On receipt of a signed-off Cost Estimate, a deposit of an amount equal to 50% of the total cost is payable prior to execution of project.
Progress payment of 25% is due at completion of Alpha version of the project and the final 25% due upon completion of the project.
The project will be released upon receipt of the balance payment.
If a customer cancels a project prior to completion, they will be charged a cancellation fee equal to the greater of 50% of the quoted for project or work done to date of cancellation.
If we don’t have communication back from a client for a period of two months, it will be assumed the project has been cancelled and the above point 4 will be applicable.
All cost estimates are valid for 21 (twenty-one) calendar days from the date on document.
The cost sheet defines the scope of the solution. Should new requirements be identified (for example additional work required or changes in functionality) by the customer during the implementation of the solution, the new requirements will be handled via a change management process. The customer will be notified of the additional costs and time requirements for the change requests and may choose to incorporate the change upon signing the change request documentation. On approval, the additional work will be billed at 100% as defined by the new cost sheet.
Invoices are payable within 7 (seven) days of the date of invoice. In the event that invoices are not settled within 7 (seven) days of the date of invoice, Digital Dynamite shall be entitled to charge compound interest at a rate of 2.5% above bank prime rate until the debt is settled. Digital Dynamite also reserves the right to “switch-off” the project (website or other online solution) should Digital Dynamite foresee non-payment from client.
Digital Dynamite reserves the right to commence work only upon receipt of the deposit, and all the relevant content/visuals. Should the deposit and/or relevant content/visuals be delayed, the implementation of the solution may be delayed at the discretion of Digital Dynamite.
Digital Dynamite reserves the right to discontinue performing services for a client in the event of non-payment for services by client, and client agrees to reimburse Digital Dynamite for reasonable debt collection expenses on delinquent account, including attorney’s fees.
Any delay in provision of requested information and/or invoice settlement within the specified period by the customer affects accordingly any commitments to time restrictions for delivery and associated penalties agreed to by Digital Dynamite where such time restrictions and penalties exist.
It is the customer’s responsibility to provide Digital Dynamite with complete, timely and accurate information and content, that does not infringe on any copyright or trademark laws, where Digital Dynamite has requested this. The customer agrees to carry out any other obligations ascribed to the company or others under it’s control. Digital Dynamite will not be responsible for any consequences which may arise from any delay or failure by the customer to do so.
A total number of meetings over the duration of the project is indicated (if applicable) in the Cost Estimate. Should additional meetings be requested, the client will be notified and quoted for accordingly.
Digital Dynamite does not guarantee the correct operation of any third party software that may be required for the solution such as internet browsers, operating system software and website plug-ins / modules. In the event a 3rd party website plug-in / module stops working due to 1. platform upgrade, 2. original developers stop supporting the website plug-in / module, Digital Dynamite will prepare an additional Cost Estimate to correct or find an alternative to the website plug-in/module in question.
3rd party contractors are used from time to time based on internal Digital Dynamite capacity. Clients will be introduced to the 3rd party contractors and approve their involvement on a project prior to commencement on any job. Digital Dynamite endeavors to ensure 3rd party contractors adhere to the project deliverables, however will not be held liable for work delivered by 3rd party contractors.
Digital Dynamite builds CMS (Content Management System) websites primarily using the WordPress platform (unless otherwise specified). WordPress is an open source PHP environment that is a widely used and supported CMS technology. A CMS website allows clients to maintain and update portions of the website i.e. images, videos and content, however some aspects (core and structural files) cannot be changed by clients. These structural changes will need to be performed by Digital Dynamite to ensure the website works correctly.
Digital Dynamite requests sign off at various milestones of each project. Each project differs i.e. sign off differs from project to project, however sign off typically is at the following milestones or a combination thereof: Site Map, Wireframe, Look & Feel, Alpha Version (25% complete), Beta Version (75% complete) and Project Completion. Upon sign off of each milestone, any additional aesthetic, structural or development changes that are requested past the sign off of that milestone, a quote will be prepared for the additional work.
From the go-live date (sign off of Project Completion), Digital Dynamite offers a grace period warranty of one month to fix any bugs that are causing the solution to not working correctly, within reason, to a maximum of 4 hours of development. Any fixes need to be documented and emailed to Digital Dynamite within the one month grace period. Should changes be request after the one month grace period, a quote will be prepared for the additional work. Should any person other than personnel appointed by Digital Dynamite modify the solution in any way during the grace period this warranty is void. Bugs are defined as conditions that cause the online solution to stop functioning correctly due to an error in development of the solution. The following failure conditions and associated malfunctions are not covered by this:
Failure of :
3rd party software
Business and operational rules on which the solution may rely
Change or failure of any third party system on which the solution may rely
The hosting environment, for example change of physical hosting server
Version of any software that the application may rely on to an older or newer version. This includes end user applications such as browsers.
Digital Dynamite goes to every effort to test the solution as best as possible as outlined in the quoted “CMS Testing and Implementation” work type item. Based on the number of browser versions available and the frequency of browser releases, Digital Dynamite cannot be held liable for testing omissions. The standard testing includes functional testing, browser testing and if applicable responsive testing. User Acceptance Testing (UAT) is not a standard testing item. IF this is a requirement, a separate CE will be prepared for UAT.
Any Digital Dynamite systems, methodologies, code, components, know-how and intellectual property used in the solution, remain the property of Digital Dynamite.
All hosted websites are based on the traffic and disk space allocations as per each hosting package. The traffic and disk over use charges are as follows:
– Basic Hosting Package (5GB Traffic / 5GB Disk Space) – R0.10/MB over use
– Standard Hosting Package (15GB Traffic / 10GB Disk Space) – R0.10/MB over
– Advanced Hosting Package (30GB Traffic / 15GB Disk Space) – R0.05/MB over use
– Premium Hosting Package (50GB Traffic / 20GB Disk Space) – R0.05/MB over use
– Custom Hosting Package (custom GB Traffic / custom GB Disk Space)- R0.05/MB over use
Digital Dynamite requires a 30 day notice period on the cancellation of any hosting services. The acceptance of any ticket transfer requests will be based on any outstanding monies being settled. Digital Dynamite will not be held responsible for any loss of information, website files or disruption of any email as a result of a domain / website transfer.
All Cost Estimates are for the final product and excludes the supply of artwork/working/website files. Should a client request any artwork/working/website files on completion of a project, a Cost Estimate will be submitted for the artwork/working/website file preparation and upload/delivery.
Should the solution require work on customer or any third party premises, the customer undertakes to provide Digital Dynamite personnel with all facilities and equipment required to undertake work under reasonable working conditions.
Any legitimate business expenses incurred on project related activities will be billed to the customer at cost provided the customer is aware of and has approved such expenses. These include the following: telecommunications charges, freight, shipping, mailing, document reproduction, and any other such costs incurred in performance of services for the customer. Upon mutual agreement, the customer will reimburse Digital Dynamite for all out-of-town travel expenses, such as automobile/airline travel, hotel, meals and taxi fare. Billing for services rendered on-site on an as needed basis will include portal to portal time at a minimum of one-quarter hour each way.
Digital Dynamite will not be held liable for any loss or damages arising out of the use of any solution developed by Digital Dynamite or the use of any documentation produced by Digital Dynamite.
The customer agrees that during the course of this engagement and for a period of six months following it’s conclusion it will not solicit or entice any member of our staff or contractors with whom the customer has had dealings in connection with this engagement. In the event of a breach of the terms of this undertaking which leads to the departure of a staff member or contractor, the customer will pay Digital Dynamite, on demand, a sum equivalent to 30% of the total annual remuneration package paid by Digital Dynamite to the individual prior to his or her departure. The customer acknowledges that this provision is a fair and reasonable term intended to be a genuine assessment of the likely loss to Digital Dynamite.
Digital Dynamite reserves the right to use any aspect of the solution for marketing purposes provided this does not detract from any confidentiality and non-disclosure agreements that may be in place.
In the event that any of the terms of business is held to be invalid, the remainder of the terms will continue in full force and effect.
The parties agree to the jurisdiction of the Magistrates court.