Terms & Conditions

Agreement between Superb Digital and business or Individual identified on this agreement.

The Client/Individual listed below is subject to the following terms and conditions.

The payment of the 50% deposit by Client implies that the below terms and conditions have been read and understood and accepted by the Client.

Superb Digital reserves the right to change any rates and any of the Terms and Conditions at any time and without prior notice.

All design work is carried out by Superb Digital on the understanding that the Client has agreed to abide by these terms and conditions.

DEFINITIONS

• cPanel refers to a web hosting control panel that provides a graphical interface and tools to manage a website’s files, databases, and emails.
• FTP (File Transfer Protocol) refers to a standard network protocol used to transfer files between a client and a server over the internet.
• Database refers to a structured collection of data that is stored electronically and used to manage website information, such as user accounts or product details.
• SEO (Search Engine Optimisation) refers to the process of optimising a website to improve its visibility on search engines like Google and attract organic traffic.
• CMS (Content Management System) refers to software used to create, edit, and manage website content. Examples include WordPress, Joomla, and Drupal.
• Responsive Design refers to a web design approach that ensures a website looks and functions well on all devices, including desktops, tablets, and mobile phones.
• Hosting refers to the service of providing storage space and access for websites on the internet. Hosting providers manage servers that keep your website online.
• SSL (Secure Sockets Layer) refers to a standard security technology that establishes an encrypted link between a web server and a browser, ensuring secure data transmission.
• Under Construction/Coming Soon refers to temporary website status messages that inform users the website is in development or undergoing updates.
• Reactivation Fee refers to a fee charged to resume a project that has been placed on hold due to delays, covering necessary updates or compatibility checks.

WORK SCHEDULE

An advance of 50% of the total cost of the project is required before work can commence, unless otherwise stated.

Superb Digital to submit a layout design of website no later than ten (10) days after the Client pays the initial (50%) deposit.

Any indication given by Superb Digital of a design project’s duration is to be considered by the Client to be an estimation. The estimated project duration should be deemed to be from the date that cleared funds of the deposit are received by Superb Digital.

The Client is to provide Superb Digital with all the data needed to complete the website, including text, company logo, and images within 3 days after the second consultation meeting.

Communication between Superb Digital and Client is crucial during this phase to ensure that the ultimate publication will match the Client’s taste and requirements.

On design completion of the Client’s website, the website will be activated for 2 (two) working days, in order for the Client to preview and respond with amendments and/or improvements, within these 2 (two) working days, in writing by e-mail or other communication platforms.

Hereafter the Client’s website will be reverted to “Under Construction” or “Coming Soon” status until these amendments and/or improvements, or other adjustments have been made.

TERMINATION OF THE CONTRACT

If the Client cancels the project after paying the deposit, Superb Digital reserves the right to keep the full deposit for website design services that have already commenced on our part.

MATERIALS AND INFORMATION

The Client is responsible for providing our web designers with all the necessary “legal” materials and information needed. This will include content, images, videos, etc. required to complete the website in a timely manner.

The Client agrees to provide all requested materials and information within the timeframes specified in the project timeline. If the Client delays by exceeding 60 calendar days without prior written notice, Superb Digital reserves the right to place the project on hold as outlined in the Delays and Reactivation section.

Text is to be supplied by the Client in electronic format as standard text (.txt), Microsoft Word (.doc) or .rtf format via disk or email attachment.

Text should be as close as reasonably possible to final format, with accuracy of content, spelling and grammar checked and little or no formatting (includes text from previous websites). Superb Digital assumes all written content adheres to copyright laws.

By supplying text, images and other data to Superb Digital for inclusion in the Client’s website or other medium, the Client declares that it holds the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the Client, or rightful copyright or trademark owner.

By supplying images, text, or any other data to Superb Digital, the Client grants Superb Digital permission to use this material freely in the pursuit of the design and to utilise the designs in Superb Digital’s portfolio unless agreed otherwise.

Should Superb Digital, or the Client supply an image, text, audio clip or any other file for use in a website, or any other medium believing it to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the Client will agree to allow Superb Digital to remove and/or replace the file.

DELAYS AND REACTIVATION

To ensure the timely completion of website development projects and effective resource management, Superb Digital has implemented a Stipulated Delays Policy. This policy outlines our approach to managing project delays resulting from the client’s inability to provide necessary materials, feedback, or approvals in a timely manner.

1. Client Responsibility: The client agrees to provide all requested materials, information, and feedback within the timeframes specified in the project timeline. Any delays in providing these essentials will directly impact the project’s progress.
2. Project Hold and Reactivation: If a client’s delay exceeds 60 calendar days without prior written notice or agreement, Superb Digital reserves the right to place the project on hold. A reactivation fee of 10% of the total project cost will be applied to resume work and cover any required updates or compatibility checks. An invoice will be issued upon request to reactivate the project, and work will resume once payment is received.
3. Termination for Prolonged Delays: If a project remains on hold for more than 365 calendar days due to client inaction, Superb Digital reserves the right to terminate the project. In such cases, the initial deposit will not be refundable, consistent with our cancellation policy, and a new contract may be required to restart the project.

ADDITIONAL WORK

If the Client requires additional web design services within the designing period, we will not charge the Client, however, if the Client requires additional web design services after the completion of the website (or after the final payment has been made), web maintenance rates will be charged accordingly. The project can expect delays by how much ever time our website designers need to complete the new requirements.

MAINTENANCE AGREEMENTS

Superb Digital prides itself on providing excellent customer service. To that end, we encourage input from the Client during the design process. Superb Digital understands, however, that the Client may request significant design changes to pages that have already been built to the Client’s specification. To that end, please note that our agreement does not include a provision for “significant page modification” or creation of additional pages in excess of our agreed page maximum. If significant page modification is requested after a page has been built to the Client’s specification, the Client must consider the appropriate web maintenance package.

Significant changes involve page redesigns, adding new functionality, or creating additional pages exceeding the agreed scope. Moderate changes include minor adjustments such as text edits, price updates, or simple design tweaks.

If the Client requests significant page modification after the page maximum has been reached, a Change Request with estimated costs will be submitted for the Client’s approval prior to changes being done. Moderate changes, however, will always be covered during our development of the site and also covered by our maintenance agreements.

1. Monthly Maintenance Package – The Client pays a fixed monthly rate for such things as changing the price of an item, adding additional inventory to online store, addition of email addresses and making minor changes to a sentence or paragraph, etc. Monthly Agreement is payable each month, whether the time is used or not.
2. Hourly Maintenance Package – An hourly chargeable agreement. Charges incur when Client requests a change.

INVOICING & PAYMENT TERMS

Superb Digital standard payment terms are 7 days from the date of invoice.

PAYMENT OR LATE PAYMENT

After completing the website, we require the final 50% payment in full before the site goes live. The website remains the property of Superb Digital until such a time that the Client pays the outstanding payment in full.

Payment is accepted by Electronic Funds Transfer (EFT), or PayPal for International Clients, or in cash unless otherwise agreed.

The Client is required to e-mail the Proof of Payment to Superb Digital.

SEO TERMS

Superb Digital accepts no responsibility, nor liability to the Client for the actual rankings achieved or how such rankings may vary over time. Search engines are known to change their algorithms and in such doing rankings and traffic may fluctuate.

INTELLECTUAL PROPERTY

If multiple design concepts are submitted, only one concept is deemed to be given by Superb Digital as fulfilling the contract. All other artwork designs remain the property of Superb Digital unless agreed in writing.

WHAT TO EXPECT

We aim to achieve the highest level of Client satisfaction and for our Clients to have absolute faith in our standard of work and the professional manner in which we conduct business.

We will:

• be friendly, courteous and helpful when contacted
• make every effort to explain things clearly and in terms you can understand, keeping jargon to a minimum
• agree with you the type of service you can expect to receive
• respond to your phone calls, emails and letters in a timely manner
• treat all Clients fairly

Superb Digital commits to maintaining the confidentiality of all Client-provided materials and information, ensuring they are not shared or used for any purpose beyond the scope of the project without prior consent.

We expect you to:

• provide any information that has been requested within agreed timescales
• pay all invoices within the payment terms defined in our agreement
• let us know in advance if you are unable to do this, or if your circumstances change

We are keen to improve our high level of Client service and welcome any comments that you have, either complimentary or critical. If a project has not met its targets we would appreciate your feedback about what we can do to avoid the situation in future. We want our Clients to be 100% happy with the service they receive.

THIRD-PARTY HOSTING SERVICE

The Client has to provide Superb Digital with their cPanel, FTP, and database details to upload onto Superb Digital’s software.

If the Client uses a Third Party Service Provider on Superb Digital’s recommendation, the Client will enter into an agreement directly with that Third Party Service Provider.

Superb Digital 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 Superb Digital.

All technical aspects of websites must be referred to as the Client’s Third Party Hosting Service Provider.

From time to time host providers may do upgrades to the server. This could result in some downtime on your website. For this, Superb Digital is not liable for any losses incurred by or to the Client.

Superb Digital 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 Superb Digital.

THIRD-PARTY OR CLIENT MODIFICATION

Some Clients may desire to independently edit or update their creative works once transfer of ownership to the Client has taken place. Note however, Superb Digital is not responsible for any and all liabilities and/or damages to such creative works once the transfer of ownership has taken place.

The Client also agrees that Superb Digital holds no responsibility for any amendments made by any third party, before or after a design is published.

Superb Digital will not be held liable for any viruses, hacking, malicious content, or any Security breaches pertaining to the Client’s website after the design is published.

PROHIBITED CONTENT

Superb Digital will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities.

Superb Digital reserves the right to refuse or remove submitted material. If such content is removed, the Client will be notified immediately with an explanation. Any images and/or data that Superb Digital does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the Client is obliged to allow Superb Digital to remove the contravention without hindrance, or penalty. Superb Digital is to be held in no way responsible for any such data being included.

DISCLAIMER

Superb Digital reserves the right to use the services of sub-contractors, agents, and suppliers, and any work, content, services, and usage is bound by their Terms and Conditions. Superb Digital will not knowingly perform any actions to contravene these and the Client also agrees to be so bound.

Any bugs (programming errors) reported during or just after the development does not attract additional charges.

INDEMNIFICATION

While Superb Digital agrees to act in good faith to minimise risks and prevent issues, the Client agrees to defend, indemnify, save and hold harmless Superb Digital and its representatives from any and all demands, liabilities, losses, costs, and/or claims, including reasonable attorney’s fees associated with the representatives’ development of the Client’s creative works. This includes, but is not limited to, liabilities asserted against Superb Digital, its representatives, subcontractors, agents, Clients, servants, officers, employees, and/or assigns that may arise or result from any service provided or performed or agreed to be performed or any product sold by Superb Digital, its representatives, subcontractors, agents, Clients, servants, officers, employees and/or assigns.

The Client also agrees to defend, indemnify and hold harmless Superb Digital against liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over the Client’s website. This includes infringing on the proprietary rights of a third party, copyright infringement, and delivering any defective product and/or misinformation that is detrimental to another person, organization and/or business.

Superb Digital and its representatives make no representations or warranties, implied or otherwise, that the content and/or technology, amongst others, available from products and/or services supplied by Superb Digital, are free from errors and/or omissions or that the service will be 100% uninterrupted and/or error-free.

Last Updated: 23/11/2024