Last Modified: June 02, 2019
Nomisful (Pty) Ltd may request that clients change the type of hosting account used if that account is deemed by Nomisful (Pty) Ltd to be unacceptable because of poor service, lack of bandwidth or in any other way insufficient to support the website. Fees for hosting on Nomisful (Pty) Ltd’s virtual serve
r are due at the commencement of any period of service and are non-refundable.
Fees due to third party hosting organisations are the responsibility of the client and Nomisful (Pty) Ltd are not liable for their payment, nor for the renewal of domain names, which are the sole responsibility of the customer / domain owner. looking at the Acceptable Use Policy
Nomisful (Pty) Ltd cannot guarantee the availability of any domain name. Where Nomisful (Pty) Ltd is to register a domain name on behalf of a client it will endeavour to do so but the client should not assume a successful registration.
Search Engine Submission
Due to the infinite number of considerations that search engines use when determining a site’s ranking, Nomisful (Pty) Ltd cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a site is accepted, the time it takes to appear in search results varies from one search engine to another. Rankings will also vary as new sites are added. Nomisful (Pty) Ltd recommend that customers use a professional SEO company and are happy to provide details of such companies, but accept no responsibility for their services.
WebSite Design Project
All engaging Nomisful (Pty) Ltd as an independent contractor for the specific purpose of designing a World Wide Web site, herein after referred to as "Web Design Project", to be published on the Client's account on an Internet Service Provider (ISP)/Web Presence Provider (WPP) computer, herein after refer to as "Hosting Service", or provided on Flash Drive (USB) at the Client's option. The Client hereby authorizes Nomisful (Pty) Ltd to access this account, and authorizes the Hosting Service to provide Nomisful (Pty) Ltd and its designer, Simon Banda, with "full access" to the Client's account, and any other programs needed for this Web Design Project that are included as part of the Client's service agreement/level. The Client also authorizes Nomisful (Pty) Ltd to submit the completed Web Design Project to major Web Search Engines.
This Web Design Project will be developed using Adobe® Dreamweaver, Serf, WordPress and Joomla
Compatibility - Designing a web site to fully work in multiple browsers (and browser versions) can require considerable, extra effort. It could also involve creating multiple versions of code/pages. Nomisful (Pty) Ltd represents and warrants that the web site we design for you will work in:
Microsoft® Internet Explorer, mozilla firefox, Google, Bing, Yahoo, Ask.com and AOL.com.
For People with Disabilities – Nomisful (Pty) Ltd' standard is to meet at least half the currently recommended guidelines for web site development. Without sacrificing quality and design, we try to ensure that the content and functions we build into our web sites are available to all visitors.
3. Assignment of Web Design Project.
Nomisful (Pty) Ltd reserves the right, and you hereby agree, to assign subcontractors to this Web Design Project to insure that the terms of this agreement are met as well as on-time completion.
4. Copyrights and Trademarks.
The Client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Simon Banda and/or Nomisful (Pty) Ltd for inclusion in the Web Design Project are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, indemnify and defend Simon Banda and Nomisful (Pty) Ltd and its subcontractors from any liability (including attorney's fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client.
5. Web Site Maintenance.
This service agreement allows for minor web site maintenance to pages for the lifetime of your web site at no charge for all clients hosting with Nomisful (Pty) Ltd , up to an average of one half hour per regular web page, including updating links and making minor changes to a sentence or paragraph. It does not include major page reconstruction, new pages, guestbooks, discussion webs, navigation structure changes, attempted updates by Client repairs or Web Design Projects delivered to Client via Flash Drive (USB), and e-mail. The period begins on the date the Client's web site is available to be published to the Client's hosting service on on our services. Major page code and/or graphics changes and additions will be charged at the R850.00 (South Africa) and K450 (Zambia) per page layout (navigation structure) . (Notice: This rate is subject to change at any time.) All payments, regardless of amount, the 50% deposit must be made beginning maintenance.
6. Completion Date.
Nomisful (Pty) Ltd and the Client must work together to complete the Web Design Project in a timely manner. We agree to work expeditiously to complete the Web Design Project no later than 8 working days for any package and 30 days for all E-commerce/Paypal “Online Shop” after Client has submitted all necessary materials. If the Client does not supply Nomisful (Pty) Ltd with complete text and graphics
content for this Web Design Project within 3 working days of the effective date of the agreement, the entire deposit amount of the agreement shall be retained by Nomisful (Pty) Ltd as liquidated damages and the contract shall become null and void, at Nomisful (Pty) Ltd' option, unless the Web Design Project is cancelled in writing by the Client prior to 3 working days of the effective date of the agreement.
We are also delight to design other marketing and advertising materials to help you easier implement your marketing strategy. Please contact us to discuss in detail. We also provide printing and production for all designs with very special prices; please contact us for a quotation. All our prices are in South African Rand or Zambian Kwacha and VAT exclusive.
The 50% deposit of the total quoted amount becomes due immediately once the quote is formally accepted and once a tax invoice has been sent to the client. Nomisful accepts cash deposits, electronic transfers. Credit card payments are accepted in special circumstances and if previously arranged upon. Nomisful does not accept payment by cheque. No project shall commence until the 50% deposit has been made and confirmed. Should a client cause a delay in the commencement of the project by failing to make a deposit within a reasonable time period, Nomisful accepts no responsibility should the deadline for the project not be met. All 50% deposit towards any quote designs and development are non-refundable unless Nomisful has not begun with process of the design, therefore the client qualifies for a Credit note that can be used for any products or services offered by Nomisful. No 50% deposit amount is refundable for a cash payout.
Notice: Prices are subject to change at any time
Cancellation of orders may be made initially by telephone contact, or e-mail. The client will then be invoiced for all work completed over and above the non-refundable deposit that will have been made at the time of first ordering. The balance of monies due must be paid within 30 days. Please note: any cancellation which is not formally confirmed in writing and received by Nomisful (Pty) Ltd within 14 days of such instruction being issued, will be liable for the full quoted cost of the project. Nomisful reserves the right to cancel any project or any services if the client does not comply with relevant information or breaks terms and conditions of services.
Nomisful (Pty) Ltd makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies. Nomisful (Pty) Ltd will not be held responsible for any and all damages resulting from products and/or services it supplies. Nomisful (Pty) Ltd is not responsible for any loss, or consequential loss of data, or non-delivery of products or services, of whatever cause. While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The customer agrees not to hold Nomisful (Pty) Ltd responsible for any such loss or damage. Any claim against Nomisful (Pty) Ltd shall be limited to the relevant fee(s) paid by the customer.
Nomisful (Pty) Ltd reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions. Nomisful (Pty) Ltd will not knowingly perform any actions to contravene these and the client also agrees to be so bound.