The boring Stuff

Terms and Condtions

Table of Contents

Website Build Terms & Conditions

1. Scope of Work

1.1 Wild Heart agrees to design and develop a website according to the specifications provided by the client in the accepted quote.

2. Payment Terms

2.1 The total website build cost is divided into three equal payments.

2.2 The first payment is due upon acceptance of the quote to initiate the build.

2.3 The second payment is due on or before the first of the subsequent month.

2.4 The final payment is due on or before the first of the third month.

2.5 If no work has been done by the second or third month due to client delays, the payment for that month remains due.

3. Content Provision

3. 1 Clients are responsible for providing all necessary content, including text, images, and other media, in a timely manner.

3.2 Delays in content provision by the client may result in project delays.

4. Revisions

4.1 Clients are entitled to a set number of revisions as specified in the quote. Additional revisions may incur extra charges.

5. Completion & Delivery

5.1 The website will be considered complete upon final approval by the client.

5.2 Once the website is launched, any changes or modifications will be considered as updates or maintenance and may be subject to additional fees.

6. Maintenance & Hosting

6.1 Hosting is included in our maintenance packages.

6.2 Clients who exceed their hosting package space will be notified of the higher hosting price, resulting in an increased fee.

6.3 A minimum of 12 months is required for our maintenance package. After this period, clients can choose to continue or cancel the service.

7. Ownership & Copyright

7.1 Upon full payment, the client will have full ownership of the website. However, Wild Heart retains the right to use the website for promotional and portfolio purposes.

7.2 Clients are responsible for ensuring that all content provided is original or has the necessary permissions for use.

8. Termination

8.1 Either party may terminate the agreement with written notice. In the event of termination, payments made are non-refundable, and any work completed but not yet paid for will be invoiced.

9. Liability

9.1 Wild Heart is not liable for any indirect, incidental, or consequential damages or loss of profits, revenue, data, or use by the client or any third party, whether in an action in contract or tort or based on a warranty.

10. Governing Law

10.1 These terms and conditions shall be governed by and construed in accordance with the laws of [Your Country/State].

Hosting & Website Maintenance Packages

1. Scope of Maintenance Services

1.1. Wild Heart offers website maintenance packages that include services such as updates, bug fixes, hosting, and other related tasks to ensure the smooth operation of the client’s website.

1.2. The specific services included in each package will be detailed in the individual package description provided to the client upon selection.

2. Hosting

2.1. All website maintenance packages include hosting services. The hosting services will ensure that the client’s website remains accessible online and operates without interruptions.

2.2. Any downtime or issues related to hosting will be addressed promptly by Wild Heart, with the aim to restore full website functionality as soon as possible.

2.3. Each maintenance package comes with a specified hosting space. If a client’s usage exceeds this space, they will be notified of the need to upgrade to a higher hosting package. The client will be informed of the increased price associated with the upgraded hosting package. Continued use of the services after this notification will be considered acceptance of the new hosting package and its associated costs.

2.4. Clients subscribed exclusively to our hosting package will not receive monthly updates, including theme upgrades, hack repairs, or any website modifications.

3. Monthly Update Time

3.1. Clients are allocated a specific amount of time each month for updates, as per their chosen maintenance package.

3.2. Any unused monthly update time does not carry over to the subsequent month. Clients are encouraged to utilize their allocated time to ensure their website remains current and functional.

3.3. If a client does not use their allocated update time within a month, they forfeit that time, and it will not be credited or refunded.

4. Client Responsibilities

4.1. Clients are responsible for providing all necessary content, information, and approvals in a timely manner to facilitate the maintenance services.

4.2. Delays in providing necessary content or approvals may result in delays in updates or other maintenance tasks.

5. Payment Terms

5.1. Payment for the maintenance packages is due as per the agreed-upon schedule between Wild Heart and the client.

5.2. Late payments may result in suspension or termination of maintenance services.

5.3 Monthly payments must be processed through our Netcash Debit Order system. Wild Heart only accepts EFTs for annual payments.

6. Termination and Transferring domains

6.1. Either party may terminate the maintenance agreement with a written notice of 30 days. Any payments due up to the date of termination will still be owed.

6.2 Cancellation and Domain Transfer Clause: Clients wishing to terminate their hosting service must provide one calendar month’s notice. During this notice period, it is the client’s responsibility to arrange for the transfer of their domain. Failure to transfer the domain within the specified timeframe will result in the loss of the domain and all associated data. Alternatively, clients may incur continued hosting charges until such a transfer is completed.

Start Up Package Terms and Conditions

Introduction

These terms and conditions (“Agreement”) govern the provision of website development, hosting, and maintenance services (“Services”) by Wild Heart Company (“Provider”) to the client (“Client”). By engaging the Provider for Services, the Client agrees to be bound by this Agreement.

2. Services

The Provider offers month-to-month website development packages as detailed on Wild Heart Company’s Start-up Packages page. Upon completion of 12 months, the Client will be transitioned to a hosting/maintenance package of their choice, available for review at Wild Heart Company’s Website Maintenance & SEO page.

3. Term and Termination

a. This Agreement is effective from the date of signing and shall continue on a month-to-month basis for a minimum term of 12 months (“Minimum Term”).

b. After the Minimum Term, the Agreement will automatically convert to a month-to-month hosting/maintenance service unless terminated by either party with 30 days’ written notice.

c. If the Client chooses to cancel the contract before the end of the Minimum Term, the outstanding amount for the remainder of the term will become immediately due and payable.

4. Payment

a. The Client agrees to pay the monthly fee as specified in the selected package, without deduction or setoff.

b. Payments are due on the first business day of each month, payable via debit order or as otherwise agreed.

5. Hosting and Maintenance Services

After the Minimum Term, the Client will be downgraded to a hosting/maintenance package of their choice, subject to the terms and pricing outlined on the Provider’s website.

6. Early Termination Fee

In the event of early termination by the Client before the completion of the Minimum Term, the Client shall be liable for an early termination fee equivalent to the total of the remaining monthly fees for the Minimum Term.

7. Limitation of Liability

The Provider shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from the Client’s access to or use of or inability to access or use the Services.

8. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa.

9. Amendment

This Agreement may only be amended or modified by a written document duly signed by both parties.

10. Entire Agreement

This Agreement constitutes the entire agreement between the parties in relation to its subject matter and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between them, whether written or oral.

11. Acceptance

By signing this Agreement, the Client acknowledges that they have read, understood, and agree to be bound by its terms and conditions.

Thank You for Your Submission!

We are currently reviewing your application and will be in touch shortly. Stay tuned, and thank you for considering us for your project needs.