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© 2018
All Rights Reserved. Designed by - MOMENT DESIGNS - Terms and Conditions

TERMS AND CONDITIONS

Moment Designs is a freelance Graphic and Website Design business that specialize in logo design and branding. These terms and conditions are applicable to all Design projects that are undertaken by Moment Designs. If the project is to be hosted by Moment Designs, then the same terms and conditions will apply. The following terms and conditions document is a legal agreement between Moment Designs and “clients” for the purposes of Design projects. These Terms and Conditions set forth the provisions under which the client may use the services supplied.

1. Acceptance

Design Request Forms received by Moment Designs from clients is an acceptance of Moment Designs terms and conditions and quotations for the design request, also if deposit paid of sevety percent (70%). These terms and conditions are always available on our website for review. When the Client place an order to purchase a service from Moment Designs, the order represents an offer to Moment Designs to purchase the service which is then accepted by Moment Designs only when an quote is sent to the client. Any other services on the order, which have not been included in the quotation – do not form part of the terms and conditions. The Client agrees to check that the details of the Design Request Forms (DRF), Quotations and Invoices are correct and should keep a copy for their records. If the Invoice goes into 7 days (seven) and no payment have been made after project have been completed, then payment will become due for the full amount on the account outstanding. Moment Designs reserves the right to withdraw from projects at any time prior to acceptance.

2. Charges

There will be a 30% charge if clients does not accept any samples designed by Moment Designs or go on with design project, client will be responsible for the 30% payment for time spend on designing of samples. Clients do not have the right to take any samples designed from Moment Designs to any other 3de party or agency to copy or reconstruct, if in such case Moment Designs will take further actions. Charges for services to be provided by Moment Designs are defined in the project Design Request Forms (DRF), Quotation and Invoice that the Client receives via e-mail. Invoices are valid for a period of 7 days (seven) unless alternate timescales has been agreed beforehand with the Client in writing. Clients that want to put new information or do changes after all Graphic and Website Design projects, will be charged an editing fee. All Design projects more than R500 will require an advance payment of seventy percent (70%) percent of the project Quotation total before work will commence. The remaining balance thirty percent (30%)of the project Invoice total will be due upon completion of the work prior to the server or release of materials. Payment for services is due by bank transfer or cash payment. All

3. Content Control

Client agrees to provide any needed information and content required by Moment Designs in good time to enable Moment Designs to complete a Graphic or Website Design project, as part of an agreed project. Client agrees that a HTML page built from a graphic design may not exactly match the original design because of the difference between the display in design software and the rendering of HTML code by internet browser software. Moment Designs agrees to try to match the design as closely as possible when building the code. Moment Designs endeavours to create pages that are search engine friendly, however, Moment Designs gives no guarantee that the site will become listed with search engines or of certain search results. In no event shall Moment Designs be held liable for any changes in search engine rankings because of using Moment Designs code. If an error or issue with the design or code arises from search engine analysis, then Moment Designs is not held liable. After Graphic or Website Design project completion and full payment is received, a Client or a third party of their choosing may wish to edit their website code or change Graphics layout themselves to make updates. However, the client agrees that in so doing they assume full responsibility for any issues which occur because of changing the code themselves. If client or a third party of their choosing edits the website code or Graphics layout and these results in functionality errors or the page displaying incorrectly, then Moment Designs reserves the right to re-quote for work to repair the website or Graphics layout, however Moment Designs will not be held liable. Moment Designs reserves the right to assign subcontractors in whole or as part of a project if needed. Moment Designs is not responsible for any printing work on Graphic Design projects as the client must get or go to their own printing company. Printing work can be done through Moment Designs on request, as Moment Designs outsource there printing work if needed, as part of Moment Designs terms and conditions. Client agrees that it is their responsibility to have regular backups of their website and software made by themselves or third party services in case of a software or hardware failure upon completion and full payment of the project. All communications between Moment Designs and client shall be by telephone or email.

4. Payment and Non Payment

Moment Designs will provide Invoices upon completion of the work for Design projects and any associated services. Invoices are due within 7 days (seven) of receipt after which a reminder may be sent to the client. If the Invoice has not been settled on completion of their services then Moment Designs will consider the account to be in default. Additional work requested by the client, which is not specified in the agreed Design Request Forms (DRF), Quotations or Invoices, is subjected to a separate Design project and Moment Designs reserves the right whether to re-quote or accept additional work. If Moment Designs accept, additional work may affect timescale and overall delivery time of the project. If design projects is less than R500 full payment of Invoices will be required before Moment Designs start the project. Should the design project be more than R500, then seventy percent (70%) of the payment of Invoices is to be received before work commences and the second payment of thirty percent (30%) to be received towards the end of work and before handover of finished files. Once an Invoice is sent to the client, payment by bank transfer (EFT) and sent with proof of payment to the Moment Designs email. Moment Designs reserves the right to decline further work on a project if there are Invoices outstanding with the client. Clients may cancel a project in writing by email to Moment Designs, and the project is cancelled only if Moment Designs confirms work has not been started on the project. If Moment Designs has begun or completed the work and the client no longer requires or cancel the project but have agreed to the work, they are still obliged to pay Moment Designs for the work that has been carried out or completed. All Invoices are submitted by email except where required otherwise by regulations or agreed at Moment Designs discretion.

5. Refunds

Moment Designs will not refund deposits for work already performed on clients design projects. We guarantee to honour our obligations of service as we expect our clients to honour theirs.

6. Web Browsers

Moment Designs shall make every effort to ensure sites are designed to be viewed by the majority of visitors. Client agrees that Moment Designs cannot guarantee correct functionality with all browser software across different operating systems. Clients agree that after handover of files any updated software versions of the main browsers, Domain Name setup changes or hosting setup changes thereafter may affect the functionality and display of their web site. As such, Moment Designs reserves the right to re-quote for any work involved in changing the website design or website code for it to work with updated browser software, but will not be held liable.

7. Post Project Alterations

Moment Designs cannot accept responsibility for any alterations caused by the Client or a third party occurring to the Client's design projects. Such alterations include, but are not limited to additions, modifications or deletions. Moment Designs may require a once-off Graphic or Website Design charge before resolving any issues that may arise.

8. Domain Names and Hosting

Moment Designs prefer clients to sign up for their own Hosting and Choose their own desired Domain Name at their Hosting Company of choice, Client’s agree to send all login details to Moment Designs so that website files can be uploaded when website design is completed and to work on in the future. Moment Designs can provide hosting for clients, as client understands that hosting is outsourced to a reliable Hosting Company. Moment Designs can refer the Client to a reliable Hosting Company for sign up and help Client’s to get signed up.

9. Liability and Warranty Disclaimer

Moment Designs provides their web site and the contents thereof on an “as is” basis and makes no warranties with regard to the site and its contents, or fitness of services offered for a particular purpose. Moment Designs cannot guarantee the functionality or operations of their web site or that it will be uninterrupted or error free, nor does it warrant that the contents are current, accurate or complete. The Client agrees Moment Designs is not liable for absence of service as a result of illness or holiday. The Client agrees Moment Designs is not liable for any failure to carry out services for reasons beyond it's control including but not limited to: telecommunication problems, software failure, hardware failure and third party interference, emergency on major scale or any social disturbance of extreme nature such as industrial strike, riot or omission of any third party services. Moment Designs is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided. On handover of files from Moment Designs to Client, the Client shall assume entire responsibility in ensuring that all files are functioning correctly before use. Whilst every effort is made to make sure files are error free, Moment Designs cannot guarantee that the display or functionality of the web design or the web site will be uninterrupted or error free. If after handover of files errors are found in code the developer has created, domain name setup and hosting setup are the same as when work began, then Moment Designs can correct these errors for the Client at it's own discretion, but will not be held liable for these errors. Moment Designs may from time to time recommend to the Client that updates are needed to their site to comply with, including but not limited to. Moment Designs reserves the right to quote for any updates as separate work. Client agrees Moment Designs is not liable for any failure to inform or implement these updates to their site. Client agrees that it shall defend, indemnify, save and hold Moment Designs harmless from any demands, liabilities, costs, losses and claims arising from omission to inform or implement these updates.

10. Non-Disclosure

Moment Designs and any third party associates agrees that, except if directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information. Likewise, the Client agrees that it will not convey any confidential information about Moment Designs to another party.

11. Interpretation

Moment Designs reserves the right to terminate a project with a Client at any time without prior notification if it finds the Client in breach of these Terms and Conditions. Moment Designs shall be the sole arbiter in deciding what constitutes a breach. No refunds are given in such a situation. Moment Designs reserves the right to alter these Terms and Conditions at any time without prior notice, the Terms and Conditions can be found at the Moment Designs website at www.momentdesigns.co.za. By accepting a Design Request Form (DRF), Quotations and Invoices or making a payment of deposit to use the services supplied, the Client acknowledges to have accepted the Terms and Conditions of this Agreement, and agrees to be legally binding by these Terms and Conditions. These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s Design Request Form (DRF) and payments constitutes agreement to and acceptance of these Terms and Conditions.