StayRad Terms & Conditions

StayRad Terms & Conditions of Service

You agree to be fully responsible for any claim, expense, liability, losses, costs including legal fees incurred by StayRad arising from any infringement of the Terms & Conditions set out in this agreement.

Application

These Terms & Conditions shall apply to the provision of "Website" services by "StayRad" to the "Client".

In the event of conflict between these Terms & Conditions and any other terms and conditions (of the Client or otherwise), the former shall prevail unless expressly otherwise agreed by StayRad in writing.

Definitions

In this Agreement, unless the context otherwise requires, the following expressions have the following meanings:

"Client" means any individual, firm or corporate body (which expression shall, where the context so admits, include its successors and assigns) which purchases "Website" from StayRad.

"Website" means the services to be provided by StayRad to the Clients as set out in the "Quotes" and / or "Website Specification Document".

"StayRad" The person or organisation / company providing the Website to the Client.

"Quotes" means a variable quote based on a conversational understanding of Website requirements. Quote is not necessarily the final Website Invoice amount and can be increased or decreased as the Website progresses.

"Website Specification Document" means any research undertaken and / or documentation produced by StayRad for the Client that includes a breakdown of Website design, functionality, proposed customisation and a list of the pages required, together with the final Website Invoice quote for the Website.

"Website Invoice" means the final amount due to StayRad for the Website created for the Client.

"Website Review & Reverts": On design completion of the Website, the Client will be notified and have the opportunity to review it. The Client should notify StayRad, in writing, of any unsatisfactory points. Any of the Website which has not been reported in writing to StayRad as unsatisfactory within the Review & Revert Period will be deemed to have been approved.

"Completion and Approval Date" is the end of the Review & Revert period OR the date of Activation of the Client's Website; whichever comes first.

The headings in these Conditions are for convenience only and shall not affect their interpretation.


• Quotes are free of charge and are provided without obligation.
• Quotes are valid for 30 days from the date on the Quotes, unless stated differently on the Quote.
• Quotes do not constitute the final Website Invoice
• Quotes do not include domain name registration or hosting fees unless otherwise specified.
• In order to receive a final Website Invoice quote, a Website Specification Document needs to be created.
• The Client must supply the Website Specification Document in order for StayRad to issue an accurate and binding quotation. If the Client declines to provide a Website Specification Document the Client automatically accepts any increase or decrease in the final Website Invoice.


• If it is deemed necessary for the Website Invoice quote, a Website Specification Document must be supplied by the client or StayRad can assist in the creation of the Website Specification Document.
• Website Specification Documents are invoiced at an hourly rate of R450.
• A Website Specification Document includes research and documentation produced by StayRad for the Client that includes a breakdown of Website layout, functionality, proposed customisation, design elements and a list of the pages required, together with the final Website Invoice quote for the Website build.
• Website Specification Document is valid for 30 days from the date of the submitted documentation, unless stated differently on the documentation.
• If the Client signs off the Website Specification Document and accepts the Website Invoice quote by paying the 50% deposit stated on the Website Invoice, the technical specification quote value will be deducted off the final Website Invoice.


• A 50% non-refundable deposit is required to be paid by the Client to StayRad.
• The remaining 50% or adjusted Website Invoice value where no Website Specification Document was created, is strictly COD on the Completion and Approval Date of the Website.
• Domain & Hosting fees will be billed directly to the client.
• Courier fees will be billed directly to the client.
• On-site work will incur an additional cost of R450/hour plus transport costs.
• All invoices are payable within 7 days of invoice date.


• A Website Commencement Date will be registered as the date of receipt of the 50% non-refundable deposit.
• A Website Scheduling Date will be provided upon receipt of the signed T&C, 50% non-refundable deposit and the Client Deliverables (below).


• Client Deliverables refers to any and all information necessary for the timeous commencement and delivery of the Website as described in these Terms and Conditions and indicated by the Website Specification Document.
• The Client will provide graphic design (logos, custom icons etc.)
• The Client will provide all content (min 300 words plus one high res image per page), unless otherwise agreed.
• The Client will provide all images (for galleries, sliders), unless otherwise agreed.
• The Client will provide all video or links to videos.
• Where the Client has registered and hosted the Client's domain, the Client will provide Control Panel and FTP Details and the Client will ensure the Client has the correct hosting.


• The Client confirms that it has the copyright for all material supplied or has written permission to use any materials supplied.
• Under no circumstances will StayRad be held responsible for any copyright disputes.
• If it becomes clear that material was provided without the required copyright, changes to a Website (to remove illegal content) will be at the Client's cost.
• StayRad does not take any responsibility for content supplied without proper copyright whatsoever.
• Open Source Development ownership and licensing subject to the GPL, BSD/APACHE, LGPL or alternatives where applicable.
• All ownership of the Website will be transferred to the Client upon full and final payment.
• All material and content created by the Client remains the sole property of the Client and is treated with the utmost confidentiality.


• Once a Website has commenced, a certain allowance is made for scope creep. Scope creep is defined as any functionality, design or other requirement or change not clearly defined in the Website Specification Document after initial sign-off and that will have an effect on the final delivery of the Website.
• If a significant amount of scope creep takes place and is deemed necessary by StayRad, a halt will be called to the Website and a re-costing will take place. The Website will continue once the new Website Invoice has been signed off and agreed upon by the Client.


• Should the Client for any reason delay the supply of Client Deliverables necessary for the Website Scheduling Date or the continuation of the Website build for a period of up to 30 days after the Website Commencement Date, additional hosting and maintenance charges (R500) will be billed each month until the Client Deliverables are supplied.
• Should the Client for any reason delay the supply of Client Deliverables necessary for the Website Scheduling Date or the continuation of the Website build for a period exceeding 90 days after the Website Commencement Date, the Website will be cancelled and the Website Invoice adjusted to reflect the 50% non-refundable deposit plus any additional work to date and the project will be considered complete.
• Any further work will be quoted for separately.
• If a Website is cancelled at any time, the 50% non-refundable deposit plus all work in progress will be calculated and invoiced.
• The Website remains the property of StayRad until final payment is received.
• StayRad reserves the right at its discretion to cancel this Agreement should the Client breach any of the Terms and Conditions stated herein.


• StayRad allocates a maximum of 8 hours for 1 Review & 2 Reverts for the Website. The process is as follows:
• On design completion of the Website, the Client will be notified and have the opportunity to Review the Website. The Client should notify StayRad, in writing, of any unsatisfactory points within 5 days of receipt of such notification.
• Hereafter the Client’s website will be reverted to “Maintenance Mode” status until these amendments and/or improvements, or other adjustments have been made.
• On design completion after Review of the Website, the Client will be notified and have the opportunity to Revert on the amendments the Website. The Client should notify StayRad, in writing, of any unsatisfactory points within 3 days of receipt of such notification.
• Hereafter the Client’s website will be reverted to “Maintenance Mode” status until these amendments and/or improvements, or other adjustments have been made.
• On design completion after the first Revert of the Website the Client will be notified and have the opportunity for a second and final Revert on the amendments the Website. The Client should notify StayRad, in writing, of any unsatisfactory points within 3 days of receipt of such notification.
• Any of the Website which has not been reported in writing to StayRad as unsatisfactory within the above Review and Revert periods will be Deemed Approved.
• Upon Approval, the Client’s website will be readied for Activation.


• StayRad warrants completing the work in accordance with its Terms & Conditions to the Website specifications previously agreed with the Client.
• StayRad will not charge more than the amount previously agreed unless the client has varied the Website specifications since the agreement or where no Website Specification Document was created by order of the Client.
• StayRad will not undertake changes to the specifications of the Website which would increase the cost, without prior written authorisation from the Client.
• Once Approved, or Deemed Approved, the Website cannot subsequently be rejected, and the contract will be deemed to have been completed and the balancing payment under clause "Website Invoice Payment" will become due.
• The date of Activation of the Client's Website will be registered as the Completion & Approval Date.
• The Contract will remain in effect until all obligations have been completed in terms of this Clause.


• Once Approved or Deemed Approved the Website is covered by a maintenance plan for up to 3 hours in the first 30 days from the Completion & Approval Date.
• StayRad will fix any bug or website issue within this warranty period.
• Once this warranty period has expired the responsibility and liability of all content or software updates, bug fixes, code changes, hosting, backups or any other changes to the Website whatsoever is transferred to the Client.


• StayRad will not be held liable for breach of contract where that breach was due to events such as but not limited to, late or non-supply of Client Deliverables, equipment failure, connectivity issues, supplier-side or hosting delays, WordPress, Theme or Plugin development changes, other software, hardware or electrical failure, natural events such as fire or other events beyond the control of StayRad.
• StayRad 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.


• Once StayRad warranty has expired, updating WordPress, Themes and Plugins are the sole responsibility of the Client.
• Fixing any issues that arise from either not updating WordPress, Themes or Plugins or issues that arise from future updates to WordPress, Themes or Plugins are the responsibility of the Client and will be remedied at the cost to the Client.
• StayRad will not be liable for any issues relating to any incompatibility of future WordPress, Theme or Plugin updates or code changes.
• Use of WordPress, Themes and Plugins are subject to the terms and conditions of WordPress, Themes and the Plugins used.


• Any additional work or ad hoc changes and updates will be quoted separately.
• Changes must be requested in writing (email).


• Website backups are the responsibility of the Client, unless otherwise agreed.
• Clients must ensure they have admin and FTP access to the Website.
• Some hosting companies offer daily backups.


Digital Signature

Upon a Client signing the StayRad Terms & Condition, the Client acknowledges that they have read and accepted these Terms and Conditions.