To ensure that we develop the best quality work and you get the best professional website you are looking for, make sure to note the following terms and conditions which apply to all product and services provided by us APE SITES
Upon receipt of the initial deposit, the project scope as agreed upon by both parties shall be deemed accepted, and the project timeline shall commence. By making this deposit payment, you acknowledge that you have read, understood, and accepted our terms and conditions.
We do not accept cash or cheques. Payments must be made through approved channels. The project scope shall commence upon receipt of the initial deposit payment, which is non-refundable.
Upon completion of the project, we will notify you via WhatsApp, phone call, or email (using the contact details provided) or through any platform used for communication. Payment for our services does not transfer copyright or provide design source files. These can be purchased at an additional cost.
All payments are due within 15 days after project completion notification. A maximum 15-day grace period may be provided. If payment is not made within the specified timeframe (including the grace period), interest will be charged at 2% per month on the total amount due, starting from the project commencement until the date of payment.
Until all outstanding amounts are paid in full, we reserve the right to:
All invoices include VAT at the applicable rate. Services and work completed by Ape Sites will be invoiced accordingly.
Payment for our services does not transfer copyright or provide design source files. These can be purchased at an additional cost.
should you, during the project, request us to perform any work which falls outside the scope originally agreed upon, you will be provided additional charges for the additonal work to be perfomed. an additional timeline which the additional work will be perfomed
additonal work is accepted only if agreed upon
The retainer fee entitles the Client to the retainer hours as agreed to in the quotation. If in any month the Client does not utilize all of the retainer hours, the unutilized retainer hours will not be carried forward to the following month, and the Client forfeits the unutilized retainer hours.
f in any month, Ape Sites reasonably anticipates that the Client's requirements for services will exceed its remaining retainer hours for that month, Ape Sites will inform the Client in writing and request the Client's consent prior to proceeding with any additional work.
The fees payable in respect of any services provided by Ape Sites, which fall outside the retainer hours for a particular month, will be agreed upon in writing between parties, before Ape Sites commences with the additional work.
We may require the use of third-party service providers, such as online payment processing services, to deliver the Services. If outlined and agreed to prior to the project commencing, we will ensure that the required third-party products or services are integrated into the project. However, we cannot be held responsible for any issues that you may experience with the third-party service provider, the products or services provided by them, or any problems created by their products or services in relation to our work.
To the fullest extent permissible in law, we will not be liable for, and you agree to indemnify us against, any claims, losses, damages, liability, and/or costs of any kind arising out of, or in connection with, any products or services provided by third-party service providers.
Our fees exclude all third-party charges unless specified. You will be responsible for paying any third-party charges, over and above our charges. If required, we will obtain quotes from third-party service providers for any products, materials, and/or services needed for the Services or Deliverables. We will provide these quotes to you for approval.
You will reimburse us for all approved third-party fees, and we will be entitled to add a 10% mark-up to these fees.
An indicative timeline within which the work will be performed will be set out in the quotation. This timeline gives you an indication of when we will finish the project, but it is not binding on us.
The timeline will start running as soon as we have received the 40% deposit, and is dependent on:
You must provide all relevant information and content (written and imagery) prior to the start of the project. We may also request additional information and content from you during the course of the project.
Written content must be provided to us in an editable format (e.g., Word or Excel). Please ensure that you have checked all your content prior to handing it to us. Unless our quotation includes copywriting services, we will not be liable for any grammar, spelling, or other content errors.
You must ensure that all imagery content is of good quality and suitable for its intended use. Unless our quotation includes imagery processing services, we will not be liable for any image quality issues.
f any information or content is not provided to us within 5 working days of request, the quotation will be increased by 5% for each week that the requested information or content remains outstanding.
You must ensure that all content provided to us:
We retain the right to not include in our work any content that we deem to not comply with the guidelines set out above. In addition, should we use any of your content in our work, and later discover that it does not comply with the guidelines set out above, we will be entitled to remove it from our work.
To the fullest extent permissible in law, you hereby indemnify us against any claims, losses, damages, liability, and/or costs of any kind arising out of, or in connection with, you providing us with content that does not comply with the guidelines set out above.
All intellectual property rights in and to any content provided by you will remain with you, but you hereby grant us permission to use the content in respect of the project.
Each project includes a set number of revisions, allowing you to request reasonable changes at no additional cost before project completion. All change requests must be in writing and fall within the original quotation's scope.
If you request changes beyond the allocated revisions, we'll charge our standard hourly rate. If no additional changes are requested, we consider the project complete once the revisions are utilized or when you don't make use of the revisions within 5 working days of our request.
Any post-completion changes or updates will be billed at our standard hourly rate.
We are not responsible for any unauthorized changes made by you or third parties to our work, during or after project completion. You agree to indemnify us against any claims, losses, damages, liability, or costs arising from such changes.
Should you be unable to attend a meeting which has been scheduled with us, you must give us at least 24 hours notice.
(please ignore this provisions if your project is not a website project.)
DEVELOPMENT
You must provide us with all necessary access to computer systems and other locations, as required by us, in order to complete the website project, including the necessary read/write permissions, usernames and passwords.
E-COMMERCE
If you are setting up an ecommerce website, we offer a basic and limited administrative support service to help facilitate the ecommerce/merchant application. We can’t guarantee the time frame within which the application will be processed or whether it will be granted at all. You will be responsible to pay the cost of the application, over and above our charges.
HOSTING
We offer limited hosting services through an out-sourced virtual server. While we run regular back-ups of websites that we host, and will endeavour to provide a continuous service, we are unable to control the out-sourced virtual server, and as such, we are not able to guarantee continuous service and can’t accept liability for loss of service or business, whatever the cause.
Our websites are developed to certain software standards, determined by our development environment on the day of release.These standards are in place to ensure stability of the hosting platform.
Our Standard Hosting Packages utilise a FUP (Fair Usage Policy). These limits are determined from time to time based on individual communicated agreed to rates.
Specialised Hosting Services have a hard cap on their initial usage, with an overage charge per gigabyte. All amounts not paid within 30-days with regards to web hosting, domain hosting, or email hosting fees, may result in service suspension.
TECHNICAL SUPPORT
Unless agreed to in a separate monthly contract, our hosting services do not include IT, email or website maintenance support. Should these services be required a quotation will be supplied.
BILLING
You will be billed annually for our hosting service.
If your email accounts are set-up with Gsuite through Coffee Creative Studio, you will be billed on a monthly basis as per the current Dollar-Rand exchange on the date of Gsuite electronic invoice submission to us.
CANCELLATION POLICY
Cancellation of our hosting services may be done by giving 30 days written notice and provided that you do not have outstanding fees with us.
On handover of any website files and hosting details, the responsibility for set-ups and redeployment of the website to its full working capacity will be the responsibility of your new service provider.
If you require us to register a website domain on your behalf, this will be done under our company name and profile for administrative purposes. The domain belongs to you and can be transferred to you if required, provided that you do not owe us any money.
Please note that we can’t guarantee the availability of a domain name.
Cancellation of a domain may be done by giving 30 days written notice and provided that you do not have outstanding fees with us.
unless otherwise agreed by us on paper
this includes all open-source file for active and complete projects.
you hereby allow us to:
You hereby acknowledge that any personal information supplied to us is provided voluntarily and should you choose not to provide such information, it may not be possible for us to perform the work you requested.
You hereby consent to us processing your personal information for the purposes of performing the work you requested. We will provide sufficient technical security and organisational measures to protect the information against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access.
You hereby confirm that all content supplied to ape sites has been legally collated in an ethical manner in terms of the POPI Act guidelines.
To the fullest extent permissible in law, we do not provide any warranties of any kind, express or implied, in respect of any products or services provided by us.
While we endeavour to produce the best quality work, to the fullest extent permissible in law, we will not be liable for any claims, losses, damages, liability and/or costs of any kind arising out of, or in connection with, any products or services provided by us, unless caused by our gross negligence or wilful act or omission.
Without detracting from the generality of the limitation of lability set out above, it is specifically stated that we will not be liable for any claims, losses, damages, liability and/or costs of any kind arising out of, or in connection with:
To the fullest extent permissible in law, you hereby indemnify us against any claims, losses, damages, liability and/or costs of any kind arising out of, or in connection with, any products or services provided by us.
Without detracting from the generality of the limitation of lability set out above, it is specifically stated that indemnify us against any claims, losses, damages, liability and/or costs of any kind arising out of, or in connection with, any post made by us on your behalf on any social media platform.
We will not be liable for any breach of these terms and conditions, a delay in performing, or failure to perform, if such breach, delay or failure results from events, circumstances or causes which fall outside our reasonable control.
Should you breach any of these terms and conditions, and we are forced to employ the services of an attorney, advocate or tracing agent to take legal action against you, then you will be liable for all our costs incurred in this regard.
ad hoc projects
You may request us to cease all work on the project by giving us 2 days written notice, which notice will be effective from the date that we received it.
Should you terminate our services before completion of the project, you will be sent an electronic invoice for all the work performed up and to the date on which we received the termination notice.
In addition to any other rights which we may have under law or these terms and conditions, we may terminate the project by giving you written notice, if you have breached these terms and conditions and remain in breach for a period of 3 working days after we have notified you of the breach.
Should we terminate the project, you will be sent an electronic invoice for all the work performed up and to the date on which we terminated the project.
retainer
You may request us to cease all retainer work with us by giving us 60-days written notice, which notice will be effective from the date that we received it, and provided that all accounts are in order.
domains
Cancellation of a domain may be done by giving 30 days written notice and provided that you do not have outstanding fees with us.
hosting
Cancellation of our hosting services may be done by giving 30 days written notice and provided that you do not have outstanding fees with us.
This is the whole agreement between you and us and no amendment, deletion or addition will be valid unless it is in writing and agreed to by both of us.
These terms and conditions replaces any other discussions, agreements and/or understandings between you and us regarding the subject matter of these terms and conditions.
