Terms & Conditions

Acceptance of Work
Permission and Copyright
Material
Hosting
Website Design
Compatibility
Website Optimization
Payment of Accounts
Your Privacy
Complaints Procedure
Indemnification
Non Disclosure

Acceptance of Work


Quotations are valid for 7 days from date of issue.

When the Client places an order to purchase any services from Xplore Studio, the order represents an offer to Xplore Studio to purchase the services which is accepted by Xplore Studio only when an invoice is sent to the Client. No contract for the supply of services exists between Client and Xplore Studio until Xplore Studio sends an invoice to the Client for payment. The invoice equals acceptance by Xplore Studio of Clients offer to purchase services from Xplore Studio and this acceptance of work is a valid contract between Client and Xplore Studio regardless of whether Client receives the invoice.

Any other services on the order which have not been included in the invoice do not form part of the contract. The Client agrees to check the details of the invoice are correct and should print and keep a copy for their records.

Xplore Studio reserves the right to withdraw from a contract at any time prior to acceptance.

Permission and Copyright


All pages, images, text and code on www.xplorestudio.co.za are copyrighted material.

Client and any visitors to Xplore ‘s website may not use any of the pages, images, text or code on the website for use on Client's or visitors own web site or to create a website or templates without prior written permission from Xplore Studio.

Client agrees that resale or distribution of the completed files in full or in part is forbidden unless prior written agreement is made between the Client and the Xplore Studio.

Client hereby agrees that all media and content made available to Xplore Studio for use in the project are either owned by the Client or used with full permission of the original authors. The Client agrees to hold harmless, protect and defend Xplore Studio from any claim or suit that may arise as a result of using the supplied media and content.

Client agrees that Xplore Studio reserves the right to include any work done for the Client in a portfolio of work.

Material


Developer reserves the right to refuse to handle:
  • Any media which is unlawful or inappropriate;
  • Any media which contains a virus or hostile program;
  • Any media which constitutes harassment, racism, violence, obscenity, harmful intent or spamming;
  • Any media which constitutes a criminal offence, infringes privacy or copyright;
  • Any other questionable media at Xplore Studio's own discretion.

Hosting


Xplore Studio reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the free hosting service should the necessity arise.

Client agrees to take all legal responsibility for use of third party domain name, hosting and email services and hereby agrees to indemnify and hold harmless Xplore Studio from any claim resulting from the Client's publication of material and use of the domain name, hosting and email services. Any support or payment due relating to the domain name, hosting and email services are to be made between the Client and the third party service.

Website Design


Whilst every endeavor will be made to ensure that the website and any scripts or programs are free of errors, Xplore Studio cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.

The website, graphics and any programming code remain the property of Xplore Studio until all outstanding accounts are paid in full.

Any scripts, applications or software (unless specifically agreed) written by Xplore Studio remain the copyright of Xplore Studio and may only be commercially reproduced or resold with the permission of Xplore Studio.

Xplore Studio cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

Any additions to briefs provided will be carried out at the discretion of Xplore Studio and where no charge is made by Xplore Studio for such additions, Xplore Studio accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.

The client agrees to make available as soon as is reasonably possible to Xplore Studio all materials required to complete the site to the agreed standard and within the set deadline.

Xplore Studio will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

Xplore Studio will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. eg. any disputes re content/images that have been provided to us for inclusion on the site.

Xplore Studio will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.

Xplore Studio will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.

A deposit of 40% is required with any standard project and 50% for database driven projects before any design work will be carried out.

Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary. Once full payment is received for a website, it is assumed that the project has been completed to the clients satisfaction and no refunds can be offered. We do offer free updates for a month after completion to allow for any final amendments that may be required.

Compatibility


Xplore Studio will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer Version 6 and up and also up to an acceptable level with Mozilla browsers. Xplore Studio can offer no guarantees of correct function with all browser software.

Website Optimization


Due to external factors, such as changes to the way search engines rank websites, we cannot offer any guarantees regarding the position we will achieve for websites. The process of optimizing websites itself will bring in more traffic and hits and you'll see visits increase to your site naturally. We cannot accept liablility for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.

We use 'white hat techniques' when optimizing websites and always aim to achieve a top ten ranking for your website within six months of undertaking the optimization process.

Xplore Studio reserves the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.

Payment of Accounts


A deposit is required from any new client before any work is carried out. It is the Xplore Studio policy that any outstanding accounts for work carried out by Xplore Studio or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with Xplore Studio.

Additional work requested by the Client which is not specified in the agreed quotation is subject to a separate quotation and Xplore Studio reserves the right whether to quote or accept additional work. If additional work is accepted by Developer may effect timescale and overall delivery time of the project.

Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.

If accounts are not settled or Xplore have not been contacted regarding the delay, access to the related website may be denied and web pages removed.

Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.

Your Privacy


We do not share or sell any of your details with third party companies, without your express permission and we will only email you or contact you about work related matters.

Complaints Procedure


Informal procedure

Anyone who experiences a problem with their web service provided by Xplore should raise the matter directly using our Contact Us form to do so, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.

Xplore will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.

Formal complaints procedure

The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.

A formal complaint should be made in writing to Xplore, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.

An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.

Indemnification


Client agrees to use all Xplore’s services and facilities at their own risk and agree to defend, indemnify, save and hold Xplore harmless from any and all demands, liabilities, costs, losses and claims including but not limited to attorney’s fees against Xplore or it's associates that may arise directly or indirectly from any service provided or agreed to be provided or any product or service sold by the Client or its third parties. Client agrees this indemnification extends to all aspects of the project, including but not limited to website content and choice of domain name.

Client also agrees to defend, indemnify and hold harmless Xplore against any liabilities arising out of injury to person or property caused by any service provided or agreed to be provided or any product or service sold by the Client or third parties, including but not limited to, infringement of copyright, infringement of proprietary rights, misinformation, delivery of defective products or services which is harmful to any person, business, company or organisation.

Non Disclosure


Xplore and any third party associates agrees that, except if directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information. Likewise, the Client agrees that it will not convey any confidential information about Xplore to another party.

By accepting a quotation or making a payment of invoice to use the services supplied, the Client acknowledges to have read, understand, and accept the Terms and Conditions of this Agreement, and agrees to be legally binding by these Terms and Conditions.

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