Software Applications, Mobile App, Graphics, Video, and Website Design & Development Terms & Conditions

Haimsa iT is a software applications, mobile app, graphics, video, and website design and development company servicing companies in South Africa offering the client Graphical Designs, HTML, CSS, JavaScript, .NET, and other related computer programming languages.

 

These terms and conditions are applicable to all software applications, mobile app, graphics, video, and website design and development projects that are undertaken by Haimsa iT. If the project is to be hosted by Haimsa iT, then the Hosting Terms and Conditions will apply.

 

The following Terms and Conditions document is a legal agreement between Haimsa iT and “Client” for the purposes of all Website, Mobile and Software Design and  Development, Graphics Design Development & Video Development projects. These Terms and Conditions set forth the provisions under which the Client may use the services supplied.

 

 

These are the standard terms and conditions for Website Design and Development, Graphic Design & Development, and Video Animation Design & Development and apply to all contracts and all work that is undertaken by Haimsa iT for its clients.

 

 

A 50% deposit of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the design and development work. The remaining 50% shall become due when the work is completed to your reasonable satisfaction but subject to the terms of the “approval of work” and “rejected work” clauses. We reserve the right not to commence any work until the deposit has been paid in full.

 

The 50% deposit is only refundable if we have not fulfilled our obligations to deliver the work required under the agreement. The deposit is not refundable if the development work has been started and you terminate the contract through no fault of ours.

 

 

You must supply all materials and information required by us to complete the work in accordance with any agreed specifications. Such materials may include but are not limited to, photographs, graphical images, video, soundtracks, written content, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we have the right to extend any previously agreed deadlines by a reasonable time frame.

Where you fail to supply materials, and that prevents the progress of the work, we have the right to invoice you for any part or parts of the work already completed.

 

 

We are pleased to offer you the opportunity to make revisions to the design and content. However, we have the right to limit the number of design proposals and changes to the content to a reasonable amount and may charge for additional designs if you make a change to the original design specification.

 

Our design and development phase is flexible and allows certain variations to the original specification. However, any major deviation from the specification will be charged at our current prescribed hourly rates.

 

 

Any time frames or estimates that we give are contingent upon your full co-operation and submission of complete and final content for the work to be done. During development, there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process.

 

 

On completion of the work, you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved.

 

Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the 50% balance of the project price will become due.

 

 

If you reject any of our work within the 7-day review period or do not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as at an end and take measures to recover payment for the completed work.

 

 

Upon completion of the 7-day review period, we will invoice you for the 50% balance of the project.

 

 

You must obtain all necessary permissions and authorities in respect of the use of all copies, written content, graphic images, soundtracks, video, registered company logos, names, and trademarks, or any other material that you supply to us to include in your development.

 

You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.

 

You allow Haimsa iT to brand its name in the footer of every page with “Powered by Haimsa iT’ with a URL hyperlink to our website.

 

 

Once you have paid us in full for our work we grant to you a license to use the website and its related software and contents for the life of the website.

 

 

We do not guarantee any specific position in search engine results for your website, apps, or video. We perform basic search engine optimisation according to current best practices. this is service is free and once-off.

 

 

 We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay may arise.

 

 

 To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements, or representations whether express, implied, statutory, or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded.

 

Without limiting the above, to the extent permitted by law, any liability of Haimsa iT under any term, condition, warranty, or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform. 

 

 

We reserve the right to subcontract any services that we have agreed to perform for you as we see fit without notifying you.

 

We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party. 

 

 

You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third-party software such as widgets, plugins, stock photographs, fonts, domain name registration, web hosting, travel, or comparable expenses.

 

 

You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.

 

 

We will supply your account credentials for domain name registration and/or web hosting that we purchased on your behalf when you reimburse us for any expenses that we have incurred.

 

 

The agreement is constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of South Africa. You and Haimsa iT submit to the non-exclusive jurisdiction of the courts in South Africa in relation to any dispute arising under these terms and conditions or in relation to any services we perform for you.

 

 

 By using current versions of well-supported content management systems such as “Joomla, WordPress, Wix, Drupal, Mobirise, BootStrap, etc”, we endeavour to ensure that the websites and or applications we create are compatible with all current modern web browsers such as the most recent versions of Edge, Firefox, Google Chrome, and Safari. Third-party extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best-effort basis, where any incompatibilities are found.

 

 

You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Haimsa iT and its subcontractors from any claim, penalty, tax, tariff loss, or damage arising from you or your clients’ use of Internet electronic commerce, transactions, and payment gateways.

 

 

You agree that these terms and conditions may change from time to time without notice. The latest Terms and Conditions will be made available on our website.