque or bank transfer. Bank details will be made available on invoices.

If the Client fails to make any payment due to Lutrix Technologies by the due date for payment, a grace period of 7 days is given. If the client fails to make any payment due to Lutrix Technologies prior to the grace period, the client will have some of their services suspended until payment is made.

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Lutrix Technologies’s web space, Lutrix Technologies will, at its discretion, remove all such material from its web space. Lutrix Technologies 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. Cheques returned for insufficient funds will be assessed a return charge of P300 and the Client’s account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Lutrix Technologies reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Lutrix Technologies in enforcing these Terms.

3. Client Review

Lutrix Technologies will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Lutrix Technologies otherwise within ten (7) days of the date the materials are made available to the Client.

4. Turnaround Time & Content Control

Lutrix Technologies will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at the date agreed with the Client upon Lutrix Technologies receiving initial payment, unless a delay is specifically requested by the Client and agreed by Lutrix Technologies.

In return, the Client agrees to provide Lutrix Technologies promptly with all necessary co-operation, information, materials and data, access to staff and timely decision-making which may be reasonably required by Lutrix Technologies for the performance of the Services. This shall include the Client delegating a single individual as a primary contact to aid Lutrix Technologies with progressing the commission in a satisfactory and expedient manner.

During the project, Lutrix Technologies will require the Client to provide website content; text, images, movies, and sound files, along with any relevant background information.

5. Provision of Required Website Content

Lutrix Technologies is a small business, and to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions, we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.

This is why we ask that the Client provides all the required information in advance. On any occasion where progress cannot be made with the Client’s website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25% of the Charges. If the Services involve Search Engine Optimisation we need the text content for the Client’s site in advance so that the SEO can be planned and completed efficiently.

If the Client agrees to provide us with the required information and subsequently fails to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, do not give us the go-ahead to start until you are ready to do so.

NOTE: Text content must be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages must have the same titles as the agreed website pages. Contact us if you need clarification on this.

6. Web Browsers

Lutrix Technologies makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Google Chrome, Microsoft Edge etc.). The Client agrees that Lutrix Technologies cannot guarantee correct functionality with all browser software across different operating systems.

Lutrix Technologies cannot accept responsibility for web pages that do not display acceptably in new versions of browsers released after the website has been designed and handed over to the Client. As such, Lutrix Technologies reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

7. Termination

Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. Email or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for work completed (including any expenses incurred, as outlined in clause 1) to the date of first notice of cancellation for payment in full within thirty (30) days.

8. Indemnity

All Lutrix Technologies services may be used for lawful purposes only. The Client agrees to indemnify and hold harmless Lutrix Technologies against all damages, losses and expenses arising as a result of any and all actions or claims resulting from the Client’s use of Lutrix Technologies’s service.

9. Intellectual property

Background IP means any IP Rights, other than Foreground IP, that is used in connection with these Terms.

Foreground IP means any IP Rights that arise or are obtained or developed by, or by a contractor on behalf of, either party in respect of the services and deliverables under or in connection with these Terms.

IP Rights means patents, utility models, rights to inventions, copyright and neighbouring and related rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

All Background IP, including but not limited to any IP Rights in data, files and graphic logos provided to Lutrix Technologies by the Client, is and shall remain the exclusive property of the party owning it (or, where applicable, the third party from whom its right to use the Background IP has derived).

The Client hereby grants to Lutrix Technologies a non-exclusive licence to publish and use such material, which may be sub-licensed to any contractor acting on behalf of Lutrix Technologies. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Lutrix Technologies permission and rights for use of the same. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Lutrix Technologies that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested. The Client shall indemnify and hold harmless Lutrix Technologies against all damages, losses and expenses arising as a result of any and all actions or claims that any materials provided to Lutrix Technologies by or on behalf of the Client infringe the IP Rights of a third party.

All Foreground IP shall vest in and be owned absolutely by the party creating or developing it. Lutrix Technologies hereby grants the Client a non-exclusive licence of such Foreground IP for the purpose of operating the website.

10. Design Credit and Marketing

A link to Lutrix Technologies will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than P30 000, a fixed fee of P3000 will be applied.

The Client agrees that the website developed for the Client may be presented in Lutrix Technologies’s portfolio, and hereby grants Lutrix Technologies a worldwide, perpetual, non-exclusive license to use its name, logo and branding for advertising, marketing and promotional activities.

11. Digital Marketing

Lutrix Technologies will honour the components of your chosen digital marketing scope of work, providing an agreement to a minimum 3 months contract is served and monthly payments are received in advance. In the event that payment is not received on time, we regret that further work will be halted until this is rectified.

12. Liability

Nothing in these Terms shall operate to exclude or limit either party’s liability for: (a) death or personal injury caused by its negligence; (b) fraud; or (c) any other liability which cannot be excluded or limited under applicable law.

Lutrix Technologies shall not be liable under or in connection with these Terms or any collateral contract for any: (a) loss of revenue; (b) loss of actual or anticipated profits; (c) loss of contracts; (d) loss of business; (e) loss of opportunity; (f) loss of goodwill or reputation; (g) loss of, damage to or corruption of data; (h) any indirect or consequential loss; (i) loss or damage caused by any inaccuracy, omission, delay or error, whether as a result of negligence or other cause in the production of the website; or (j) loss or damage to the Client’s artwork/photos supplied for the website, whether as a result of negligence or otherwise.

The entire liability of Lutrix Technologies to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

13. Domain Names

Lutrix Technologies may purchase domain names on behalf of the Client. Payment in relation to, and renewal of, those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Lutrix Technologies. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

14. Third Party Products

Any third party software which Lutrix Technologies agrees to provide shall be supplied in accordance with the relevant licensor’s standard terms. The one-off licence fee for such third party software is included in the Charges payable pursuant to clause 1.

15. Hosting

Lutrix Technologies is not a hosting service and does not manage its own servers, and therefore cannot guarantee correct functionality when the client wishes we host on their behalf. In the event that the Client is using a third-party server, it is the responsibility of the Client and any third party host to ensure that the server is compatible with the website. Lutrix Technologies will assist the Client to configure the server if this is required. However, this may be subject to additional charges.

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

16. Maintenance