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| SERVICE AGREEMENT (WDH 2503038) >>> | ||
| The CLIENT: **** Please type / write / add in any missing information **** | ||
| • Full Name | xxx | |
| • Physical Address | xxx | |
| • Billing Address (to display on invoice) | xxx | |
| • Company name & Reg. (if applicable) | xxx | |
| • Client I.D. # or entity Reg / NPO / NGO # | xxx | |
| • Vat number (if applicable) | xxx | |
| • E-mail address | xxx | |
| • Cell Phone / SMS # / WhatsApp / Data # | xxx | |
| • Your Birthday (So we can wish you!) | xxx | |
CLIENT ACCEPTANCE, SERVICE, CONDITIONS & TERMS.
We want you to enjoy the experience with us. We know conditions can be ‘sticky points’, but they are important to manage expectations and responsibilities of all parties concerned. Once this Service Agreement has been accepted, it confirms you have read, understood, and agreed to everything included and fully obligating yourself to the related costs. In addition, you confirm you are duly authorized to do so and that this Agreement supersedes any prior written or spoken arrangements.
GOOD TO GO?
Awesome, Uyamangalisa, Wonderlik, Uyisithandwa!
~
SECTION A aka HOW TO CONFIRM
A Client can accept this Service Agreement as a legally binding contract using any of these methods:
- (When available) a Digital Acceptance using our e-system (Xero) by clicking the ‘Accept’ e-link.
- An Email acceptance by replying to this original email thread and confirming in writing that you accept / wish to proceed / wish to confirm.
- A signature on a printed version (full PDF or Email) of this full Service Agreement in the space provided below. Then scan and return.
Full name: _____________________________ Location: ________________________
Date: _____________________________ Signature: _______________________
SECTION B aka PAYMENT METHODS
EFT payments are the default payment option. A Client can make payment via Credit Card or select Digital Currency if they accept additional terms and costs will apply. Please ‘Circle’ or Bold your payment preference below IF NOT an EFT:
- Credit Card,
- Digital Currency, (Bitcoin only).
SECTION C aka GENERAL TERMS
- We try to offer jargon free services. Our Client Zone on our website shares helpful notes, videos, manuals and important updates. You can find our Client Call Back, Meeting Request and for our Hosted Clients our Support Ticketing system. Our response time is within 8 working hours or less.
- ‘websitedesign.co.za’ and ‘websitehosting.co.za’ are divisions of Alkebulan Online (Pty) Ltd (www.alkebulan.online). Bank verification letter, tax clearance and BEE status documents are available on request. Should a Client require any other documentation from us or to be completed, it will be subject to Alkebulan Online (Pty) Ltd’s approval and conditions.
- Alkebulan Online (Pty) Ltd will not be held liable for service delivery failure as a result of factors outside of Alkebulan Online (Pty) Ltd’s or Suppliers’ reasonable control, such as, but not limited to, any ‘Act of God’, death/medical issues, theft, crime, strikes, weather, traffic, air traffic, load shedding, accidents, protests, state of emergency or natural disasters, civil unrest, poor or inaccurate Client communication.
- Our business works ‘online’, and we use email, whatsapp messages, and online meeting programs throughout our service process. Should a Client wish to meet ‘in person’ we charge a consult fee at R810 per hour for time out of office and travel costs. Appointments requests (virtual or in person) can be booked via our website.
- When engaging with Alkebulan Online (Pty) Ltd, a Client is opting in and accepting our Terms of Use, Privacy & POPI Policy as detailed at link: www.alkebulan.online/use.html
- Feedback is so important to us. We welcome positive Facebook and Google Reviews. If you wish to offer constructive negative feedback or have a concern, you agree to first alert management using link: alkebulan.online/feedback.html and allow us 8 working hours to revert.
SECTION D aka WEBSITE AND CONTENT DEVELOPMENT PROJECTS. (www.websitedesign.co.za)
- In general, every Project / Service is allocated two types of ‘time’ provisions.
1.1. A Project Timeline: this is the total days provisioned for a project. EG, 7 / 14 / 21 etc. Project timeline starts on receipt of payment deposit / first payment, and also once an Activation Email from our office has been issued.
1.2. Project Development Time: these are the hour allocations to be used over the Project Timeline. EG, 6 hours over 14 days, or 20 hours over 28 days.
If a Client delays or exceeds a time provision resulting in additional provision needed the Client will be charged a fee of R810 per week extra for Project Timeline and the hourly rate of the Designer / Developer over that same period.
- We keep a Project Log. It is the Clients responsibility to kindly be mindful of time provisions and review this log which our team will share frequently or on demand.
- During the Project Timeline, the Client and our Team will attend to Briefing, Functional, Cosmetic, Content, Review, Quality Control, and then ‘Go Live’ / ‘Handover’ aspects and phases. Our team is very good at guiding this process and making the experience enjoyable and uncomplicated. A Client needs to please fully engage throughout each phase and communicate well. We want to know about your business and also your objectives – please share.
- Scheduled Designer / Developer ‘work’ hours are booked by our team during the Project Timeline and our Client will receive details via email communication. We ask Clients to please be mindful that schedules are booked at least 1 full week in advance and therefore unscheduled calls or appointments may not always be possible. A Client can request a meeting or call back by using the appropriate links on our website.
- A Client should assign a Primary Liaison from their own team for communicating project instructions. This person should be available during the Project Timeline period and be keen to engage fully. Multiple liaisons can lead to miscommunication. For express projects, special consult times and more frequent communication is required to meet a deadline.
- For accountability and record purposes our team only attends to written instructions. We reserve the right to record phone calls and e-meetings.
- A Client will need to please provide an accurate and complete Briefing Document (including guidance on look and feel, layouts, and functionality) and content in line with the scope of their service or product. This is required in a consolidated format no later than 3 working days after Project Activation. Our team is keen to help guide this process and encourage that an online consult is booked. A Client can download briefing document templates from our Client Zone or request a copy via email.
- Project Activations are done once a week on Thursdays, on condition that funds have reflected by 12noon the day prior, failing which the project is activated the following Thursday. This does not apply for express projects which are activated within 48 hours of funds reflecting.
- Content in the context of a website are components such as text, images, videos, and a Client is fully responsible for providing these unless they have purchased related services from our company: we do offer licensed images, video creation, and copywriting at an additional fee.
- Content must be provided for our team in a ready-to-use state, and at a quality standard suitable for web use. Content must not infringe on any intellectual property or copyright laws. When text is provided, a Client should check their spelling and grammar as proofreading are not automatically included within services.
- Any image, video, or creative service, or cosmetic component designed by our team are subject to the creative interpretation of a Designer / Developer and therefore a Client accepts that results may vary from their personal expectations.
- If a Client requests additional services or changes to a project after a Service Agreement has been accepted, we reserve the right to re-quote and issue updated invoices. No cancelation will be accepted nor refunds due. A Client cannot unfortunately transfer funds from one account to another without the approval of Alkebulan Online (Pty) Ltd.
- When applicable, 3rd party/preferred supplier/s or external Supplier terms and conditions will apply, and details will be shared during the project process and in email.
- A Client accepts that when their service includes a web theme, AI tool, CMS Package or any other type of content management system, there will be limitations to the options provided for layout, function, cosmetic, and function.
- Once the scope of this service agreement has been met by our team, the completed work will be handed over to a Client. The Project Log is then closed and no further work can be done unless quoted for.
- Once a project has been closed, a Client is responsible for maintaining their Website / App / Content / Systems / Plugins / 3rd party solutions / e-security. Our office does not keep back ups of completed projects nor are we responsible for maintenance of old projects.
- Unless otherwise stipulated, all our website packages are responsive (for cell phones) and optimized for two primary PC browser types.
- Alkebulan Online (Pty) Ltd is not responsible for launching a project/website on a hosting provider other than its own. If a Client wishes to use another hosting provider, cPanel/FTP details must be provided within 5 days of project activation. Our office will demo the completed project on our own preview server, and then provide the project files in a download link for the Client to set up with their hosting provider. If a Client wishes for us to attempt an upload for them on an alternative hosting provider an additional hour will be charged at R810, but our office will not be held responsible if the Clients alternative hosting provider has limitations to their services.
SECTION E aka DOMAIN, EMAIL, AND HOSTING SERVICES. (www.websitehosting.co.za)
- Alkebulan Online (Pty) Ltd is a reseller of international and local hosting solutions using the highest industry service providers available. We have our own dedicated and managed servers for our own Clients. Alkebulan Online (Pty) Ltd can, at its discretion, change service providers, on condition that written notice is provided to its Clients.
- Hosting Support (for server mailboxes, emails on servers, and domains under our care and on our servers) is available during working hours, excluding public holidays and company closure dates. A Client can request support using our Support Ticketing system on our website. Our response time is within 8 working hours or less, with most tickets being resolve within 3 working days or less.
- Hosting Support does not cover:
- A Clients personal or own office device such as cell phone, laptop or desktop. (Software or Hardware)
- A Clients personal internet, such as their ISP or data services.
It is recommended that a Client contact the vendor they purchased the device or service from, alternatively they can request paid assistance my using www.rentatechnician.co.za who cater for own device support and assistance at a minimal fee – a link for this service is also available via our website.
- A Client will be required to please answer their ‘Security Question’ before support or information can be offered, this is for strict security reasons and to attempt to reduce cybercrime and data breaches.
- For general hosting enquiries a request can be made via email at hosting@websitedesign.co.za or WhatsApp message on + 27 64 809 2035. (For Support as a hosted Client, please use our Ticketing system on our website, or request a call back. Please see point 2 and 3 in this same section.)
- Domains are registered under the Client’s name and not our own business.
- Hosting Services have ‘provisions’ such as bandwidth, hard drive space, number of e-mail boxes, and website traffic usage. This information is detailed on your quote and service level communications. Should provisions be exceeded, Alkebulan Online (Pty) Ltd will need to issue an account for over usage and the Client will need to settle these fees. Clients can check their service usage at any time and are encourage to engage with our team on ways to keep within provision. We also have some helpful videos and manuals to support on our website.
- If hosting provisions are repeatedly exceeded (three or more months) during a 12 month hosting period, our office will need to automatically invoice for an account upgrade (next package size above the one currently being used by our Client) to avoid further over usage / extra charges. A Client will accept the upgrade and related costs and up to date prices are shared on our website at websitehosting.co.za
- All Clients accept and are subjected to the very important Fair Usage Policy at the link: https://www.websitedesign.co.za/support-acceptableusagepolicy.html
- If there is any instance by the Client of service abuse, infringement of content or usage that contravenes the law, breach of the Usage Policy, compromised websites or mailboxes, or unpaid accounts, Alkebulan Online (Pty) Ltd will suspend services and give the Client a reasonable period to correct the issue, failing which services can be terminated and no refunds will apply.
- We issue to our hosted Client the preset username and password for their mailbox/s and / or website/s as well as technical notes required for use. A Client must immediately change their password via their access point/control panel. We do not set up services on own office or home devices. See point 3 of this same section.
- If a Client’s website or mailbox becomes compromised due to Spam or Hacking, our office will automatically reset master passwords on our server to try reduce further risk and abuse. A Client can request further assistance from our office should such an instance occur by booking a Support Ticket on our website.
- A Client should back up their websites and emails at least every 6 months using their access controls. Old files should be frequently removed. Should assistance be needed, our Clients can open a Support Ticket and we will gladly provide support. Our Client Zone also offers free advice and manuals on this process.
- Alkebulan Online (Pty) Ltd’s hosting network is of the highest standard and has in place several e-security systems. Alkebulan Online (Pty) Ltd will not be held responsible for illegal access to domains, mailboxes, servers, Client data or Client devices by e-criminals or computer programs. It is the full responsibility of a Client to educate themselves of e-risks and take additional measures especially on their own personal and work devices.
- Our company can provided additional Security Services for mailboxes and websites, and also Cybercrime and Digital Abuse Services via our partner businesses and on request. Please also see www.cyberdefenders.co.za
- Alkebulan Online (Pty) Ltd is obliged to report any e-crimes to the relevant authorities and provide Client information and supporting data.
- Should a Client wish to transfer their domain and / or email hosting services to another hosting provider before their hosting period expires, a R300 Account Closure Fee will be charged and settled before a transfer ticket can be processed. There are no refunds for early cancelations on annual packages.
- Transfer tickets will only be accepted once all / any accounts (hosting or development) are fully settled.
- A Domain renewal period follow the rules and regulations set out by ZARC (ZA Registry Consortium) and therefore are not controlled by Alkebulan Online (Pty) Ltd. Any late renewal payments will lead to immediate termination of services. Please speak with our team for further guidance if needed.
- Hosting services are automatically renewed annually unless cancelled by a Client in writing one month prior the hosted period expiring. Towards the end of a hosted period our office will make contact and issue a renewal notice and account.
- It is the Clients responsibility to update Alkebulan Online (Pty) Ltd should the contact details of the domain owner changes.
- Hosting services may be suspended and/ or terminated if payment of accounts are late. If an account is suspended or cancelled, a R450 reactivation fee may be applied.
SECTION F aka ADVANCE (www.websitedesign.co.za & www.websitehosting.co.za)
This section covers APP Development, LARGER COMPLEX WEBSITES, AI Services, E-SECURITY, 3rd PARTY SOLUTIONS and SERVICES, E-COMMERCE and CUSTOM PROJECTS, REPAIRS and RECOVERIES.
- For these services, additional Assessments, Briefings, Consults, and Quality Control will be required. This extra time is generally detailed within a quote and therefore included within the project fee.
- Extra terms and conditions will apply and be shared throughout the service process.
- Custom hosting and security may be required for larger Websites, Media, E-commerce, and Custom Projects and our hosting division can quote on a per-need basis.
- Legislation related to trading online, usage and privacy regulation, the banking sector regulations, or any unique conditions related to the industry specific websites or Apps must be fully complied with by a Client. If compliance is lacking or not fulfilled, our office reserves the right to suspend project finalization and launch.
- Certain website code, advance or 3rd party feature components, AI services and APIs have a ‘shelf life’ and if they become old their operational integrity can become impaired. In such an instance, a project rebuild might be required. It is the Clients’ full responsibility to attend to all anticipated scenarios and contingencies outside of the scope of deliverables on the service agreement.
- Alkebulan Online (Pty) Ltd reserves the right to only provide advance services if the project is hosted on our own servers or on an environment of our choice. This is imperative for development and overall care.
- 3rd Party or Advance Services often have renewal fees, and these are for Client care and account.
SECTION G aka MARKETING
If you do not do web marketing your website / App will struggle to feature on search engines and AI search results. We feature on the 1st Page of Google and also in several many AI search results. We can assist Clients in similar results.
- There are several ways to do website marketing, EG: print, radio, TV and promotions. Our office provides web-based marketing for websites offering SEO (search phrases for natural listings), GEO & AEO (targeting AI text and voice search results), and social media marketing (EG: Facebook, Instagram, LinkedIn, X) as well as PPC marketing (Adwords / paid positions on search results). Each service type of marketing requires its own strategy. If you do not have a strategy you may wish to request a paid consult with a web-marketing expert. Alternatively a Client may elect to manage their own strategy and purchase set products from our website and self-manage.
- A Client accepts that Web-marketing is highly competitive and results are sensitive to frequent industry changes. There is no once-off service available (with our business or any other) that provides immediate and permanent results. There are limitations and a Clients must align their expectations.
- The general process for most web-based marketing services involves a initial consults and debriefings (sales), followed by research and set up phases (additional consults and starting of development), followed by foundational work being concluded (set up of core services with primary development). To follow, repetitive work or monthly tasks are attended to in monthly development sessions. During any of these phases our team may report and alert a Client to an industry or website specific need which may require additional work, and at such a time our office will provide recommendations and if applicable quotes. A Client can reject these additional fees but results would be negatively impacted.
- Unless otherwise stipulated, web marketing tasks completed for the month will be shared with the Client towards the end of a calendar month in email. We encourage and appreciate when Clients book a monthly online consult to review notes and discuss progress because for most Clients it is very hard to ascertain progress without these consults, this is because most work is done in the backend of websites, code and on search platforms – and for the most part not visible to general public.
- Our team will only work on websites hosted on our own servers. This is policy to ensure we have immediate back end access and do not have to troubleshoot 3rd party hosts or foreign software.
SECTION H aka PAYMENT TERMS – (www.alkebulan.online).
- Unless otherwise stipulated on an invoice, all payments for projects valued at R20 000 or less, as well as monthly contract services are due within 5 working days from the date of invoice. All projects valued at R20 000 or more, are due within 10 days from the date of the invoice. Due dates are detailed on invoice.
- Annual Hosted Clients services are renewed automatically unless cancelled in writing one month prior by a Client. Please see term 20 under section E of this agreement for full details.
- (Credit Card Only). The related invoice will include an E-link. The transaction and/or 3rd party payment processing fee of 4.5%+ above will be added to the Client account.
- (Digital Currency Only). Alkebulan Online (Pty) Ltd will provide an e-wallet/e-link/QR code on an official email and/or invoice. The transaction and/or 3rd party payment processing and/or currency conversion fees will be added to the Client account. If there is a currency value fluctuation, Alkebulan Online (Pty) Ltd will reissue an invoice with amended charges. When a Digital Currency refund is due it will be made to the Rand value that reflected in Alkebulan Online (Pty) Ltd’s FNB account only. Digital Currencies are subject to additional regulations and policies; a Client must ensure they are compliant.
- All payments must include the invoice ABK number (displayed on invoice) as a reference. Payment slips can be sent to payments@alkebulan.online. Alkebulan Online (Pty) Ltd will not accept remittance advice slips, purchase orders, or goodwill payment emails as proof of payment. Funds must clear in Alkebulan Online (Pty) Ltd’s bank account before they are credited to a Service Agreement. Digital Currency or Credit Card payments are delayed by 3-7 days.
- For website design or website design packages, the fee, unless otherwise stipulated on the quote or service level communication, will be billed at a 50% deposit fee and the remaining 50% fee due halfway through the Project Timeline. For domain, email, hosting, advance and marketing services, the full fee may be billed in advance.
- Alkebulan Online (Pty) Ltd reserves the right to offer alternative payment plans in consultation with its Clients.
- A Client should not delay a payment due to their own internal payment policies.
SECTION I aka CANCELLATION & DISPUTES & BREACHES:
A PLEA FROM US. Cancellations and breaches result in incomplete projects, loss of income, use extra professional time, and lead to reputational harm. Whenever possible let’s try to find a ‘middle ground’ together.
- A Client can cancel a Service Agreement for any reason, but it must be done via email, and the following cancellation fees will be applied:
1.1. A 50% cancellation fee will be applied if a quote / service agreement has been accepted but deposit not yet paid.
1.2. A 75% cancellation fee will be applied if a quote / service agreement has been accepted and a deposit invoice has been paid.
1.3. A 100% cancellation fee will be applied if a quote / service agreement has been accepted, a deposit paid and the Project has been formally activated with an Activation email or / and assigned to a Designer / Developer.
1.4. 100% cancellation fee is applied regardless of notice period for services related to Hosting, Marketing, 3rd party or Advance Service.
- Alkebulan Online (Pty) Ltd can cancel a Service Agreement if there is any evidence or instance of Client breach of
terms or conditions. No refund will apply and a Client will be liable for the full Service Agreement fee and any additional costs or damages not limited to legal, reputational, and professional time.
- In any instance of a breach or alteration of this Service Agreement by the Client, Alkebulan Online (Pty) Ltd, at its sole option or discretion, can do a formal review. A Client must give Alkebulan Online (Pty) Ltd a reasonable period of time to issue a written Review Notice and Outcome. If a Client wishes to challenge a Written Review Notice and Outcome, they must offer written feedback that includes substantive, factual, and legal points.
- In the instance that either party is unable to resolve the dispute, it will be at the discretion of Alkebulan Online (Pty) Ltd to first insist that the Client refer the matter for review by an appropriate Ombudsman or appropriate Review Authority, or settled informally by the Arbitration Association of South Africa. Alkebulan Online (Pty) Ltd also has the right to insist the matter be dealt with by a Court of Law, and within this Agreement both parties hereby consent to the jurisdiction of the Magistrate’s Court. Alkebulan Online (Pty) Ltd can, at its sole option and discretion, institute proceedings in any other competent Court in respect of any claim which, but for the aforegoing, would exceed the jurisdiction of the Magistrate’s Court.
- Should a Client not ignore or fail to respond to a communication from our office (pertaining to an active service) for a period of 20 days or more, we will consider the Client to have absconded and this will constitute a Client breach.
- A professional, courteous, safe, and constructive working environment is imperative to Alkebulan Online (Pty) Ltd. If there is any instance of abuse/threats/actions that: hinder business operations or incite harm to a representative of Alkebulan Online (Pty) Ltd, or Alkebulan Online (Pty) Ltd the business, either directly or indirectly, publicly or in person, or via e-methods; related to work duties, career, reputation, rights, liberties, income, safety, or integrity, Alkebulan Online (Pty) Ltd reserves the right to immediately terminate services. No refunds will be made and depending on the nature of the incident or abuse, Alkebulan Online (Pty) Ltd may pursue legal action and criminal charges without further notice. All legal costs, damages, and losses will be pursued against the offender.
- The Client and Alkebulan Online (Pty) Ltd hereby elect as their chosen domicilium citandi et executandi for all purposes the addresses as recorded in this Service Agreement. Any official legal notice must be issued to Alkebulan Online (Pty) Ltd’s Legal Practitioner Mrs. M Scheepers | michalle@ps-law.co.za
END OF SERVICE AGREEMENT >>>>
Thank you, ngiyabonga, dankie, enkosi, we cannot wait to be of service!
