Standard Terms and Conditions
These Standard Terms and Conditions shall apply to all services rendered by Arcon Design Solutions PTY LTD (herein referred to as Arcon Solutions) and shall be incorporated into all agreement/s between Arcon Solutions and any Customer placing and order with Arcon Solutions.
Laws and jurisdiction
These Standard Terms and Conditions shall be interpreted in accordance with the relevant laws of South Africa.
Arcon Solutions services may only be used for lawful purposes.
Right to refuse service
Arcon Solutions reserves the right to refuse service without having to express the reason why.
The names of actual companies and/or services/products mentioned herein are the property of the respective companies mentioned.
Intellectual property rights
In the event where the Customer provides Arcon Solutions with art work, graphics, trademarks and any other contextual content, the content provided should be wholly owned by the Customer, or that the Customer has the permission of the rightful owner to use each of the contextual items, and will hold harmless, protect and defend Arcon Solutions, its employees, shareholders and subcontractors from any claim or suit arising from the use of the items provided by the client.
Any graphics, artwork and contextual content created by Arcon Solutions remains the property of Arcon Solutions, until paid in full by the Customer. Upon payment in full of the project, the Customer receives ownership of the said final product and grants Arcon Solutions rights to use in its portfolio and other non-profit uses.
Limitation of liability
In the event where Arcon Solutions is unable to provide services agreed upon between Arcon Solutions and the Customer due to circumstances outside of it’s reasonable control, then Arcon Solutions shall not be held liable for any losses or be liable for monies payable to the Customer as a result thereof.
The information and services included in or available through the Arcon Solutions website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Arcon Solutions and/or its partners may make improvements and/or changes in the Arcon Solutions website at any time. Advice received via Arcon Solutions’s website should not be relied upon for personal, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation. Arcon Solutions and/or its partners make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, services and related graphics contained on the Arcon Solutions website for any purpose. To the maximum extent permitted by applicable law, all such information, services and related graphics are provided “as is” without warranty or condition of any kind. Arcon Solutions and/or its partners hereby disclaim all warranties and conditions with regard to this information, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by applicable law, in no event shall Arcon Solutions and/or its partners be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Arcon Solutions website, with the delay or inability to use Arcon Solutions website or related services, the provision of or failure to provide services, or for any information, services and related graphics obtained through the Arcon Solutions website, or otherwise arising out of the use of the Arcon Solutions website, whether based on contract, tort, negligence, strict liability or otherwise, even if Arcon Solutions or any of its partners has been advised of the possibility of damages.
The Customer shall indemnify Arcon Solutions and its partners, employees and shareholders in full against all actions, claims, proceedings, damages, fees, demands, losses, costs and any other expense/ liabilities made against or incurred or suffered by Arcon Solutions and its partners, employees and shareholder on all works done.
To avoid any doubt, the Customer agrees and acknowledges that Arcon Solutions is not providing the Customer with the benefit of any insurance, beyond any specifically required law, with respect to any risk that may arise out of or as the result from the use by the Custmer of Arcon Solutions’s services and online facilities, and any consequential risks that may arise from it.
All work carried out by Arcon Solutions, whether it’s prototype or otherwise, will be at the Customer’s expense.
General completion dates
The Customer and Arcon Solutions must work together in order to meet the set project deadlines. Should Arcon Solutions not receive timeous feedback and content required from the Customer, then the deadline will be extended.
All website packages include 1-year technical service. This service only covers the updating of plugins and website architecture to ensure that the website is running optimally. This does not cover any maintenance, page and content updates or any relevant fixes that was caused by the Customer. In the event where a Customer inadvertently damaged the website he or she will be liable for costs at Arcon Solutions standard hourly rate of R450.00 to fix.
All website packages include automated daily backups of the respective website. Should a backup be conducted, Arcon Solutions shall provide 1 free installation of the backup. Thereafter the normal hourly rate at Arcon Solutions standard hourly rate of R450.00 will apply.
Arcon Solutions make use of 3rd party hosted servers therefor Arcon Solutions cannot be held responsible for any issues arising from our partner’s infrastructure, faulty scripts or performance related issues.
1-year hosting is included in all our website packages. Arcon Solutions will contact the Customer 2 calendar months before their hosting expires. The customer will then have an option to select a different hosting provider or can continue with Arcon Solutions by paying a nominal monthly fee or a once per annum fee.
Arcon Solutions offers a free co.za domain with the initial purchase of a website package. Should a Customer want a different domain for example .com/ .org, then that will be at the Customer’s expense.
It is the Customer’s responsibility to ensure that all information with regards to the animated video ad supplied to Arcon Solutions is correct. Additional charges will be added in the event of the following:
- Changes that result from incorrect and misleading information that was supplied by the Customer during the draft stages;
- Changes that are significantly different than the initial draft.
Customer relations management Sandard Terms and Conditions are included in the SLA (service level agreement) and might differ from company to company.
In order to provide a comprehensive CV it is the Customer’s responsibilities to provide an existing CV and/or complete the Personal Details form provided by Arcon Solutions upon service application. Delays in providing the required information will directly impact the timeous delivery of finished CV.
Arcon Solutions makes use of sub-contracting from time to time, and might make use of sub-contractors to work on the Customer’s project.
Payments are to be made before Arcon Solutions starts with any projects. Arcon Solutions offers 2 payment methods. One being a secure online payment method facilitated by Payfast, the other EFT / direct deposit in to Arcon Solutions FNB business account.
Web design and development services below R2000.00 are to be paid in full. Web design and development services above R2000.00 will require a 50% deposit, and the remainder on project completion/approval. Upon approval/ completion, the remaining amount due to Arcon Solutions by the Customer should be paid within 48 hours . Only once payment is received in full will Arcon Solutions transfer ownership of the completed project to the Customer.
Logos, Graphical design and Animated Video Ads are to be paid fully and in advance.
Customer Relationship Management services are to be paid fully and in advance, month to month for the contract period agreed upon.
CV writing services are to be paid fully and in advance.
The Customer may terminate the services of Arcon Solutions at any time in which case the Customer will be liable for all work done charged at Arcon Solutions standard billing rate of R450.00 per hour.
The Standard Terms and Conditions gets updated from time to time. Infringements of the above mentioned Standard Terms and Conditions will be pursued by the applicable laws.