We have tried to outline everything that you need to know about our website development terms of service and we have made every effort to do this without getting into confusing "legal speak". Please read through all of it to ensure that you know and understand all the terms. If you are unclear on anything, please don't hesitate to contact us by email or telephone.

Site Design and Development - Dynamic and ecommerce Websites

1. Every quotation that we submit is valid for 30 days and is static within this period. If we happen to make a mistake and under-quote, we take the loss. The client will never pay more than was originally agreed for the service that was originally agreed, which is why we stipulate certain further terms and conditions.
    
2. The quotation incorporates all items covered in the client's proposal/quote, including certain amendments to the original mandate. Additional amendments thereafter can incur additional costs. This does not include basic tweaking or minor changes that are required to achieve the desired "polish" on the site, which forms part of the original quotation.
    
3. Should the client not be happy with the design of the site (aesthetics and layout), any changes/ amendments/ alterations that are required to achieve the design that the client is happy with will bare no additional cost, provided that these do not constitute a major amendment to the original mandate, in which case the limitations in point 2 above will apply.
    
4. In the unlikely event that the client had to dislike the entire site, we would do a complete custom redesign at no extra cost. Provided that we have followed the client's design specifications, this is limited to one redesign. However, if the site is still not satisfactory because the client changed the requirements, the second redesign would bear an additional cost to the client.
    
5. The client's quotation is of necessity based on various assumptions, which, if proven incorrect, may need the quotation to be revised. In such an event the quotation automatically becomes null and void and subject to a new quotation.
   
   Assumptions are as follows:
   
   
   • All content and required graphics will be provided by the client unless otherwise agreed in writing.
      
   • Copywriting (and copy typing) is not included in the site design fee, except to the extent of basic editing. Please note that this is not the same as copyright (ownership), which vests with the client as soon as full payment has been received.
      
   • The quotation includes a specified number of content and products (in the case of e-commerce websites) to be loaded. Should the client require Creative Designs to load additional content or products, an additional cost per item loaded will apply.
      
   • The development of a dynamic or ecommerce website constitutes a Content Management System and allows the client to alter content easily via an admin panel. It does not however include the ability to alter the design, features or functions of the system via the admin area.
      
   • Graphics provided by the client will be of high quality and usable, failing which delays in timing and/or additional costs may come into effect, for which Creative Designs may not be held liable in any way
      
   • Any time periods quoted assume no delays caused by the client and may be extended to take account of any such delays.
      
   • Any time periods quoted are calculated from the date of receipt of confirmation payment and the receipt of all required information and graphics from the client. This information includes the completion of any questionnaire that we provide in order to clearly ascertain the client's requirements.
     
      
6. Once the website has been developed it is uploaded onto the client's domain or on a Creative Designs domain, but remains inaccessible to the public. This is to afford the client the opportunity to evaluate the site and request any tweaks or changes that fall within the agreement.
    
7. Once the site is approved, hand-over will take place. From the time of handover the client is entitled to an additional *60 days free support to allow for issues that may not be identifiable prior to handover. In this time further tweaks and adjustments can be made as long as they fall within the scope of the original mandate.
    
8. A 50% deposit is payable as confirmation of order prior to commencement. Payment of any balance will be due within 30 days of final invoice date. Full publication of the Web Pages may take place only after full payment has been received. Any material previously published may be removed if payment is not received. When this occurs a minimum charge of R500 will be required to have the site restored.
    
9. Handover will take place after payment of the final balance due on the development fee.
    
10. Deposits are not refundable once work has commenced on the site or if the project is cancelled after 36 hours of payment of the deposit.
     
11. Completion date is taken to be no longer than 21 working days after initial upload, or upon final approval by the client, whichever period is the shorter.
     
12. The client is afforded an additional 5 working days after final upload as a final proofing period for critique and amendments. All required amendments that are communicated to us within this period form part of the original quotation. Amendments required after this period would bear an additional cost.
     
13. Dynamic and ecommerce websites are only developed if they are hosted on one of our servers. This is to ensure that everything works 100%, can be properly maintained and that upgrades and security patches can be seamlessly applied whenever these come available in the future.
    
    Please note: This does not mean that clients are under any obligation to continue hosting the site with Creative Designs. Clients are free to change to another hosting company at any time after handover of the site.
    
    Due to the fact that we have no control over how other servers are managed, free upgrades and maintenance are unfortunately only available on those sites that we have developed and while they are hosted on our servers.
     
14. All interactive and dynamic functionality is backed by 100% guarantee and unlimited support for a period of 1 month after final upload, subject to the following:

• Payment of the full balance outstanding for the development of the site must have been paid within 5 days of the relevant invoice.
• Support does not cover all aspects of user-inflicted damage. If a problem occurs because of something that the client has done, we are happy to assist wherever possible, but an additional fee may be charged depending on the time required to rectify the problem.
• Support does cover minor modifications to existing features and functions.
• Support includes tutorials, guidance and full email and telephone support with regard to using the admin area and various features and functions of the site.
• Support is limited on sites that are not hosted on our servers. We recommend that clients host on our servers until at least such time as it is certain that there are no glitches and the site is operating 100%. This makes any trouble-shooting that may be required much quicker and easier to accomplish.
• This clause 14 does not apply to any dynamic or ecommerce site not hosted on our servers.

Billing
Recurring Billing
Invoices are sent out each month for sites which are hosted with us. All credit cards are billed automatically monthly. Debit orders are processed monthly. It is the clients responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, as a courtesy, we will send out an email notification requesting manual payment, or new billing information. If we do not receive a response within 24 hours, the account will be deactivated and any accounts under that account plan.

Account Deactivations
Any account deactivated due to non-payment, is subject to a R170.00 reconnection charge. Accounts not paid by due date are subject to a R55 late payment fee. Accounts that are not collectable by Creative Designs may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a “Processing and Collection” fee of not less than R500 or more than R1200. If you wish to cancel your account, please follow the proper procedure to do this as outlined in this document.

Currency
All prices are in South African Rands. We are not responsible for any currency exchange fees of your credit card company or bank.

Refund Policy and Disputes
All payments for domain registration and any other services including website design or graphic design to Creative Designs are non-refundable (please see our Customer Service Guarantee). This includes the one time setup fee and subsequent charges regardless of usage. You may cancel your account at any time with a 30 day cancellation notification.

All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred.

Domain Registrations & Transfers
A domain registered through Creative Designs will always be registered in the name of the client / client’s company. A domain may be transferred to another hosting provider at any stage, with at least a 30 day written notice. The client needs to fax or email us a signed letter, on a company letterhead (where applicable), indicating their intent to transfer the domain name, before any transfer will be accepted for a domain name.

Please include the following details:
Name, email address, Domain name, Telephone Number, Reason for Cancellation, together with a copy of your ID.

You must have all account information to cancel. We do not cancel accounts via Live Chat, Help Desk or any other way due to security reasons.

Non-usage of hosting account, account inactivity or if you have moved to another host, phone requests will not constitute acceptance of any cancellation. For information on refunds please see the heading “refund Policy and Disputes”.

• Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damage resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be held liable for any special or consequential damages, loss or injury.

Cancellation of Services
Creative Designs reserves the right to cancel a client’s hosting services at any stage, giving a refund for certain monies paid in advance. The design payment made upfront for new website projects is non-refundable. Furthermore, the refund also excluded the purchase of any items for which a refund cannot be provided, such as domain name registration. Creative Designs will give the client 30 days to find another suitable hosting company for their site. After the 30 day notice period, the client’s website, email and other hosted services will be deleted from our servers. Creative Designs will not be held responsible or liable for any loss of data or information due to service deletion.

High Resource User Policy
Resources are defines as bandwidth, processor utlization or disk space.

Creative Designs may implement the following polity to its sole discretion.

Creative Designs accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner, which impairs network performance, is prohibited by this policy and may result in termination of your account.

When the resources utilized by a customer in using a service are abnormally high, Creative Designs reserves the right to suspend that service immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our services. Customers may be offered an option whereby Creative Designs continues supplying the service under reduced usage criteria specified by Creative Designs. Failure to comply with such measures may result in your service being terminated.

Terms & Conditions
Creative Designs reserves the right to revise, amend, or modify our Terms & Conditions policy at any time and in any manner. It is the client’s responsibility to check this page on a regular basis for updates.

Limitation of Liability
Creative Designs shall not be held responsible for any claimed damages, including incidental and consequential damages, which may arise from Creative Designs servers going off-line or being unavailable for any reason whatsoever. Furthermore, Creative Designs shall not be held responsible for any claimed damages, including incidental or consequential damages, resulting from the corrpution or deletion of any web site from one of Creative Designs servers. All damages shall be limited to the immediate termination of service. All clients are advised to pull regular backups of their sites. We cannot be held responsible for missing files, data or lost business out of this.

You agree to indemnify, defend, and hold harmless Creative Designs from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which may damage either you, Creative Designs, or any other third party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and web site content.

Violations of these Acceptable Uses Policies should be referred to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

All complaints will be investigated promtly. Failure to follow any term or condition will be reason for immediate account deactivation.

Disclaimer
Please note that all website content is provided by the website owner. Creative Designs cannot be held responsible for incorrect or offensive material on any of our hosted websites. In addition, we are not in any way responsible for the actions of any of our clients, including the sending of illicit, unwelcome, spam or any other kinds of emails using email addresses, which are hosted with Creative Designs. Service Rates
Client acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the Client. Client is aware that Creative Designs may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Creative Designs achieving and maintaining it’s cost of service goals including but not limited to rates charged to company by its suppliers.

Creative Designs cannot be held liable for unexpected system downtime, crashes or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain equipment, routing, software, and programming used by Creative Designs  are not directly owned or written by Creative Designs. We also depend on the services and terms of our upstream data centers. Moreover, Creative Designs holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as Creative Designs sees fit. We cannot be held liable for links to other sites placed on our systems by clients - the client/owner of a site is responsible for the content and activity of his/her site.

Account Activation
By activating your account with Creative Designs, you agree to the above policies and disclaimer.

NOTICE: If you sign up for an account and do not follow our terms, no refunds will be given. We will, however, notify you by phone or email before any action is taken and you will have a chance to solve the matter.

Furthermore, Creative Designs retains the right to change any or all of the above Policies, Guidelines and Disclaimer without notification. We also retain the right to increase any pricing, and make changes to our account plans without notification. Our services may only be used for lawful purposes - any use of these services which violates any laws which may apply to Creative Designs, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited. You also agree that you as the person legally responsible for all use of this account, are at least 18 years of age. If you are under 18 years o age, you need to have parental consent in order to sign up, and the account must be ordered by a parent or guardian, in their own name. You agree to supply Creative Designs with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us, and you understand that we have an obligation to fully investigate any possible fraudulent credit card use.

Money Back Guarantee
If you do not like our service during the first 30 days and you would like to move on to a different web hosting provider, we will refund your web hosting fees. Unfortunately we are not able to refund the setup fees (if there are any) as this is a one-time fee to activate your account. The guarantee is also void if you use more than 2GB bandwidth on your account. This is to protect Creative Designs from people who move from web host to web host by using similar guarantees to gain access to 'free' resources. 30 days, as well as 2GB bandwidth should give each customer enough time to test our services and performance of our support and of our servers. The 30 day money back guarantee only applies to web hosting services. Domain Name Registration or web design services or any other service we might provide are not included and not covered under this guarantee. Please see here for our 100% Satisfaction Guarantee.

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