Website - Terms And Conditions

  • GENERAL WEBSITE TERMS & CONDITIONS
    • Payment
      • The charges for the services and the payment terms applicable are set out in the Website Proposal.
      • Annual price increase:
        • Our financial year runs from 1 March to 28 February and a standard price increase will occur on 1 March every year. We will communicate the details of the increase to our clients.
           
    • Website Design
      • During the design process it is expected that the client will work with Starbright to reach the results outlined and agreed to in the Website Proposal.
      • In this regard the client agrees that it is their responsibility to provide Starbright with all the images and written content required to design and develop the website
      • It is common during the design process that additional materials may become necessary, for example stock photos; in this regard the client agrees that a price per picture will be applied to the final design fees and is payable in addition to scope as set out above.
      • In this regard, the client shall be invoiced separately and payment must be made within 30 days from date of invoice.
         
    • Timelines
      • Costing and timelines are based on deliverables stated in proposal. In the event that Starbright is chosen to provide this website design and development service, Starbright agrees that it shall use commercially reasonable efforts to meet all project schedules and requested delivery time frames.
      • However, the client understands that these are only estimated dates and should never be accepted either explicitly or implicitly as a guarantee of delivery.
      • In this regard the client agrees not to hold Starbright liable for any losses associated with project delays.
         
    • Website Footer
      • The client hereby authorises Starbright to add a link to their website as per the signed off designs.
         
    • Browser Testing
      • Browser testing ensures that a person’s experience of a design should be appropriate to the capabilities of a browser or device.
      • We test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Edge), Mozilla Firefox and Opera.
      • We will not test in other older browsers unless agreed prior. If the client requires an enhanced design for an older browser, Starbright can provide a separate estimate for that.
         
    • Mobile Browser Testing
      • Testing using popular smaller screen devices is essential in ensuring that a person’s experience of a design is appropriate to the capabilities of the device they’re using.
      • We test our designs in:
        • iOS: Safari and Google Chrome
        • Android: Google Chrome
      • We will not test in Opera Mini/Mobile, specific Android devices, or other mobile browsers unless agreed prior. If you need us to test using these, we can provide a separate estimate.
         
    • Additional Services
      • Should the client elect to take any additional services with Starbright over and above the website development, for example: monthly maintenance of the website or website hosting service, the client will be required to sign a separate proposal for these services.
         
    • Confidentiality
      • The Website Proposal and the quotation contain proprietary and confidential information. The client agrees not to use or disclose any information contained herein except in the context of its business dealings with Starbright.
      • The client agrees to instruct each of its employees that they must not disclose any information concerning the Website Proposal to others except to the extent that those matters are generally known to, and/or available for use by the public.
      • The client also agrees not to duplicate or distribute or permit others to duplicate or distribute any material contained herein without the written permission of Starbright.
         
    • Amendment
      • The Website Proposal can only be changed or modified by Starbright with the approval of the client. A new agreement will be made if both parties wish to change a significant amount of content in the Website Proposal.
         
    • Legal
      • Starbright will carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience.
        • That said, Starbright cannot guarantee that our work will be error-free and so we cannot be liable to our client or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages.
      • Your liability to us will also be limited to the amount of fees payable under this contract and you won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages.
      • If any provision of the Website Proposal shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.
         
    • Termination
      • Both parties may terminate the project at any time for any reason and the termination must be supplied in writing
      • Upon termination, Starbright will calculate the time spent on the project and will either reimburse the client accordingly or invoice for the time already spent.
         
    • Proposal Validity
      • Notwithstanding anything to the contrary contained in the cost breakdown and/or the client's specifications, the validity of this proposed offer, including the costing, is open for acceptance or dissent by the client for a period of 30 days from the date at which the Website Proposal was sent to the client.
         
    • Governing Law
      • The laws of the Republic of South Africa shall govern this proposal.
         
  • WEBSITE PAYMENT TERMS & CONDITIONS
    • All prices exclude VAT unless stated otherwise.
    • The client will receive the full invoice (100%) after the acceptance of the Website Proposal.
      • 50% deposit is required upon commencement of the project.
      • 50% balance payment upon completion of the project, unless the monthly payment option is chosen.
    • Should the monthly payment option be chosen:
      • Re: Hosting
        • It is required that you host the website with Starbright.
        • Starbright will invoice you for the hosting once the domain registration occurs or when the domain transfer takes place.
      • Re: Website Development
        • Starbright will start the billing cycle once the Website Proposal is signed.
        • The duration of the cycle is stipulated on the cost breakdown page.
      • Re: Invoicing
        • Monthly invoices will be sent on the 15th of each month.
           
  • WEBSITE SECURITY MAINTENANCE TERMS & CONDITIONS
    • Where the Website Security Maintenance option is selected:
      • Starbright will take full responsibility for:
        • keeping the website security up to date
        • keeping the anti-spam of the online contact forms up to date
        • regularly testing all online contact forms
    • Should the client choose NOT to select the Website Security Maintenance option:
      • Starbright will NOT take responsibility for:
        • keeping the website security up to date
        • hacking attempts on the website
        • keeping the anti-spam of the online contact forms up to date
        • regularly testing all online contact forms
    • Starbright cannot be held responsible for the client’s website in the event that the client requires/demands or has access to the following details:
      • FTP connection details
      • MySQL Database details
      • KonsoleH or cPanel details
      • CMS (Content Management System) Admin details
         
  • WEBSITE HOSTING TERMS & CONDITIONS
    • Hosting Fees
      • All hosting fees exclude VAT unless stated otherwise.
      • All hosting fees are payable in advance.
      • Hosting setup fees and the first month’s hosting are to be paid in advance.
      • Domain, Website Hosting and Email will be suspended by the 7th of the month should no payment be received.
      • Hosting fees are not refundable should the client decide to move to another provider within the hosting term paid for.
      • Domain renewal costs are as follows:
        • .co.za = R155 ex VAT
        • .com = R260 ex VAT
        • .net = R355 ex VAT
        • .info = R415 ex VAT
        • .biz = R355 ex VAT
        • .org = R415 ex VAT
        • .co = R620 ex VAT
      • Prices may vary depending on the technology used for each hosting package.
      • In the event where Starbright need to back up and move email accounts for the clients, an additional support fee will be quoted and charged.
      • Telephonic email support fees are calculated as follows:
        • The first 15 minutes will be free.
        • Should the support time surpass 15 minutes, the client will be charged R300 for every 30 minutes thereafter. i.e. 30 mins = R300, 60 mins = R600 etc.
      • A small admin fee, stipulated in the Hosting Proposal, is payable for switching the client to another hosting provider.
         
    • Hosting Term/Duration
      • By selecting the “per year” hosting the client agrees to a 12-month (minimum) contract period.
      • Hosting will renew on a “Month-to-Month” basis after initial expiration and until cancellation has been received.
      • Domain names are renewed annually unless otherwise required.
      • Clients failing to pay their domain registration fees will be at risk of losing their domain.
      • Starbright takes no responsibility for the loss of a domain name due to lack of timeous payment.
      • Domain names will be suspended if annual hosting fees are not paid within the specified time limit.
         
    • Cancellation and Termination
      • Starbright reserves the right to suspend or terminate hosting, email and other services should there be payment delays.
      • A calendar months’ notice is required for cancellation of hosting services, to be supplied in writing to cancel@starbright.co.za
      • Verbal cancellations will not be accepted.
      • The client agrees that unless they notify Starbright of their desire to cancel any or all services received, those services will be billed on a recurring basis.
         
    • General
      • Starbright does not offer any technical support for any other web site hosting company if you elect not to host the website with us.
      • Hosting excludes any other services such as website update, security maintenance etc.
      • If you are hosting the domain or website elsewhere; 
        • We cannot guarantee that the website is fully compatible with all hosting providers’ server operating systems, especially any contact forms, Content Management Systems, database driven websites, etc.
        • We do not take any responsibility for server maintenance or updates
           
    • Hosting Disclaimer
      • Starbright uses professional world-class ISPs and their server uptime is at least 99%. Starbright cannot be held responsible or legally accountable for loss of email, loss of business or website downtime due to hosting problems or countrywide network problems.
      • Planned or unplanned server or network maintenance may be performed at any time without prior warning.
      • The sending of unsolicited commercial emails (SPAM) through our web servers promoting any website, or via third party web servers promoting a website hosted by us, can result in the suspension or termination of the client’s web hosting account, without refund.
      • Mailing lists may be operated as long as individuals choose to subscribe to receive mailings via clear ‘opt in’ methods and a strict removal procedure is published in all mailings. ‘Safe lists’ and other advertising related mailing lists might not be operated. Any complaints received are taken seriously and will be investigated.
      • There is no limit on traffic for each website and email address hosted by Starbright, although fair usage rules may apply.
      • Incremental website backups are processed daily and are kept for 2 weeks. We implement a best effort policy, but the usability and integrity of these backups is not guaranteed.
      • Starbright cannot be held liable for any losses or damages suffered as a result of interruptions or unavailability of service.

 

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