The following Terms of Service are a legal and binding document, applicable to all products and/or services undertaken by Diginauts, for and on behalf of any Client(s) who have duly signed Diginauts’ quotation(s) for any such products and/or services, and therefore authorised Diginauts to render the aforementioned products and deliver said services.

Terms of Service:

1.  Project Specifications

1.1 The Client and/or Contracting Agency must supply the Project Specifications to Diginauts in order for Diginauts to issue an accurate and binding quotation.

1.2 If The Client and/or Contracting Agency requires further assistance with creating Project Specifications, Diginauts is willing to assist. This time may be billed to The Client and/or Contracting Agency at the discretion of Diginauts.

1.3 Any Additional Work (governed by Terms of Service 19.) must be supplied as additional Project Specifications.

2.  Quotation

2.1 Quotations are valid for 10 (ten) calendar days from the documented date on the Quotation.

2.2 Quotations do not include domain name registration or hosting fees unless otherwise specified.

3.  Acknowledgement

3.1 Upon a Client and/or Contracting Agency signing the Diginauts Quotation, The Client and/or Contracting Agency acknowledges that they have read and accepted these Terms of Service.

4.  Agreement

4.1 The Client and/or Contracting Agency acknowledges acceptance of the Quotation and these Terms of Service by paying 50% of the total quoted value as deposit to Diginauts stipulated bank and account details as provided.

4.2 Products and/or services as described in the Quotation will only commence, once The Client and/or Contracting Agency’s deposit has been confirmed as received by Diginauts, which will be reciprocated with a Statement allocating Payment to said Invoice.

4.3 Diginauts commit to work expeditiously to complete the quoted products and/or services within the Project Specifications and time-frames indicated as per the Quotation(s).

4.4 In order to deliver these products and/or services within the projected time-frames, The Client and/or Contracting Agency’s co-operation is paramount.

4.5 Diginauts can not be held responsible for delays outside of their control, including but not limited to Client Delays, Equipment Failure, Third Party Hosting Services, Third Party Service Providers and Internet Connections.

4.6 Diginauts endeavour to make websites that perform well in current major browsers, but can not guarantee backward compatibility (i.e. functionality on older devices and software).

5.  Deposit

5.1 Deposit(s) are non-refundable and non-negotiable.

5.2 Should The Client and/or Contracting Agency pay more than the required 50% Deposit, the balance is refundable within 10 (ten) calendar days should the Agreement be terminated by either party (refer to Terms of Service 24.).

5.3 Any amount paid by The Client and/or Contracting Agency, greater than the 50% required Deposit, does not construe or imply any additional right(s) other than what is stipulated in these Terms of Service.

6.  Required Documentation

6.1 Required documentation refers to any and all information necessary for the timeous commencement and delivery of products and/or services as described in these Terms of Service and indicated by the Project Specifications.

6.2 The Client and/or Contracting Agency is to provide all Required Documentation electronically to Diginauts, within 10 (ten) calendar days after the invoice date confirming the received deposit, to initiate work on aforementioned quoted products and/or services, unless they are to be created as part of the project.

6.3 The Client and/or Contracting Agency’s quoted and accepted products and/or services will only be queued and allocated accordingly, after compliance with Terms of Service 6.2.

6.4 If The Client and/or Contracting Agency does not supply Diginauts with the Required Documentation within 20 (twenty) calendar days from Invoice date, the entire amount of the Agreement becomes due and payable, should The Client and/or Contracting Agency choose to continue the Agreement with Diginauts.

6.5 If The Client and/or Contracting Agency still has not submitted or provided all the Required Documentation within 45 (forty-five) calendar days from Invoice date, an additional continuation fee of 15% of the total Quotation(s) will be billed for each month until the quoted products and/or services are completed.

7.  Copyrights

7.1 The Client and/or Contracting Agency has to ensure they have the Copyright for all material supplied.

7.2 Diginauts, employees, independent contractors, affiliates, agents, agencies or any associates involved in a Client’s products and/or services, will not be liable or held responsible for any Copyright disputes.

7.3 If and when Diginauts are informed that material was provided without the required Copyright, illegal content will be removed immediately and The Client and/or Contracting Agency will be billed with the cost thereof.

7.4 Diginauts does not take any responsibility for any and all content supplied from The Client and/or Contracting Agency without proper Copyright whatsoever.

8.  Written Content and Fonts

8.1 Unless otherwise specified in the Quotation, The Client and/or Contracting Agency shall supply all content wording to be published in accordance with the specified products and/or services.

8.2 Written Content must be supplied by The Client and/or Contracting Agency in formatted text (as The Client and/or Contracting Agency specifies it to appear), unless otherwise agreed to by Diginauts to design the layout thereof.

8.3 All fonts for Written Content shall be indicated by The Client and/or Contracting Agency in the Project Specifications.

8.4 Refer to “A Guide to Design a Website”, as digital quality and applicable format of Written Content and Fonts are determined by the use thereof in the Project Specifications.

9.  Graphic Images

9.1 Unless otherwise specified in the Quotation, The Client and/or Contracting Agency shall supply all Graphic Images to be published in accordance with the specified products and/or services.

9.2 Graphic Images (including but not limited to artwork and logos) supplied by The Client and/or Contracting Agency, must be of high digital quality and applicable format.

9.3 Refer to “A Guide to Design a Website”, as digital quality and applicable format of Graphic Images are determined by the use thereof in the Project Specifications.

10.  Photographs

10.1 Photographs supplied by The Client and/or Contracting Agency must be of high digital quality and applicable format.

10.2 Refer to “A Guide to Designing a Website”, as digital quality and applicable format of Photographs are determined by the use thereof in the Project Specifications.

11.  Specified Colours

11.1 Colours specified by The Client and/or Contracting Agency must be supplied as Hex Codes.

11.2 Refer to “A Guide to Designing a Website”, as Specified Colours and applicable format are determined by the use thereof in the Project Specifications.

12.  Printing

12.1 Diginauts does not offer any printing products and/or services, therefore Diginauts takes no responsibility for print or Printing errors.

12.2 Completed graphic design, logo, or any artwork by Diginauts will be emailed to The Client and/or Contracting Agency, and The Client and/or Contracting Agency will enter into an agreement directly with the printer of their choice.

12.3 Screen colours and digital proofs can vary from litho Printing. To ensure colour and print quality, it is The Client and/or Contracting Agency’s responsibility to request a colour proof from their printers.

13. Website Hosting

13.1 If The Client and/or Contracting Agency uses a Third Party Service Provider on Diginauts’ recommendation, The Client and/or Contracting Agency will enter into an agreement directly with that Third Party Service Provider.

13.2 Diginauts will not be held liable or have any responsibility for The Client and/or Contracting Agency’s Hosting Services via a Third Party Service Provider as we do not have control over the status of hosting and domain renewals.

13.3 All technical aspects of websites must be referred to The Client and/or Contracting Agency’s Third Party Hosting Service Provider.

13.4 Diginauts will assist The Client and/or Contracting Agency upon request with Third Party Hosting Service Provider(s). This time may be billed to The Client and/or Contracting Agency at the discretion of Diginauts.

14.  Search Engine Optimization (SEO).

14.1 Diginauts can not guarantee search positions or rankings of websites, but include Search Engine Optimisation (SEO) in the form of meta tags and descriptions, structure and basic content recommendations. Diginauts can assist The Client and/or Contracting Agency’s SEO if and when required and will issue The Client and/or Contracting Agency a Quotation accordingly.

15.  E-Commerce

15.1 E-commerce and online shopping website – please refer to our “Online Shop Requirements”.

15.2 E-commerce and online shopping website functionality does not come as a standard feature. The Client and/or Contracting Agency will be required to consult with Diginauts on any potential E-commerce and online shopping website functionality required. Diginauts will issue The Client and/or Contracting Agency a Quotation accordingly.

15.3 Diginauts will only load up to 30 products on the website on The Client and/or Contracting Agency’s behalf. However, The Client and/or Contracting Agency will be able to load additional products. Limitations on how many products can be loaded may arise due to third party software license structures and/or hosting server data limitations. 

15.4 Should The Client and/or Contracting Agency require Diginauts to load more than the aforementioned 30 loaded products, Diginauts will issue The Client and/or Contracting Agency a Quotation accordingly.

    16.  Review and Changes

    16.1 On design completion of The Client and/or Contracting Agency’s website, the website will be available to review on a live staging domain in order for The Client and/or Contracting Agency to preview and respond with amendments and/or improvements. Diginauts require the necessary feedback from The Client and/or Contracting Agency to be in line with the agreed upon project timelines. Diginauts is not responsible for project delays where feedback from The Client and/or Contracting Agency is late.

    17.  Balance of Payment

    17.1 The Client and/or Contracting Agency is required to email the Proof of Payment to Diginauts, which will be reciprocated with a Statement, allocating payment to said Invoice, to The Client and/or Contracting Agency, when said funds are confirmed by Diginauts.

    17.2 All work remains the property of Diginauts until the full and final payment is received.

    18.  Completion Date

    18.1 Activation of The Client and/or Contracting Agency’s website is conditional to the Terms of Service 17. above.

    18.2 The Completion Date of a project is affected by feedback and received content from The Client and/or Contracting Agency. Time-frames will be adjusted within reason, notwithstanding these Terms of Service.

    18.3 The Client and/or Contracting Agency will be notified when the website is activated, and then The Client and/or Contracting Agency will have 10 (ten) working days to report any faults or request minor alterations (within the initial Agreement), in writing by email.

    18.4 Should Diginauts not receive a reply within 10 (ten) working days via or email, The Client and/or Contracting Agency’s website is considered finalised and complete. 

    18.5 Please note that any further adjustments or amendments after this date will be at an additional cost as set out in Terms of Service 19.

    18.6 Once the staging domain website has been approved by The Client and/or Contracting Agency, Diginauts will endeavor to get the website live on the official website domain address within the project timeline, Diginauts will not be responsible for any delays that may arise from the third party hosting provider during the process.

    19.  Additional Work

    19.1 Additional Work requested and agreed to, or any other work in progress for The Client and/or Contracting Agency’s website after the Completion Date of the original Agreement, will be billed monthly in accordance with these Terms of Service, quoted and agreed to.

    19.2 All payment(s) and time-frame(s) as set out in these Terms and Conditions shall apply.

    19.3 Scope creep (view our Scope creep document) will not be tolerated, and setting clear goals, objectives and specifications in the initial negotiations and Project Specifications with Diginauts remain the responsibility of The Client and/or Contracting Agency.

    19.4 Diginauts may suggest Additional Work for The Client and/or Contracting Agency’s project, including but not limited to graphic design, software, etc. to enhance The Client and/or Contracting Agency’s website functionality and appearance, and reserves the right to do so free of charge or Diginauts will issue The Client and/or Contracting Agency a Quotation accordingly.

    20.  Service Agreement

    20.1 The Client and/or Contracting Agency may request Diginauts access to their website’s Content Management System (CMS). Upon doing so, The Client and/or Contracting Agency indemnifies Diginauts from any changes made by The Client and/or Contracting Agency or any third party to the website, which includes but is not limited to any content changes, software updates, added software, or loss of information.

    20.2 A restoration fee in accordance to these Terms of Service, quoted and agreed to, will be billed when having to restore a website.

    20.3 Diginauts commit to respond to any technical error, which may be the result of their design, software or any plausible fault, omission or neglect on their part within this agreement(s), within 5 (five) working days.

    20.4 Diginauts are not liable to Client(s) or responsible for said products and/or services of Client(s) whose accounts are not paid up to date.

    21.  Invoices and Statements

    21.1 Diginauts is not a credit service provider and does not grant any credit facilities whatsoever.

    21.2 Client Statements and accounts do not imply negotiable payment terms, and are issued in accordance with the nature of Diginauts being a month-to-month service provider.

    21.3 Diginauts endeavours to issue and email Client Statements, 7 (seven) calendar days prior to the last calendar day of each month, unless the date falls on a public holiday or weekend.

    21.4 All Invoices are billed to The Client and/or Contracting Agency’s account and e-mailed to The Client and/or Contracting Agency in accordance with these Terms of Service, and payments made by The Client and/or Contracting Agency are allocated to Invoices on the Statement upon Diginauts having confirmed receipt of said funds.

    21.5 Invoices, corresponding payments received, and due balances will reflect on The Client and/or Contracting Agency’s Statement.

    21.6 Due to the nature of the business, additional Client Statements will be issued and e-mailed for all overdue balances and additional fees Invoiced, on the 1st (first) and 7th (seventh) calendar day of each month consecutively and cumulative, unless the date falls on a public holiday or weekend.

    22.  Consultations

    22.1 Telephonic, online or email queries will be responded to free of charge, within reason, for confirmed Clients and/or Contracting Agencies according to Terms of Service 4.1. The reasonability of free time granted is at the sole discretion of Diginauts.

    22.2 Meetings and consultations will be charged at the discretion of Diginauts, in accordance to these Terms of Service, quoted and agreed to.

    23.  Legal Costs

    23.1 Failure to comply with these Terms of Service regarding payments and fees will result in legal action from Diginauts’ legal representative(s), and the full outstanding balance becomes payable.

    23.2 All legal costs resulting from non-payment will be accrued to The Client and/or Contracting Agency’s outstanding balance.

    24.  Cancellations

    24.1 Should The Client and/or Contracting Agency cancel the project at any time, all fees up to that point of work will be calculated. Any amount greater than the 50% deposit will be billed to The Client and/or Contracting Agency. This is payable within 7 (seven) calendar days of Invoice date.

    24.2 Diginauts will only refund Client’s amounts paid, greater than the 50% deposit for products and/or services not delivered in accordance to the initial Agreement(s), or balance thereof in accordance to Terms of Service 24.1.

    24.3 Hosting and Domain Fees are non-refundable, as these are paid in advance.

    24.4 Diginauts reserves the right at its discretion to cancel this Agreement should The Client and/or Contracting Agency breach any of the Terms of Service stated herein.

    25.  Security

    25.1 Diginauts will not be held liable for any viruses, hacking, malicious content or any Security breaches pertaining to any third party applications or to The Client and/or Contracting Agency’s website.

    25.2 Diginauts’ Chosen Hosting service provider may at any time suspend a domain should any viruses or malicious content be exposed through hacking or security breaches to any third party application or website.

    25.3 Security products and services are not included as part of Diginauts website design solutions and will need to be sourced by The Client and/or Contracting Agency to a third party web security provider.

    26.  General

    26.1 Diginauts reserves the right to make changes to these Terms of Service at any time without prior consent of any or all of their Clients, employees, independent contractors, affiliates, agents, agencies or any other third party agreements.

    26.2 These Terms of Service are legally binding in accordance with the publishing date hereof, as incorporated on Diginauts own website , and date of signing a product and/or service delivery Agreement(s) with Diginauts.

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