Purple Site Agency Terms & Conditions

Introduction

The terms and conditions of our business partnership are outlined in this document. By placing an order with Purple Site Agency, you indicate that you agree to and are bound by the terms and conditions below, unless both parties have agreed to anything else in writing.

Definitions

As used in this Agreement and elsewhere:

The whole text of this Basic Terms and Conditions document, the Proposal document(s), the Schedule(s), along with any other Supplements listed below, as well as any exhibits, schedules, or attachments hereto, collectively constitute the "Agreement."

"Content" refers to all written text, images, audio, video, and other types of creative content.

According to South African and international copyright law, "Copyrights" refers to the property rights in original works of authorship that are expressed in a material form and are enforceable.

The services and work product outlined in the proposal that Purple Site Agency is to provide to the CLIENT in the format and media outlined are referred to as "deliverables."

"Services" refers to all work products and services that Purple Site Agency will offer to the client as mentioned and otherwise further defined.

Trademarks are any brand names, words, images, logos, or other visual elements that are used in the final deliverables.

The continual efforts to keep the website safe and operational are referred to as "ongoing management." Data management, backups, maintenance, upgrades, and software updates fall under this category, but they are not the only ones.

General Terms

Service you can Trust

Offering the CLIENT professional web services, such as web design, hosting, domain registration and renewal, maintenance, online advertising management, search engine optimization, social media marketing, and graphic design, is Purple Site Agency's top focus.

Authorisation

The CLIENT grants Purple Site Agency permission to carry out the tasks listed in this agreement on their behalf, including but not limited to registering their domain, gaining access to their hosting account and disk space, building databases and applications, managing their online advertising, and submitting their project to search engines.

Agreement Scope

Services provided, prices, and rates are restricted to those that are expressly stated in the service package agreement. Additional agreements are necessary for any additional services. We have agreed to the whole package, which includes a variety of services.

If the CLIENT does not use every service included in the total package, they are still responsible for paying the full amount.

Costs and Fees

Outside the parameters of this document, changes and additions will be quoted and paid to the CLIENT. Before beginning the additional work, the CLIENT will be informed of all expenses, revisions, and additions. Outside purchases like software licensing, copyright licensing, photography, color printing, artwork, or courier services are not included in the fees for professional services. Each invoice includes a breakdown of additional costs.

Production Schedules

Schedules for the production process will be set and followed by the CLIENT and Purple Site Agency. Final delivery date or dates will be altered if the CLIENT doesn't follow production schedules. If the CLIENT's delays increase the amount of time it takes to administer or provide the services, then extra fees may be levied.

Payment

The CLIENT consents to pay Purple Site Agency in accordance with the conditions outlined in each estimate or proposal. The day the agreement was signed shall serve as the payment due date.

Purple Site Agency reserves the right to withhold the website and related materials or to prevent completion and/or delivery of services until past-due sums are paid if the CLIENT fails to pay any invoice. The CLIENT's supplies, equipment, and completed work may all be held in reserve as security until all valid claims made against the CLIENT are compensated. Any court costs, attorney expenses, or debt collection costs that may accrue are the CLIENT's responsibility.

If the project is canceled before it is finished, the CLIENT will be responsible for one month's payment as per the 30-day cancellation notice.

Confidentiality

Any knowledge or information imparted to or obtained by Purple Site Agency during or in connection with the fulfillment of this agreement that is of a secret or confidential nature relating to the business, equipment, processes, products, services, or business strategies offered or employed by the CLIENT will not be disclosed to any third party or used, other than for the purposes of this agreement. This duty of confidentiality will end in relation to information that Purple Site Agency is required to divulge by any law or that enters the public domain for any reason other than due to a breach of its duties of confidentiality under this Agreement.

Outsourcing

If needed, Purple Site Agency reserves the right to outsource any specific project requirements to insure that the terms of this agreement are met. Any subcontractors or external suppliers will be bound to the terms of this agreement.

Promotion

Purple Site Agency is confident that the CLIENT’s expectations will be exceeded and as such is notifying the CLIENT that Purple Site Agency reserves the right to use the CLIENT’s website, associated graphics and any unused ideas and development in the promotion of Purple Site Agency services or any design competitions. CLIENT agrees to allow Purple Site Agency to retain a credit and link from the footer of the website.

Copyright

The CLIENT is responsible for all trademark, service mark, copyright and patent infringement clearances. The CLIENT is also responsible for arranging, prior to publication, any necessary legal clearance of materials Purple Site Agency uses for this project. The CLIENT indemnifies Purple Site Agency against any loss or damage arising directly or indirectly from any unauthorized use of photographs, text, or other Intellectual Property not under copyright ownership of the CLIENT.

Ownership / Project Copyright

The functioning source files, databases, and whole ownership of the website and design are entirely reserved by Purple Site Agency. Unless otherwise approved, the CLIENT will not have access to the Control Panel, Database, or FTP.

Open-Source Software

To provide websites and services to the CLIENT, Purple Site Agency heavily relies on open-source software and components. On open-source software, Purple Site Agency will not impose additional license costs.

The CLIENT holds Purple Site Agency harmless from any loss or damage brought on either directly or indirectly by any malfunction of any software given to the CLIENT.

All software and components that were not created by Purple Site Agency are still subject to their original licenses and agreements. The CLIENT agrees to be governed by the conditions of the original Author and acknowledges that Purple Site Agency is unable to transfer any rights to the CLIENT.

Force Majeure

If Purple Site Agency is prevented from providing the Services or any portion thereof due to a fire, earthquake, labor dispute, act of God, Purple Site Agency's death, illness, or incapacity, or any local, provincial, national, or international law, governmental order or regulation, or any other event beyond Purple Site Agency's control (collectively, "Force Majeure Event"), then Purple Site Agency When a Force Majeure Event occurs, Purple Site Agency is required to notify the CLIENT of the delay or inability to provide the Services and to suggest changes to the original completion timetable.

Limitation of Liability

The services and the work product of Purple Site Agency are sold “as is.” In all circumstances, the maximum liability of its Designers, Directors, Officers, Employees, Design Agents and Affiliates (“Purple Site Agency parties”), to the CLIENT for damages for any and all causes whatsoever, and the CLIENT’s maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, shall be limited to the net cost of this project as specified in this Agreement. In no event shall Purple Site Agency be liable for any lost data or content, lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the materials or the services provided by Purple Site Agency even if Purple Site Agency has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy.

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Termination / Cancellation

Purple Site Agency may terminate this Agreement with immediate effect giving written notice to the other of such termination. The CLIENT may terminate the agreement providing 30 days written notice. The CLIENT will be liable for final payment during the 30 days’ notice period and all other outstanding balances. The CLIENT shall assume responsibility for collection of all legal fees necessitated by default in payment.

Domain Names

All domain names are legally owned by the CLIENT. All domain name registrations are subject to availability and registration rules. Purple Site Agency will manage the domain name(s) on behalf of the CLIENT unless the CLIENT requests in writing that the CLIENT manages their own domain(s) and payment of fees.

Purple Site Agency is an Accredited Registrar with the ZA Registry in South Africa.

The CLIENT indemnifies Purple Site Agency against any loss or damage arising directly or indirectly from any failure of services related to domain renewals, registrations, domain name trademarks.

Hosting

Purple Site Agency will offer the suggested hosting package required for the CLIENT's project.

The exact package required will determine the monthly cost. Due to website growth, disk-space and an increase in traffic, the CLIENT will be responsible for any over-usage, charged per GB for Traffic & per 10mb for Disk Space.

Should the CLIENT decide to make use of their own hosting provider, the CLIENT will be responsible for contacting the chosen host for support relating to hosting matters & ensure that Purple Site Agency will have the correct hosting environment needed for the project. Purple Site Agency will charge for costs incurred liaising with the hosting company and supporting the CLIENT with hosting related issues. Purple Site Agency will charge for costs incurred due to differences in hosting environment if installation and management exceeds standard time frames.

Browser Variance

Our websites have been changed to accommodate the most recent releases of Google Chrome, Mozilla Firefox, and Internet Explorer, and are optimized for XHTML-compliant browsers (IE). The browsers that are statistically the most widely used are those we test on. In some browsers, the layout and aesthetic components may alter or deteriorate.

Colours

Visitors to websites use various monitors with various settings. The website's colors and visual quality, including its graphics and photographs, will change on different computers and monitors.

Testing and Acceptance of the Website

Purple Site Agency will give the client the option to test and evaluate the website after notifying them verbally or in writing that the project has, in their opinion, been finished. Purple Site Agency promises to make any required and reasonable revisions if the CLIENT finds that the website does not adhere to the Project Components agreed upon in this document.

Client Responsibilities

Time to repair web pages will be charged at our STANDARD or OVERTIME hourly rate and is an additional expense above the costs outlined in the agreement if the CLIENT or an agent of the CLIENT other than Purple Site Agency attempts to update, edit, or change the site's template, infrastructure, source files, or hosting management in a way that damages specific pages or the site's architecture.

Errors and Omissions

It is the duty of Purple Site Agency to thoroughly review content for accuracy in all areas, including spelling, technical illustrations, and overall error-free environments. Purple Site Agency is not responsible for any errors or omissions, though. The CLIENT holds Purple Site Agency harmless from any loss or damage brought on by any errors and omissions, whether they occur directly or indirectly.

Updates/Changes

According to the terms of the service package agreement, Purple Site Agency provides monthly maintenance. When given the client's instructions, Purple Site Agency will make sure that any maintenance work is completed within 48 working hours.

Copy

All text must be provided digitally in a copy-paste-able manner. No text contained in any non-editable file format will be re-typed or typed out by Purple Site Agency.

Images

Digital graphics and photos must be submitted via email, file transfer, or flash drive. Each picture can only have a file size of 2 MB (unless by prior arrangement). Larger files will cost more because they take longer to process.

Branding A vector file in an industry-standard format must be given for all logos and branding.

Fraud/Scam

Purple Site Agency shall have the right to immediately discontinue the website in the event that the CLIENT is accused of engaging in any illegal conduct on the website, such as exploiting the website to defraud users or clients. Before the website is once again activated, it is the CLIENTS' responsibility to supply Purple Site Agency with evidence that the accusations are untrue.

Spam & Email

The information below is valid while hosting with Purple Site Agency on Afro-host servers, and the Acceptable Use Policy must always be adhered to.

A first and final warning, as well as the instant and without-notice termination of hosting, website, and email services, may be issued for violating the acceptable use policy.

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