Terms & Conditions

Terms & Conditions

All website development / design services provided by IKOYOH to the Client are subject to the following terms and conditions.

1. Acceptance

Clients do not need to sign an acceptance of these terms and conditions for them to apply. By accepting a quote, the Client is deemed to be satisfied with the terms applicable and to have accepted them in full.

By purchasing or using our services, you acknowledge that you have read and accepted our terms and conditions.

 

2. Charges

Detailed information about the charges for the services to be provided by IKOYOH is included in the project quotation / proposal that the Client receives via e-mail. After thirty (30) days, IKOYOH reserves the right to alter or decline to provide a quotation.

A minimum of sixty percent (60%) of the total project quotation amount is required before any web design and web development work can begin, unless otherwise agreed upon with the Client. The remaining forty percent (40%) of the project quotation total, due upon completion of the work, prior to upload to the server or release of materials. All graphic design, search engine marketing, content marketing and social media services must be paid in full upfront.

Services must be paid by EFT. Bank details will be provided on the invoice.

3. Client Review

At the time of the design phase and after the overall website development is completed, IKOYOH will provide the Client with an opportunity to review the website’s appearance and content. Unless the Client notifies IKOYOH otherwise within ten (10) days of receiving the materials, they will be deemed accepted and approved at the completion of the project.

4. Turnaround Time and Content Control

Upon receiving initial payment, IKOYOH will install and publicly post or supply the Client’s website by the specified date, or at a date agreed upon with the Client once IKOYOH receives initial payment, unless a delay is specifically requested by the Client and agreed upon by IKOYOH.

As a condition of this agreement, the Client agrees to designate one individual as the primary contact to assist IKOYOH in completing the commission in a satisfactory and expedient manner.

5. Failure to provide required website content:

As an online business, IKOYOH must maintain efficiency by ensuring the work we have scheduled is completed on time.

It is for this reason that we request all the required information in advance. In the event that we cannot make progress on your website because the required information has not been provided within the agreed timeframe and as a result are delayed, we reserve the right to charge a surcharge of up to 25%. If your project involves Search Engine Optimisation, we will need your site’s text content in advance so that we can plan and complete the SEO work efficiently.

We reserve the right to close the project if you fail to provide us with the required information within two (2) weeks of project commencement, and we require that the balance be paid immediately. In other words, the above condition simply states that you must wait until you are ready to start before giving us the go-ahead.

Text content should be delivered in Microsoft Word, an email (or similar) document, or a Google Drive document, in which the pages represent the content on your website. Please contact us if you require clarification on the titles of these pages. They should have the same titles as the agreed website pages.

6. Payment

Final payment is required upon completion, but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copies of invoices. Invoices are due upon receipt. Invoices that are not paid within thirty (30) days will be subject to a service charge of twenty percent (20%) or more of the total amount due per month, whichever is higher.

7. Additional Expenses

For example, the client agrees to reimburse IKOYOH for any additional expenses necessary for the completion of the work.

8. Web Browsers

We make every effort to ensure that our websites are designed to be viewed by the majority of visitors at IKOYOH. Websites are optimized for the most popular current browsers (e.g. Firefox, Internet Explorer, Chrome, etc.). Client agrees that IKOYOH cannot guarantee correct functionality across all browsers and operating systems.

Upon designing and handing over the website to the Client, IKOYOH cannot accept any responsibility for web pages that do not display acceptably in new browser versions. As such, IKOYOH reserves the right to quote for any work involved in updating the website design or website code so that it works with updated browser software.

9. Default

Accounts not settled within thirty (30) days of the invoice’s due date will be viewed as in arrears. Should the delinquent Client have any records or documents stored on IKOYOH Web space, we reserve the right to delete such material from our online location. We won’t be held accountable for any losses resulting from this deletion. Taking away these materials doesn’t take away an individual’s liability to pay whatever fees remain unpaid on their account. Defaulting Clients also agree to reimburse IKOYOH for any costs, including attorney fees and third-party collection agency expenses, incurred while enforcing our applicable Terms and Conditions.

10. Termination

Upon receipt of a written notice of termination by the Client, the services will cease. Unless and until a written termination request has been confirmed, e-mail or telephone termination requests will not be honored. Invoices for design work completed to the date of cancellation will be sent to the Client within thirty (30) days for payment in full.

11. Indemnity

IKOYOH services may only be used for lawful purposes. You agree to indemnify and hold IKOYOH harmless from any claims resulting from your use of our service.

12. Copyright

The copyright of data, files and graphic logos provided by the Client is retained by the Client and IKOYOH is given the rights to use and publish such material. The Client must obtain permission from third parties for any information or files that are copyrighted by them, as well as granting IKOYOH permission and rights to use such material. The Client agrees to indemnify and hold harmless IKOYOH from any claims due to their inability to obtain adequate copyright permissions. By signing a contract for website design and/or placement, the Client assures IKOYOH that they have obtained all necessary permissions and authorities. Upon request, evidence of these permissions may be required.

13. Standard Media Delivery

This Agreement generally requires the Client to provide text in electronic format and photographs, graphics or other visuals physically or electronically. IKOYOH shall do their best to return any items provided by the Client, but they are not able to make a guarantee.

14. Design Credit

A link to IKOYOH will appear in either small type or by a small graphic at the bottom of the Client’s website. Graphics will be designed to match the overall site design. Also, IKOYOH may include the website created for the Client in its portfolio if the Client agrees to it.

15. Access Requirements

In order to install the Client’s website on a third-party server, IKOYOH requires temporary access to the Client’s storage directories via FTP, which must be accessible to the Client. A server might also need to be configured with other resources depending on the nature of the project.

16. Post-Placement Alterations

Once the Client’s pages have been installed, IKOYOH cannot be held responsible for any alterations made by a third party. This includes, but is not limited to additions, modifications, or deletions.

17. General

As a result, these Terms and Conditions supersede all previous representations, understandings, or agreements. By signing below or paying an advance fee, the Client agrees to and accepts these Terms and Conditions.

18. Social Media Management

In social media marketing and management, a client’s products or services are promoted using social media channels. Providing a minimum three (3) months’ contract and monthly payments are received in advance, IKOYOH will honor the components of your chosen social media package. Should payment not be received on time, we regret that further work will be halted until it is resolved.

19. Governing Law

This Agreement shall be governed by The Laws of South Africa.

20. Liability

We, IKOYOH, exclude ourselves, our employees, and our agents from all and any liability for:

Any loss or damage caused by an error;

Omission-related loss or damage;

In the production of the website, any loss or damage caused by delay or error;

It does not matter whether the loss or damage resulted from negligence or not.

In the event of any claim or breach of this Agreement, whether or not arising out of negligence, IKOYOH entire liability is limited to the amount paid for the Services under this Agreement in respect of which the breach occurred.

22. Severability

In the event any one or more provisions of this Agreement are invalid, illegal or unenforceable, the remaining provisions of this Agreement shall remain unchanged and the Agreement shall not be void because of this alone. A provision that is invalid, illegal or unenforceable shall be replaced by one that is mutually acceptable, valid, legal, and enforceable, which is closest to the original intention of the parties.

Refunds and Cancellations

Web Design

Once a deposit or payment is made, it is non-refundable. Payments for custom design projects are made in increments as a courtesy to the client, or as a discounted upfront payment. In the event that a project is cancelled or postponed, IKOYOH retains all monies paid and, if applicable, the client must pay a fee for any work completed in excess of what has already been paid for.

Web Development

For custom web development projects, payment is made in increments as a courtesy to the client, or as a discounted upfront payment. Once paid, it cannot be refunded. All monies paid by the client will be retained by IKOYOH if a project is canceled or postponed, and if necessary, the client will be liable for any additional work completed beyond what was already paid.

Search Engine Optimization, Internet Marketing and Social Media Optimization

Payments for Search Engine Optimization, Internet Marketing and Social Media Optimization services are non-refundable and IKOYOH do not offer returns for fees paid in advance. Once a payment or deposit is made, it becomes non-refundable. Consequently, all Setup fees are also not eligible for reimbursement as these costs were already incurred by IKOYOH. In the event that a project is cancelled or delayed, any monies paid will be kept by the company and if necessary, an additional fee should be paid by the customer, depending on the amount of work completed beyond what has already been compensated.

 

 

 

 

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