Black Orchid Terms & Conditions

Payment for Services Rendered
A 50% deposit is required up-front prior to the commencement of work with the final amount being paid on completion of the project defined in the specification. Payments not made within 30 days of the relevant invoice will be subject to interest of 3% for each month that the balance is overdue. Deposit is non-refundable.

Website Scope and Manner of Services
1) Installation of WordPress. WordPress is hereby defined as the content management system which will be used by the Contractor as a framework for the Client’s website.
2) The Contractor agrees to construct a Website such that its features shall conform to the specifications set out in quote.
3) The Contractor is not responsible for sourcing Domain Name or Hosting services.
4) Any major change or modification to the proposal will be an additional cost item for the Client to incur at a predetermined rate and will have to be agreed upon with the Client in writing prior to the additional work commencing.
5) The Contractor will make allowance for 3 sets of changes, however should the changes be deemed to deviate drastically from the proposal; Clause “4” in “Scope and Manner of Services” will apply.
6) The Contractor agrees to make all reasonable efforts to deliver the functionality specified in the quote.

Graphic Design Scope and Manner of Services
1) The Contractor agrees to the specified Design proposal set out in quote.
2) Any major change or modification to the proposal will be an additional cost item for the Client to incur at a predetermined rate and will have to be agreed upon with the Client in writing prior to the additional work commencing.
3) The Contractor will make allowance for 3 sets of changes, however should the changes be deemed to deviate drastically from the proposal; Clause “2” in “Scope and Manner of Services” will apply.
4) The Contractor agrees to make all reasonable efforts to deliver the specified Design proposal set out in quote.
5) Any work required in advance of an agreed schedule or timetable, any shortening of the contract period, or overtime incurred to meet deadline due to Client delays shall be charged and paid for at an additional rate of 25% of the Contractor hourly rate.

Copyright
1) All original icons, logos, illustrations, and graphic designs created by the Contractor for use on the Client Design Project are the exclusive property of the Contractor until receipt of the Total Fee amount.
2) On receipt of the Total Fee by the Contractor, Client is authorized to have exclusive use of all icons, logos, illustrations and graphic designs created by the Contractor for use on the Client Website / Client Design Project for purposes of marketing, advertising, and promotion of the Client and its subsidiaries. Contractor agrees that its work product produced in the performance of this Agreement shall remain the exclusive property of Client, and that it will not sell, transfer, publish, disclose, or otherwise make the work product available to third Parties without Client’s prior written consent. Any rights granted to Contractor under this Agreement shall not affect Client’s exclusive ownership of the work product

Provision of Materials, Information and Content
The Client shall provide the Contractor with the materials and information identified in any accepted Proposal and any other information which the Contractor may reasonably require or request from the Client in order to facilitate or enable the provision of the Scope and Manner of Services by the Contractor. The Contractor shall not be liable for any service delays or service interruptions occasioned by the Client’s non-compliance with the provisions of this clause. The Client hereby indemnifies the Contractor against all liabilities which the Contractor may incur as a result of any claim for breach of any third party Intellectual Property Rights arising from the use by the Contractor of any intellectual property supplied to the Contractor by the Client

Client Approval
The Client will appoint a single representative of the Client with full authority to provide approvals.
The Client will be required to proofread and approve all elements of final designs. Approval must be provided before production can continue and artwork is released. Corrections, if required, will be identified on proofs, artwork, or digital proofs and submitted for the Contractor to revise and resubmit for client approval. Final approval is required on every project and must be marked “Approved” with the name or initials of the individual who is authorized by the Client to approve artwork for release and production. Email authorization from the Client will constitute authorization and approval to carry out work defined in Scope and Manner of Services.

Browser Testing
Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device. We test our work in the latest versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Internet Explorer) and Mozilla Firefox. Testing popular small-screen devices is essential in ensuring that a person’s experience of a design is appropriate to the capabilities of the device they’re using. We test our work in: iOS Safari, Google Chrome Android. Separate estimate can be provided enhanced design for an older browser.

Search Engine Optimisation (SEO)
We don’t guarantee improvements to your website’s search engine ranking, but the web pages that we develop are accessible to search engines.

Entire Agreement and Governing Law
This Agreement constitutes the entire agreement with respect to the Design and Development of the Client Website / Client Design Project and supersedes all prior or contemporaneous oral or written agreements concerning such confidential information. This Agreement may not be amended except by the written agreement signed by authorized representatives of both parties. This Agreement will be governed by and construed in accordance with the applicable laws of South Africa