Please read this agreement carefully before using the Services. By accessing the Services, you acknowledge and agree that you have read this agreement, are at least eighteen (18) years of age, and wish to be bound by the terms and conditions outlined in this agreement. If you are not at least eighteen (18) years of age or do not wish to be bound by this agreement, you are not authorized to use the Services.

 

Additional terms and conditions may apply to certain Services, and your use of such Services indicates your agreement to such terms and conditions. We reserve the right to modify the agreement at any time. You agree to review this agreement periodically to be aware of such modifications. You further agree that your continued use of the Services shall be deemed to be your conclusive acceptance of any modified Agreement. A current version of this agreement is accessible via the footer of the website’s homepage.

Welcome to our website

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not control that other website.

Therefore, we cannot be responsible for the protection and privacy of any information you provide whilst visiting such sites, and this privacy statement does not govern such sites. You should exercise caution and look at the privacy statement applicable to the website in question. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Background

The client believes that Digi Creation Pty Ltd has the necessary knowledge, experience, and abilities to provide the client’s services.

Digi Creations Pty Ltd is agreeable to providing such services to the client on the terms and conditions set out in this agreement.

IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations outlined in this agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the Client and Digi Creations Pty Ltd (individually the “Party” and collectively “the Parties” to this agreement) agree as follows:

Services Provided

The client hereby agrees to engage Digi Creations Pty Ltd to provide the client with the following services (“the services” ):

 

This includes but is not limited to:

  • WordPress Website New Design & Maintenance Services.
  • Existing CMS website maintenance.
  • Collect website metrics such as page popularity and the number of website hits using Google Analytics.
  • Search Engine Optimization Services
  • Website Evaluation
  • Competitor Analysis
  • Keyword Research & Google Trends
  • Website Written Content
  • Google Analytics Reports
  • Advanced Marketing Insight Reports
  • Social Media Management

Terms of Agreement

The term of this agreement (the “Term”) will begin once the 50% Deposit has been received by Digi Creation Pty Ltd and will remain in full force and effect until the completion of the Services, subject to earlier termination as provided in this agreement.

In the event that either Party wishes to terminate this agreement prior to completion of the Services, that Party will be required to provide ten days written notice to the other Party.

Performance

The Parties agree to do everything necessary to ensure that the terms of this agreement take place.

Currency

Except otherwise provided in this agreement, all monetary amounts referred to in this agreement are in South African Rands (ZAR) or Dollars ($).

Compensation

Digi Creations Pty Ltd will charge the Client for the Services at a rate discussed and mutually agreed upon before any Services are commenced.

A 50% deposit (“the deposit’) will be payable by the client before any services are rendered.

For the remaining amount, the client will be invoiced when the Services are complete:

Invoices submitted by Digi Creations Pty Ltd to the client are due within three days of receipt. The client’s Website will be published “live” once the balance of the Invoice has been paid.

In the event that the client terminates this agreement prior to completion of the Services but where Services have been partially performed, Digi Creations Pty Ltd will be entitled to payment of the Compensation to the date of termination provided that there has been no breach of contract on the part of the Contractor.

Confidentiality

Confidential Information (the “confidential information”) refers to any data or Information relating to the business of the client which would reasonably be considered to be proprietary to the client including, but not limited to, accounting records, business processes, and client records and that is not generally known in the Industry of the Client and where the release of that Confidential Information could reasonably be expected to cause harm to the client.

All written and oral information and material disclosed or provided by the client Digi Creations Pty Ltd under this Agreement is Confidential Information regardless of whether it was provided before or after the date of this agreement or how it was provided to Digi Creations Pty Ltd.

Ownership of Intellectual Property

All intellectual property and related material, including trade secrets, moral rights, goodwill, relevant registrations or applications for registrations, and rights in any patent, copyright, trade dress, industrial design, and trade name ( the “intellectual property”) that is developed or produced under this agreement, is a “work made for hire” and will be the sole property of the client. The use of Intellectual Property by the client will not be restricted in any manner.

 

Digi Creations Pty Ltd may not use the Intellectual Property for any purpose other than that contracted for in this agreement except with the client’s written consent.

For backup purposes, and in the event that the client may require additional services, the Contractor will retain a digital copy of all works undertaken.

Capacity/Independent Contractor

In providing the Services under this agreement, it is expressly agreed that Digi Creations Pty Ltd is acting as an independent contractor and not as an employee. Digi Creations Pty Ltd and the client acknowledge that this agreement does not create a partnership or joint venture between them and is exclusively a service contract.

The client is not required to pay or make any contributions to any social security, local, state or federal tax, unemployment compensation, workers compensation, insurance premium, profit-sharing, pension or any other employee benefit for the Contractor during the term. Digi Creations Pty Ltd is responsible for paying and complying with reporting requirements for all local, state and federal taxes related to payments made to the Contractor under this agreement.

Indemnification

Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party aggress to indemnify and hold harmless to the other Party, and its respective affiliates, officers, agents, employees, and permitted successor and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying Party, its respective affiliates, officers, agents, employees and permitted successors and assigns hat occurs in connections with this agreement. These indemnifications will survive the termination of this agreement.

Modification of Agreement

Any amendment or modification of this agreement or additional obligated assumed by either Party in connection with this agreement will only be binding if evidence in writing signed by each Party or an authorized representative of each Party.

Time of the Essence

Time is of the essence in this agreement. No extension or variation of this agreement will operate as a waiver of this provision.

Entire Agreement

It is agreed that there is no representation, warranty, collateral agreement or condition affecting this agreement except as expressly provided in this agreement.

Headings

Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this agreement.

Gender

Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa.

Governing Law

This agreement will be governed and construed in accordance with the laws of South Africa.

In the event of a dispute between Digi Creations Pty Ltd and the Client, which is unresolved, either Party may initiate legal actions to recover damages within the framework of South African laws. The client, unreservedly, undertakes to cover all legal costs of Digi Creations Pty Ltd in this regard, irrespective of who the initiating Party is or the outcomes of the case.