The fine print
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.
Quotations: Quotations are free of charge and you are under no obligation, until the quote is accepted by you in writing (email is fine). By accepting the quote, you have agreed to the terms and conditions as outlined here. Quotations are valid for 14 days. Costs on quotations are not binding
Payments: We require a 50% deposit before any work can begin. Once quote is accepted, we will forward the invoice for the deposit. Payment of the deposit signifies that the terms herein have been read and accepted. The deposit is only refundable if no work has been conducted. If work has been done on the project and a refund be requested before completion, Website Brothers will refund a percentage of the amount paid based on the hours spent on the project.
Once the deposit has been paid, we require all information to be provided to us by the client. Only once we have received all content, can we commence with the project.
Only once full payment has been received, will we go live with your website. We will only go live with your website once we have your approval that you are happy with the final changes followed out.
Timeline and Revisions: Projects that are put on hold in account of the client for more than 30 calendar days will be invoiced according to the work already done on the project. We will continue to work on the project once the client is ready.
Should the client be unable to provide all information and content that is needed to fully complete the project and go live, Website Brothers will invoice the client 40% of the outstanding invoice amount. The remainder 10% will be invoiced when we are ready to go live with the website. Projects that lay dormant for 30 days will be canceled and the deposit paid will be forfeited
Information/Content must be provided in word/text format and supplied to us electronically, this includes your logo and any other image material you wish for us to include on your website.
The completion date of the project will be influenced by retrieval of content, feedback and website changes. Timelines will be adjusted accordingly.
You’ll review our work, provide feedback and approval in a timely manner, we allow for 10 hours changes once the design has been approved. Should we exceed the allocated time, we will invoice hourly at a rate of R650.00 per hour. Deadlines work two ways, so you’ll also be bound by dates we set together.
Changes must be requested in writing (via email).
When everything goes as planned, the original timeline should be met. This is the best case scenario and should happen more times than not
If there are changes to the original scope, this would mean more work, and at the very least they require re-direction and further planning – This will extend the original timeline given as well as costs which will be billed at our hourly rate of R650.00
Timelines given are purely estimates. With almost every project, there are circumstances you can’t plan for. For example, some seemingly simple items may create certain roadblocks or require more analysis and development than expected. In such cases, additional costs may be charged at our hourly rate of R650.00
Incomplete website files will be kept on our servers provided hosting fees are paid. Website Brothers will not be held liable for loss of files.
Meeting timelines will also depend on the client. The more time the client takes to provide feedback, changes or approval, the less time there is to do the work.
Copyright: The Client agrees to indemnify and hold Website Brothers harmless against any and all claims, costs, and expenses, including attorney’s fees, due to materials included in the Design at the request of the Client for which no copyright permission or privacy release was requested, or for which uses exceed the uses allowed pursuant to a permission or release.
- Cancellation Fees: In the event of Cancellation, Website Brothers will be compensated for services performed through the date of cancelation in the amount of a prorated portion of the fees due. Upon cancellation all rights to the website revert to Website Brothers and all original art must be returned, including sketches, comps, or other preliminary materials. Once the prorated portion of the fees have been paid, Website Brothers will hand over all relevant access details over to the client. Therefore, the incomplete Website will become property of the client.
- Preliminary Works: All work remains the property of Website Brothers until final payment is received.
WEBSITE DESIGN
While every attempt will be made to ensure that the website and any scripts or programs are free of errors and conflicts, Website Brothers cannot agree to take accountability for any losses that may incur due to malfunction of the website. The client will have full responsibility to ensure that all software is functioning correctly before use.
Any additional work such as pages or features that are not included in the quote, will be charged separately. Website Brothers will inform the client of the additional costs before the work is done.
Once your website is live on the web, Website Brothers will provide a 30-calendar day window to test the website for any problems/bugs to the software or files that was invoiced on. After this 30-day period, any further changes or updates to software will be charged for.
There are constant improvements being made to core and security files with WordPress. For this reason, it is important to keep all plugins/WordPress files up to date. We offer maintenance packages which includes keeping all files up to date.
WEBSITE SECURITY
Whilst Website Brothers ensures every attempt is made to secure your website, website hacking and malware do occur. There are many possible ways your website can get hacked, from your PC not being secure to your email address password being too easy. We will not be held responsible should your website be hacked. We will investigate and will need to charge accordingly to have the malware removed.
THE PROTECTION OF PERSONAL INFORMATION ACT
PRIVACY NOTICE
This Notice explains how we obtain, use, and disclose your personal information following the Protection of Personal Information Act (“POPIA”) and is effective as of 1st July 2021.
At Oyster Media (Pty) Ltd, OYSTER MEDIA (and including the website (www.oystermedia.co.za), POPI Act-Compliance), we are committed to protecting your privacy so that your personal information is collected and used correctly, lawfully, and transparently.
The information we collect.
We collect and process your personal information in order to contact you, to understand your requirements and to deliver services accordingly. For this purpose, we will collect contact details, including your name and organisation which may be used for issuing quotations, newsletters, reporting, meeting schedules & account-related services.
We collect information directly from you, the customer, where you provide us with your details. Where possible, we will inform you what information you are required to provide us with and what information is optional.
How we use your information
We will use your personal information only for the purposes for which it was collected and agreed with you. In addition, where necessary, your information may be retained for legal or research purposes.
For example:
- To gather contact information.
- To confirm and verify your identity or to verify that you are an authorised user for security purposes.
- For the detection and prevention of fraud, crime, money laundering or other malpractice.
- For audit and record-keeping purposes.
- In connection with legal proceedings.
- Trade references.
Website usage information is collected using “cookies”, which allows us to collect standard internet visitor usage information.
Disclosure of information
We may disclose your personal information to our service providers involved in delivering products or services to you. We have agreements to ensure that they comply with the privacy requirements as required by the Protection of Personal Information Act.
We may also disclose your information:
- Where we have a duty or a right to disclose in terms of law or industry codes.
- Where we believe it is necessary to protect our rights.
Information Security
We are legally obliged to provide adequate protection for the personal information we hold and to stop unauthorised access and use of personal information. Accordingly, we will, on an ongoing basis, continue to review our security controls and related processes to ensure that your personal information remains secure.
Our security policies and procedures cover:
- Physical security
- Computer and network security
- Access to personal information
- Secure communications
- Security in contracting out activities or functions
- Retention and disposal of information
- Acceptable usage of personal information
- Governance and regulatory issues
- Monitoring access and usage of private information
- Investigating and reacting to security incidents
We will ensure that anyone to whom we pass your personal information on to, agrees to treat your information with the same level of protection as we are obliged.
Your Rights: Access to information
You have the right to request a copy of the personal information we hold about you. To do this, contact us at the numbers/addresses as provided on our website and specify what information you require. We will need a copy of your ID document to confirm your identity before providing your personal information.
Please note that any such access request may be subject to payment of a legally allowable fee.
Correction of your information
You have the right to ask us to update, correct or delete your personal information. We will require a copy of your ID document to confirm your identity before changing the personal information we may hold about you. We would appreciate it if you would keep your personal information accurate.
Definition of personal information
According to the Act, ‘‘personal information’’ means information relating to an identifiable, living, natural person and, applicable, an identifiable, existing juristic person. Further to the POPI Act, COR Concepts also includes the following items as personal information:
- All addresses, including residential, postal and email addresses.
- Change of name – We require copies of the marriage certificate or official change of name document issued by the state department.
How to contact us
If you have any queries about this Notice, you need further information about our privacy practices; wish to withdraw consent, exercise preferences or access or correct your personal information. Please contact us at the numbers/addresses listed below.
OYSTER MEDIA (Pty) Ltd
Company Tel: 031 566 5016
Company Address: Suite 5, Lighthouse Quarter, 14 Chartwell Drive, Umhlanga, 4320