Web Design Terms & Conditions
MegaWeb Internet Services cc/Web FX (hereafter referred to as “MegaWeb/Web FX”) hereby agrees to provide Web Design services (hereafter referred to as the “services”) to the Client, as are described and listed in the attached quotation (hereafter referred to as the “quotation”).
The provision of the services will be upon the terms and conditions as set out below.
These terms and conditions shall, constitute the whole of the agreement between MegaWeb/Web FX and the client relating to the subject matter hereof, notwithstanding anything in the client’s enquiry, specification, acceptance, order or other documentation or discussion to the contrary. In the event of any conflict arising between the terms of this agreement on the one hand and the application form or other said documents on the other hand, then, unless a contrary intention clearly appears, the terms of this agreement shall always prevail.
1.	All content/text is to be supplied to MegaWeb/Web FX in electronic format
2.	Any delivery costs of graphics and content to MegaWeb/Web FX, is for the client's account.
3.	MegaWeb/Web FX will only commence on work on receipt of a completed order form.
4.	A deposit of 50% of the design fees is required before any work will be commenced. A further 45% of the fee is required on completion of the initial work (as quoted on by MegaWeb/Web FX). The balance and any additional fees are due on completion of any additional work and/or agreement by the client and MegaWeb/Web FX that all work has been completed.
5.	Web Design Services supplied by MegaWeb/Web FX do not include Web Site Hosting, Domain Registration, or any other additional services. A MegaWeb/Hostmaster Consultant will gladly provide a quotation for any additional services.
6.	Any further customisation on the original order is to be quoted on according to the scale of work.
7.	A MegaWeb/Web FX Design client is not obliged to host their site(s) with MegaWeb/Hostmaster, but it is preferable to ensure ease of maintenance.
8.	The idea, design & layout of all design done by MegaWeb/ Web FX, are copyright to MegaWeb/.Web FX and may not be reproduced, or modified, without prior consent. MegaWeb/Web FX will provide the client with a copy of the completed design upon request. The Client has the right to use the developed material in its entirety, as long as MegaWeb/Web FX’s copyrights are adhered to.
9.	No graphics and/or layouts done by MegaWeb/Web FX may be modified without written consent, nor may these be used for design purposes in any form other than MegaWeb/Web FX designs.
10.	Where the client requests additional customisation to the services and MegaWeb/Web FX agrees to provide such additional design services, it is recorded that the client will be held responsible for the additional fees incurred, while the terms and conditions in this agreement will remain valid.
11 11.1 The client agrees to pay all fees and charges, in South Africa currency or any other currency quoted for the service on the agreed date, without deduction of any amount for whatever nature or reason. 11.2 All once off fees are payable as set out in clause 4 and are non-refundable. 11.3 Where the client selects to pay via credit card, the client shall ensure that there are sufficient funds in the account, details of which is to be provided to MegaWeb/Web FX, for payments, or that other forms of payment are provided timeously. Failure to comply with this will result in the suspension of services and/or the levying of interest and/or clean-up charges by MegaWeb. 11.4 Any amount falling due for payment by the client to MegaWeb/Web FX in terms or pursuant of this agreement which is not paid on its due date shall bear interest. This interest is calculated from the due date for payment, at a rate of prime per month, monthly in arrears. 11.5 In the event of any dispute arising as to the amount or calculation of any charge provided for herein which is payable by the client, the dispute shall be referred for determination to independent auditors. They shall act as experts and their decision shall be final and binding on MegaWeb/Web FX and the client.
12 12.1 MegaWeb/Web FX makes no warranties or representations of any kind, whether express or implied as to the service it is providing. 12.2 MegaWeb/Web FX disclaims any warranty of merchantability or fitness for any purpose and will not be responsible for any damages that may be suffered by the client, including loss of data resulting from delays, non-deliveries or service interruptions, or errors and omissions on the part of the client. 12.3 Use of any information obtained through MegaWeb/Web FX and its representatives is at the client’s own risk.
13.	The client may not at any time use the service in contravention of any South African law. In particular, the client undertakes to familiarise itself and ensure that it is kept continuously appraised of all South African law in force from time to time, which has any bearing on the service and/or its use. MegaWeb/Web FX has no obligation to assist the client in this regard.
14.	MegaWeb/Web FX its servants or agents, and except as otherwise expressly provided herein to the contrary, shall not be liable to the client or any third party for any loss or damage of whatsoever nature and/or howsoever arising (including consequential or incidental loss or damage which shall include but shall not be limited to loss to property or of profit, business, goodwill, revenue or anticipated savings) or for any costs, claims or demands of any nature whether asserted against MegaWeb/Web FX or against the client by any party arising directly or indirectly out of the service, its use, access, withdrawal or its suspension or out of any information or materials provided or not provided, as the case may be, by or from it or their use.
15.	MegaWeb/Web FX shall not be liable for defamation, slander, or infringement of copyright arising from or in connection with the provision of the services to the client, nor for infringement of patents arising from the combination or use of the facilities of MegaWeb/Web FX with apparatus and systems of client, nor for any loss or damage arising out of or in connection with an act or omission of client in connection with the services provided by MegaWeb/Web FX to the client and the subscriber hereby indemnifies MegaWeb/Web FX against any such liability and shall protect and defend MegaWeb/Web FX from any suits or claims alleging such liability and shall pay all expenses and satisfy all judgements which may be incurred by or rendered against MegaWeb/Web FX in connection therewith.
16.	Any specifications, descriptive matter, drawings and other documents which may be furnished by MegaWeb/Web FX to the client from time to time do not form part of this agreement and may not be relied upon, unless they are agreed in writing by both parties hereto to form part of this agreement and shall remain the property of MegaWeb/Web FX and shall be deemed to have been imparted by it in trust to the client for the sole use of the client.
17.	The client shall be liable for all costs incurred by MegaWeb/Web FX in the recovery of any amounts or the enforcement of any rights which it has hereunder, including collection charges and costs on an attorney and own client scale whether incurred prior to or during the institution of legal proceedings or if judgement has been granted, in connection with the satisfaction or enforcement of such judgement.
18.	Either party shall not be entitled to cede or assign any rights and/or obligations which it may have in terms of this agreement to any third party, and in particular, without derogating from the generality of the a foregoing, the subscriber may not cede to any third party the right of use of the address assigned to it by MegaWeb/Web FX unless agreed in writing which may not be unreasonably withheld.
19.	If the client is a partnership, then each of the individual partners of the client shall be bound as a partnership as well as in their individual capacities jointly and severally for all the client’s obligations, notwithstanding that only one partner may have signed on behalf of the client. 19.1 The person signing on behalf of the client warrants that he/she is duly authorised to represent and bind the client to this agreement.
20.	The clause headings contained herein are for reference purposes only and shall not be used in the interpretation of this agreement. Words importing any one gender include the other two genders, the singular includes the plural and vice versa, and natural persons include created entities (corporate or unincorporated) and vice versa.
21.	For all purposes, including but not by way of limitation, the giving of any notice, the making of any communication and the serving of any process, MegaWeb/Web FX and the client respectively choose their domicilium citandi et executandi (“domicilium) at their respective addresses appearing on the face hereof. Either party shall be entitled from time to time to vary its domicilium and shall be obliged to give notice to the other within ten days of the said change. Any notice which either party may give to the other shall be posted by prepaid registered post or hand delivered to the other party’s domicilium and shall be presumed, unless the contrary is proved by the party to whom it is addressed, to have been received by that party on the tenth day after the date of posting or day of delivery as the case may be.
21.	For the purpose of all or any proceedings hereunder the parties consent to the jurisdiction of the magistrates’ court having territorial jurisdiction, notwithstanding that such proceedings are otherwise beyond its jurisdiction. This clause shall be deemed to constitute the required written consent conferring jurisdiction upon the said court pursuant to section 45 of the Magistrates’ Court Act, 1944, provided, nevertheless, that any party should have the right at its sole option and discretion to institute proceedings in any other competent court.

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