Terms & Conditions

1 Website Quotations

Quotations submitted by Web Surge will be valid for a period of 14 days from the quotation date, however If this 14 day period passes without the clients approval then the quote will expire. Thereafter, Web Surge may change the quote according to current rates.
Quotations are submitted on the condition that all content, text, images and relevant information will be supplied by the client to Web Surge in advance to avoid delays, unless otherwise stated and agreed upon. Amendments and any form of additions can be made to the quotation within 14 days of the original quote date, however each new ammendment will be quoted for accodingly and will have the effect of completely changing it's previous quote and price.
Web Surge reserves the right to amend any quote should the project specifications change, or if it becomes clear that the project specifications were not communicated clearly by the client to Web Surge at the beginning of the project.
If a client is unable to provide content, text, images or any information for the project to commence, Web Surge reserves the right to quote and bill the client for research and planning needed to complete the project as required by the client. Research and planning will be billed according to our standard hourly rate.
To accept a quotation from Web Surge, the quote must be simply signed with a date from the client and returned to Web Surge via email. No project will commence unless it's accepted by the client and quote the accepted quote is then received by Web Surge within the 14 day period as specified above.
Quotations and proposals submitted by Web Surge should not be disclosed with any third party website designers or developers unless aggreed upon by Web Surge.
Should a client fail to pay Web Surge within 1 (one) Month for website design services, Web Surge reserves the right to suspend the website (or any services) and reissue a new invoice with 20% or 5% compounded on a daily basis added onto the new invoice respectively. The new invoiced amount will be deemed payable immediately, and is for interest rates and the time it takes Web Surge to suspend the concerned website. Please see our ad hoc rate.

2. Deposit

A 50% non-refundable deposit is required to commence work. This deposit is non-refundable and becomes due immediately once the quote is accepted and once an invoice has been sent to the client. The next 50% deposit is a progress payment and is required upon completion of work.
No project will commence until the 50% deposit has been made and confirmed.

3. Project Terms

Once a quote has been accepted, a 50% non-refundable deposit is required immediately before development commences. The remaining balance will be due before the website can go live, or upon presentation of the final invoice.
If any development outside the scope of the original project specifications is requested, Web Surge reserves the right to amend the total quoted amount. Additional work will be billed at our standard hourly rate or as agreed upon prior to commencement of the additional work.
No design or development work will begin until Web Surge has received all required content and project specification documents from the client.
Should the project not be completed within 12 months of the deposit payment, and the delay is due to the client's failure to provide required content, project specifications, or timely approvals, the project will be deemed abandoned. In such a case: The original 50% deposit will remain non-refundable and forfeited. Web Surge will cease all work on the project and in the event of this happening Web Surge reserves the right to invoice for the outstanding amount and the invoiced amount will become payable immediately which may include charges for any software or work already conducted.

4. Project Phases

Each project phase includes 2 changes of the website on completion of development, thereafter changes will be billed accordingly to the scope of work formal written approval, or sign off, by the client. Web Surge will not proceed with a project phase unless such written approval has been received by the client for the preceeding phase. Web Surge reserves the right to place a project on hold until such approval is given, and accepts no responsibility should the project be delayed of this result.
Alterations, and additions may be requested at any time, during any phase of the development of a project. Web Surge will determine whether or not such alterations and additions fall within the scope of the original project brief and specifications. If they do not, Web Surge reserves the right to quote and bill for such alterations and additions, over and above the original quoted amount, according to our standard hourly rate. In the event of this happening, Web Surge will need to receive approval from the client, before any development commences.
It remains the responsibility of the client to provide a project brief or specifications document which is clear, detailed, accurate and which outlines the projects design and development requirements. Web Surge accepts no responsibility for any misunderstandings arising from a poorly drafted specifications document. Further, Web Surge reserves the right to charge additionally for any extra design and development time incurred from delays as a result of a poorly constructed project brief.

5. Web Hosting & Renewals

All web hosting services are billed annually in advance and are valid for a period of 12 months from the date of activation or renewal. This annual fee excludes domain renewal, which is also billed yearly and is renewed alongside the hosting service in the following business year. By subscribing to our hosting services, you acknowledge and agree to these terms. Failure to make payment by the due date may result in suspension or termination of both hosting and domain services. Non-payment may also lead to domain expiry, after which the domain may become publicly available and can be registered by a third party. We do not accept responsibility for the loss of domains due to non-payment.
In the event that a client's website may experience technical difficulty, or downtime, and the source of such difficulty is found with the client's hosting, Web Surge accepts no responsibility and shall not be held liable for any financial loss suffered by the client as a result.
In the event that a client fails to pay Web Surge for hosting services, Web Surge reserves the right to suspend all services relating to that hosting account and Web Surge cannot be held liable or responsible for any financial loss suffered by the client not being able to pay Web Surge as a result. Should client fail to pay the invoice for a period of 6 Months, Web Surge reserves the right to terminate the account without notice to the client.

6. Disclaimer for liability

The client shall have no claim against Web Surge and the client hereby indemnifies and holds Web Surge free from liability in respect of any loss, damage or cost caused by or arising from.

Any downtime, outage, interruption in or unavailability of any of the services or the Web Surge network infrastructure as a result of or attributable to any of the following causes:
Software or hardware service, repairs, maintenance, upgrades, modification, alterations, replacement or relocation of premises;
Suspending or terminating of website, or taking it offline or deleting it due to non-payment by client for services Web Surge has taken out on a website to be designed, developed, upgraded or updated.
the non-performance or unavailability, of whatever nature and howsoever arising, of external communications networks to which the client's server or the Web Surge network is connected;
the service, repairs, maintenance, upgrades, modification, alterations or replacement of any hardware forming part of the client's services or any faults or defects of whatever nature in such hardware;
any infringement of the client's rights of privacy and/or any other like rights (including those of any other person or entity), arising from the services provided in terms of this agreement;
any breach of security by any third party or any breach of confidentiality by a third party or otherwise arising from any access howsoever obtained by a third party to the client's information, data or content;
the damage, contamination or corruption of any kind of the client's data, material, information and/or content howsoever occasioned;
any service, repairs, failing to pay for website & hosting services, maintenance, upgrades, modification, alterations, replacement or work of any nature done on the client's hardware, software or systems by any party other Web Surge;
without limiting the foregoing, any fact, cause or circumstances whatsoever and howsoever arising if Web Surge has substantially performed its obligations under this agreement.
Notwithstanding anything to the contrary contained in this agreement or in any addendum or annexure to this agreement, the client shall have no claim against Web Surge and the client hereby indemnifies and holds Web Surge free from liability in respect of any loss, damage or cost which is indirect, consequential or incidental in nature.
Web Surge reserves the right to take whatever action it deems necessary at any time to preserve the security and reliable operation of the Web Surge network and the client undertakes that it will not do or permit anything to be done which will compromise the security of the Web Surge network.

Web Surge will not be liable for any loss or damage of whatever nature incurred or suffered by the client from any cause whatsoever as a result of Web Surge's failure to provide, or delay in providing, or providing only partial, disaster recovery. The client is accordingly advised to make back-ups of its data. Nothing contained in this paragraph should be construed as a representation that any back-ups of data implemented by client will be successful or in any way will avoid disaster. Web Surge reserves the right to update these terms and conditions at any given time and without notice to clients. It is the sole responsibility of the client to check these terms and conditions from time to time for any new updates. These terms and conditions will become effective as soon as it is published on Web Surge's website.

7. Web Surge Maintenance

Web Surge may temporarily suspend these terms of this agreement set forth in order to upgrade, modify or improve any of our (Web Surge's) services. Please be sure to regularly check these terms for any changes.

8. Design Phase

Development of the website will not begin until a design has been formally signed off by the client, or if written approval of a design concept has been given.
Web Surge reserves the right to charge for any design changes required after sign off/going live, according to our standard hourly rate.

9. Final Launch

Final launch of the complete project will occur;

Within normal office hours, being 8am - 5pm, Mondays to Fridays.
Once the 50% completion payment has been made.
All web design and development property belongs to Web Surge until such time that the remainder of the 50% completion payment of the web designing and development has been received by Web Surge.

10. Technical Issues

Technical issues are considered bugs that prevent the developed product from functioning according to the website specifications givenn after launch of the website. Bugs appearing within one Month of completion of website will be attended to at no additional cost. Thereafter, Web Surge reserves the right to charge additionally for any bug fixes that may occur.

11. Designed by Web Surge Link

Web Surge reserves the right to add a link to the Web Surge website www.websurge.net within the footer of the designed / developed website, unless otherwise agreed upon with the client.

12. Advertising

Upon submitting an invoice for any advertising through Web Surge's networks. The due amount is available immediately. If the client fails to pay for any advertising services, Web Surge reserves the right to suspend the business listing immediately without notice.

13. Meetings

Should a client be wanting to schedule a meeting for any service offered by Web Surge before, during or after project commencement then a consultation fee of R320-00 will apply in or out of office for all new and existing clients. Web Surge reserves the right to suspend a website in question if invoiced amount is not settled.