1.1 Authorisation

 The Client is engaging the Service Provider, as an independent contractor for the specific purpose of designing and setting up new accounts for the purchased Services. If need be, the Client hereby authorizes the Service Provider to access their pre-existing accounts allowing “write permission” and authorizes the Agent, Company, Associates and the Account Provider to provide the Service Provider with permission for the Client’s accounts, and any other login, access information or programs which need to be accessed. The client also authorizes the Service Provider to use the login information to access any third-party accounts associated with the purchased Services or site from where the Client would like the Service Provider to access licensed images, copyrighted text and other technical information, configurations, audio, video, media and content useful in designing and developing the purchased Services.

1.2 Links

 This agreement contemplates that all links provided by the Client have been verified and approved for use on the Client’s Services. The Service Provider takes absolutely NO RESPONSIBILITY in ANY suit(s) that are directed to the Client from links that have not been approved for use on the Client’s account and Services.

1.3 Media

It is anticipated that the Service Provider will create, capture or receive from the Client all graphics, audio, video media elements necessary to complete the Client’s Services. This includes audio, video, images, photography, scanning services, video, and photo shooting, editing, animation, and 3rd party stock photography, audio, video and any media elements

1.4 Payments & Terms

The Service Provider reserves the right to remove all web content, designs, development from the Internet if payment is not made within the agreed and set days after our completion notification. If a payment delay is anticipated, please contact the Service Provider to discuss potential problems in advance. If problems are anticipated, we may be able to accommodate an alternate arrangement where possible. If the Client is delinquent in their payment, then proper actions may be taken by the Service Provider and the account may be handed over to a 3rd party Collections Agency for proper handling and recovery. Service Provider will levy an additional charge of 25% penality for late payments and if the service was on sale the customer will now pay off the discounted amount plus 25% penalty. The website maybe taken down or the taken over by the service provider if the payments have not fully been made based on the agreed timelines.

1.5 Client Amends for Services

The Service Provider prides itself on providing excellent customer service. That is the spirit of our agreement and the spirit of the Service Provider’s business. To that end, we encourage input from the Client during the design process. The Service Provider understands, however, that the Client may request significant changes to Services that have already been rendered to the Client’s specification. To that end, please note that our agreement does not include a provision for significant design, development or production in excess of our agreement.  Any additional content update on the website other than the one already included is charged an Extra Fee. Clients who anticipate frequently changing the look of their site during the design process and Clients who desire to be an intricately involved design of each page, graphics or PPC campaigns are encouraged to negotiate an agreement before purchasing our Services.

1.6 Copyrights and Trademarks

The Client represents to the Service Provider and unconditionally guarantees that any elements of text, graphics, photos, designs, audios, videos, trademarks, or other artwork furnished to the Service Provider via Email, Phone, Internet, On-Paper, in-meeting and otherwise, for inclusion in the Client’s web site are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend the Service Provider and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client. The client agrees that any content used while developing the website is owned by the client and Under no circumstances will the Service Provider be liable for Client’s Content or the content of any third party, including, but not limited to, for any errors or omissions in the Client’s Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise. The Service Provider will not be liable for any Copyright Infringements.

1.7 Third Party Modifications

Some Clients may desire to independently edit or update their Services after completion of the design/development as a way to control costs and avoid further expense. The Client agrees that once we complete the development for Client’s Services and the Client or an agent of the Client other than the Service Provider attempts to update Services that were previously rendered by the Service Provider and damages the design or impairs the ability for the Services to display or function properly, then time to repair the will be assessed and rectified at an Extra fee

1.8 Pofessionalism & Conduct

The client agrees to work together, deal and behave with the Service Provider in a professional manner. Any kind of repeated pattern of inappropriate, false accusations, harassment, derogatory or threatening speech directed towards the Service Provider, its officers, staff, and contractors will not be tolerated. The Service Provider has the right to take strict action, legal steps, abiding the law and resume the development process and any related Services right away offering no refund or guarantees to the Client. The Service Provider has zero-tolerance for Clients abusing our Services.

1.9 Ownership

Copyright to the finished assembled work of Services produced by the Service Provider and graphics shall be vested with the Client upon final payment for the development. This ownership is to include design, photos, graphics, source code, work-up files, text, and any program(s), hosting & domains specifically designed or purchased on behalf of the Client for completion of this development. All materials developed that are intended for publication to the web remain the property of Service Provider until such time as final payment for the development has been tendered by the Client. At this time, all materials become the property of the Client and may be used by them as desired. Should materials described in this agreement be used on the web by the Client before the tender of final payment, then this agreement is breached and appropriate penalties will apply.

2.0 Design Credit & Reviews

The client agrees that the Service Provider may put a byline on the bottom of their web site, establishing design and development credit. The client also agrees that the web site, graphics, video, audio and any development created for the Client will be included in the Service Provider’s portfolio and the Client will provide a text review, audio or video testimonial when requested by the Service Provider. If any or none of these are acceptable, please inform the Service Provider beforehand via email or in writing via registered mail.

2.1 Nondisclosure

The Service Provider, its employees, and subcontractors agree that, except as directed by the Client, it will not at any time during or after the term of this Agreement disclose any Confidential Information to any person whatsoever. Likewise, the Client agrees that it will not convey any confidential information obtained about the Service Provider including strategies, vision, information mind maps, training to another party

2.2 Domain Registration

At the Clients request, the Service Provider may secure a domain name (www.myname.com | .co.zw, etc.) on behalf of the Client. All charges incurred in doing so will be billed to the Client as an additional fee. These are Internet fees and are not a source of income for the Service Provider. Should the Client desire a specific domain name that is already owned by another party then an alternative domain name must be registered. If the Client already has a domain name, the Service Provider may coordinate redirecting the address to the new hosting server.

2.3 Website Design Services

The client agrees that the Service Provider may use open source platforms such as WordPress CMS and third-party applications to build website and will not be held liable for any faults, loopholes, hack, spam or any other problem arising due to mismatch, upgrading error with different versions of the CMS & plugins, applications. The Client also agrees and understands that problems arising due to third-party hosting, servers, domain provider or any technical reason or by the act-of-god is not the fault of Service Provider and therefore agrees to hold harmless, protect, and defend the Service Provider and its subcontractors from any claim or lawsuits.

2.4 Cancellation

a)  We reserve all rights to terminate our provision of service to you at any time. In the event of our cancellation, any deposit will be fully refunded. Reasons for cancellation may include, but are not limited to, staff illness, short notice medical or family emergencies, or natural/human disasters/events

b) You reserve all rights to terminate the provision of our services at any time. In the event of any cancellation on your behalf, all deposit payments are non-refundable. If the project was already started and you havent paid any deposit, you will pay for the work already done and the costs uncured.

c) If the cancellation is a result delinquency in payment by the clients, the service provider will not make any refunds to the clients for the deposit that has been brought forward