Website Agreement

Process Description

It is in our ability to complete the website within 30 working days as long as The Client supplies us with all the relevant information within 7 days after deposit payment, unless otherwise arranged.

A mutually agreed upon date should be established, in advance, on which the website will go live.

As soon as Zander Scheurkogel has received the 60% deposit, the Studio will open The Client’s task on Zander Scheurkogel Workflow System.
A Branding Questionnaire should be completed, and short brief/stat meeting is required before commencing with the project.
Zander Scheurkogel as a team will start brainstorming with regards to the concept and layout of the project, according to the Branding Questionnaire received from The Client.

The design process will then start, with regards to the layout, the look & feel and the styling.

During this period of time The Client should start compiling all relevant information (in word format) and high-res photo/images which must be supplied to Zander Scheurkogel – 7 days after deposit and Branding Questionnaire has been received by Zander Scheurkogel, the website layout visuals (in jpeg. Digital format), will be presented to The Client (nothing live as yet), to give The Client an idea of the look and feel of the website template.

If two design strategies are presented, each will represent different design directions/ideas, but each will be consistent with the overall objectives of the project as outlined in the strategy brief and Branding Questionnaire.

The Client should be prepared to offer some initial feedback as to how closely the suggested design meet their general needs and expectations.

The Client should select the design strategy that best suits their needs and assemble and deliver a list of any desired discussion point for revision (if necessary) to Zander Scheurkogel. The Client is more than welcome to combine elements from the different looks to create a FINAL look within two revision rounds.

The Client will then approve/signoff on the final design strategy – as soon as the final look approved and signed off, Zander Scheurkogel will start building the website live.

Because changes to the template and look after final sign-off requires extra time and money, Zander Scheurkogel is requesting The Client to be 100% satisfied, prior to building the website template like.

As soon as Zander Scheurkogel completed the uploading and styling of all info (as supplied), The Studios will send The Client a temporary link to view their site online.
Client’s feedback and final approval is required prior to website going live.
Receiving The Clients’ final payment of the outstanding 40% will ensure the task to be completed.
Zander Scheurkogel will then finalize the basic SEO in order for the website to go live and Google to index and rank the website.
The Online Marketing (SEO & SEM) can only happen after the website has been indexed by Google. For a personalized online marketing strategy, we will refer you to a services provider you can use. They will be able to quote for a Marketing Strategy Plan accordingly, if requested by The Client.

Layout development

The CMS system used to build websites is WordPress. Some of the components used, are bought Modules form WordPress Developers, which has been pre-designed for specific systems purposes, thus certain restrictions in programing and layout may be applicable.

Use of web design elements

Zander Scheurkogel legally assumes clients has proof read and approved text copy and images (photos, stock images, web images) before supplying the artwork & copy to Zander Scheurkogel for design purposes. If Zander Scheurkogel needs to source images from the internet or stock images website (Free or paid) it is the client’s responsibility to check if the sourced images are licensed or available to use for the project under commercial or non-commercial usage law. If no images are supplied by the client, the Zander Scheurkogel Team will use placeholder images to illustrate the design. If the clients approve the artwork and paid 40% deposit to finalize the project, Zander Scheurkogel assume the client has checked these images legally for use based on Country & Commercial Laws containing to the project. Zander Scheurkogel legally assumes the client has not copied text illegally from other content and as such broken the law and plagiarized the content. Zander Scheurkogel therefor cannot take responsibility or liability of mages, artwork or copy text used in design art of any kind. If a client gets sued for using an image, photo, or text illegally it is the client’s responsibility and liability to pay legal fees and any other fees that may arise for using photo’s, images or text copy wrongly. Zander Scheurkogel cannot be held legally responsible for any loss or damages that may occur due to wrongful use of images, photos, stock photos, internet images, text or copy text. As soon as the client signs off the project by paying the 40% deposit or fully paying for the project all artwork becomes the client’s ownership and legal responsibility. Clients need to check if images, photos, stock photos, text and copy text can or may be printed, published, or posted into the web or internet. Any design material or artwork printed, posted to web or digital and electronic media is the responsibility and legal liability of the client. Hereby Zander Scheurkogel indemnifies itself from any legal repercussions of the latter.

Backup

The completed website, including SQL database, will be backed up as soon as the website is ready to go live. This backup will be supplied to The Client. No monthly backup will be made by Zander Scheurkogel, unless requested by The Client and a fee of R120 per Month will be applicable.

Online marketing service (SEO & SEM)

Only BASIC SEO (Search Engine Optimization) is included in the standard website packages. Basic SEO does not include 1st page rankings with Google or any other search engines.

In order to reach 1st page rankings with Google an ADVANCED SEO strategy should be agreed upon which includes SEO & SEM services on a monthly contract and will be quoted for separately. – SEO results may vary and could take 4-6 weeks for the website to be indexed by Google, after the website has been completed.

Basic SEO includes:

Sitemap uploaded to Google.
Website Indexed with Google
Basic Keywords built into pages
Website description built into header
Search Engine Friendly (SEF) URL’s used

A Google Analytics account in The Clients name will be created to measure website’s performance and statistics. Only reading rights to this account will be supplied to client. Full admin rights to this account will be retained by Zander Scheurkogel, to ensure that the SEM strategy cannot be altered by a third party. The full admin rights will be moved to The Client when the SEO & SEM monthly contract has been terminated and fully paid for.

A Google Webmaster account in The Clients name will be created to liaise with Google, concerning website performance, indexing, errors, malware, etc. Full admin rights to this account will be retained by Zander Scheurkogel, to ensure that the SEM strategy cannot be altered by a third party. The full admin rights will be moved to The Client when the SEO & SEM monthly contract has been terminated and fully paid for.

Payments:

Because a lot of time, effort and dedication goes into providing The Client with the perfect website, The Client is required to pay a 60% deposit prior to work commencing.

The project will only be scheduled and uploaded to the workflow system once the down payment is received by Zander Scheurkogel, from where the team of designers will be briefed to commence with the website.

The down payment is non-refundable. The remaining 40% is payable to Zander Scheurkogel upon completion of the project, before the original artwork and open file format will be supplied to The Client. Please note this is a strict Company policy but adhere to this to avoid any unpleasantness. No monies or deposits for projects will be paid back to client at any time during or after the project.

Deposits:

When a deposit or full amount is paid, we kindly request our clients to complete their projects within 12 months.

To ensure the project runs smoothly, and in light of price fluctuations over time, it’s important that all parties remain dedicated until completion – otherwise an additional fee will be charged after 1 year. If a project is put on hold by a client, the same is applicable after 12 months.

Delayed payment:

If, after the project has commenced, proofs have been sent through and completed within 30 days, subsequent invoices are not paid within 30 days, a 5% “delayed payment” fee will be charged. This initial 5% figure will be added upon each recurring 30-day period until the full amount has been received by Zander Scheurkogel.

Errors and omissions:

Zander Scheurkogel is not responsible for proofreading any website content. The Client is responsible to check proofs and other deliverables carefully for accuracy in all respects, ranging from spelling to technical illustrations. Zander Scheurkogel is not liable for errors or omissions, The Clients’ signature or go-ahead e-mail, or that of the authorized representative is required.

Zander Scheurkogel does not take any responsibility for loss of any information on your website.
Zander Scheurkogel does not take any responsibility for any legal issues that may arise with regards to the content of your website. It’s The Client’s responsibility to ensure there are no copyright infringements.
Zander Scheurkogel does not take any responsibility if your website security is compromised by either a hacker or malicious code. Websites hosted by Xneelo are hosted on a secure server with antivirus protection.

Revisions:

All projects includes Revision Rounds (specific amounts) as stated on quotations. Should extra revision rounds be required a separate quotation will be supplied accordingly. Zander Scheurkogel cannot and will never limit The Client to change their minds.

Though the price at the beginning of the contract is based on the length of time that Zander Scheurkogel estimate they’ll need to accomplish everything as requested to be achieved, additional estimates can be requested for any further or additional changes to be implemented.

The Client must assume that, after sign-off, all additions, alterations, changes in content, layout or process changes requested by The Client, will alter the time and cost.

Additions and alterations:

New work requested by The Client and performed by Zander Scheurkogel after ATP (agreement to proceed), is considered an addition or alteration (extra revision round). If the job changes to an extent that substantially alters the specifications described in the original estimate, Zander Scheurkogel will submit an additional quotation to The Client, and both parties must agree to the revised or additional fee before further work proceeds.

Deadlines:

A Note on Deadlines: Zander Scheurkogel loves deadlines and we hit every single one of them every time. In order for us to do this for you, however, it is important that you hit every deadline, too. We will rely on you to keep the project flow going with your approvals and signoffs, as well as getting us content for your website in a timely manner-typically before any design can begin.

Out-of-contact time and delays in approvals will directly affect the project schedule, necessitating our moving deadlines and milestones forward accordingly, but note that payment milestones will remain as scheduled.

By signing this document, or paying you deposit, you acknowledge your responsibilities in keeping the project on-schedule.

By the same token, in the unlikely event we miss one of our deadlines, the payment milestones will be adjusted accordingly.

If The Client fails to deliver necessary content, resources, or feedback by the time Zander Scheurkogel deems crucial to any deadline, all deadlines, and milestones (except payment milestones) will be adjusted accordingly.

The Client’s failure to meet timeline/milestone or content obligations for a period of 7 days or more will result in reallocation of The Studios’ resources and work on the project will be delayed or may cease.

Customer service:

In the result of the client not being satisfied (due to brief being misunderstood, process issues or reasonable expectancy not met), client needs to call a meeting with assigned project planner from Zander Scheurkogel, and mediate a favourable solution for both parties.

Cancellation:

A cancellation fee for work commenced or completed shall be paid by The Client, with the fee based on the stage of project completion. The fee will not exceed 100% of the total project cost. This fee will be based on hours already spent on the project. If after project commencement, client communication (face-to-face, telephone, or email) stops for a period of 30 days, the project can be cancelled by Zander Scheurkogel. Full amount paid for project will be allocated as cancellation fee. There upon, Zander Scheurkogel can choose to cease further work on the project.

Right to deny service:

Zander Scheurkogel and its staff does not discriminate against religion, sexual orientation, ethnicity, race, nationality, political views or colour but we fully and solely reserve the right to deny graphic design, web design and hosting services to the following:

Examples of unacceptable content or links like; pirated software, hacker programs or archives, Warez sites, IRC Bots, illegal MP3s, religious art, toys or figurines, reading material or images that is obscene, abusive, erotic, pornographic in nature, defamatory, constitutes a legal threat, or violates export control laws, materials that are not suited for work or rated “r”, “g” or “pg”, materials that are politically or religiously sided or an opinion of a certain politic, ethnic, religious, cult and occult. Any content that is likely to be obsetting, insulting or objectional to some or most.

Illegality in any way or form including, but not limited to, activities such as unauthorised distribution or copying of copyrighted material, violation of export restrictions, harassment, fraud, trafficking in obscene material, child sexual abuse imagery or in any other way, drug dealing, and other illegal activities.

Zander Scheurkogel servers may be used strictly for lawful purposes. Storage, transmission or distribution of any material or part of it in violation of any applicable law or regulation is strictly prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorisation, and material that is obscene, defamatory, constitutes a legal threat, or violates export control laws. Examples of unacceptable content or links: “pirated software”, “hacker programs or archives”, “Warez sites”, “IRC Bots”, “illegal MP3s”, religious art, toys or figurines, reading material or images that is obscene, abusive, erotic, pornographic in nature, defamatory, constitutes a legal threat, or violates export control laws, materials that are not suited for work or rated “r”, “g” or “pg”, materials that are politically or religiously sided or an opinion of a certain politic, ethnic, religious, cult and occult. Any content that is likely to be obsetting, insulting or objectional to some or most people.

Due to the nature of a web hosting environment, Oh Honey Studio reserves the right to ask customers to upgrade or correct issues pertaining to their web hosting package, or to correct issues on their web hosting package, should it negatively affect the network or server performance for most of our customers.

The Zander Scheurkogel web hosting platform is intended for hosting a website with relevant, appropriate, and legal content and function for a personal, small to medium business without the concern of traffic overages.

Oh Honey Studio prohibits the use of the shared web hosting service disk space to be used for purposes other than its intended function: content hosting, personal and small enterprise email and relevant web files.

Posting of defamatory, scandalous, violent, or private information about a person without their consent, intentionally inflicting pain or emotional distress, or violating trademarks, copyrights, or other intellectual property rights.

Any unacceptable use of the services constitutes a material breach of these. Terms and Conditions of Use, and Zander Scheurkogel fully and solely reserves its rights in this regard.

Communication:

Zander Scheurkogel can be reached by telephone or email from Monday to Friday between 8:30am and 5pm or by a schedule appointment agreed upon. A 1-on-1 sit-in meeting with designers will be billed at an hourly rate of R420/hour. All revisions to be supplied ONLY in written format (e-mail), no revisions will be commenced, based on telephonic requests/ discussions.

Confidentiality:

The Client must inform the designer in writing before the project commences if any portion of any material or information provided by The Client is confidential. AND LASTLY THIS… For us to obtain a high-level of excellence, your commitment to this project is highly valued and will be directly reflected in the results. By hiring our Studio you’ve enlisted our expertise at how best to accomplish the goals that your team and our team have defined.

Hosting services:

Zander Scheurkogel is not responsible for the website hosting or any other services related to the hosted server. Zander Scheurkogel prefers to host websites with Xneelo. The Hosting Company where the domain is registered, must be contacted for any hosting related problems. Zander Scheurkogel cannot be held responsible for any hosting related speed-or-downtime issues.