TERMS &
CONDITIONS.

These terms and conditions of use are legally binding. It is your responsibility to read these terms and conditions of use carefully prior to enquiring, use, or access of any of our services.

GENERAL PROVISIONS

This website is owned and operated by She Codes Design Co a Cape Town based business.

You must be 16 years old to use our website. Use of this website is at your own risk. We host our site on a reputable platform and take reasonable efforts to maintain and host the site. However, we make no explicit representations or warranties as to the safety of your individual use of the website. The terms and conditions contained on this page are subject to change at any time.

INTELLECTUAL PROPERTY NOTICE

You may NOT use our intellectual property in any way, which includes republishing any text, design, or other property on another website, or posting a quote from our site to any third-party website including social media. We have spent a great deal of time and money building the intellectual property located on this site and in order to maintain the integrity of it, we cannot allow any third party use.

Definitions

As used herein and throughout this Agreement:

“Agreement” means the entire content of this basic terms and conditions document, the proposal document(s), schedule(s), together with any other supplements designated below, together with any exhibits, schedules or attachments hereto.

“Content” means all materials, information, photography, writings and other creative content.

“Copyrights” means the property rights in original works of authorship, expressed in a tangible medium of expression.

“Deliverables” means the services and work product specified in the proposal to be delivered by She Codes Design Co to the client, in the form and media specified.

“Services” means all services and the work product to be provided to client by She Codes Design Co as described and otherwise further defined.

“Trademarks” means trade names, words, symbols, designs, logos or other devices or designs used in the final deliverables.

“Ongoing Management” means the ongoing work to keep the website functioning and secure. This includes, but is not limited to: data management, backups, maintenance, upgrades and software patches.

STANDARD Terms

Design Process

• Clients should provide all information required for their project 48 hours ahead of the start date.
• 2 rounds of amendments will be included in all projects, further amendments will be charged at additional costs.
• A new concept will not be considered as an amendment.
• Completion dates will be different for each project.

Payment

• An upfront fee of 30-50% non-refundable deposit dependent on the project type is required to secure your spot and start the design process.
• Once designs have been approved, the balance of the invoice will be requested.
• Once the total invoice has been paid for, the final designs will be submitted to youvia Drobox or WeTransfer.
• Websites will be launched and made live once the total invoice amount has been received.
• All designs remain the property of She Codes Design Co. We will only publish projects to our website and socials once clients have done so or with the consent of business owners.

General Terms

Authorisation
The client authorises She Codes Design Co to perform the services outlined in this agreement on the client behalf, which may include, but is not limited to, registering their domain, accessing their hosting account and disk space, creating databases and applications, managing their online advertising, and submitting their project to search engines.

Agreement Scope
Services supplied, costs and rates are limited to what is specifically set forth in the service package agreement. Any additional services will require an additional agreement. Our agreement is for the full package containing various services.

Should the client not utilise all services offered within the complete package, the client will still be liable for the full payment for the complete package.

Costs and Fees
Changes and additions outside of the scope of this document will be quoted and invoiced to the client. The client will be advised of all costs, changes and additions before commencement of the additional work. Fees for professional services do not include outside purchases such as, but not limited to, software licensing, copyright licensing, photography, color printouts, illustrations or courier service. Additional expenses are itemized on each invoice.

Production Schedules
Production schedules will be established and adhered to by both the client and She Codes Design Co. Where production schedules are not adhered to by the client, final delivery date or dates will be adjusted accordingly. Additional costs may be charged for client delays, if the delays result in an increase in time to manage or deliver the services.

Payment
The client agrees to pay She Codes Design Co in accordance with the terms specified in each proposal/estimate. Payment will be due from the date of invoice approval.

If the client fails to pay any invoice, She Codes Design Co reserves the right to withdraw the website and associated materials or refuse completion and/or delivery of work until past due balances are paid. All materials or property belonging to the client, as well as work performed, may be retained as security until all just claims against the client are satisfied. The client is responsible for any debt collection, legal or court fees which may come due.

In the event of cancellation of the project prior to completion, the client will be liable for 1 month’s payment as per the 30 day cancellation notice.

Confidentiality
She Codes Design Co will not disclose to any third party or use, other than for the purposes of this agreement, any knowledge or information imparted to or obtained by it during or in connection with the fulfilment of this agreement, which is of a secret or confidential nature relating to the business, equipment, processes, products, services or business strategies offered or employed by the client. This obligation of confidence will cease to apply in relation to information that She Codes Design Co is required to disclose by any law, or which becomes part of the public domain other than as the result of a breach by She Codes Design Co of its obligations of confidence under this agreement.

Outsourcing
If needed, She Codes Design Co reserves the right to outsource any specific project requirements to insure that the terms of this agreement are met. Any subcontractors or external suppliers will be bound to the terms of this agreement.

Promotion
She Codes Design Co is confident that the client’s expectations will be exceeded and as such is notifying the client that She Codes Design Co reserves the right to use the client’s website, associated graphics and any unused ideas and development in the promotion of She Codes Design Co services or any design competitions. client agrees to allow She Codes Design Co to retain a credit and link from the footer of the website.

Copyright
The client is responsible for all trademark, servicemark, copyright and patent infringement clearances. The client is also responsible for arranging, prior to publication, any necessary legal clearance of materials She Codes Design Co uses for this project. The client indemnifies She Codes Design Co against any loss or damage arising directly or indirectly from any unauthorised use of photographs, text, or other Intellectual Property not under copyright ownership of the client.

Ownership / Project Copyright
She Codes Design Co reserves all rights over working source files and databases of the website and design. The client will have access to the Control Panel, Database or FTP.

Open Source Software
She Codes Design Co makes extensive use of open source software and components to supply websites and services to the client. She Codes Design Co will not charge additional licensing fees on open source software.

The client indemnifies She Codes Design Co against any loss or damage arising directly or indirectly from any failure of software supplied to the client.

All software and components not developed by She Codes Design Co retain the original license and terms associated with them. She Codes Design Co cannot assign any rights to the client and the client agrees to be bound by the original Author’s terms.

Force Majeure
She Codes Design Co shall not be deemed in breach of this Agreement if She Codes Design Co is unable to complete the Services or any portion thereof by reason of fire, earthquake, labor dispute, act of God, death, illness or incapacity of She Codes Design Co or any local, provincial, national or international law, governmental order or regulation or any other event beyond She Codes Design Co’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, She Codes Design Co shall give notice to the client of its inability to perform or of delay in completing the Services and shall propose revisions to the schedule for completion of the Services.

Limitation of Liability
The services and the work product of She Codes Design Co are sold “as is.” In all circumstances, the maximum liability to the client for damages for any and all causes whatsoever, and the client’s maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, shall be limited to the net cost of this project as specified in this Agreement. In no event shall She Codes Design Co be liable for any lost data or content, lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the materials or the services provided by She Codes Design Co even if She Codes Design Co has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy.

Termination / Cancellation
She Codes Design Co may terminate this Agreement with immediate effect giving written notice to the other of such termination. The client may terminate the agreement providing 30 days written notice. The client will be liable for final payment during the 30 days notice period and all other outstanding balances. The client shall assume responsibility for collection of all legal fees necessitated by default in payment.

Domain Names
All domain names are legally owned by the client. All domain name registrations are subject to availability and registration rules. She Codes Design Co will manage the domain name(s) on behalf of the client unless the client requests in writing that the client manages their own domain(s) and payment of fees.

The client indemnifies She Codes Design Co against any loss or damage arising directly or indirectly from any failure of services related to domain renewals, registrations, domain name trademarks.

Hosting
She Codes Design Co will offer the suggested hosting package required for the client’s project.
The exact package required will determine the monthly cost. Due to website growth, disk-space and an increase in traffic, the client will be responsible for any over-usage, charged per GB for Traffic & per 10mb for Disk Space.

Should the client decide to make use of their own hosting provider, the client will be responsible for contacting the chosen host for support relating to hosting matters & ensure that She Codes Design Co will have the correct hosting environment needed for the project. She Codes Design Co will charge for costs incurred liaising with the hosting company and supporting the client with hosting related issues. She Codes Design Co will charge for costs incurred due to differences in hosting environment if installation and management exceeds standard time frames.

Browser Variance
Our websites are optimised for XHTML compliant browsers and adjusted to support the latest versions of Google Chrome, Mozilla Firefox & Internet Explorer (IE). We test using the browsers that are statistically the most commonly used. Layout and aesthetic elements may change or degrade in some browsers.

Colours
Website visitors use different monitors with different settings. Colours and image quality of the website including graphics and photography will shift between computers and monitors.

Testing and Acceptance of the Website
Once the project has, in the opinion of She Codes Design Co been completed, She Codes Design Co will notify the client either verbally or in writing, and provide the client with an opportunity to test and review the website. If the client determines that the website does not comply with the Project Components agreed to in this document, She Codes Design Coagrees to carry out any necessary and reasonable modifications.

Client Responsibilities
If the client or an agent of The client other than She Codes Design Co attempts to update, edit or alter the site’s template, infrastructure, source files or hosting management in a way that causes damage to individual pages or the site’s architecture, time to repair web pages will be assessed at our STANDARD or OVERTIME hourly rate, and is an additional cost above the costs outlined in the agreement.

Errors and Omissions
It is She Codes Design Co’s responsibility to carefully check for accuracy in all respects, ranging from spelling, technical illustrations and ensure an overall error free environment. However She Codes Design Co is not liable for errors or omissions. The client indemnifies She Codes Design Co against any loss or damage arising directly or indirectly from any errors and omissions.

Updates/Changes
She Codes Design Co offers Monthly Maintenance as set out in the service package agreement. She Codes Design Co will ensure that any maintenance work is attended to within 48 working hours from date of receiving the instructions from the client.

Copy
All text must be supplied in digital format that can be copied and pasted. She Codes Design Co will not re-type/type-out any text found in any non-editable file format.

Images
Graphics and photographs are to be supplied in digital format on EMail, File Transfer, Flash Drive. Photographs must not exceed a file size of 2mb each (unless by prior arrangement). Larger files will incur an extra cost due to increased time in processing.

Branding
All logos and branding must be provided in an industry standard vector format.

Fraud/Scam
Should there be any allegations against the client regarding illegal activity on the website eg, using the website to scam users/ fraud clients, She Codes Design Co will have the right to terminate the website with immediate effect. It is the clients responsibility to provide She Codes Design Co with proof that such allegations are false, before the website will be activated again.

Emails & Spam
While hosting with She Codes Design Co on elite hosting servers, the below information is effective and the Acceptable Use Policy needs to be followed at all times. Failure to follow the Acceptable Use Policy could result in a first and final warning, or immediate termination of hosting, website and email services, without notice.