Alphabyte Web Creations

Terms and Conditions

All the legal stuff

  1. This document forms an integral part of any proposal or agreement by Alphabyte Web Creations and the Terms and Conditions are binding on Alphabyte and on existing and new clients.
  2. The Terms and Conditions may be changed at any time, and such changes are binding. The latest version of the document will always be available on our web site at www.alphabyte.co.za and it is advisable for all clients to refer to the latest version from time to time. In the case of any major substantive changes, existing clients will be advised by email of such changes.
  3. Should an existing client not be prepared to accept such changes, he is required to notify us in writing within a period of two weeks, clearly stating the reasons therefore.
  4. In most cases a specific “Web Design Proposal” will be drawn up for a particular project. It may occur that there are overlapping or contradictory references between these Terms and Conditions and the specific Proposal, in which case the Proposal will take preference.
  5. All text and photos to be included on the web site shall be provided by the client. It is the client’s responsibility to ensure that such material is not subject to copyright held by a third party.
  6. It is kindly requested that all material supplied by the client:
    • Be provided in electronic format, preferably via e-mail, alternatively on a CD.
    • Be in standard Microsoft format (MS-Word document, Excel spreadsheet or PowerPoint presentation), jpg format for photos and gif format for other graphics. Other formats may also be acceptable – please consult with us on the matter.
  7. In all cases where a deposit is required, such deposit will be payable up front and no work will be undertaken on the web design until the deposit has been received.
  8. Our first consultation/visit (usually of about one hour duration) will normally be free of charge and at no obligation to the client. Where further visits are requested by the client for the purpose of clarifying design requirements, or for subsequent updates to an already existing site, these will be charged for at our standard hourly rate (including traveling time). We may at our discretion waive this cost or include it as part of the contracted fee.
  9. On completion of the design the work will be submitted to the client for approval.
    • On approval by the client the balance of the quoted price becomes payable and Alphabyte will invoice the client accordingly.
    • Should the client not be satisfied he is required to submit detailed reasons therefore within a period of one week, failing which it will be assumed that the work is acceptable and the balance of the quoted price becomes payable.
  10. In the unlikely event that we are unable to satisfy a client’s needs or wishes, the web site will be removed and the balance of the fee will be waived. The deposit is however non-refundable. Under these circumstances the client MAY NOT make any use of the designs or concepts that we have developed.
  11. Additional work or changes requested by the client after acceptance will be invoiced additionally, unless provided for in the Proposal.
  12. We kindly request that an invoice be paid within a period of two weeks. If it is not paid within that time a reminder will be sent to the client. If after a period of a further two weeks the invoice is still not paid, we reserve the right:
    • To remove the web site in question until such time as payment is received; and/or
    • To replace the home page with a notice that the web site is temporarily suspended pending payment.
  1. Where a new domain name (e.g. www.mydomain.co.za) is to be registered or an existing domain name is to be transferred we shall register Alphabyte as the domain owner, unless otherwise requested by the client. We do this not to gain any unfair control of the name, but simply to prevent the client from receiving confusing messages from the hosting authority.
  2. The client may at any time request that domain ownership be transferred to himself or to a third party. Provided that there is no payment outstanding to Alphabyte, we shall approve and facilitate such transfer. The client will be responsible for any costs involved.
  3. Copyright and ownership of any material supplied by the client (text, graphics or photos) remains with the client. It is the client’s responsibility to ensure that any such material supplied is not subject to copyright by a third party.
  4. Copyright and ownership of the web design components remains with Alphabyte until full payment is received, upon which the copyright and ownership is immediately granted to the client.
  5. Renewals: Renewal of hosting and/or maintenance contracts will normally be on an annual basis. As we are required to confirm or cancel the renewal of the hosting account and the domain name registration before expiry of the 12 month period, we shall normally invoice such renewals after an initial period of 10 months, and thereafter annually (i.e. 12-monthly). These periods are taken into account in the cost structure. We request that an invoice be paid within a period of two weeks. If it is not paid within that time a reminder will be sent to the client, and if after a further two weeks the invoice is still not paid or if alternative payment arrangements have not been made, we reserve the right:
    • To remove the web site in question until such time as payment is received; and/or
    • To replace the home page with a notice that the web site is temporarily suspended pending payment. (We would really prefer to avoid such action - not only is it bad publicity for the client but it will have a negative effect on search engine listings as well.)
    • To cancel the hosting account and domain name registration.
  6. Should the client subsequently decide to re-instate his web site:
    • A new contract may be required.
    • New hosting set-up and domain registration fees will be payable.
  7. Transfer/Cancellation: Should a client decide to cancel his contract with us or to transfer his hosting elsewhere, we unfortunately cannot refund any monies already paid as our hosting costs and domain renewal fees are paid annually in advance.
  8. Disclaimer:
    • We are not responsible for any loss of any form or nature whatsoever by the client.
    • We do not host any web sites ourselves. Although we take great care in the selection of our hosting service provider(s) we cannot guarantee the up-time nor the availability of the site at any specific time.
    • We cannot guarantee the site against possible defacement by a malicious third-party; however in the very unlikely event that this should occur we shall take whatever steps we can to re-instate the site as soon as possible.
    • We cannot guarantee any e-mail addresses against misuse by third parties (spam mail).
    • Although Search Engine Optimization (SEO) is an important element of our designs, we cannot give any guarantees with regard to search engine listings or placements.
    • We cannot be held responsible for any copyright infringements on material supplied to us by the client.