ORDERS AND PAYMENTS
All orders should be accompanied by the following:
- a purchase order number or
- alternative confirmation via e-mail or
- a signed proof of the quotation document.
Order payments should be accompanied by
- a Payment confirmation (POP - Proof of payment) sent via fax to 0866115310 or email to firstname.lastname@example.org.
Work will be scheduled and commences once we have received payment confirmation. Websites go live and design work are released once the balance payment is reflected in our account. On projects running over to following months, invoices would be submitted on the 20th or closest date thereto of each month for payment before or by the end of such month for work completed. Late payments should be arranged beforehand.
We do not furnish debit order contracts.
All design items to be signed off or confirmed in writing i.e., email or fax by client before printing process commences. Any amendments, changes or alterations after sign-off or confirmation to go to print, will be for the client’s account. Digital Interactive takes no responsibility in the event of any spelling errors after confirmation of acceptance of artwork for the printing process. No refund payments would be made in the event that the client is not happy with the result of print quality due to layout, spelling errors or whatsoever. It is therefore pertinent that the client sign or confirm final layout for approval to go to print. Due to the fact that we are not a printing company and the client requests that we arrange the print work on their behalf, the client accepts all responsibility for any mishaps which might occur and which is out of our control. We will however endeavor to keep all extra costs to a minimum in the unlikely event of the aforementioned.
CANCELLATIONS AND DISPUTES
In the unforeseen event that the contract with us is cancelled for whatever reason, the Invoice/s paid up to that stage will be forfeited and the contract become null and void. Should there still be monies due for work done up to such time, the account should be settled within 14 days of notice. We would however endeavor to complete the project within the time-frame agreed upon however cannot be held responsible for any delays as a direct result of unforeseen circumstances, ad-hoc changes, specification changes or third-party errors or misconduct. In the unforeseen event that the contract is cancelled, all invoices submitted at that stage, should be honored, and settled in full. Additional development, alterations, amendments or deviations from the original quotation or project specifications would be considered additional and quoted upon separately. All signed documentation or email confirmation are legal and contractually binding. If a client has paid an amount of money in whatever form or process to start the project, we also see this as acceptance to the order and will be honored as such. In the event of a dispute arising as a result of non-payment, the desired legal route will be taken to settle the dispute and all legal costs would be to the account of the client - this includes all our legal fees in the event that the client wants to redeem monies from us as well as our efforts and legal costs to redeem monies from said client. Digital Interactive will not pay back any monies demanded by clients for whatever reason. In the event that a client treats us without any respect (with reference to conversation or in writing), we will have the right to cancel said contract or work to be provided with immediate effect or by way of follow up communication with client to remedy the situation.
If a client threatens any of our staff, personnel or management, we will have the right to cancel said contract or work to be rendered with immediate effect. Any demands by clients will be handled by way of legal process or remedied between the parties concerned. No monies paid from client side at that point in time will be paid back.
In the event that the client sees that their business model is not working or does not create the desired revenue planned for should be seen as the client’s responsibility and we do not take any responsibility for bad or non-thought-through projects not realising their potential. We will endeavor to ensure that all our system components are programmed and working as it should according to the specifications supplied or discussed with the client.
Breach of contract and remediation processes will be at Management’s discretion to decide the legal route to follow and get to a closure of the matter as quickly as possible.
IP AND DATA SECURITY
IP would remain the property of Digital Interactive until paid for in full or as per contractual agreement. We understand that all information supplied to us for use on your sites and projects are the property of the Author and that Digital Interactive will not take any responsibility for copyright material breaches supplied by the client. Information and images are to be supplied in electronic format as agreed upon beforehand, copyright is the responsibility of the client and the client needs to ensure that they have all legal rights to use images, content and information presented in their websites, social media, and any material which was used by the Digital Interactive team members. The client agrees to make available as soon as is reasonably possible to Digital Interactive all materials required for completing the project to the agreed standard and within the set timeline and completion required dates. Digital Interactive will not be held responsible for any grammatical or spelling errors in which case the client still carries the sole responsibility of correctness before going to print or making information available to view. Any late submission of information, images or any electronic or hard-copy material, will result in time delays to the project and will be the client’s responsibility. Delays from the client side will and cannot be forced onto Digital Interactive to increase productivity to allow timeous completion of the project. Any information sent to Digital Interactive should be free of any errors, should we be asked to rectify any spelling errors or alterations due to client error submission, the amendments would result in additional costs to the client. Digital Interactive endeavors to ensure that software developed and implemented by the company complies to current industry standards and security at the time of going live, however given the nature of the platforms and environment cannot guarantee that the software is impervious to malicious attacks or ‘hacking’ from any third party. As standard practice Digital Interactive implements the necessary backups and security on its platforms and hosting environments, however, cannot guarantee that data integrity will at all times be intact due to unforeseen circumstances. Clients are welcome to discuss any additional requirements with regards to securing data and software with Digital Interactive should the need arise. As part of the CPA, we require our clients to ensure that terms and conditions listed on their websites and software are up to date and in line with current legislation. All Software developed by Digital Interactive is supplied ‘as is’ on delivery and finalisation of the project in terms of the initial agreement and as such maintenance of the software remains the responsibility of the client for the lifetime of the software use unless the maintenance forms part of the agreement. Whilst every precaution will be made to ensure that software developed by Digital Interactive are free of errors and secure, Digital Interactive cannot accept responsibility for any losses incurred due to malfunction, bugs or incorrect output etc. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use or submission to the live server environment. Data loss as a result of breach to the security of the data or software through third party ‘hacking’ or system errors, will not be reimbursed to our clients in whatsoever way or means. Digital Interactive will endeavor to recover any data loss by means of restoring available backups at fixed costs, however, should the software require changing or additional programming to prevent future loss this would be at the expense of the client and be quoted upon by Digital Interactive accordingly
Client information will be kept private and not divulged to any third party requests for marketing purposes.
NON-DISCLOSURE AGREEMENTS (NDA)
We have a standard NDA document in place and will provide you with it on request. We also provide the NDA document by default when going into negotiations with a client on a new idea or proposal.
SERVICE LEVEL AGREEMENTS (SLA)
SLA's are usually setup once a client requires monthly services such as maintenance or marketing is required to be delivered over a specific period of time. In most cases we evaluate the time requirements at a fixed hourly rate and draw the proposal up for approval. The SLA is a binding contract between us and the client and non-payment will result in a breach of contract which in turn will be dealt with via our attorneys or mediation processes to resolve the issue.