Last Updated: 1 March 2021.
The following Contract is a legal and binding document, applicable to all products and/or services undertaken by Gregori Marzio New Media Holdings (Pty) Ltd, for and on behalf of any Client(s) who have duly accepted Gregori Marzio New Media Holdings (Pty) Ltd's quotation(s) for any such products and/or services, and therefore authorised Gregori Marzio New Media Holdings (Pty) Ltd to render the aforementioned products and deliver said services.
As per the individual Client's agreement.
2.1. The Client must supply the Project Specifications to Gregori Marzio New Media Holdings (Pty) Ltd in order for Gregori Marzio New Media Holdings (Pty) Ltd to issue an accurate and binding Quotation.
2.2. If the Client requires further assistance with the creation of a Project Specifications, Gregori Marzio New Media Holdings (Pty) Ltd can assist the Client. This time may be billed to the Client at the discretion of Gregori Marzio New Media Holdings (Pty) Ltd.
3.1. Quotations are valid for seven (7) calendar days from the documented date on the Quotation.
3.2. Quotations do not include domain name registration or hosting fees unless otherwise specified.
4.1. Upon a Client signing the Gregori Marzio New Media Holdings (Pty) Ltd Contract, the Client acknowledges that they have read and accepted the issued Quotation.
5.1. The Client acknowledges acceptance of the Quotation and this Contract by paying 50% of the total quoted in South African Rand (ZAR) value as a deposit to Gregori Marzio New Media Holdings (Pty) Ltd's stipulated bank account details as provided on the Invoices. Clients can be billed in other currencies if agreed by both parties.
5.2. Products and/or services as described in the Quotation will only commence once the Client's deposit has been confirmed as received by Gregori Marzio New Media Holdings (Pty) Ltd.
5.3. Gregori Marzio New Media Holdings (Pty) Ltd commit to work expeditiously to complete the quoted products and/or services within the Project Specifications and timeframes indicated as per the Quotation(s).
5.4. Gregori Marzio New Media Holdings (Pty) Ltd cannot be held responsible for delays outside of their control, including but not limited to equipment failure, Third Party Hosting Services, and internet connections.
5.5. Gregori Marzio New Media Holdings (Pty) Ltd endeavour to make websites that perform well in up to date, current major browsers (Google Chrome, Mozilla Firefox, Apple Safari, Opera, Microsoft Edge), but cannot guarantee backward compatibility (i.e. functionality on older or obscure devices and software).
6.1. Deposit(s) are non-refundable unless Gregori Marzio New Media Holdings (Pty) Ltd, at their sole discretion decide otherwise. The decision by Gregori Marzio New Media Holdings (Pty) Ltd is based on the factors surrounding the project in question and is non-negotiable.
7.1. Required documentation refers to any, and all information necessary for the timeous commencement and delivery of products and/or services as described in this Contract and indicated by the Project Specifications. This includes all material such as text copy, product details, pictures, videos, company profiles, et cetera.
7.2. The Client is to provide all Required Documentation electronically to Gregori Marzio New Media Holdings (Pty) Ltd, to initiate work on the aforementioned quoted products and/or services, unless they are to be created as part of the project.
7.3. The Client's quoted and accepted products and/or services will only be queued and allocated accordingly, after compliance with the Contract clause 7.2. unless agreed otherwise in writing.
7.4. If the Client does not supply Gregori Marzio New Media Holdings (Pty) Ltd with the Required Documentation within fourteen (14) calendar days from Invoice date, the entire amount of the Contract becomes due and payable, should the Client choose to continue the Contract with Gregori Marzio New Media Holdings (Pty) Ltd.
7.5. If the Client still has not submitted or provided all the Required Documentation within twenty-eight (28) calendar days from Invoice date, an additional continuation fee of 20% of the total Quotation(s) will be billed for each month until the quoted products and/or services are completed.
8.1. The Client guarantees that they have the Copyright for all material supplied.
8.2. Gregori Marzio New Media Holdings (Pty) Ltd, employees, independent contractors, affiliates, agents, agencies or any associates involved in a Client's products and/or services, will not be liable or held responsible for any Copyright disputes.
8.3. If and when Gregori Marzio New Media Holdings (Pty) Ltd are informed that material was provided without the required Copyright, illegal content will be removed immediately, and the Client will be billed with the cost thereof.
8.4. Gregori Marzio New Media Holdings (Pty) Ltd does not take any responsibility for any, and all content supplied from the Client without proper Copyright whatsoever.
9.1. Unless otherwise specified in the Quotation, the Client shall supply all Graphic Images to be published in accordance with the specified products and/or services.
9.2. Graphic Images (including but not limited to artwork and logos) supplied by the Client, must be of high digital quality and applicable format. The format can be confirmed with the Gregori Marzio New Media Holdings (Pty) Ltd team as required.
10.1. Photographs supplied by the Client must be of high digital quality and applicable format.
11.1. Gregori Marzio New Media Holdings (Pty) Ltd does not offer any printing products and/or services, therefore Gregori Marzio New Media Holdings (Pty) Ltd take no responsibility for print or printing errors.
11.2. Completed graphic design, logo, or any artwork by Gregori Marzio New Media Holdings (Pty) Ltd will be e-mailed to the Client, and the Client will enter into an agreement directly with the printer of their choice.
11.3. To ensure colour and print quality, it is the Client's responsibility to request a colour proof from their printers.
12.1. Hosting via Gregori Marzio New Media Holdings (Pty) Ltd:
12.1.1. Hosting via Gregori Marzio New Media Holdings (Pty) Ltd allows for allocated disk space and traffic bandwidth limited to that Hosting package. Disk over-usage will be charged at the appropriate rate at that time, invoiced to the Client's account and must be paid within seven (7) calendar days after Invoice date thereof. Overage pricing/rates are explained on the quotes.
12.1.2. Monthly Hosting and Yearly Domain Fees must be paid on or before the last working day of each month, unless committed to payment by means of a stop order payment, in which instance the last calendar day is applicable.
12.1.3. Hosting fees are payable from the date of domain registration, transfer to Gregori Marzio New Media Holdings (Pty) Ltd hosting and if applicable, from start of website development by Gregori Marzio New Media Holdings (Pty) Ltd.
12.1.4. Payments not received by the 1st of each month automatically suspends the Client's Hosting service, thus risk deactivating the Client's website. This can be waved at the sole discretion of Gregori Marzio New Media Holdings (Pty) Ltd, without giving up any rights as per the Contract.
12.1.5. A reactivation fee, at the appropriate rate at that time, will be billed to the Client, based on time spent correcting the suspended account.
12.1.6. Hosting fees not received for 3 consecutive calendar months irrevocably terminates the linked website with the host. The Client's domain registration remains for the balance of the yearly domain fee paid, but no software, design and/or development work associated with the domain is recoverable by reactivation hereafter.
12.1.7. Gregori Marzio New Media Holdings (Pty) Ltd reserves the right to suspend the Client's services due to non-payment and charge fees, at the appropriate rate at that time, on all arrears in accordance with this Contract.
12.1.8. Hosting cancellations are only accepted in writing via e-mailed to[email protected], on or before the 1st of the new month as it carries a calendar month notice period.
12.1.9. All outstanding payments must be paid up to date before the Client's Hosting services will be terminated with Gregori Marzio New Media Holdings (Pty) Ltd, thus enabling release to transfer to a Third-Party Hosting Service Provider.
12.1.10. Gregori Marzio New Media Holdings (Pty) Ltd uses one of the country's leading hosting service provider. Gregori Marzio New Media Holdings (Pty) Ltd cannot be held liable for downtime or loss due to technical faults from the servers due to hacks, technical errors, electricity outages, et cetera.
12.1.11 Should there be any website downtime, due to reasons outlined in the Contract clause 12.1.10, Gregori Marzio New Media Holdings (Pty) Ltd will do everything they can to resolve the situation. If there are credits passed on from hosting service provider, this will be shared with the clients.
12.1.12 Should the hosting be cancelled as outlined in 12.1.8, the onus will be on the client to migrate/transfer the site and all its content. Should the client prefer that this be managed by Gregori Marzio New Media Holdings (Pty) Ltd, this can be arranged. Time spent by Gregori Marzio New Media Holdings (Pty) Ltd will be billed to the client.
12.2. Hosting via a Third-Party Service Provider:
12.2.1. If the Client uses a Third-Party Service Provider, the Client will enter into an agreement directly with that Third Party Service Provider.
12.2.2. Gregori Marzio New Media Holdings (Pty) Ltd will not be held liable or have any responsibility for the Client's Hosting Services via a Third-Party Service Provider as we do not have control over the status of hosting, domain renewals or e-mail when not hosted with Gregori Marzio New Media Holdings (Pty) Ltd.
12.2.3. All technical aspects of websites must be referred to the Client's Third-Party Hosting Service Provider.
12.2.4. Gregori Marzio New Media Holdings (Pty) Ltd will however assist the Client upon request with Third Party Hosting Service Provider(s). This time may be billed to the Client at the discretion of Gregori Marzio New Media Holdings (Pty) Ltd.
13.1. Gregori Marzio New Media Holdings (Pty) Ltd cannot guarantee search positions or rankings of websites but include Search Engine Optimisation (SEO) in the form of Google Search Console submission, Google Analytics integration, meta tags and descriptions, structure and basic content recommendations for all websites developed. Gregori Marzio New Media Holdings (Pty) Ltd can assist with the Client's SEO if, and when required and will issue the Client a Quotation accordingly.
14.1. Gregori Marzio New Media Holdings (Pty) Ltd will load up to ten (10) products on the website on the Client's behalf. However, the Client will be able to load unlimited products subject to fair usage of the hosting package.
14.2. Should the Client require Gregori Marzio New Media Holdings (Pty) Ltd to load more than the aforementioned ten (10) loaded products, Gregori Marzio New Media Holdings (Pty) Ltd will issue the Client a Quotation accordingly.
15.1. The Client is required to e-mail the Proof of Payment to[email protected].
15.2. All work remains the property of Gregori Marzio New Media Holdings (Pty) Ltd until the full and final payment is received.
16.1. Activation of the Client's website is conditional to the Contract clause 15 above.
16.2. The Completion Date of a project is affected by feedback and received content from the Client. Timeframes will be adjusted within reason, notwithstanding this Contract.
17.1. Additional Work requested and agreed to, or any other work in progress for the Client's website after the Completion Date of the original Agreement, will be billed in accordance with this Contract, quoted and agreed to.
17.2. All payment(s) and timeframe(s) as set out in this Contract shall apply.
17.3. Scope creep will not be tolerated, and setting clear goals, objectives and specifications in the initial negotiations and Project Quote with Gregori Marzio New Media Holdings (Pty) Ltd remain the responsibility of the Client.
17.4. Gregori Marzio New Media Holdings (Pty) Ltd may suggest Additional Work for the Client's project, including but not limited to graphic design, software, et cetera; to enhance the Client's website functionality and appearance, and reserves the right to do so free of charge or Gregori Marzio New Media Holdings (Pty) Ltd will issue the Client a Quotation accordingly.
18.1. The Client may request that Gregori Marzio New Media Holdings (Pty) Ltd access their website's Content Management System to make requested changes. Upon doing so, the Client indemnifies Gregori Marzio New Media Holdings (Pty) Ltd from any changes made by the Client or any third party to the website, which includes but is not limited to any content changes, software updates, added software, or loss of information.
18.2. Gregori Marzio New Media Holdings (Pty) Ltd commit to respond to any technical error, which may be the result of their Hosting services, design software or any plausible fault, omission or neglect on their part within this agreement within a reasonable time period, as soon as Gregori Marzio New Media Holdings (Pty) Ltd is able.
19.1. Gregori Marzio New Media Holdings (Pty) Ltd is not a credit service provider and does not grant any credit facilities whatsoever.
19.2. Client Statements and accounts does not imply negotiable payment terms and are issued in accordance with the nature of Gregori Marzio New Media Holdings (Pty) Ltd being a month-to-month service provider.
19.3. All Invoices are billed to the Client's account and e-mailed to the Client in accordance with this Contract, and payments made by the Client are allocated to Invoices on the Statement upon Gregori Marzio New Media Holdings (Pty) Ltd having confirmed receipt of said funds.
19.4. Invoices, corresponding payments received, and due balances will reflect on the Client's Statement.
19.5. Due to the nature of the business, additional Client Statements will be issued and e-mailed for all overdue balances and additional fees Invoiced as required.
20.1. Telephonic, Skype or email queries will be responded to free of charge for confirmed Clients according to the Contract clause 5.1.
20.2. Meetings and consultations will be charged at the discretion of Gregori Marzio New Media Holdings (Pty) Ltd, in accordance with this Contract, quoted and agreed to.
21.1. Failure to comply with this Contract regarding payments and fees will result in legal action from Gregori Marzio New Media Holdings (Pty) Ltd's legal representative(s), and the full outstanding balance becomes payable.
21.2. All legal costs resulting of non-payment will be accrued to the Client's outstanding balance.
22.1. Should the Client cancel the project at any time, all fees up to that point of work will be calculated. Any amount greater than the 50% deposit will be billed to the Client. This is payable within seven (7) calendar days of Invoice date.
22.2. Gregori Marzio New Media Holdings (Pty) Ltd will only refund Client's amounts paid, for products and/or services not delivered in accordance with the initial Agreement(s), or balance thereof in accordance with the Contract clause 22.1.
22.3. Hosting and Domain Fees are non-refundable, as these are paid in advance.
22.4. Gregori Marzio New Media Holdings (Pty) Ltd reserves the right at its discretion to cancel this Agreement should the Client breach any of the Contract stated herein.
23.1. Gregori Marzio New Media Holdings (Pty) Ltd will not be held liable for any viruses, hacking, malicious content or any Security breaches pertaining to any third-party applications or to the Client's website.
23.2. Gregori Marzio New Media Holdings (Pty) Ltd' Hosting service provider may at any time suspend a domain should any viruses or malicious content be exposed through hacking or security breaches to any third-party application or website.
24.1. As is customary in this field, the Client agrees that the website shall bear a discrete credit (with a hyperlink to Gregori Marzio New Media Holdings (Pty) Ltd's website) in the website footer / copyright area.
25.1. The jurisdiction of this contract will be in the Republic of South Africa.
25.2. All legal proceedings will be in Cape Town, South Africa.
25.3. If a portion of this contract is deemed unlawful and/or unconstitutional according to South African law, the rest of the contract will remain valid and legally binding.