1. STANDARD TERMS AND CONDITIONS
These are the standard terms and conditions for Website Design & Development and website / email hosting undertaken by RubyMoon Creative.
2. PAYMENT & FEE STRUCTURE
2.1 A 50% non-refundable deposit of the total fee payable is due immediately upon your instruction to proceed with design and/or website work.
2.2 I reserve the right not to commence any work until the deposit has been paid in full.
2.3 The remaining 50% shall become due when the work is completed to your reasonable satisfaction.
2.4 Upon Completion of Services the full amount is payable before the website will be made live.
2.5 RubyMoon Creative creates websites in WordPress, using the Elementor Pro page builder, and therefore makes use of the WordPress platform and plugins that are available for this platform. I do not code or claim to do so. Any specific functions, that requires the purchase of specific plugins, will be for the clients account. Also, any additional services will be billable at the discretion of RubyMoon Creative.
2.6 Printing and production costs are not included in any of the Branding or Print Design Services.
3. ADDITIONAL EXPENSES
The client agrees to reimburse RubyMoon Creative for any requested expenses which do not form part of the original proposal including but not limited to the purchase of templates, third party software, stock photographs, fonts, domain name registration, web hosting or comparable expenses.
If the website is content heavy and exceeds 512MB in size, an additional fee of R1500 will be charged to purchase the unlimited version on WP All in One Migration, to reinstall your website should anything happen that will require a re-installation. (This has not happened as yet). The purchase will only be required if the site crashes due to unforeseen circumstances.
4. SUPPLY OF MATERIALS
4.1 The client must supply all materials and information required by RubyMoon Creative to complete the work in accordance with the agreed specifications. These materials may include, but are not limited to, photographs, written copy, logos and other marketing material.
4.2 Should there be any delay in supplying these materials to RubyMoon Creative, which leads to a delay in the completion of work, RubyMoon Creative reserves the right to extend any previously agreed deadlines.
4.3 Should you fail to supply materials and in doing so, prevent the steady progress of the work, RubyMoon Creative have the right to invoice you for any part or parts of the work already completed or invoice you for additional time spent on your project.
5. VARIATIONS / REVISIONS
5.1 I do offer you the opportunity to revise the design. However, I have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification.
5.2 The website development phase is flexible and allows certain variations to the original specification. However, any major deviation from the specification might be quoted and charged for.
RubyMoon Creative cannot be held responsible for delays out of our control including due to load shedding, loss of internet connection, equipment or software failure and hosting services.
7. APPROVAL AND COMPLETION
On completion of the work you will be notified and have the opportunity to review it. Once the site has been approved, or deemed approved, work cannot subsequently be rejected, and the contract will be considered to be completed and the 50% balance of the project price will become due immediately.
8. OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS, TRADEMARKS AND COPYRIGHTED MATERIAL
The client is expected to acquire all the necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trade marks, or any other material that you supply to us to include in your website or web applications.
9. SEARCH ENGINE OPTIMIZATION (SEO)
RubyMoon Creative do not guarantee any specific position in search engine results for your website. We offer basic search engine optimisation according to current best practice.
RubyMoon Creative (and any sub-contractors we engage with) hereby agree that we will not at any time disclose any of your confidential information to any third party.
RubyMoon Creative will maintain the website backups for the first 6 months after the website went live. (Backup / and plugin updates every month for a period of 6 months from when the site went live). Thereafter the client may opt for RubyMoon Creative’s Maintenance Package or the client will thereafter be responsible for the site backups and/or plugin updates. RubyMoon Creative will however not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.
Although all the necessary precautions are taken by RubyMoon Creative, we will not be held liable for any viruses, hacking, malicious content or any Security breaches pertaining to any third party applications or to the client’s website / hosting services.
13. OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING
RubyMoon Creative will supply to you account credentials for domain name registration and/or web hosting that we purchased on your behalf when you reimburse us for any expenses that we have incurred. The domain name purchased remains the property of Nadine Lombard, on behalf of RubyMoon Creative until full payment has been received as agreed.
14. BROWSER COMPATIBILITY
By using current versions of well supported content management systems such as “WordPress”, we endeavour to ensure that the websites we create are compatible with all current modern web browsers such as the most recent versions of Firefox, Google Chrome and Safari. Third party extensions, where used, may not have the same level of support for all browsers.
Kindly note that WordPress and Elementor Pro will not be compatible on Internet Explorer – here is why:
Elementor officially supported Internet Explorer 11 for front-end display (excluding the Editor) up until version 3.0. Starting from Elementor 3.0.0, it will no longer officially support IE 11 at all, not even for front-end display.
Web standards and technology are constantly evolving, providing web developers with more features and better technology for creating websites and web applications. Modern Browsers like Google Chrome, Firefox, and even Edge (now Chromium-based), are constantly evolving with it, constantly being updated and improved upon. Do you know what’s not evolving, at all? Internet Explorer. Internet Explorer browser is old and outdated, and even Microsoft themselves say that using Internet Explorer is highly unrecommended. In addition, less than 3% of web traffic comes from IE browsers.
It is the client’s duty to comply with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify RubyMoon Creative and its sub-contractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.
I do not exercise any control whatsoever over the content of the information passing through the network, email or website or hosting services.
17.1 RubyMoon Creative makes no warranties or representations of any kind, even if expressed or implied for the service it is providing.
17.2 We also do not offer any warranty for any particular purpose and will not be responsible for any damages that may be suffered by Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of Client.
17.3 Use of any information obtained by way of RubyMoon Creative is at the client’s own risk, and Company specifically denies any responsibility for the accuracy or quality of information obtained through its services.
17.4 RubyMoon Creative does not guarantee speed or availability of end-to-end connections.
If legal proceedings are commenced to resolve a dispute arising out of, or relating to, this Agreement, the prevailing party shall be entitled to recover all costs, legal fees, and expert witness fees as well as any costs or legal fees in connection with any appeals.
Client shall indemnify and hold RubyMoon Creative harmless from and against any and all claims, judgments, awards, costs, expenses, damages and liabilities (including reasonable attorney fees) of whatsoever kind and nature that may be asserted, granted or imposed against RubyMoon Creative directly or indirectly arising from or in connection with Client’s marketing or support services of the product or services or the unauthorised representation of the product and services or any breach of this Agreement by Client.
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of RubyMoon Creative under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.
21. GOVERNING LAW
The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of South Africa.