Terms & Conditions

GENERAL
  1. 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, unless otherwise agreed upon.
  2. Progress payment of 25% is due at completion of Alpha version of the project and the final 25% due upon completion of the project.
  3. The project will be released upon receipt of the balance payment.
  4. All cost estimates are valid for 21 (twenty-one) calendar days from the date on the document.
  5. Invoices are payable within 7 (seven) days of the date of invoice. If 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.
  6. 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.
  7. 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. No refunds are applicable.
  8. If we don’t have communication from a client for a period of two months, it will be assumed the project has been cancelled and the above point 7 will be applicable.
  9. 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.
  10. 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.
  11. Any delay in provision of requested information and/or invoice settlement within the specified period by the customer effects accordingly any commitments to time restrictions for delivery and associated penalties agreed to by Digital Dynamite where such time restrictions and penalties exist.
  12. It is the customer’s responsibility to provide Digital Dynamite timeously with complete and accurate information/content, that does not infringe on any copyright or trademark laws. The customer agrees to carry out any other obligations ascribed to the company or others under its control. Digital Dynamite will not be responsible for any consequences which may arise from any delay or failure by the customer to do so.
  13. 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.
  14. 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.
  15. Digital Dynamite requests sign off at various project milestones. 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, Linking Page Design, Alpha Version (50% complete), Beta Version (90% 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.
  16. Any Digital Dynamite systems, methodologies, code, components, know-how and intellectual property used in the solution, remain the property of Digital Dynamite.
  17. 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.
  18. 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.
  19. Any legitimate business expenses incurred on project related activities will be billed to the customer 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 the 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.
  20. 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.
  21. The customer agrees that during this engagement and for a period of six months following its 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 50% 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.
  22. 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.
  23. If any of the terms of business is held to be invalid, the remainder of the terms will continue in full force and effect.
  24. Price, specification, and terms and conditions are subject to change without notice.
  25. The parties agree to the jurisdiction of the Magistrates court.
DEVELOPMENT
  1. 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.
  2. From the go-live date (sign off of Project Completion), Digital Dynamite offers a grace period 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 for project ranging between R20 000 (ex vat) and R50 000 (ex vat) in value and a maximum of 8 hours of development for project more than R50 000 (ex vat) in value.
  3. Any bug fix requests, need to be documented and emailed to Digital Dynamite within the one month grace period. Should bug fix requests fall outside of 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 the development of the solution. The following failure conditions and associated malfunctions are not covered by this:
    1. Failure of:
      • Operating System
      • Software Infrastructure
      • Hardware Infrastructure
      • 3rd party software
      • Internet connection or speed
    2. Change in:
      • 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.
  4. 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, website templates (theme) or website plug-ins/modules. In the event a 3rd party website templates (theme) or website plug-in/module stops working due to 1. platform upgrade, 2. original developers stop supporting the website templates (theme) or website plug-in/module, Digital Dynamite will prepare an additional Cost Estimate to correct or find an alternative to the website templates (theme) or website plug-in/module in question.
  5. 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.
HOSTING
  1. 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
  2. Should the excess traffic be consistent, Digital Dynamite will advise on upgrading the hosting package accordingly.
  3. Digital Dynamite requires a 30-day notice period to cancel 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.
  4. Digital Dynamite hosts with a 3rd party hosting company Hetzner and will not be held responsible should any break, breach, security compromise or interruption of the hosting service is experienced.
  5. Any email support inquiries can be addressed directly with Hetzner by calling their support line on 0861-0861-08.
  6. Digital Dynamite will not be held responsible for the backups of websites that are not hosted with Digital Dynamite. For clients that do not host with Digital Dynamite, a once-off backup of the website at the time of go-live is made. Frequent backups need to be made with your chosen website hosting company.
  7. Hetzner provides incremental backups which are processed daily. These backups are kept for 2 weeks, however, these backups are not guaranteed.
MONTHLY MAGIC
General
  1. Monthly Magic is Digital Dynamite’s retainer, digital marketing and hosting service. All Monthly Magic invoices will be raised by Digital Dynamite.
  2. Digital Dynamite's Monthly Magic service covers various digital marketing services, namely Website Hosting, Website Support, Search Engine Optimisation, Google Adwords, Newsletters, Social Media and Video.
  3. All Monthly Magic services are implemented according to approved Cost Estimates. Should a client not utilise portions of the monthly service, they do not accumulate or carry over from month to month.
  4. The Monthly Magic fees will amount to the allocated number of hours each month as stipulated in the cost estimate.
  5. Should additional Monthly Magic services be requested, the client will be notified and a separate quote will be prepared.
  6. A 10% inflationary increase is applicable to the Monthly Magic fees on the 1st of January of each new year, applicable to clients that have had the service for 6 months or longer.
  7. To terminate this monthly service, 30 days’ notice must be given in writing, emailed or faxed.
  8. Should the customer terminate this service, there will be no refunds for payments made to date.
  9. On approval of the cost estimate, a debit order document will be sent for your completion.
  10. Clients make use of the Monthly Magic services at their own risk.
  11. Digital Dynamite reserves the right to remove client links in the event of non-payment of any amounts due, owing and payable to Digital Dynamite.
  12. Digital Dynamite will not be held liable for the actions of third parties under any circumstances, including but not limited to the plagiarism of articles submitted on behalf of the Client, in the event that such articles are copied and used elsewhere on the internet.
SEO Service
  1. Digital Dynamite undertakes to improve the search engine rankings of a client’s website in terms of a specific, pre-determined number of keywords as per the chosen package.
  2. Monthly reports of SEO activity performed will be emailed to the client, giving an indication of ranking for the selected keywords.
  3. If Digital Dynamite does not host your website, relevant FTP (File Transfer Protocol) detail will be required from the client.
  4. All SEO activities performed by Monthly Magic are based on our experience and researched best practices.
Website Updates
  1. Should the allocated monthly update time not be utilised, no carry overs are allowed.
  2. Website updates can utilised for content updates, image updates, additional functionality based on allocated monthly number of hours.
  3. WordPress, Theme and Plug-in updates will be performed from time to time as updates are released. Time spent on these updates will be deducted from the monthly update allocation.
Social Media
  1. Post content will be researched and prepared based on Social Media package (8 posts, 16 posts) and will be sent to client in the month prior to post dates, for comment and approval.
  2. Digital Dynamite will only schedule approved posts to be published accordingly.
  3. Digital Dynamite will not be held responsible for any posts that receive negative comments published on clients social channels.
  4. Digital Dynamite does not manage replies on Social Channels unless required and agreed upon from the start of the service.
AdWords Terms & Conditions
  1. Allocated AdWord budgets will be monitored weekly, and adjusted accordingly.
  2. AdWord Budgets are to be loaded onto clients account unless otherwise discussed and agreed on an alternative option.
  3. Should AdWords Budget be paid for through Digital Dynamites account, a 12.5% management fee will be added to the Budgetary amount.
  4. AdWord reports will be sent at the start of each month, reflecting the past months activity.
  5. AdWord budgets that are not spent, will carry over to the following months.
Printing
  1. On request Digital Dynamite does assist clients with printing jobs.
  2. Digital Dynamite will not be held responsible for any print work that is not printed with Digital Dynamite preferred print suppliers even if the artwork is supplied by Digital Dynamite.
  3. Any print work done through Digital Dynamite will require final approval and sign-off from client on actual proofs supplied, prior to any print runs.
  4. Digital Dynamite adds an estimated 20% - 30% markup (based on print size) on all print quotes received from our preferred print suppliers.