Website Development Terms and Conditions

These terms and conditions apply to all clients of Noiz unless otherwise agreed in writing. No other terms shall apply unless specifically agreed upon between Noiz and the client. In case of any ambiguity between these terms and any written agreements, the terms hereunder shall prevail. Please note that these terms and conditions may be updated periodically, and you will be notified of updates and where to download the latest version.

Table of Contents

  • Estimates
  • Invoicing & Payment Terms
  • Project Terms
  • Ongoing Maintenance and Support
  • Termination of Service
  • 3rd Party Services
  • Website Development and Design Terms and Conditions
  • SEO Terms and Conditions
  • Email Marketing Terms and Conditions
  • Content Marketing Terms and Conditions
  • Hosting Terms and Conditions
  • General Service Disclaimers
  • Copyright
  • Breach
  • What Can Be Expected of Us
  • What We Expect of Our Clients
  • Improving Our Services

1. Estimates

1.1 Noiz may provide clients with initial estimates (quotations) upon request. The final project value may differ if additional requests are made beyond the initial scope.
1.2 Quotations will be provided in writing by email and will include a hyperlink to these terms and conditions. By accepting a quotation, the client agrees to these terms unless explicitly agreed otherwise in writing.

2. Invoicing & Payment Terms

2.1 Standard payment terms are 7 days from the date of the invoice.
2.2 New projects require a 50% upfront payment to commence, 50% upon project completion, and a final payment before the project goes live.
2.3 Monthly or retainer invoices are due by the 7th business day of the month. Late payments will incur interest and a suspension of services.
2.4 Noiz retains ownership of the website until full payment is received for website development as per the original quotation.
2.5 Noiz may adjust pricing annually in line with South Africa’s official Consumer Price Index (CPI).

3. Project Terms

3.1 Noiz is not liable for delays unless explicitly agreed in writing.
3.2 Delays will be communicated promptly in writing via email.
3.3 All required content must be provided within 2 weeks of the deposit payment.
3.4 Graphic design content must be provided within 1 week of deposit payment.
3.5 If content delays occur, Noiz may renegotiate project costs and timelines and request any outstanding payments before resuming work.

4. Ongoing Maintenance and Support

4.1 Fixes must be identified within 14 days of a site’s go-live. After this period, if not under a maintenance agreement, additional charges will apply.
4.2 Maintenance does not include regular updates unless specified.
4.3 Maintenance excludes the responsibility for plugin/theme issues and hosting problems, which fall under the responsibility of third parties.
4.4 External meeting consultations with Noiz account managers are limited to one meeting per month (1-hour max) unless arranged in advance. Additional consultations are charged at the standard rate.

5. Termination of Service

5.1 Cancellation requires a written notice 1 calendar month in advance.
5.2 In case of cancellation before the notice period ends, Noiz may remove company-owned resources, pursue legal action, or revoke access to websites, accounts, or services.

6. 3rd Party Services

6.1 Noiz may offer third-party services to enhance website performance, but is not liable for any disruptions or cancellations by these third parties.

7. Website Development and Design Terms and Conditions

7.1 All website content must be provided by the client within the specified time. Delays may lead to renegotiated costs and timelines.
7.2 Clients are responsible for updates to plugins/themes unless a maintenance plan is in place.
7.3 Additional pages, revisions, or content beyond the original scope will incur extra charges.
7.4 Flat-rate shipping will be implemented for e-commerce sites, with the client responsible for negotiating rates.
7.5 Default payment methods for e-commerce sites are PayFast and EFT; clients are responsible for their accounts and credentials.
7.6 All provided content must be copyright-compliant and owned by the client.
7.7 Landing pages are platform-specific and require the same platform for reactivation.
7.8 Noiz will not be liable for security breaches or outdated websites unless under a paid maintenance agreement.

8. SEO Terms and Conditions

8.1 Noiz is not responsible for search engine rankings or fluctuations due to algorithm changes.

9. Email Marketing Terms and Conditions

9.1 Noiz will set up email services, charging a fixed fee.
9.2 Monthly subscription charges are the client’s responsibility.
9.3 Noiz is not liable for any issues arising from third-party email lists provided by the client.

10. Content Marketing Terms and Conditions

10.1 Content will be tailored to the client’s target audience, with guidelines provided by the client.
10.2 Noiz is not responsible for social media interactions or comments.
10.3 The client is responsible for providing content for newsletters unless otherwise agreed.
10.4 All client-provided content must be free from copyright infringement.

11. Hosting Terms and Conditions

11.1 Noiz will invoice for hosting and domain renewals annually for clients hosted by Noiz.
11.2 Noiz will address hosting disruptions but is not liable for downtime.
11.3 Backup services are available only for clients on monthly maintenance plans.
11.4 Transfer of a website to another host will incur additional fees.

12. General Service Disclaimers

12.1 Noiz is not responsible for third-party resource policies or changes affecting client services.
12.2 Noiz does not guarantee top rankings or specific performance results.
12.3 Search engine and directory submissions may take indefinite timeframes for acceptance.

13. Copyright

13.1 Website code, scripts, and database components remain the intellectual property of Noiz until full payment is made.
13.2 All client-provided content, including logos and written material, remains the client’s property.

14. Breach

14.1 Non-payment may lead to suspension of services until full payment is received.
14.2 Late hosting payments will result in suspension of hosting.
14.3 Insolvency or delays by the client may lead to immediate contract termination.

15. What Can Be Expected of Us

15.1 Noiz commits to friendly, clear, and timely communication.
15.2 We aim to provide services that meet clients’ expectations and respect deadlines.

16. What We Expect of Our Clients

16.1 Clients must provide necessary information on time and settle invoices within the agreed terms.

17. Improving Our Services

17.1 We welcome feedback to continually enhance the service we provide and encourage open communication if expectations are not met.