Terms and Conditions
Agree

The following Terms & Conditions are a legal and binding document, applicable to all products and/or services undertaken by ImaginAttic (Pty) Ltd, for and on behalf of any Client(s) who have duly accepted ImaginAttic’s quotation(s) for any such products and/or services, and therefore authorized ImaginAttic to render the aforementioned products and deliver said services.

Please note, that our Terms & Conditions are subject to change. Always make sure you have read the latest Terms & Conditions as stated below before paying your deposit for a project.

Last updated: 28/01/2021

Terms and Conditions:

  1. Project Specifications
    1. The Client must supply the Project Specifications to ImaginAttic in order for ImaginAttic to issue an accurate and binding quotation.
    2. If the Client requires further assistance with creating Project Specifications, ImaginAttic is willing to assist the Client. This time may be billed to the Client at the discretion of ImaginAttic.
    3. Any Additional Work (Terms and Conditions 19) must be supplied as additional Project Specifications.
  1. Quotation
    1. Quotations are valid for 10 (ten) calendar days from the documented date on the Quotation.
    2. Quotations do not include domain name registration or hosting fees unless otherwise specified.
  1. Acknowledgment
    1. Upon a Client accepting the ImaginAttic Quotation, the Client acknowledges that they have read and accepted these Terms and Conditions.
  1. Agreement
    1. The Client acknowledges acceptance of the Quotation and these Terms and Conditions by paying 60% of the total quoted South African Rand (ZAR) value as deposit to ImaginAttic’s stipulated bank account details as provided.
    2. Products and/or services as described in the Quotation will only commence, once the Client’s deposit has been confirmed as received by ImaginAttic, which will be reciprocated with a Statement allocating Payment to said Invoice, to the Client, when said funds are confirmed by ImaginAttic.
    3. ImaginAttic commits to work expeditiously to complete the quoted products and/or services within the Project Specifications and timeframes indicated as per the Quotation(s).
    4. In order to deliver these products and/or services within the projected timeframes, the Client’s co-operation is paramount.
    5. ImaginAttic cannot be held responsible for delays outside of their control, including but not limited to equipment failure, Third Party Hosting Services, and internet connections.
    6. ImaginAttic endeavors to make websites that perform well in current major browsers but cannot guarantee backward compatibility (i.e. functionality on older devices and software).
  1. Deposit
    1. Deposit(s) are non-refundable and non-negotiable.
    2. No monies or deposits for projects will be paid back to client at any time during or after the project. (refer to Terms & Conditions 24).
    3. Any amount paid by the Client, greater than the 60% required Deposit, does not construe or imply any additional right(s) other than what is stipulated in these Terms and Conditions.
  1. Required Documentation
    1. Required documentation refers to any and all information necessary for the timeous commencement and delivery of products and/or services as described in these Terms and Conditions and indicated by the Project Specifications.
    2. The Client is to provide all Required Documentation electronically to ImaginAttic, within 10 (ten) calendar days after the Invoice date confirming the received deposit, to initiate work on aforementioned quoted products and/or services, unless they are to be created as part of the project.
    3. The Client’s quoted and accepted products and/or services will only be queued and allocated accordingly, after compliance with Terms & Conditions 6.2.
    4. If the Client does not supply ImaginAttic with the Required Documentation within 20 (twenty) calendar days from Invoice date, the entire amount of the Agreement becomes due and payable, should the Client choose to continue the Agreement with ImaginAttic.
    5. If the Client still has not submitted or provided all the Required Documentation within 45 (forty-five) calendar days from Invoice date, an additional continuation fee of 15% of the total Quotation(s) will be billed for each month until the quoted products and/or services are completed.
  1. Copyrights
    1. The Client has to ensure they have the Copyright for all material supplied.
    2. ImaginAttic, employees, independent contractors, affiliates, agents, agencies, or any associates involved in a Client’s products and/or services, will not be liable or held responsible for any copyright disputes.
    3. If and when ImaginAttic are informed that material was provided without the required Copyright, illegal content will be removed immediately, and the Client will be billed with the cost thereof.
    4. ImaginAttic does not take any responsibility for any and all content supplied from the Client without proper Copyright whatsoever.
  1. Written Content and Fonts
    1. Unless otherwise specified in the Quotation, the Client shall supply all content wording to be published in accordance with the specified products and/or services.
    2. Written Content must be supplied by the Client in formatted text (as the Client specifies it to appear), unless otherwise agreed to by ImaginAttic to design the layout thereof.
    3. All fonts for Written Content shall be indicated by the Client in the Project Specifications.
  1. Graphic Images
    1. Unless otherwise specified in the Quotation, the Client shall supply all Graphic Images to be published in accordance with the specified products and/or services.
    2. Graphic Images (including but not limited to artwork and logos) supplied by the Client, must be of high digital quality and applicable format.
  1. Photographs
    1. Photographs supplied by the Client must be of high digital quality and applicable format.
  1. Specified Colours
    1. Colors specified by the Client must be supplied as Pantone and CMYK values.
  1. Printing
    1. ImaginAttic does not offer any printing products and/or services, therefore ImaginAttic takes no responsibility for print or Printing errors.
    2. Completed graphic design, logo, or any artwork by ImaginAttic will be e-mailed to the Client, and the Client will enter into an agreement directly with the printer of their choice.
    3. Screen colors and digital proofs can vary from litho printing. To ensure color and print quality, it is the Client’s responsibility to request a color proof from their printers.
  1. Website Hosting
    1. Hosting via ImaginAttic
      1. Hosting via ImaginAttic allows for allocated disk space limited to that Hosting package. Disk over-usage will be charged at the appropriate rate at that time, invoiced to the Client’s account, and must be paid within 7 (seven) calendar days after the Invoice date thereof.
      2. Monthly Hosting & Yearly Domain Fees must be paid on or before the stipulated due date on the invoice.
      3. Hosting fees are payable from the date of domain registration or transfer to ImaginAttic.
      4. Payments not received by the due date according to the invoice will automatically suspend the Client’s Hosting service, thus deactivating the Client’s website.
      5. A reactivation fee, at the appropriate rate at that time, will be billed to the Client.
      6. Hosting fees not received for 2 consecutive calendar months irrevocably terminates the linked website and associated e-mail accounts with the host. The Client’s domain registration remains for the balance of the yearly domain fee paid, but no software, design, and/or development work associated with the domain is recoverable by reactivation hereafter.
      7. ImaginAttic reserves the right to suspend the Client’s services due to non-payment and charge fees, at the appropriate rate at that time, on all arrears in accordance with these Terms and Conditions.
      8. Hosting cancellations are only accepted in writing, e-mailed to [email protected], on or before the 1st of the new month as it carries a calendar month notice period.
      9. All outstanding payments must be paid up to date before the Client’s Hosting services will be terminated with ImaginAttic, thus enabling release to transfer to a Third-Party Hosting Service Provider.
    2. Hosting via a Third-Party Service Provider
      1. The Client has to provide ImaginAttic with their Cpanel, FTP, and database details to upload onto ImaginAttic’s software.
      2. If the Client uses a Third-Party Service Provider on ImaginAttic’s recommendation, the Client will enter into an agreement directly with that Third Party Service Provider.
      3. ImaginAttic will not be held liable or have any responsibility for the Client’s Hosting Services via a Third Party Service Provider as we do not have control over the status of hosting, domain renewals, or e-mail when not hosted with ImaginAttic.
      4. All technical aspects of websites must be referred to the Client’s Third-Party Hosting Service Provider.
      5. ImaginAttic will however assist the Client upon request with Third-Party Hosting Service Provider(s). This time may be billed to the Client at the discretion of ImaginAttic.
  1. Search Engine Optimization (SEO)
    1. ImaginAttic cannot guarantee search positions or rankings of websites but include Search Engine Optimisation (SEO) in the form of meta tags and descriptions, structure, and basic content recommendations. ImaginAttic can assist with the Client’s SEO if and when required and will issue the Client a Quotation accordingly.
  1. E-Commerce
    1. ImaginAttic will only load 20 products on the website on the Client’s behalf. However, the Client will be able to load unlimited products.
    2. Should the Client require ImaginAttic to load more than the aforementioned 20 loaded products, ImaginAttic will issue the Client a Quotation accordingly.
  1. Review and Changes
    1. On design completion of the Client’s website, the client will be sent a link in order for the Client to preview and respond with amendments and/or improvements.
    2. The client will be given 7 (seven) days to review and email back amendments and/or improvements.
    3. Once the site is approved by the client it will go live. Any additional amendments and/or improvements required after the site has gone live will be quoted and billed separately.
  1. Balance of Payment
    1. The Client is required to e-mail Proof of Payment to ImaginAttic, which will be reciprocated with a Statement, allocating payment to said Invoice, to the Client, when said funds are confirmed by ImaginAttic.
    2. All work remains the property of ImaginAttic until the full and final payment is received.
    3. The Client shall be entitled to full ownership of all final artwork created during the project upon full payment of the agreed fee. All products remain the property of ImaginAttic, until fully paid for. No artwork will be supplied without full payment.
  1. Completion Date
    1. Activation of the Client’s website is conditional to Terms & Conditions 17. above.
    2. The Completion Date of a project is affected by feedback and received content from the Client. Timeframes will be adjusted within reason, notwithstanding these Terms & Conditions.
    3. The Client will be notified when the website is activated, and then the Client will have 2 (two) working days to report any faults or request minor alterations (within the initial Agreement), in writing by e-mail.
    4. Should ImaginAttic not receive a reply within 2 (two) working days via e-mail, the Client’s website is considered finalized and complete. Therefore, ImaginAttic takes no responsibility for website content errors hereafter.
    5. Please note that any further adjustments or amendments after this date will be at an additional cost as set out in Terms and Conditions 19.
  1. Additional Work
    1. Additional Work requested and agreed to, or any other work in progress for the Client’s website after the Completion Date of the original Agreement will be billed monthly in accordance with these Terms and Conditions, quoted and agreed to.
    2. All payment(s) and timeframe(s) as set out in these Terms and Conditions shall apply.
    3. Scope creep will not be tolerated and setting clear goals, objectives, and specifications in the initial negotiations and Project Specifications with ImaginAttic remain the responsibility of the Client. Should Scope creep occur, the client will be quoted on additional work.
    4. ImaginAttic may suggest Additional Work for the Client’s project, including but not limited to graphic design, software, etc. to enhance the Client’s website functionality and appearance, and reserves the right to do so free of charge or ImaginAttic will issue the Client a Quotation accordingly.
  1. Service Agreement.
    1. The Client may request ImaginAttic to grant them access to their website’s Content Management System (CMS). Upon doing so, the Client indemnifies ImaginAttic from any changes made by the Client or any third party to the website, which includes but is not limited to any content changes, software updates, added software, or loss of information.
    2. A restoration fee in accordance with these Terms and Conditions, quoted and agreed to, will be billed when having to restore a website.
    3. ImaginAttic commit to respond to any technical error, which may be the result of their Hosting services, design software or any plausible fault, omission or neglect on their part within this agreement(s), within 2 (two) working days.
    4. ImaginAttic is not liable to Client(s) or responsible for said products and/or services of Client(s) whose accounts are not paid up to date.
  1. Invoices and Statements.
    1. ImaginAttic are not a credit service provider and does not grant any credit facilities whatsoever.
    2. Client Statements and accounts does not imply negotiable payment terms and are issued in accordance with the nature of ImaginAttic being a month-to-month service provider.
    3. All Invoices are billed to the Client’s account and e-mailed to the Client in accordance with these Terms and Conditions, and payments made by the Client are allocated to Invoices on the Statement upon ImaginAttic having confirmed receipt of said funds.
    4. Invoices, corresponding payments received, and due balances will reflect on the Client’s Statement.
    5. Due to the nature of the business, additional Client Statements (Late payment reminders) will be issued and e-mailed for all overdue balances and additional fees Invoiced, on the due date, 3 days after the due date, and 7 days after the due date consecutively.
  1. Consultations
    1. Telephonic, Skype, or e-mail queries will be responded to free of charge for confirmed Clients according to Terms & Conditions 4.1.
    2. Meetings and consultations will be charged at the discretion of ImaginAttic, in accordance with these Terms and Conditions, quoted and agreed to. The first initial meeting is free of charge, but every meeting after that will be charged at an hourly rate agreed to.
  1. Legal Costs
    1. Failure to comply with these Terms and Conditions regarding payments and fees will result in legal action from ImaginAttic’s legal representative(s), and the full outstanding balance becomes payable.
    2. All legal costs resulting from non-payment will be accrued to the Client’s outstanding balance.
  1. Cancellations
    1. Should the Client cancel the project at any time, all fees up to that point of work will be calculated. Any amount greater than the 60% deposit will be billed to the Client. This is payable within 7 (seven) calendar days of Invoice date.
    2. ImaginAttic will only refund Client’s amounts paid, greater than the 60% deposit for products and/or services not delivered in accordance with the initial Agreement(s), or balance thereof in accordance with Terms & Conditions 24.1.
    3. Hosting and Domain Fees are non-refundable, as these are paid in advance.
    4. ImaginAttic reserves the right at its discretion to cancel this Agreement should the Client breach any of the Terms and Conditions stated herein.
  1. Security
    1. ImaginAttic will not be held liable for any viruses, hacking, malicious content or any Security breaches pertaining to any third-party applications or to the Client’s website.
    2. ImaginAttic’s Hosting service provider may at any time suspend a domain should any viruses or malicious content be exposed through hacking or security breaches to any third party application or website.
  1. General
    1. ImaginAttic reserves the right to make changes to these Terms and Conditions at any time without prior consent of any or all of their Clients, employees, independent contractors, affiliates, agents, agencies or any other third-party agreements.
    2. These Terms and Conditions (http://www.ImaginAttic.net/terms-conditions/) are legally binding in accordance with the publishing date hereof, as incorporated on ImaginAttic own website, and date of accepting a product and/or service delivery Agreement(s) with ImaginAttic.