STANDARD TERM AND CONDITIONS
Power Media provides a variety of digital media design solutions and services for print, the Internet and website design.
Power Media aspire to provide our client’s with an affordable and totally professional service ensuring their specific design requirements are met.
If a quotation is accepted and signed or verbally by the client, Power Media undertakes to render the specific services contracted to the client. The client agrees that the following terms and conditions will apply to the services and together with the signed quotation or verbal agreement will form an agreement with Power Media.
1. THE SERVICES RELATED TO THE CLIENT:
1. An original design or “mockup” of your new website, artwork or any other project will be presented to you within one week after we have received your 50% deposit.
2. Thereafter, limited alterations will be made to the design to ensure a satisfactory “look and feel”.
3. The content of the website, artwork or publication, such as text information and photographs, are solely the responsibility of the client.
4. Power Media will only accept text information in a digital format such as Word (.doc) or Notepad (.txt) to speed up the website development process.
5. Any data capturing, scripts & active content will be charged for additionally.
6. Photographs and images used in the design-layout of your website need to be sent in a decent resolution as this greatly affect the quality of the design.
7. Power Media reserves the right not to accept any content that is messy or incoherent in any way, but will provide assistance during the process.
8. Content needs to be presented in such a way that our design team knows exactly where each piece of information and each photograph have to be placed.
9. Only once we have received all the relevant content , we will take the development process further.
10. The amount of time this process may take depends on the size and intricacy of the project.
2. THE CLIENT’S OBLIGATIONS
2.1 The client knows that:
2.1.1 the services can only be rendered after the agreement has been entered into, the requested deposit paid and any documents required by
Power Media have been received by them;
2.2.2 he has to pay Power Media any money owed for the services.
2.2.3 The client guarantees that all information provided in the agreement and any information to be given by him in future and information given
to Power Media in an instruction received electronically, will be correct in every way. The client will inform Power Media of any change in
such information and will have no claims against Power Media if any such information is wrong.
The client will not at any time:
2.3. transfer any of his rights under these terms and conditions without the prior written permission of Power Media; and
2.4. use the services in any way that may harm Power Media.
3. POWER MEDIA’S OBLIGATIONS
The Client agrees that:
1. Power Media will not investigate the authority of any person who uses or has used the services provided by Power Media, and will not be required to investigate the correctness of any information provided by the client for the services; and
2. Once Power Media has received and implemented an instruction given by the client, the client will not be allowed to change the instruction but will have to follow Power Media’s normal procedures.
Project orders and instructions can be placed in writing and or verbal communication. There upon such orders shall be binding!
All information required for the project, including electronic text information, photographs and specifications must be provided within a reasonable time from date of signing of the contract and payment of the required deposit. Only once all relevant information has been received and the required deposit paid, will work on a project commence. Failure to supply content and information which may hinder completion of the project by the specified date will be billed in accordance with point 8. All changes after the agreed project specification and final approval of proofs will be billed accordingly.
The client is solely responsible for any legal liability arising out of or relating to content supplied by the client to Power Media and or executed by Power Media as per the client’s specification. Power Media reserves the right to exclude any information or materials, in whole or in part, that it, in its sole discretion, deems to be offensive indecent, or otherwise inappropriate regardless of whether such material or its dissemination is unlawful. The client represents to Power Media an unconditional guarantee that all elements of text, graphics, photos, designs, trademarks or other artwork, in data, print, audio or video form, as furnished to Power Media for inclusion in a project are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect and defend Power Media from any claim or suit arising from the use of such elements furnished by the client.
Unless otherwise agreed Power Media shall deliver the work as directed by the client and the client shall pay delivery charges as appropriate. Notwithstanding paragraph 11 below, risk in the client’s work shall pass to the client on delivery of same to the client, a carrier or other person acting for Power Media, whether or no Power Media is instrumental in aiding such delivery through organizing the delivery from the Company’s premises. Power Media will not be liable for any loss or damage resulting from delivery after the indicated completion date nor for any delays occurring subsequent to the client’s work leaving the Power Media premises.
All fees exclude VAT (@ 14%). Unless otherwise agreed in writing, all charges shall be quoted for payment by the agreed date as per project order. Any queries with regard to payment must be raised within 7 (seven) days of the payment date. Power Media reserves the right to require the client to make full or part payment prior to any project being undertaken by Power Media. All other payments shall be made to Power Media on presentation of invoice. The invoice shall be payable within a maximum of 7 (seven) days from presentation. Without prejudice to any other remedies it may have, Power Media reserves the right to charge the client interest at the best overdraft rate quoted to Power Media by the First National Bank of South Africa on balances outstanding. Such interest is to accrue on a daily basis and be compounded and added to the outstanding balance at monthly intervals. A website will not be put online until final payment has been received.
9. COMPLETION OF PROJECT
It will be the sole discretion of Power Media to determine when an order has been completed in accordance with the specifications and requirements of the specific agreement. Once the order has been finalized, the client will be required to sign off the completed work and make final payment of all outstanding monies.
Until full payment has been received each project order being considered as a whole, all rights, title, interest created from or arising in favour of Power Media from or to the work, shall remain vested in and shall be excusable by Power Media (notwithstanding that Power Media may have parted possession with same) and the client hereby assigns to Power Media entirely any such rights, title or interest.
11. LAIBILITY AND INDEMNITY
Save as otherwise expressly provided in these terms, the client shall indemnify Power Media, its directors, employees, servants, sub-contractors, agents, shareholders and any of them against any and all liabilities, actions, losses, claims, proceedings, judgments, damages, obligations, costs and any expenses of any nature whatsoever (including but not limited to legal fees, costs and expenses), made by whomsoever which may at any time be incurred by or imposed on them arising directly or indirectly out of or in connection with the acts or omissions of the client, its servants, agents or representatives, including but not limited to, claims by any third party or breach of copyright or defamation relating to any work carried out for the client. Power Media shall not be liable for any loss, consequential, special, incidental, punitive or otherwise, arising directly or indirectly from the failure to supply any work agreed to be supplied by Power Media to the client due to circumstances beyond its control. Power Media shall not be liable for any loss, damage, costs or expense whatsoever and howsoever caused, incurred, sustained or arising from a failure to disclose such information to Power Media or from incorrect and/or incomplete information furnished to Power Media or from misrepresentations.
12. PROPRIETARY RIGHTS
Property in any work reduced to a permanent recorded medium provided to the client by Power Media shall pass to the client in accordance with the provisions in paragraph 10 hereof, provided always that the copyright and all other intellectual property rights of whatsoever nature in the software, database and programming tools, skills, knowledge and technique (as the case may be) employed by Power Media in providing the work shall be and shall remain vested in Power Media and there shall be no consent or waiver in respect of such software, database and programming tools, skills, knowledge and technique.
13. ANNUAL FEES AND INCREASES
A yearly domain renewal fee will be charged in accordance with the South African domain regulator. Standard yearly increase will be applied to the agreed monthly hosting fee.
Any complaints concerning the quality of the work must be made in writing within 3 (three) days of receipt. If the client is able to satisfy Power Media that defect has arisen other than through defects in the client’s materials, Power Media following the client’s instruction of defects inherent in the relevant process then Power Media will at its own expense use its reasonable endeavours to rectify such defects.
Power Media reserves the right (without prejudice to any of its other rights against the client) to terminate a project agreement by notice in writing to the client at any time.
Any notice to be served hereunder shall be in writing and may be served personally, by email or by post, in case of Power Media at its main place of business or in the case of the client at the client’s last know address or to its registered office and shall be effective 1 (one) month from the date of receipt, if served personally.
If Power Media for any reason or purpose do no not immediately enforce or implement any of its rights in terms of this agreement it does not mean that it has abandoned or waived any of those rights.
It is agreed that no indulgence whatsoever by Power Media will affect the terms of this agreement or any of the rights of Power Media and such indulgence shall not constitute a waiver by Power Media in respect of any of its rights herein. Under no circumstances will Power Media be stopped from exercising any of its rights in terms of this agreement.
If Power Media cannot enforce any conditions under this agreement, it will not affect any of the other conditions in this agreement.
The client shall not be entitled to cede and assign any rights and/or obligations, which it may have in terms of this agreement, to any third party, unless, consented to it in writing by Power Media.
In the event of a breach, Power Media, shall have the right, without prejudice to any other right which it may have against the Client, to:
1. suspend or terminate the service(s) without notice and an reactivation fee will be charged.
2. cancel this agreement in any event without prejudice to Power Media’s right to claim damages.
1. Power Media provides no warranties or guarantees of any nature in respect of the service(s).
2. The client acknowledges having read and understood this agreement and is not entering into this agreement on the basis of any presentations not expressly set forth in it.
3. Power Media shall not be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the agreement between the client and Power Media or not.
4. In the event that any provision of this agreement conflicts with any statute, ruling or order of any governmental or regulatory body from time to time, then such provision of this agreement shall be controlled by the statute, ruling or order.
5. Should any of the terms and conditions of this agreement be held to be invalid unlawful or unenforceable, such terms and conditions, will be severable from the remaining terms and conditions, which will continue to be valid and enforceable.
6. This agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa.
7. You consent to us making enquiries concerning your credit history with any credit reference agency and to provide any such agency with both positive and negative information regarding the conduct of your account(s).
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