Terms & Conditions

The Contract

Between: DIGITAL BANDITS
And: CLIENT

Summary

We’ll always do our best to fulfill your needs and meet your expectations, but it’s important to have things written down so that we both know what’s what, who should do what and when, and what will happen if something goes wrong. In this contract you won’t find any complicated legal terms or long passages of unreadable text. We’ve no desire to trick you into signing something that you might later regret. What we do want is what’s best for both parties, now and in the future.

What do both parties agree to?

You: You have the authority to enter into this contract on behalf of yourself, your company or your organization. You’ll give us the assets and information we tell you we need to complete the project. You’ll do this when we ask and provide it in the formats we ask for. You’ll review our work; provide feedback and approval in a timely manner too. Deadlines work two ways, so you’ll also be bound by dates we set together. You also agree to stick to the payment schedule set out at the end of this contract.
Us: We have the experience and ability to do everything we’ve agreed with you and we’ll do it all in a professional and timely manner. We’ll endeavor to meet every deadline that’s set and on top of that we’ll maintain the confidentiality of everything you give us.
Getting down to the nitty gritty

Design

We create designs that adapt to the capabilities of many devices and screen sizes. We create them iteratively and use predominantly HTML and CSS within WordPress so we won’t waste time mocking up every template as a static visual. We may use visuals to indicate a creative direction (colour, texture and typography.) We call that ‘atmosphere.’
You’ll have plenty of opportunities to review our work and provide feedback. We’ll either share a Dropbox, Google Drive folder or development site with you and we’ll have regular, possibly daily contact by either phone or whatsapp.
If—at any stage—you change your mind about what you want delivered or aren’t happy with the direction our work is taking, you’ll be liable for half the cost of a once off plan according to the plan you selected.
All work completed by Digital Bandits (Pty)Ltd under the pay monthly plan remains the property of Digital Bandits (Pty)Ltd and should the Client (end user) decide to cancel the pay monthly service. A new once off quotation will be drawn up for the work done by Digital Bandits (Pty)Ltd under the pay monthly service and given to the end user.

Copyright

The CLIENT is responsible for all trademarks, service mark, copyright and patent infringement clearances. The CLIENT is also responsible for arranging, prior to publication, any necessary legal clearance of materials Digital Bandits (Pty) Ltd uses for this project. The CLIENT indemnifies Digital Bandits (Pty) Ltd against any loss or damage arising directly or indirectly from any unauthorized use of photographs, text, or other Intellectual Property not under copyright ownership of the CLIENT. Digital Bandits (Pty)Ltd reserves all rights over working source files, databases and owns full ownership of the website and design. The CLIENT will not have access to the Control Panel, Database or FTP, unless otherwise agreed to.

Branding and Text

The clients logo and images must be provided in a high quality, transparent background layout and the graphics and photographs are to be supplied in digital format and are within a 2mb size limit. All text must be supplied in digital format that can be copied and pasted

Browser testing

Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring 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 won’t test in other older browsers unless we agreed separately.

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 won’t test in Opera Mini/Mobile, specific Android devices, or other mobile browsers unless we agreed separately. If you need us to test using these, we can provide a separate estimate.

Search engine optimization (SEO)

We don’t guarantee improvements to your website’s search engine ranking as it is a constant effort, but the pages that we develop are accessible to search engines. Should you require SEO services kindly request an estimate from us.

Changes and revisions

We don’t want to limit your ability to change your mind. The price at the beginning of this contract is based on direction and we want to accomplish everything you’ve told us you want to achieve, but we’re happy to be flexible. If you want to change your mind, move in a new direction or add anything new, that won’t be a problem as we’ll provide a separate estimate for those additional hours.

Legal stuff

we’ll 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, we can’t guarantee that our work will be error-free and so we can’t be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them.
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, even if we’ve advised you of them.

Intellectual property rights

Just to be clear, “Intellectual property rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, get up and trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.
Blimey.
First, you guarantee that all elements of text, images or other artwork you provide are either owned by your good selves or that you’ve permission to use them. When you provide text, images or other artwork to us, you agree to protect us from any claim by a third party that we’re using their intellectual property.
We guarantee that all elements of the work we deliver to you are either owned by us or we’ve obtained permission to provide them to you. When we provide text, images or other artwork to you, we agree to protect you from any claim by a third party that you’re using their intellectual property. Provided you’ve paid for the work and that this contract hasn’t been terminated, we’ll assign all intellectual property rights to you as follows:

Displaying our work

We love to show off our work, so we reserve the right to display all aspects of our creative work, including sketches, work-in-progress designs and the completed project on our portfolio and in articles on websites, in magazine articles and in books.

Payment schedule & Failure to pay

We’re sure you understand how important it is as a small business that you pay the invoices that we send you promptly. As we’re also sure you’ll want to stay friends, you agree to stick tight to the following payment schedule.
We issue invoices electronically. Our payment terms are 7 days from the date of invoice by EFT or Cash. All proposals are quoted in ZAR and payments will be made at the equivalent conversion rate at the date the transfer is made. If the CLIENT is making us – DIGITAL BANDITS (pty) Ltd the manager of their website under the monthly maintenance plan and cancels their respective plan. DIGITAL BANDITS (pty) Ltd will remove them from the managewp platform and any further work conducted by DIGITAL BANDITS (pty) Ltd will be priced at R149 per hour of work done with a minimum of 1 hour per session. The CLIENT will still be responsible for the cost of the hosting of the website and their respective emails at the given price. You agree to pay all charges associated with international transfers of funds. The appropriate bank account details will be add to our electronic invoice. Should the Client not pay the invoice, Digital Bandits(Pty) Ltd reserves the right to withdraw the website and associated materials or refuse completion and/or delivery of work until past due balances are paid.

Competitions and/or Ads.

All our competitions and ads are based on utilization of Digital Bandits’ services for SEO , Website Design and Google Ads. All ads or competitions relating to website design hosting are only for once-off website design. All competitions and ads are for new clients and do not apply to existing clients unless otherwise specified. Gifts received from Digital Bandits cannot be redeemed / refunded or exchanged for monetary value or service from Digital Bandits. Only one gift per prospective client is allowed. Digital Bandits reserves the right to deny the use of a gift or coupon from clients should there be misuse of the service.

But where’s all the horrible small print?

Just like a parking ticket, neither of us can transfer this contract to anyone else without the other’s permission.
We both agree that we’ll adhere to all relevant laws and regulations in relation to our activities under this contract and not cause the other to breach any relevant laws or regulations.
This contract stays in place and need not be renewed. If for some reason one part of this contract becomes invalid or unenforceable, the remaining parts of it remain in place.
Although the language is simple, the intentions are serious and this contract is a legal document under exclusive jurisdiction of The South African Courts.
Oh and don’t forget those men with big dogs.