These terms and conditions govern all web development and graphic design services provided by Circle Media Development to the Client. If a Client accepts a quote, they are deemed to have reviewed and accepted these conditions in full. Your engagement with our services implies acceptance of these terms and conditions.
Charges for services provided by Circle Media Development are detailed in the project quotation/proposal sent to the Client via email. Quotations/proposals are valid for thirty (30) days. Circle Media Development reserves the right to alter or decline to provide a quotation after the expiration of this period.
Unless otherwise agreed, a non-refundable advance payment of sixty percent (60%) of the project quotation total is required before initiating work. The remaining forty percent (40%) is due upon completion of the work, prior to server upload or material release.
Payment for services is due by EFT, and bank details will be provided on invoices.
- Client Review
Circle Media Development will provide the Client with opportunities to review the appearance and content of the website or any graphic design elements during the respective design phases. Materials will be deemed accepted and approved if no notification of changes is received within ten (10) days of material availability.
- Turnaround Time and Content Control
Circle Media Development will deliver the Client’s website or design material by the specified date or as agreed with the Client. Final files will only be released upon receipt of full payment. The Client agrees to appoint a primary contact for seamless project progress.
During the project, the Client must promptly provide website content, failing which, within two (2) weeks of project commencement, may result in project closure with the remaining balance becoming immediately payable.
Final payment is required upon completion but before publishing the live website or sending final graphic design files. Invoices are due upon receipt, and any unpaid accounts after thirty (30) days may incur a service charge.
- Additional Expenses
The Client agrees to reimburse Circle Media Development for any additional expenses necessary for the completion of web and graphic design work, such as special fonts or stock photography.
Accounts unpaid thirty (30) days after the date of the invoice will be considered in default. If the Client in default maintains any information or files on Circle Media Development’s web space, the company may, at its discretion, remove all such material from its web space. Circle Media Development is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Clients with accounts in default agree to pay Circle Media Development reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred in enforcing these Terms and Conditions.
Termination of services by the Client must be requested in written notice and will be effective upon receipt of such notice. Email or telephone requests for termination of services will not be honored until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of the first notice of cancellation.
Services may only be used for lawful purposes, and the Client agrees to indemnify Circle Media Development from any claims resulting from misuse of our services.
The Client retains copyright to data, files, and graphic logos provided, granting Circle Media Development rights to publish and use such material. The Client is responsible for obtaining permissions for third-party copyrighted material.
- Standard Media Delivery
Unless otherwise specified, this Agreement assumes that any text will be provided by the Client in electronic format and that all photographs and graphics will be provided physically in high-quality print suitable for scanning or electronically in .gif, .jpeg, .png, or .tiff format. Every reasonable attempt shall be made to return any images or printed material provided for use in creating the Client’s website.
- Access Requirements
If the Client’s website is to be installed on a third-party server, Circle Media Development must be granted temporary read/write access to the Client’s storage directories, accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.
- Post-Placement Alterations
Circle Media Development cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to, additions, modifications, or deletions.
- Domain Names
Circle Media Development may purchase domain names on behalf of the Client. Payment and renewal of those domain names are the responsibility of the Client. The loss, cancellation, or otherwise of the domain brought about by non or late payment is not the responsibility of Circle Media Development.
These Terms and Conditions supersede all previous representations, understandings, or agreements. The Client’s payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions.
- Social Media Management
Social Media Marketing and Management is defined as helping a client promote their products or services through social media channels. Circle Media Development will honor the components of your chosen social media package, providing an agreement to a minimum three (3) months’ contract is served and monthly payments are received in advance. In the event that payment is not received on time, we regret that further work will be halted until this is rectified.
- Governing Law
This Agreement shall be governed by The Laws of South Africa.
Circle Media Development hereby excludes itself, its employees, and/or agents from all and any liability from:
– Loss or damage caused by any inaccuracy.
– Loss or damage caused by omission.
– Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the website.
– Loss or damage to clients’ artwork/photos supplied for the site, whether the loss or damage results from negligence or otherwise.
The entire liability of Circle Media Development to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.
In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, the remaining provisions of this Agreement shall be unimpaired, and the Agreement shall not be void for this reason alone. Such invalid, illegal, or unenforceable provision shall be replaced by a mutually acceptable valid, legal, and enforceable provision, which comes closest to the intention of the parties underlying the invalid.
Refunds and Cancellations
Cancellation by the Client
If the Client decides to cancel the project before completion, the Client forfeits the non-refundable deposit. In addition to the non-refundable deposit, all monies paid by the Client shall be retained by Circle Media. If applicable, the Client shall also be responsible for a fee covering all work completed beyond what was already paid for.
Postponement by the Client
In the event of a project postponement initiated by the Client, the non-refundable deposit is retained by Circle Media. All monies paid by the Client will be held for the rescheduled project, subject to the availability of Circle Media.
Termination by the Agency
The Agency reserves the right to terminate the project if the Client fails to comply with the terms of this Agreement. In such cases, the Client will not be entitled to a refund of the deposit or any payments made. If applicable, the Client shall also be responsible for a fee covering all work completed beyond what was already paid for.