1) Commencement, Duration & Termination Or Cancellation
1.1) Your agreement with Net Age begins when you sign your quote, and once the initial period is complete, continues until either party cancels the agreement. Signing the quote, physically or electronically, represents a binding agreement with Net Age, and your acceptance of these terms and conditions.
1.2) The initial period depends on the payment terms you selected. You can’t cancel anything you have received, or that we have done work on, until such time as you have paid them off, or settled the outstanding account in full.
1.3) If your account is completely up date, you can cancel any service with just 1 calendar months notice. We just need an official notice of cancellation, on a company letterhead, signed by the person in charge.
1.4) If it turns out that we’re really not compatible with you, we can cancel the agreement too, in which case we’ll also give you 30 days notice, and we’ll supply you with everything we’ve done for you that you’ve paid for.
2) Fee’s, Invoicing, Payments & Cancellations
2.1) Debit orders will be run by the 25th of every month.
2.2) All payments are due within 30 days of the date of invoice, except for Google spend amounts, which are due immediately on receipt of invoice in order to keep your campaigns running.
2.3) All Google spend amounts are pre-paid to Google in advance each month on behalf of the client, so it’s important to pay the spend invoices.
2.4) If your account is in arrears of 30 days or more, you’ll be charged interest at prime+2% based on the lending rate of the Standard Bank of South Africa.
2.5) By accepting these terms, you agree to being sent invoices electronically. All invoices will be deemed received on the day after they are sent, and amounts will be considered due whether you receive the invoice or not. (If you know we invoice you, and you don’t receive it, please follow up with us.)
2.6) If your account falls into arrears, we reserve the right to suspend your services, your domain, or take your site offline, and if we have to suspend you, there may be a reconnection fee. If you have multiple accounts, services or domains, all of them will be subject to suspension in the event of non-payment. Please note that package payments or management fees will continue to be incurred for the duration of your suspension.
2.7) In the event of cancellation, we reserve the right to withhold the release of your domain or website until such time as your account is settled.
2.8) Domains will be renewed automatically and renewal invoiced, unless you instruct us in advance to cancel the domain.
2.9) Monthly charges for websites, which include hosting fee’s etc. will be charged from the date on which your prototype is created, as this is the point at which your site begins to take up resources on our servers, and shall continue until the notice period for cancellation is complete.
2.10) Management costs for any service are charged from the date of the signature of the quote, until the completion of the notice period for cancellation, irrespective of whether spend is incurred for the service or not.
2.11) We reserve the right to suspend your project within 6 months, if you haven’t provided us with the information we need in order to complete your project. All amounts outstanding will remain due.
2.12) We reserve the right to increase our charges annually.
2.13) If you cancel after we’ve started your project, but before it goes live, we’ll invoice you for the difference between the hours we’ve spent on the project so far, at our hourly rates, and what you’ve already paid us.
2.14) If you cancel, and there is still an outstanding balance on your account, we will exercise a lien on any property of yours we have , including domains, content and images, until such time as the account is settled, and no domains can be released unless your account is up to date.
2.15) If you default on your payments, we reserve the right to submit a negative credit report on you, and all services associated with your account will be suspended until such time as the account is brought up to date.
2.16) We assume our invoices are correct. If they’re not, you have 30 days to submit a query, otherwise the invoice will stand.
2.17) If you stop a payment, or a debit order is returned unpaid, we have reserve the right to charge a processing fee for each failed payment, for any payment which must be reversed, or costs if we have to recover outstanding amounts. We also reserve the right to track your account to recover outstanding debit orders if necessary.
3) General Terms
3.1) We use some checklists and an email based project management system to collect the information for your project. Approval sent for any stage via the project management system or email will be considered binding, as will any instructions sent via these methods.
3.2) We can’t be responsible for any delays in the project which result from awaiting your feedback, or for you to supply any of the information or content we need to finish. The longer it takes to get what we need, the longer your project will take.
3.3) All content (including images) you supply must be owned by you. We can accept no responsibility if your content violates copyright, and will not use any content which we know does so.
3.4) All images, design elements and content remain your property, with the sole proviso that your account is up to date.
3.5) Deposits, payments and fees paid to the Company are non-refundable, and incorrect payments that have to be reversed will incur an admin fee.
3.6) Website changes and maintenance are billed according to our hourly rate.
3.7) We can’t guarantee the action or behaviour of any 3rd party, including visitors to or users of your website. No matter what, we can’t make a search engine rank your site, or make somebody click or buy or contact you, much as we wish we could.
3.8) You indemnify us against any loss arising from any loss or damage, interruption of business, or any direct or indirect damages of any kind which may be attributable in any way to the use of our services, all of which use is at your own risk.
3.9) These online terms and conditions are the only valid copy. Any changes made to these terms will apply equally to any printed version of the terms, and we reserve the right to amend them as necessary. By signing the quote, you agree to accept these terms.
3.10) If you make any changes to your services or products, It’s essential that we have written confirmation before we can implement them. Until you confirm those changes in writing, they will not go into effect.
3.11) No indulgence granted in respect of these terms represents a waiver of the terms, nor does it reduce the enforceability of any of the terms on which indulgence was granted.
3.12) If any of these terms becomes legally unenforceable, it will be removed from these terms without affecting the enforceability of the remainder of them.
3.13) In the event that the services you have requested total more than R50,000, we reserve the right to carry out a credit check, the outcome of which may affect the payment terms we offer.
3.14) Please note that in the event that you are doing email marketing, and supply an existing mailing list, it is your responsibility to ensure that your list is permission based and opt-in, in line with the POPI regulations.
3.15) By accepting these terms, you also accept the Call Tracking terms if that service is supplied by us.
4) Website Stuff
4.1) If required, we’ll purchase licensed images for your site. Purchased images will be web-suitable only, so if you need additional images, or want different versions for things like print, you’ll have to buy versions in the applicable resolution yourself. Depending on the image requirements, costs may apply.
4.2) Website content is not included. You can supply it yourself, or we can write it for you at a fixed rate per page. If you supply it, we will format it and fix it up as needed. You’re responsible for any content or images you supply, and must have the right to use it.
4.3) All website packages are based on a fixed number of hours of design and development. If you go over those hours, additional hours will be billed at our hourly rate.
4.4) Each stage of your website requires approval from you, before we can move onto the next stage. At various times in the process, you’ll need to approve the design, the content, and any development your site involves. Before giving approval on each stage, you’ll have the opportunity to make changes. If you make changes to something after you’ve approved it though, those changes will be billed at hourly rates.
4.5) All our sites are designed to be compatible with the latest supported browsers. We can’t guarantee compatibility of functionality for obsolete browsers.
4.6) Payment gateways etc. involve 3rd party agreements, and as such, we can’t be responsible if they don’t work.
4.7) Custom development is built according to the supplied spec and approved development comps. Please make sure the spec and comps are correct before approving them, as changes to development after approval, or additional development not included in the spec, will be charged for at an hourly rate.
5) AdWords Stuff
5.1) You can pause your AdWords account at any time for a maximum of two months a year, or you may pause for one month, twice a year if your account with us is up to date. After this time period, campaigns will automatically be reactivated. Should you cancel during a pause, one month’s notice and management costs will still apply.
5.2) Due to reasons of intellectual property, the AdWords account remains the property of Net Age. As such, we charge no set-up fees for our AdWords services. All AdWords data is available to you via Analytics.
5.3) If you wish to take possession of your AdWords account on cancellation, an additional cost will apply for the set-up time of all campaigns in the account.
5.4) Spend is paid to Google monthly in advance for your account. If you do not pay your spend invoice on time, your campaign will be paused for lack of funds.
5.5) All AdWords packages are based on a set number of hours. Should your project grow to the point at which you require additional hours, we will notify you and await your confirmation for such hours, billed at our standard hourly rate.
6) Social Media Stuff
6.1) We will retain admin rights on any social media account until cancellation. Once you give notice of cancellation, we will transfer admin rights, and account ownership (if applicable) to you.
6.2) We only offer social media services during office hours.
6.3) We can’t accept any liability for social media responses made on behalf of clients.
7) Analytics Stuff
7.1) We’ll create a new Analytics account for the majority of projects. Clients will be granted User access to this account for as long as they are clients.
7.2) The Analytics account will have multiple profiles for website and marketing activity tracking, and in the event that you cancel, all profiles relating to our activity will be removed. The base account profile, including goals etc. will be turned over to you after you have cancelled.
7.3) If you have set up an Analytics account, you’ll need to give us Administrator access to it, so we can set up the relevant goals etc. Any additional investigation or changes we need to make as a result of website changes etc. will be billed at an hourly rate.