Terms and Conditions

Last Updated: 5 June 2024

This Services Agreement (the "Agreement") contains the complete terms and conditions which govern your subscription of Website Design, Development and other Internet-related services provided by Aquawave Web Designs (the "Services"). "Client", "you", or "your" means you. You acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the Aquawave Web Designs site. As referred to in this Agreement, "Site" refers to a World Wide Web site and "Aquawave Web Designs Site" refers to the Site located at the URL https://www.js-solutions.com or any other successor Sites owned or maintained by JS-Solutions Networks.

The following terms and conditions apply to all website development / design services provided by Aquawave Web Designs to the Client.

Acceptance

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

Charges

Charges for services to be provided by Aquawave Web Designs are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Aquawave Web Designs reserves the right to alter or decline to provide a quotation after expiry of the 30 days.

Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total due upon completion of the work, prior to upload to the server or release of materials.

Website Contents

Aquawave Web Designs required the Client to provide all the required information in advance. On any occasion where progress cannot be made because Aquawave Web Designs have not been given the required information in the agreed time frame, Aquawave Web Designs reserve the right to impose a surcharge.

NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website.

Client Review

Aquawave Web designs will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Aquawave Web Designs otherwise within fourteen (14) days of the date the materials are made available to the Client.

Turnaround Time and Content Control

Aquawave Web designs will install and publicly post or supply the Client's website by the date specified in the project proposal, or at date agreed with Client upon Aquawave Web Designs receiving initial payment, unless a delay is specifically requested by the Client and agreed by JS-Solutions Networks.

In return, the Client agrees to delegate a single individual as a primary contact to aid Aquawave Web Designs with progressing the commission in a satisfactory and expedient manner.

During the project, Aquawave Web designs will require the Client to provide website content; text, images, movies and sound files.

Termination of Agreement

Aquawave Web Designs required the Client to actively participate in the project by providing necessary information, feedback, and approvals in a timely manner. If the Client subsequently fail to do within three month of project commencement, Aquawave Web Designs reserve the right to close the project and this agreement will be terminated, and both parties will be released from their respective obligations. Any termination of the agreement will not relieve the client of their obligation to pay for services rendered up to the date of termination.

Payment

Invoices will be provided by Aquawave Web Designs upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt.

Additional Expenses

Client agrees to reimburse Aquawave Web Designs for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.

Web Browsers

Aquawave Web Designs makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer, Google Chrome, etc.). Client agrees that Aquawave Web Designs cannot guarantee correct functionality with all browser software across different operating systems.

Aquawave Web Designs cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Aquawave Web Designs reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

Default

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on JS-Solutions Networks' Web space, Aquawave Web designs will, at its discretion, remove all such material from its web space. Aquawave Web Designs is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client's account. Cheques returned for insufficient funds will result in the Client's account being immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay Aquawave Web Designs reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Aquawave Web Designs in enforcing these Terms and Conditions.

Termination

Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. Telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

Indemnity

All Aquawave Web Designs services may be used for lawful purposes only. You agree to indemnify and hold Aquawave Web Designs harmless from any claims resulting from your use of our service that damages you or any other party.

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Aquawave Web Designs the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Aquawave Web Designs permission and rights for use of the same and agrees to indemnify and hold harmless Aquawave Web Designs from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Aquawave Web Designs that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

Standard Media Delivery

Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered on thumbdrive, CD or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Aquawave Web Designs to return to the Client any images or printed material provided for use in creation of the Client's website, such return cannot be guaranteed.

Design Credit

A link to Aquawave Web Designs will appear in either small type or by a small graphic at the bottom of the Client's website. If a graphic is used, it will be designed to fit in with the overall site design. The Client also agrees that the website developed for the Client may be presented in Aquawave Web Designs portfolio.

Access Requirements

If the Client's website is to be installed on a third-party server, Aquawave Web Designs must be granted temporary read/write access to the Client's storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.

Post-Placement Alterations

Aquawave Web Designscannot accept responsibility for any alterations caused by a third party occurring to the Client's pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.

General

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client's signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.

Governing Law

This Agreement shall be governed by South African Law.

Liability

Aquawave Web Designs hereby excludes itself, its Employees and or Agents from all and any liability from:

Loss or damage caused by any inaccuracy;
Loss or damage caused by omission;
Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
Loss or damage to clients' artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.
The entire liability of Aquawave Web Designsto the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

Severability

In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.

10. Contact Us

If you have questions or comments about this Privacy Policy, please contact us at:

Aquawave Web Designs
Email: jason@aquawavedesigns.com