Terms & Conditions

This Services Agreement (the "Agreement") contains the complete terms and conditions which govern your subscription of Website Design, Development and other Graphic Designs Services provided by Vixion Design Pty Ltd. As used in this Agreement, " Vixion Design Pty Ltd " means Vixion Design Pty Ltd and "Client", "you", or "“your" means you. You acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on Our Website.

The following terms and conditions apply to all website development / design and other graphic design services provided by Vixion Design Pty Ltd to the Client.

Acceptance

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

Charges

Charges for services to be provided by Vixion Design Pty Ltd are defined in the project quotation that the Client receives. Quotations are valid for a period of 7 days. Vixion Design Pty Ltd reserves the right to alter or decline to provide a quotation after expiry of the 7 days. 

Unless agreed otherwise with the Client, all services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total due upon completion of the work, prior to release of materials.

Payment for services is due by bank transfer. Cheques should be made payable to Vixion Design Pty Ltd and sent to Vixion Design Pty Ltd. Bank details will be made available on invoices.

Client Review

Vixion Design Pty Ltd will provide the Client with an opportunity to review the appearance and content of the website and r graphic design material during the design phase and once the overall work is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Vixion Design Pty Ltd otherwise within ten (15) days of the date the materials are made available to the Client. 

Turnaround Time and Content Control

Vixion Design Pty Ltd will install and publicly post or supply the Client's website by the date specified in the project proposal, or at date agreed with Client upon Vixion Design Pty Ltd receiving initial payment, unless a delay is specifically requested by the Client and agreed by Vixion Design Pty Ltd.  

In return, the Client agrees to delegate a single individual as a primary contact to aid Vixion Design Pty Ltd with progressing the commission in a satisfactory and expedient manner.

During the project, Vixion Design Pty Ltd will require the Client to provide website content; text, images, movies and sound files (if any)

Failure to provide required content:

Vixion Design Pty Ltd is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.

This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your pproject because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge.

If you agree to provide us with the required information and subsequently fail to do within two weeks of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately.

NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant your work.

Payment

Invoices will be provided by Vixion Design Pty Ltd upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt.

Default

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Vixion Design Pty Ltd Web space, JS-Solutions Networks will, at its discretion, remove all such material from its web space. Vixion Design Pty Ltd 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. Cheques returned for insufficient funds will result in the Client's account being immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Vixion Design Pty Ltd reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Vixion Design Pty Ltd in enforcing these Terms and Conditions.   

Termination

Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. Telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

Indemnity

All Vixion Design Pty Ltd services may be used for lawful purposes only. You agree to indemnify and hold Vixion Design Pty Ltd harmless from any claims resulting from your use of our service that damages you or any other party. 

Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Vixion Design Pty Ltd the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Vixion Design Pty Ltd permission and rights for use of the same and agrees to indemnify and hold harmless Vixion Design Pty Ltd from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Vixion Design Pty Ltd that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.   

Standard Media Delivery

Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered on thumb-drive, CD or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by JS-Solutions Networks to return to the Client any images or printed material provided for use in creation of the Client's website, such return cannot be guaranteed.

Design Credit

A link to Vixion Design Pty Ltd will appear in either small type or by a small graphic at the bottom of the Client's website. If a graphic is used, it will be designed to fit in with the overall site design. The Client also agrees that the website developed for the Client may be presented in Vixion Design Pty Ltd portfolio. 

Access Requirements

If the Client's website is to be installed on a third-party server, Vixion Design Pty Ltd must be granted temporary read/write access to the Client's storage directories which must be 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

Vixion Design Pty Ltd 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.

General

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client's signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.

Governing Law

This Agreement shall be governed by South African Law.

Liability

Vixion Design Pty Ltd 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 web site;
• Loss or damage to clients' artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.

The entire liability of Vixion Design Pty Ltd 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.

Severability

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.