Terms and Conditions

Terms and Conditions of service

The terms and conditions stated in this document apply to all NetMechanic Clients unless agreed in writing to the contrary. No other contract terms and conditions shall apply unless specifically agreed in writing between NetMechanic and the Client In the event of any ambiguity between these terms and conditions and any terms agreed in writing between NetMechanic and the Client then these terms and conditions will apply.

Please note that these Terms and Conditions are Subject to updates. When this happens you will be notified where you can download and updated version.

 

TABLE OF CONTENTS

  1. ESTIMATES
  2. INVOICING & PAYMENT TERMS
  3. PROJECT TERMS
  4. ONGOING MAINTENANCE AND SUPPORT
  5. TERMINATION OF SERVICE
  6. 3RD PARTY SERVICES
  7. WEBSITE DEVELOPMENT AND DESIGN TERMS AND CONDITIONS
  8. SEO TERMS AND CONDITIONS
  9. EMAIL MARKETING TERMS AND CONDITIONS
  10. CONTENT MARKETING TERMS AND CONDITIONS
  11. HOSTING TERMS AND CONDITIONS
  12. GENERAL SERVICE DISCLAIMERS
  13. COPYRIGHT
  14. BREACH
  15. WHAT CAN BE EXPECTED OF US
  16. WHAT WE EXPECT OF OUR CLIENTS
  17. IMPROVING OUR SERVICES

 

  1. ESTIMATES

 1.1 NetMechanic may provide Clients with initial estimates, otherwise referred to as quotes, for projects on request. The final project sum may vary from the initial estimate if additions are requested to the original scope of work.

1.2 NetMechanic will provide estimates in writing by email to Clients, which will include a hyperlink to these Terms and Conditions. Acceptance by a Client of a NetMechanic estimate is subject to acceptance of the terms and conditions, unless specifically agreed in writing between the Client and NetMechanic to the contrary.

 

  1. INVOICING & PAYMENT TERMS

2.1 NetMechanic standard payment terms are 5 days from the date of invoice.

2.2 New projects require a 50% upfront payment for commencement of project and a 30% on Development Completion and final payment before we launch. Payment will be required before we will make project live.

2.3 Monthly or retainer invoices will be invoiced on the 25th of the month and need to be paid by the 1st of the following month. Late payment will result in interest being charged to the account and a hiatus of retainer services.

2.4 In the event that website development cost has been broken up into a payment plan, NetMechanic will remain owners of the website until the design and development work has been paid in full as per the initial estimate/quotation.

2.5 NetMechanic reserves the right to increase their pricing in line with official annual inflation rate each year, which is obtained from Statistic South Africa’s latest available Consumer Price Index (CPI) Headline Report.

 

  1. PROJECT TERMS

3.1 Unless expressly agreed in writing to the contrary NetMechanic do not have any liability to the Client for unforeseen delays in completing a project.

3.2 In the event that there is a delay in the completion of a project, NetMechanic communicate such delays to the Client in writing via email

3.3 All website or online marketing tactic setup content needs to be provided by client within 2 weeks of deposit being paid for commencement of project.

3.4 All Graphic design content needs to be provided within 1 week of deposit being paid for commencement of project.

3.5 The client is required to provide NetMechanic with all the content required for the project within the period detailed above. Should the client delay issuing NetMechanic with the content required for the project, NetMechanic reserves the right to renegotiate the cost of the project as well as the expected completion date. NetMechanic will request outstanding payments to continue should the client delay.

 

  1. ONGOING MAINTENANCE AND SUPPORT

4.1 Fixes for newly built websites need to be identified within a 30 day period from going live. If identified after this period and the client is not on a Maintenance agreement then a quotation will be issued to commence fixes.

4.2 NetMechanic can not future proof their services or products. Once the client has signed off on a project the responsibility to maintain and update plugins and Themes used on the website falls to the client unless they are on our maintenance agreement
4.3 Maintenance does not mean “eyes on website” all the time, issues on the website still need to reported to your account manager

4.4 Development faults with plugins or themes used on your website do not fall into our maintenance agreement and will be quoted for separately as in most cases the original software developer will need to be involved.

4.5 Hosting and website fault remain the responsibility of the hosting provider and do not fall under maintenance.

4.6 Your account manager can be present at meetings if required, however meetings need to be arranged in advance and unless prior arrangements have been made will be limited to one meeting per month lasting maximum 1 hour each Consultation. Meetings will be charged at our standard consulting rate

 

  1. TERMINATION OF SERVICE

5.1 You may cancel the products or services at any time by providing NetMechanic with the cancellation request 1 calendar month in advance in writing.

5.2 In the event the Client cancels the agreement prior to the completion of the cancellation period, NetMechanic reserves the right to pursue any of the following: (1) remove equipment, software, services or resources owned by the Company, (2) bring legal action against the Client for contractual breach or (3) remove any created websites, graphics, content, links, advertising and accounts.

 

  1. 3RD PARTY SERVICES

6.1 NetMechanic will offer to Clients third party services such as those offered by Google to enhance the performance of their websites. NetMechanic may include in quotations the setup and maintenance of such third party services. NetMechanic will not be liable to the Client for any interruption, non-performance, or cancellation of the provision by third parties of any such services.

 

  1. WEBSITE DEVELOPMENT AND DESIGN TERMS AND CONDITIONS

7.1 All website content needs to be provided by client within 2 weeks of payment of deposit for commencement of work. Should the client delay issuing NetMechanic the content required for the project, NetMechanic reserves the right to renegotiate the cost of the project as well as the expected completion date. NetMechanic will request outstanding payments to continue should the client delay.

7.2 CMS websites require updated to plugins and themes, if the client has not opted for monthly maintenance this responsibility will fall to the client.

7.3 Additional pages, images and revisions on projects above the scope of work above will be charged Additional

7.4 Plugins and Themes will be quoted for separately if needed

7.5 All E-commerce websites will come with Flat Rate shipping, it is the client’s responsibility to negotiate shipping costs with his/her preferred supplier and to provide us with their chosen flat rates. Alternative Shipping Plugin purchase and configuration fall out of the scope of work, unless specifically quoted for.

7.6 All Ecommerce website will have Payfast and EFT payment as the default payment options. It remains the responsibility of the client to sign up with Payfast and to provide us with their login details.

7.7 The client agrees that all content provided by the client including articles, website wording, graphics and videos are owned by the client and free of any copyright infringement.

7.8 Landing pages, unless otherwise stated are created using a specific Landing page platform. If you want a copy of this page we can provide it, but it will only be reactivated using a version of the same platform as the code is customised for use on this platform.

7.9 Viruses & Outdated Websites, NetMechanic takes all the security precautions on our Clients websites and includes the relevant security plugins as well as keeps its servers secure wherever possible. However we cannot guarantee the prevention of hacks, viruses or unexpected data deletion and cannot be held liable for any such damages as a result.

NetMechanic cannot be responsible for any websites that have stopped working or have become faulty over time due to the website becoming “outdated”. Outdated websites can be affected due to many aspects, such as new browser software, outdated web code, etc. NetMechanic cannot be expected to keep your website updated in every aspect without being compensated to do so. In this situation the Client may opt to have their website redeveloped or select one of our subscription based website packages where NetMechanic is responsible for keeping things up to date on your website at all times.

 

  1. SEO TERMS AND CONDITIONS

8.1 NetMechanic accept no responsibility or liability to the Client for the actual rankings achieved or how such rankings may vary over time. Search engines are known to change their algorithms and in such doing rankings and traffic may fluctuate hence we do not guarantee rankings.

 

  1. EMAIL MARKETING TERMS AND CONDITIONS

9.1 NetMechanic will setup Client’s email with email service providers and charge a fixed amount for doing this.

9.2 Payment of Monthly charged based on subscribers will be the remain the responsibility of the client.

9.3 NetMechanic will not be liable for any purchased, rented, or third-party lists of email addresses that was/is purchased/provided by the client for newsletter or emailing distribution.

9.4 NetMechanic will not be held liable for any penalties placed upon the client by the email service provider as a result of purchased, rented, or third-party lists of email addresses or spam content used in newsletters.

 

  1. CONTENT MARKETING TERMS AND CONDITIONS

10.1 The Clients account manager will post content based in the client’s: Target Market, Products, Industry, but occasionally content might be relevant to General Internet Trends or Holidays. The Client is responsible for setting content guidelines with the Account Manager, these guidelines can be in the form of a list of approved: websites, newsletters, rss feeds where the Account Manager can derive content from.

10.2 The Account Manager can not take responsibility for the sharing of or comments made in response to content posted on the page as this is the nature of social media interactions. An Escalation process will be followed with feedback on the social media sites, but in no way will any actions taken in response to these contradict the objective of company transparency.

10.3 Unless otherwise agreed the content for newsletters will be provided by the client, although the account manager may give some suggestions for content going forward.

10.4 The client agrees that all content provided by the client including articles, website wording, graphics and videos are owned by the client and free of any copyright infringement.

 

  1. HOSTING TERMS AND CONDITIONS

11.1 NetMechanic will invoice for Hosting and domain renewals on a yearly basis. This is only applicable for websites hosted and maintained by NetMechanic

11.2 NetMechanic will use their best endeavours to rectify the cause of any disruption in the hosting service of a Client’s website(s) and to minimise the duration of any such instances. This is only applicable for websites hosted and maintained by NetMechanic.

11.3 NetMechanic will not be liable to the Client for any compensation in respect of any downtime that may occur with the hosting of their website(s).

11.4 Only If website maintenance is selected and paid for on a monthly basis,will NetMechanic keep a backup of all Client website files.

11.5 In the event that a Client wishes to move their website to another web server supported by another party, then NetMechanic will cooperate fully, subject to all outstanding amounts being paid up in full.

11.6 NetMechanic will troubleshoot any problems reported by the Client with their email. If the problem is due to an omission by NetMechanic then no charge will be made to the Client. If the problem is not due to an omission by NetMechanic then the Client will be charged

11.7 Login details and passwords need to be kept confidential and secure. NetMechanic will not be held accountable for email account/website hacks. We do not keep passwords on record and will subject any password request to security measures deemed sufficient to legitimise the request

 

  1. GENERAL SERVICE DISCLAIMERS

The Client acknowledges the following with respect to services:

12.1 NetMechanic accepts no responsibility for policies of Google, third-party search engines, directories or other

web sites (“Third-Party Resources”) that the Client may submit to with respect to the classification or type of content it accepts, whether now or in the future. The Client’s web site or content may be excluded or banned from any Third-Party Resource at any time and the Client agrees not to hold NetMechanic responsible for any liability or actions taken by Third-Party Resources under this Agreement.

12.2 The Client furthermore acknowledges that the nature of many of the resources the NetMechanic may employ under this Agreement are competitive, therefore NetMechanic does not guarantee top rankings, consistent positioning or specific performance of any strategies employed and the Client accepts that the NetMechanic past performance is not indicative of any future results the Client may experience.

12.3 The Client recognizes that SEO and submissions to search engines and directories can take an indefinite amount of time for acceptance or inclusion and that internet advertising may be subject to the individual advertising network’s policies and procedures.

12.4 The Client accepts that Google Adwords, search engines, directories or other resources may block, prevent or otherwise stop accepting submissions for an indefinite period of time.

12.5 The Client acknowledges that search engines may drop listings from its database for no apparent or predictable reason. The Company shall re-submit resources to the search engine based on the current policies of the search engine in question.

12.6 NetMechanic will endeavor to make every effort to keep the Client informed of any changes that NetMechanic is made aware of that impact any of the campaigns and strategies and the execution thereof under this Agreement. The Client also acknowledges that NetMechanic may not become aware of changes to third-party resources, industry changes or any other changes that may or may not affect campaigns or services.

12.7 NetMechanic, for the duration of this agreement, may develop design strategies and codes, in the NetMechanic opinion improve the Client’s website. NetMechanic and the Client will review these suggestions together and once mutual agreement is reached activate these changes. If the Client decides to make any material changes to the website, the Client will consult with NetMechanic prior to implementing these changes, to make sure that they do not conflict with NetMechanic marketing strategy.

12.8 Third-Party Resources, particularly Facebook, change their layout and can very often affect any business page installations and applications. The Company will not be held liable for these changes and should work need to be done to rectify then a new “quote” would need to be drawn up.

12.9 NetMechanic and its subcontractors retain the right to display all designs as examples of their work in their respective portfolios.

 

  1. COPYRIGHT

13.1 The source code of all website web pages remains the intellectual property of NetMechanic until such time as payment is made in full by the client and may not be copied and used by any other party without the consent of NetMechanic.

13.2 All scripts, css and include files used within Client websites remains the intellectual property of NetMechanic until such time as payment is made in full by the client and may not be copied and used by any other party without the consent of NetMechanic.

13.3 The stored procedures, functions and triggers programmed into SQL Databases remain the intellectual property of NetMechanic until such time as payment is made in full by the client and and may not be copied and used by any other party without the consent of NetMechanic.

13.4 All Client logo images, images unique to the Client, i.e. of their premises, workforce and their business, plus all written copy, belong to the Client and are covered under their copyright. NetMechanic will not reuse Client written content or images without the express permission of the Client.

13.5 NetMechanic will not be liable for and copyright infringements committed by the Client with regards to content provided for marketing materials. The Client hereby agrees that all content submitted to NetMechanic is original content and not copied off other websites as copying content of other online assets will directly impact NetMechanic ability to run an effective marketing strategy for the Client.

13.6 The Client and the Company acknowledge and agree that the Specifications and all other documents and information related to the development of the NetMechanic Campaign (the “Confidential Information”) will constitute valuable trade secrets of the Company. The Client shall keep the Confidential Information in confidence and shall not, at any time during or after the term of this Agreement, without the Company’s prior written consent, disclose or otherwise make available to anyone, either directly or indirectly, all or any part of the Confidential Information.

 

  1. BREACH

14.1 In the event that the Client does not pay an invoice within the time frame allocated in the invoice, then NetMechanic have the right to suspend all further works for that Client until such time as payment is made in full.

14.2 In the event that the Client does not pay a hosting subscription invoice within 30 days of the due date, i.e. 44 days after the invoice date, then NetMechanic reserve the right to turn off any website hosting until such time as the invoice is paid in full.

14.3 In the event that the Client becomes insolvent or goes into liquidation NetMechanic have the right to immediately terminate their contract with the Client and invoice for the full value of project works carried out to that date, plus suspend any email or hosting services.

14.4 In the event that a Client delays the progress of a project with NetMechanic then NetMechanic will be entitled to give 14 days written notice to the Client. If the Client does not satisfactorily remedy the cause(s) of the delay, within the 14 day notice period, then NetMechanic will have the right to terminate the service. NetMechanic will invoice the Client for the full value of works carried out to-date.

14.5 In the event the Client fails to make any of the payments referenced in deadline set forth, NetMechanic has the right, but is not obliged, to pursue any or all of the following remedies: (1) terminate the Agreement, (2) remove equipment, software, services or resources owned by the Company or (3) bring legal action.

 

  1. WHAT CAN BE EXPECTED OF US

15.1 We aim to achieve the highest level of client satisfaction and for our clients to have absolute faith in our standard of work and the professional manner in which we conduct business. We will:

  • be friendly, courteous and helpful when you contact us
  • make every effort to explain things clearly and in terms you can understand, keeping jargon to a minimum
  • agree with you the type of service you can expect to receive
  • respond to your phone calls, emails and letters in a timely manner
  • treat all clients fairly
  • keep what you tell us confidential

 

  1. WHAT WE EXPECT OF OUR CLIENTS

16.1 We expect you to:

  • provide any information that has been requested within agreed timescales
  • pay all invoices within the payment terms defined in our agreement
  • let us know in advance if you are unable to do this, or if your circumstances change

 

  1. IMPROVING OUR SERVICES

17.1 We are keen to improve our high level of Client service and welcome any comments that you have, either complimentary or critical. If a project has not met its targets we would appreciate your feedback about what we can do to avoid the situation in future. We want our clients to be 100% happy with the service they receive.