General Terms and Conditions
These terms and conditions are to ensure that expectations placed upon both us – the Service Provider, and you – The Client are always clear and concise, with no gray areas. We never want you to feel uncertain as to what’s happening and what to expect, and we in turn expect the client to assist us in keeping in line with these terms.
- Deposit & Milestone Payments
- Required Information
- Written Content & Fonts
- Images & Photos
- Brand Colors
- Third-Party Hosting Providers
- Search Engine Optimization
- Completion Date
- Additional Work
- Service Agreement
- Invoices & Statements
- Legal Costs
- Changes to Terms & Conditions
1 – Scope
- The Client must be clear as to the scope of the project in order to issue an accurate and itemized quotation.
- It is agreed that the items quoted form part of the project scope, and any subsequent requirements are quoted and billed separately, unless otherwise agreed upon.
- Should the client require additional assistance in determining the scope, Anima Media reserves the right to bill for this as part of a consulting fee.
- Quotes are valid for a period of 2 (two) weeks from the date received and unless otherwise stated, is subject to revision.
2 – Agreement
- The client acknowledges that signing the quotation means they agree to the terms and conditions laid out here.
- The deposit or first month’s retainer amount is paid as part of this acceptance and serves as the commencement of the first milestone (further explained below).
- Only upon successful reflection of the deposited funds will the first stage commence.
3 – Deposit & Milestone Payments
- Projects are divided into 3 stages and invoiced accordingly.
- A deposit of 50% is required to initiate the Planning and Design phase. The Project Manager will accumulate all the needed information from The Client.
- Project wireframes, mockups, and designs are created in this phase and prepared for approval.
- Once this stage is completed, the aforementioned plans and designs are approved by the client and the project moves to the development stage.
- At the point where development is complete, the website is made “live” in order for The Client to view and request any changes.
- The site is then taken back into “Coming Soon” mode as the final changes are made.
- Afterward, the balance is paid and the site is made “live” and considered launched.
- Deposits and Milestone payments are non-refundable and non-negotiable.
- Should the client choose to pay more than the required deposit, it does not automatically imply preferential treatment or additional rights.
4 – Required Information
- 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 and Conditions and indicated by the Project Specifications.
- The Client is to provide all required information electronically to Anima Media, within 10 (ten) calendar days after the Invoice date confirming the received deposit, to initiate work on the aforementioned quoted products and/or services, unless they are to be created as part of the project.
- The Client’s quoted and accepted products and/or services will only be queued and allocated accordingly after the Deposit has been paid.
- If the Client does not supply Anima Media with the Required Information within 20 (twenty) calendar days from the Invoice date, the full amount of the Agreement becomes due and payable to Anima Media.
- If the Client still has not submitted or provided all the Required Information within 45 (forty-five) calendar days from the 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.
5 – Copyright
- The Client has to ensure they have the Copyright for all material supplied.
- Anima Media, 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.
- If and when Anima Media are informed that material was provided without the required Copyright, illegal content will be removed immediately and the Client will be billed with the cost thereof.
- Anima Media does not take any responsibility for any and all content supplied from the Client without proper Copyright whatsoever.
6 – Written Content & Fonts
- Unless otherwise specified in the Quotation, the Client shall supply all content wording to be published in accordance with the specified products and/or services.
- Written Content must be supplied by the Client in formatted text (as the Client specifies it to appear), unless otherwise agreed to by Anima Media to design the layout thereof.
- All fonts for Written Content shall be indicated by the Client in the planning and design phase.
7 – Images & Photos
- Unless otherwise specified in the Quotation, the Client shall supply all Graphic Images to be published in accordance with the specified products and/or services.
- Graphic Images (including but not limited to artwork and logos) supplied by the Client, must be of high digital quality and applicable format.
- Anima Media is able to assist in sourcing appropriate images, but unless explicitly asked to, it remains the responsibility of The Client to ensure that these images are sourced.
8 – Brand Colors
- Colours specified by the Client must be supplied as RGBA values, or hex values.
- As we do not offer any printing services, we take no responsibility for errors that arise as a result of colors taken from web assets.
- Completed graphical designs, logo, or any artwork by Anima Media will be e-mailed to the Client, and the Client will enter into an agreement directly with the printer of their choice.
- To ensure colour and print quality, it is the Client’s responsibility to request a colour proof from their printers.
9 – Hosting
- Hosting packages offered by Anima Media allows for allocated disk space limited to that Hosting package. Disk over-usage will be charged at the appropriate rate at that time, Invoiced to the Client’s account and must be paid within 7 (seven) calendar days after Invoice date thereof.
- Monthly Hosting must be paid on or before the last working day of each month, unless committed to payment by means of a stop order payment, in which instance the last calendar day is applicable.
- Hosting fees are payable from date of domain registration or transfer to Anima Media.
- Payments not received by the 5th of each month will automatically suspend the Client’s Hosting service, thus deactivating the Client’s website and linked email accounts.
- A reactivation fee, at the appropriate rate at that time, will be billed to the Client.
- Hosting fees not received for 2 consecutive calendar months irrevocably terminates the linked website and associated email accounts with the host. No software, design and/or development work associated with the domain is recoverable by reactivation hereafter.
- Anima Media reserves the right to suspend the Client’s services due to non-payment and charge fees, at the appropriate rate at that time, on all arrears in accordance with these Terms and Conditions.
- Hosting cancellations are only accepted via email to firstname.lastname@example.org, on or before the 1st of the new month as it carries a calendar month notice period.
- All outstanding payments must be paid up to date before the Client’s Hosting services will be terminated with Anima Media, thus enabling release to transfer to a Third Party Hosting Service Provider.
10 – Third-Party Hosting Providers
- The Client has to provide Anima Media with their Cpanel, FTP and database details to upload onto Anima Media’ software.
- If the Client uses a Third Party Service Provider on Anima Media’ recommendation, the Client will enter into an agreement directly with that Third Party Service Provider.
- Anima Media will not be held liable or have any responsibility for the Client’s Hosting Services via a Third Party Service Provider as we do not have control over the status of hosting, domain renewals or e-mail when not hosted with Anima Media.
- All technical aspects of websites must be referred to the Client’s Third Party Hosting Service Provider.
- Anima Media will however assist the Client upon request with Third Party Hosting Service Provider(s). This time may be billed to the Client at the discretion of Anima Media.
11 – Search Engine Optimization
- Anima Media 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.
- Anima Media can assist with the Client’s SEO if and when required and will issue the Client a Quotation accordingly.
12 – Completion Date
- Activation of the Client’s website is conditional to the balance due
- The Completion Date of a project is affected by feedback and received content from the Client. Time-frames will be adjusted within reason, notwithstanding these Terms & Conditions.
- The Client will be notified when the website is activated, and then the Client will have 2 (two) working days to report any faults or request minor alterations (within the initial Agreement), via email.
- Should Anima Media not receive a reply within 2 (two) working days via email, the Client’s website is considered finalised and complete. Therefore, Anima Media takes no responsibility for website content errors hereafter.
- Please note that any further adjustments or amendments after this date will be at an additional cost as set out in Terms and Conditions 13 below.
13 – Additional Work
- Additional Work requested and agreed to, or any other work in progress for the Client’s website after the Completion Date of the original Agreement, will be billed monthly in accordance to these Terms and Conditions, quoted and agreed to.
- All payment(s) and time-frame(s) as set out in these Terms and Condition shall apply.
- Setting clear goals, objectives and specifications in the initial negotiations and Project Specifications with Anima Media remain the responsibility of the Client.
- Anima Media may suggest Additional Work for the Client’s project, including but not limited to graphic design, software, etc. to enhance the Client’s website functionality and appearance, and reserves the right to do so free of charge or Anima Media will issue the Client a Quotation accordingly.
14 – Service Agreement
- The Client may request Anima Media access to their website’s Content Management System (CMS). Upon doing so, the Client indemnifies Anima Media from any changes made by the Client 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.
- A restoration fee in accordance to these Terms and Conditions, quoted and agreed to, will be billed when having to restore a website.
- Anima Media commit to respond to any technical error, which may be the result of their Hosting services, design software or any plausible fault, omission or neglect on their part within this agreement(s), within 2 (two) working days.
- Anima Media 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.
15 – Invoices & Statements
- Client Statements and accounts does not imply negotiable payment terms, and are issued in accordance with the nature of Anima Media being a month-to-month service provider.
- Anima Media will endeavor 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.
- ll Invoices are billed to the Client’s account and e-mailed to the Client in accordance with these Terms and Conditions, and payments made by the Client are allocated to Invoices on the Statement upon Anima Media having confirmed receipt of said funds.
- Invoices, corresponding payments received, and due balances will reflect on the Client’s Statement.
- Due to the nature of the business, additional Client Statements will be issued and emailed 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.
16 – Consultations
- Telephonic or email queries will be responded to free of charge for confirmed Clients.
- Meetings and consultations will be charged at the discretion of Anima Media, in accordance to these Terms and Conditions, quoted and agreed to.
17 – Legal Costs
- Failure to comply with these Terms and Conditions regarding payments and fees will result in legal action from Anima Media’s legal representative(s), and the full outstanding balance becomes payable.
- All legal costs resulting from non-payment will be accrued to the Client’s outstanding balance.
18 – Cancellation
- Should the Client 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. This is payable within 7 (seven) calendar days of Invoice date.
- Anima Media will only refund Client’s amounts paid, greater than the required deposit and/or milestone payments for products and/or services not delivered in accordance to the initial Agreement(s), or balance thereof.
- Hosting and Domain Fees are non-refundable, as these are paid in advance.
- Anima Media reserves the right at its discretion to cancel this Agreement should the Client breach any of the Terms and Conditions stated herein.
19 – Security
- Anima Media 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’s website.
- Anima Media’ 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.
20 – Changes to Terms & Conditions
- Anima Media reserves the right to make changes to these Terms and Conditions 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.
- Whenever changes are made to these terms and conditions, it will be communicated accordingly.