Terms of Service


The terms of service contained herein are the latest official Boss Web Design terms of service and should be deemed as such. This version supersedes the terms of service in any other written and/or verbal agreement. Boss Web Design retains the right, in it's sole discretion, to change the terms of service or any part thereof at any time without prior written notice.

Boss Web Design, located at "www.bosswebdesign.co.za", operates as an independent contractor for the specific purpose of developing and/or improving a website or other design projects, herein collectively referred to as creative works, within the parameters outlined below. By using this website and/or transacting with Boss Web Design, you, the Client, are deemed to have read and understood that which follows.

To report abuse, clients may email us at abuse[at]bosswebdesign.co.za.

1. Authorization.

The Client hereby authorizes Boss Web Design to act on their behalf and access any accounts deemed necessary to fulfill the services requested. The Client authorizes the web hosting service to provide Boss Web Design with "write permission" for the Client's webpage directory, CGIbin directory and including, but not limited to, other directories, programs or accounts which need to be accessed for the creative works being developed.
The Client also authorizes Boss Web Design to display a credit link and/or image at the bottom of a Client's completed website.


2. Payment Terms.

A minimum deposit of 50% is required before commencing work within 5 days of a formal quotation and signed agreement. Formal quotations are only valid for 5 days owing to time and resource constraints on the part of Boss Web Design. To that end, a new formal quotation will be required if a signed agreement does not commence within 5 days of the existing formal quotation.

Fees to Boss Web Design are due and payable on the following schedule: 50% upon signing of contract and the balance upon creative works completion along with written Client approval within 7 days, but prior to delivery/uploading. If the total amount of this contract is less than R1000, the total amount shall be paid upon signing of contract and any additional costs incurred during development will be fall due upon the completion of creative works. Depending on method of payment, additional time may be required for verification of funds. Refunds on any amounts paid shall not be allowed subject to the discretion of Boss Web Design.

Installation of the website may occur only after the final payment is made. All payments will be made in South African Rands (ZAR).

Boss Web Design reserves the right to remove creative works from viewing on the Internet until final payment is made and levy interest at 2.5% on the total amount per a week overdue. If a payment delay is anticipated, please contact Boss Web Design immediately for an alternative arrangement. In case collection proves necessary, the Client agrees to pay all fees incurred by that process. This agreement becomes effective only when signed by Boss Web Design. Regardless of the place of signing this agreement, the Client agrees that for purposes of venue, this contract was entered into in Durban, KwaZulu Natal and any dispute will be litigated or arbitrated in Durban, KwaZulu Natal, South Africa.


3. Standard Custom Website Package.

It remains the Client's responsibility to assert Boss Web Design fully understands the scope of the project before contractual obligations are made.Website pages are considered to only include basic unformatted text and images provided by the Client, additions and modifications shall be quoted for separately. A standard custom website package including website pages constitutes:

3.1 Domain Registration. Boss Web Design shall attempt to secure the Client's desired domain name if requested to do so and makes no gaurantee of availability. The Client is entitled to 1 free domain for the first year with a '.co.za' domain name extension only, thereafter fees accruing and management are the responsibility of the Client. Additional domains and/or domains with other extensions shall be billed for accordingly.

3.2 Text. All text for the website must be supplied by the Client and in a Microsoft Word (.doc) format via e-mail. A separate Microsoft Word document must be supplied for each page of the website and must be formatted accordingly, have a word limit of 1000 words per a page and be labeled according to the website page with which it corresponds. Boss Web Design does not format or proof read documents.

3.3 Images. All images to be displayed on pages and/or incorporated into the website must be supplied by the Client. They must be supplied in either of the formats including JPEG, PNG or TIFF and each file may not be larger that 500 Kilobytes (kbs). No editing besides the resizing of images shall take place. There is a limit of 2 images per page.

3.4 Installation. The completed website shall be uploaded and installed on the Client's web hosting server, upon written approval via e-mail and settlement of all balances owing by the Client, provided that the Client uses the web hosting company recommended by Boss Web Design.
If the Client uses another web hosting company, Boss Web Design shall provide the Client with the completed files necessary to implement the installation themselves. Boss Web Design cannot warrant full functionality of the completed website when another web hosting company is used owing to server compatibility and/or other direct or indirect issues.

3.5 Cross Browser Compatibility. Boss Web Design makes an effort to ensure compatibility among the major leading web browsers through testing functionality. However, no gaurantee may be made concerning the consistency of viewability among every web browser owing to the nature of technological differences between web browsers.


4. Additional Expenses.

The Client agrees to reimburse Boss Web Design for any critical Client requested expenses necessary for the completion of the creative works. Examples include, but are not limited to:

- Purchase of specific fonts at the Client's request.
- Purchase of specific photography at the Client's request.
- Purchase of specific software at the Client's request.


5. Client Amendment And Change Requests.

Boss Web Design encourages input from the Client during the design process of creative works subject to the following conditions:

Boss Web Design allows 3 minor revisions to design elements of a website including, but not limited to, text, images and element colours. Other design projects are subject to their specified revisions indicated.
 
However, Boss Web Design understands that Clients may request significant design changes, to the creative works in question, which do not fall under the minor revisions agreement or the specified revisions indicated. To that end, Boss Web Design bills at a standard rate of R350.00 per hour and shall notify the Client of the additional fees before amendments are made.

Some examples of significant page modification include, but are not limited to,:
        
- Developing a new table or layer structure to accommodate a substantial redesign at the Client's request.
- Recreating or significantly modifying the company logo graphic and website graphical elements at the Client's request.
- Replacing more than 75% of the text to any given page at the Client's request.
- Creating a new navigation structure or changing the link graphics at the Client's request.
- Adding additional code or plug-ins to the Client's website, at the Client's request, which were not specified in the agreement.


6. Third Party or Client Modification.

Some Clients may desire to independently edit or update their creative works once transfer of ownership to the Client has taken place. Note however, Boss Web Design is not responsible for any and all liabilities and/or damages to such creative works once transfer of ownership has taken place.


7. Web Hosting.

The Client understands that any web hosting services require a separate contract with
a web hosting service provider. The Client agrees to select a web hosting service that allows Boss Web Design full access to the server's cgi-bin directory and other required accounts for the development of the Client's website.
The Client further understands that if the web hosting service's operating system and technical specifications are not that which is required, standard CGI software and the website may not fully function, and providing a substitute may incur additional charges.
Thus, Clients are encouraged to use Boss Web Design's recommended web hosting service or ask for technical requirements of the website package if using a different web hosting service.


8. Work Schedule.

Boss Web Design shall submit the first mockup draft of the website within 14 working days after the receipt of a signed agreement, 50% deposit of the total amount and website design brief including, but not limited to, text, company logo and images.

The Client is to provide Boss Web Design with all the data needed to complete the website within 7 days of signing an agreement. Failure to provide all the needed data, on the part of the Client, withinin no more than 14 days of a signed agreement, unless otherwise agreed by both parties in writing, may result in project cancellation in which case the full deposit amount will be forfeited. Any delay caused by the Client, may result in a delivery timeline delay equal to the delay caused by the Client which include, but are not limited to, reviewing of mockups, client testing of creative works, client sending of all prerequisite data.

Upon receipt of all the required data, the Client will be provided with an image or test version of the website mockup ('look and feel') for approval before inserting all the Client's data. Once the mockup is approved, insertion of all the Client's data will commence.  The website shall be completed and a test vesion will be uploaded to Boss Web Design's server which will allow the Client to test for any faults. Should the Client fail to provide written approval of deliverables or fail to raise any concerns or complaints in this regard, in writing, within no more than 7 days following initial delivery or uploading or publication of creative works, it shall be considered that such deliverables are accepted and approved by the Client.

Upon completion of the website, an e-mail will be sent to the Client indicating the work has been completed and any balances still owing are due. After the contract has been paid in full, the website will then be uploaded to the Client’s hosting company. Final payment is due within 7 days of notification of website completion and/or project closure. All services offered by Boss Web Design are once-off and a project is deemed to be completed and approved by the Client with the final payment of any outstanding balances.

The Client is advised to make personal back-ups of the completed website, uploaded to their hosting company's server, as Boss Web Design shall not be responsible for the storage of Client file back-ups.


9. Support and Maintenance.

Additional support and maintenance including, but not limited to, changes, updates or modifications, received after project completion and final approval, not provisioned in the formal quotation shall be subject to the standard rate of R350.00 per hour.


10. Training.

Unless otherwise stated in the formal quotation, training is not included. However, recommendations and sources of useful resources shall be indicated.


11. Copyrights and Trademarks

The Client represents to Boss Web Design and unconditionally guarantees that any elements of text, graphics, images, designs, trademarks, or other artwork furnished to Boss Web Design for inclusion in creative works are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend  Boss Web Design and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.


12. Assignment of Project.

Boss Web Design reserves the right to assign certain subcontractors to this project to insure the right fit for the job as well as on-time completion. Boss Web Design warrants all work completed by subcontractors for this project.


13. Eligibility.

The Client and/or authorized representative of the Client certifies that he or she is at least 18 years of age, competent (of sound mind and body) and legally capable of entering into a contract.


14. Warranties and Liability.

The Client agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the web hosting service, the host server or Boss Web Design. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, nudity, violations of privacy, computer viruses, harassment, any illegal activity, spamming, advocacy of an illegal activity, and any infringement of privacy.
        
The Client hereby agrees to indemnify and hold harmless Boss Web Design from any claim resulting from the Client's publication of material or use of those materials.

Boss Web Design will not develop a pornography or warez website for the Client. Boss Web Design also reserves the right to determine which creative works project it accepts and rejects on any basis.

Boss Web Design does not warrant the functions of the website will meet the Client’s expectations of website traffic or resulting business or that the operation of the website pages will be uninterrupted and/or error-free.  Boss Web Design is not be held responsible for occasional downtime of e-mail or the website due to line interruptions and/or other instances beyond Boss Web Design's control.


15. Indemnification.

The Client agrees to defend, indemnify, save and hold Boss Web Design harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees associated with Boss Web Design's development of the Client's creative works. This includes, but is not limited to, liabilities asserted against Boss Web Design, it's subcontractors, it's agents, its Clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the Client, its agents, employee or assigns.
        
The Client also agrees to defend, indemnify and hold harmless Boss Web Design against liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the Client's website. This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization, or business.

Boss Web Design makes no representations or warranties, implied or otherwise, that the content or technology, amongst others, available from products or services supplied by Boss Web Design are free from errors and/or omissions or that the service will be 100% uninterrupted and/or error free.


16. Laws Affecting Electronic Commerce.

From time to time governments enact laws and levy taxes and tariffs affecting Internet electronic commerce. The Client agrees that the Client is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Boss Web Design and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet electronic commerce.


17. Ownership.

Copyright to the finished assembled creative works produced by Boss Web Design is owned by Boss Web Design. Upon final payment of this contract, the Client is assigned rights to use the images, source code, graphics, and text contained in the finished assembled creative works. Rights to imagess, graphics, source code, work-up files and computer programs are specifically not transferred to the Client, and remain the property of their respective owners. Any third party design materials and/or source files acquired on behalf of the Client, at the Client's request, may retain further licencing restrictions which the Client must adhere to.

Boss Web Design and its subcontractors retain the right to display all creative works as examples of their work in web search engines, web directories, indexes, and their respective portfolios.


18. Litigation.

Any disputes arising form this contract will be litigated or arbitrated in Durban, Kwa-Zulu Natal.  This agreement shall be governed and construed in accordance with the laws of Kwa-Zulu Natal, South Africa.

Undersigned hereby agree to the terms, conditions and stipulations of this agreement on behalf of his or her organization or business. This agreement constitutes the entire understanding of both parties.  Any changes or modification thereto must be in writing and agreed to by both parties.


19. Sole Agreement.

The agreement contained in this "Design Contract" constitutes the sole agreement between Boss Web Design and the Client regarding the specified creative works. Any additional work not specified in this contract must be authorized by a written change order. Continued services after acceptance of creative works will require a new agreement.

This agreement constitutes the entire understanding of Boss Web Design and the Client. This agreement terminates and supersedes all prior understanding or agreements on the subject matter hereof.  Any changes or modification thereto must be in writing and agreed to by both parties.


20. Termination of Agreement.

All agreements remain valid until such time that the Client, with a minimum of 14 days notice before work commences, terminates the respective agreements in writing. Upon client termination, all fees paid shall be forfeited and any amounts owing shall fall due.
In the case that Boss Web Design terminates any agreements, written notice of 1 day shall be given via e-mail along with the refund of initial deposits paid less the unrecoverable expenses of third parties. Boss Web Design retains the right to terminate agreements, in it's sole discretion, on grounds that include, but are not limited to, work falling outside the scope of the initial agreement, lack of time or resources or abilities, issues affecting Boss Web Design's operations such as environmental disasters or civil unrest or political unrest that are not within Boss Web Design's control.


21. Enforcibility.

If any provisions of this agreement are deemed unlawful, void or for any reason unenforceable then those provisions in question will be severable and shall not affect the validity and enforceability of any remaining provisions.