The following terms and conditions apply to all services, including website development and design services, (the Services) provided by WEBDUKAAN to the Client, in conjunction with any relevant quotation provided to the Client by WEBDUKAAN (Terms), unless otherwise agreed in writing. Acceptance of a quote, purchase, and/or use of the Services shall be considered acceptance of the Terms.

1. Charges

Charges for the Services are defined in the project quotation that the Client receives from WEBDUKAAN via email. Quotations are valid for a period of 30 days. Wombat Creative reserves the right to alter a quotation or decline to provide the relevant Services after the expiry of the 30 days.

Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of thirty-three (33) percent of the project quotation total before the work commences. A second payment of thirty-three (33) percent is required after the client review and design sign-off stage, with the remaining percentage of the project quotation total due upon completion of the work, prior to upload to the server or release of materials.

The Client agrees to reimburse WEBDUKAAN for any additional expenses necessary for the completion of the work. Expenses may include (but are not limited to) the purchase of domain names, special fonts, and stock photography.

All Charges are exclusive of VAT.

2. Invoicing and payment

WEBDUKAAN shall submit invoices in line with the timescales above. Invoices are normally sent via email, but hard copy invoices are available on request. Payment is due on receipt of the invoice by the Client.

Payment for services is due by Online Transaction or bank transfer. Bank details will be made available on invoices.

If the Client fails to make any payment due to WEBDUKAAN by the due date for payment, then, without limiting WEBDUKAAN’s remedies under or in connection with these terms and conditions.

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client by default maintains any information or files on WEBDUKAAN’s web space, WEBDUKAAN will, at its discretion, remove all such material from its web space. WEBDUKAAN is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Clients with accounts in default agree to pay WEBDUKAAN reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by WEBDUKAAN in enforcing these Terms.

3. Change Control Process

As part of our project management process, we include a change control process. This will come into effect if your needs change or you find you need additional features after a website scope document has been signed off or we have moved on to the design phase of your project.

We ask you to fill in a simple form and we assess whether the change is possible at the stage it has been requested, if it can be included as part of the website costs, or whether it will incur an extra cost. This helps to keep the project on track and within budget.

4. Client Review

WEBDUKAAN will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies WEBDUKAAN otherwise within ten (10) days of the date the materials are made available to the Client.

5. Turnaround Time and Content Control

WEBDUKAAN will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at the date agreed with the Client upon WEBDUKAAN receiving initial payment, unless a delay is specifically requested by the Client and agreed by WEBDUKAAN.

In return, the Client agrees to provide WEBDUKAAN promptly with all necessary co-operation, information, materials, and data, access to staff, and timely decision-making which may be reasonably required by WEBDUKAAN for the performance of the Services. This shall include the Client delegating a single individual as a primary contact to aid WEBDUKAAN with progressing the commission in a satisfactory and expedient manner.

During the project, WEBDUKAAN will require the Client to provide website content; text, images, movies, and sound files, along with any relevant background information.

6. Failure to provide required website content

WEBDUKAAN is a small business, and to remain efficient we must ensure that the work we have programmed is carried out at the scheduled time. On occasions, we may have to reject offers for other work and inquiries to ensure that your work is completed at the time arranged.

This is why we ask that the Client provides all the required information in advance. On any occasion where progress cannot be made with the Client’s website because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25% of the Charges. If the Services involve Search Engine Optimisation we need the text content for the Client’s site in advance so that the SEO can be planned and completed efficiently.

If the Client agrees to provide us with the required information and subsequently fails to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, do not give us the go-ahead to start until you are ready to do so.

NOTE: Text content must be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages must have the same titles as the agreed website pages. Contact us if you need clarification on this.

Using our content management system the Client is able to keep your content up to date itself.

7. Web Browsers

WEBDUKAAN makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Google Chrome, Microsoft Edge, etc.). The Client agrees that WEBDUKAAN cannot guarantee correct functionality with all browser software across different operating systems.

WEBDUKAAN cannot accept responsibility for web pages that do not display acceptably in new versions of browsers released after the website has been designed and handed over to the Client. As such, WEBDUKAAN reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

8. Termination

Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. Email or telephone requests for termination of services will not be honored until and unless confirmed in writing. The Client will be invoiced for work completed (including any expenses incurred, as outlined in clause 1) to the date of first notice of cancellation for payment in full within thirty (30) days.