The following Terms & Conditions are a legal and binding document, applicable to all products and/or services undertaken by Estar Web Design, for and on behalf of any Client(s) who have duly accepted Estar Web Design’s quotation(s) for any such products and/or services, and therefore authorized Estar Web Design to render the aforementioned products and deliver said services.
General Terms & Conditions:
Project Specifications.
1.1. The Client must supply the Project Specifications to Estar in order for Estar to issue an accurate and binding quotation.
1.2. If the Client requires further assistance with the creation of a Project Specifications, Estar can assist the Client. This time may be billed to the Client at the discretion of Estar.
Quotation.
2.1. Quotations are valid for 14 (fourteen) calendar days from the documented date on the Quotation.
2.2. Quotations do not include domain name registration or hosting fees unless otherwise specified.
Acknowledgement.
3.1. Upon a Client accepting the Estar Web Designs Quotation, the Client acknowledges that they have read and accepted these Terms and Conditions.
3.2. Payment of the quoted deposit is considered acceptance of our Terms & Conditions
Agreement.
4.1. The Client acknowledges acceptance of the Quotation and these Terms and Conditions by paying 50% of the total quoted South African Rand (ZAR) value as a deposit to Estar Web Design stipulated bank account details as provided on the Invoices. Clients can be billed in other currencies if agreed by both parties.
4.2. Products and/or services as described in the Quotation will only commence, once the Client’s deposit has been confirmed as received by Estar Web Design.
4.3. Estar Web Design commits to work expeditiously to complete the quoted products and/or services within the Project Specifications and time-frames indicated as per the Quotation(s).
4.4. Estar Web Design cannot be held responsible for delays outside of their control, including but not limited to equipment failure, Third Party Hosting Services, internet connections, client availability or any third party content or artwork provider.
4.5. Estar Web Design endeavours to make websites that perform well in up to date, current major browsers (Google Chrome, Firefox, Safari, Microsoft Edge), but cannot guarantee backward compatibility (i.e. functionality on older or obscure devices and software).
4.6. Unless otherwise stated, website projects include the development of the website framework using the agreed design and functionality. One round of content implementation is included where all content is supplied by the Client. Additional content revisions or content population will be quoted separately.
Deposit.
5.1. Deposit(s) are non-refundable unless Estar Web Design, at their sole discretion decide otherwise. The decision by Estar Web Design is based on the factors surrounding the project in question and is non-negotiable.
Required Documentation.
6.1. Required documentation refers to any and all information necessary for the timeous commencement and delivery of products and/or services as described in these Terms and Conditions and indicated by the Project Specifications. This includes all material such as, text copy, product details, pictures, videos, company profiles, et cetera.
6.2. The Client is to provide all Required Documentation electronically to Estar Web Design in a electronic format for example text copy must be selectable and typed, to initiate work on aforementioned quoted products and/or services, unless they are to be created as part of the project.
6.3. The Client’s quoted and accepted products and/or services will only be queued and allocated accordingly, after compliance with Terms & Conditions 6.2. unless agreed otherwise in writing.
6.4. If the Client does not supply Estar Web Design with the Required Documentation within 20 (twenty) calendar days from Invoice date, the entire amount of the Agreement becomes due and payable, should the Client choose to continue the Agreement with Estar Web Design.
6.5. If the Client still has not submitted or provided all the Required Documentation within 45 (forty-five) calendar days from Invoice date, an additional continuation fee of 15% of the total Quotation(s) will be billed for each month until the quoted products and/or services are completed.
Copyrights.
7.1. The Client has to ensure they have the Copyright for all material supplied.
7.2. Estar Web Design, 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.
7.3. If and when Estar Web Design 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.
7.4. Estar Web Design does not take any responsibility for any and all content supplied from the Client without proper Copyright whatsoever.
Graphic Images.
8.1. 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.
8.2. 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 Estar Web Design team as required.
Photographs.
9.1. Photographs supplied by the Client must be of high digital quality and applicable format.
Printing.
10.1. Estar Web Design does not offer any printing products and/or services, therefore Estar Web Design take no responsibility for print or Printing errors.
10.2. Completed graphic design, logo, or any artwork by Estar Web Design will be e-mailed to the Client, and the Client will enter into an agreement directly with the printer of their choice.
10.3. To ensure colour and print quality, it is the Client’s responsibility to request a colour proof from their printers.
Website Hosting.
11.1. Hosting via Estar Web Design
11.1.1. Hosting via Estar Web Design 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 14 (fourteen) calendar days after Invoice date thereof. Overage pricing/rates are explained on the quotes.
11.1.2. We only offer Yearly Domain Hosting Fees. No Refunds are available for early cancellation
11.1.3. Hosting fees are payable from date of domain registration, transfer to Estar Web Design hosting and if applicable, from start of website development by Estar Web Design above the deposit fee.
11.1.4. Payments not received within 7 days of the invoice will lead to automatically suspension the Client’s Hosting service, thus risk deactivating the Client’s website. This is can be waved at the sole discretion of Estar Web Design, without giving up any rights as per the terms and conditions.
11.1.5. A reactivation, at the appropriate rate at that time, will be billed to the Client, based on time spent correcting the suspended account.
11.1.6. Hosting fees not received for 1 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.
11.1.7. Estar Web Design 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 these Terms and Conditions.
11.1.8. Hosting cancellations are only accepted in writing or e-mailed to info@estarwebdesign.co.za from the original account holders email address, on or before the 1st of the new month as it carries a calendar month notice period.
11.1.9. All outstanding payments must be paid up to date before the Client’s Hosting services will be terminated with Estar Web Design, thus enabling release to transfer to a Third Party Hosting Service Provider.
11.1.10. Estar uses the one of South Africa’s most reputable web host, Xneelo. Estar cannot be held liable for downtime or loss due to technical faults from the servers due to hacks, technical errors, electricity outages etc. The client hereby accepts all the terms stated on the Xneelo website available to read here.
11.1.11. Should there be any website downtime, due to reasons outlined in 11.1.10, Estar will do everything they can to resolve the situation.
11.1.12. Should the hosting be cancelled as outlined in 11.1.8, 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 Estar, this can be arranged. Time spent by Estar will be billed to the client.
11.2. Hosting via a Third Party Service Provider.
11.2.1. If the Client uses a Third Party Service Provider, the Client will enter into an agreement directly with that Third Party Service Provider.
11.2.2. Estar 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 Estar .
11.2.3. All technical aspects of websites must be referred to the Client’s Third Party Hosting Service Provider.
11.2.4. Estar 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 Estar.
11.2.5. If errors occur with the website due 3rd party hosting service provider limitations we will assist to transfer the site to our server. This time and hosting package you will require may be billed to the Client at the discretion of Estar.
11.3. Reaching Package Cap
11.3.1. Each package has a cap limit, for example the Basic package offers 5gb of space for your emails and website files for disc storage. Each package increments by 5gb, when you have reached your cap, we will automatically add you to the next package. You will be refunded the paid fees for any remaining months and start a new annual package witch you will be billed for.
11.3.2. Support to reduce files manually will be billed at an hourly rate.
Search Engine Optimization (SEO).
12.1. Basic SEO setup includes technical search engine configuration, XML sitemap submission, metadata configuration and integration with Google Search Console and Google Analytics where applicable. Estar Web Design cannot guarantee rankings or search positions.
13. E-Commerce
13.1. Estar Web Design will load up to 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.
13.2. Should the Client require Estar to load more than the aforementioned 10 loaded products, Estar will issue the Client a Quotation accordingly.
Balance of Payment.
14.1. The Client is required to e-mail the Proof of Payment to Estar Web Design.
14.2. All work remains the property of Estar Web Design until the full and final payment is received.
Completion Date.
15.1. Activation of the Client’s website is conditional to the Terms & Conditions 14 above.
15.2. The Completion Date of a project is affected by feedback and received content from the Client. Time-frames will be adjusted within reason, notwithstanding these Terms & Conditions.
Additional Work
16.1. 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 to these Terms and Conditions, quoted and agreed to.
16.2. All payment(s) and time-frame(s) as set out in these Terms and Condition shall apply.
16.3. Requests outside the agreed project scope will be quoted separately before work commences, and setting clear goals, objectives and specifications in the initial negotiations and Project Quote with Estar Web Design remain the responsibility of the Client.
16.4. Estar Web Design may suggest additional work for the Client’s project, including but not limited to graphic design, software etc. to enhance the Client’s website functionality and appearance, and reserves the right to do so free of charge or Estar Web Design will issue the Client a Quotation accordingly.
Service Agreement.
17.1. The Client may request that Estar Web Design access their website’s Content Management System to make requested changes. Upon doing so, the Client indemnifies Estar Web Design 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.
17.2. Estar Web Design commitss 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 Estar Web Design is able.
Invoices and Statements.
18.1. Estar Web Design is not a credit service provider and does not grant any credit facilities whatsoever.
18.2. Client Statements and accounts does not imply negotiable payment terms, and are issued in accordance with the nature of Estar Web Design being a month-to-month service provider.
18.3. All Invoices are billed to the Client’s account and e-mailed to the Client in accordance with these Terms and Conditions, and payments made by the Client are allocated to Invoices on the Statement upon Estar Web Design having confirmed receipt of said funds.
18.4. Invoices, corresponding payments received, and due balances will reflect on the Client’s Statement.
18.5. 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.
Consultations.
19.1. Telephonic, Skype or e-mail queries will be responded to free of charge for confirmed Clients according to Terms & Conditions 4.1.
19.2. Meetings and consultations will be charged at the discretion of Estar Web Design, in accordance to these Terms and Conditions, quoted and agreed to.
Legal Costs.
20.1. Failure to comply with these Terms and Conditions regarding payments and fees will result in legal action from Estar Web Design’s legal representative(s), and the full outstanding balance becomes payable.
20.2. All legal costs resulting of non-payment will be accrued to the Client’s outstanding balance.
Cancellations.
21.1. 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 14 (fourteen) calendar days of Invoice date.
21.2. Estar Web Design will only refund Client’s amounts paid, for products and/or services not delivered in accordance to the initial Agreement(s), or balance thereof in accordance to Terms & Conditions 21.1.
21.3. Hosting and Domain Fees are non-refundable, as these are paid in advance.
21.4. Estar Web Design reserves the right at its discretion to cancel this Agreement should the Client breach any of the Terms and Conditions stated herein.
Security.
22.1. Estar Web Design 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.
22.2. Estar Web Design’s 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.
General.
23.1. Estar Web Design reserves the right to make changes to these Terms and Conditions at any time without prior consent of any or all of their Clients, employees, independent contractors, affiliates, agents, agencies or any other third party agreements.
23.2. These Terms and Conditions are legally binding in accordance with the publishing date hereof, as incorporated on Estar Web Design’s own website.
Use of Licensed Software.
24.1. Estar Web Design will not be held liable for theme, plugin or any third party extensions subscription renewals, Estar will issue the Client a Quotation accordingly as this would be considered website maintenance.
Work delivery & response time
25.1. Estar will respond to any request within 48 hours in working week days depending on where your request is in our job Que. This does not apply to website emergency, we will investigate immediately if possible. We operate within normal business hours (GMT +2) for development work unless agreed upon before the project with regards to deadline.
Third-Party Plugins and Themes
26.1. Licensed Software
Some websites rely on premium third-party themes, plugins or software licences.
Unless otherwise stated, ongoing licence renewals are not included in the quoted price and remain the responsibility of the Client.
Where licences are supplied by Estar Web Design, renewal costs will be quoted separately.
27. Artificial Intelligence (AI)
27.1. AI-Generated Content
Where AI-assisted content, imagery or code is supplied by Estar Web Design, the Client remains responsible for reviewing and approving all material before publication.
Estar Web Design cannot guarantee factual accuracy, legal compliance or copyright suitability of AI-generated content without Client approval.
28 Website Rescue Projects
28.1. Where Estar Web Design is engaged to repair, modify or improve an existing website built by another developer, Estar Web Design cannot guarantee that all existing code, plugins, themes or third-party integrations are free from defects.
Additional work required to diagnose, repair or replace existing functionality may be quoted separately where issues fall outside the agreed project scope.