Terms & Conditions

1. Definitions

The following terms and conditions document is a legal agreement between Posmay Media (represented by Sean Twomey) hereafter “Developer” or “Producer” and the “Client”. These “Terms and Conditions” set forth the provisions under which the Client may use the digital media products & services supplied by Posmay Media, including the Posmay Media website – http://www.posmaymedia.com.

2. Quote Approval & Payment Terms

50% of the project development fee needs to be paid on approval of the quote. The balance becomes due on completion of the project.
Quotes are valid for 21 days from quotation date and are exempt from VAT.
Monthly hosting, backup & support fees are payable at the start of each month and commence on the date of project completion. Pay-as-you-go support costs need to be settled at the end of each month.

Invoices are payable within 7 days of invoice date.
Payment is only accepted via bank guaranteed cheque, Paypal, electronic funds transfer or cash.
Please note that we will charge interest at standard prime overdraft rates on overdue payments.

3. Project Development

Project development can only start once the client has officially accepted the quote by paying 50% of the project development fee (as per written quote).
After formally accepting the quote, the Client has up to 7 working days to provide the Developer with all relevant information, instructions and media (including photographs, images, designs, logos, sound files, video files, links, text, page content, etc. all in relevant formats) so that the Developer can start the project. Should the Developer not receive all of the content within this period, the Developer will assume that the Client has sent everything and will start the prototyping process.
The prototyping process (up to 14 working days) will give rise to graphical image(s) representing the websites design & functionality. At this stage the Developer will meet the Client to review the progress and the Client will have the opportunity (during the meeting) to give the Developer feedback.
The Developer will then complete the project based on the Clients feedback (up to 21 days).
After reaching the final stage of development the Developer will give the Client written notice including a deadline date (which is 7 days after notice has been sent).  The Client then has up until the deadline date to request (3 hours worth of) changes in writing before the project is finalised and closed. If the Client does not respond, then the Developer will assume that the Client requests no changes and will close the project. Additional work requested thereafter will

Any variations or changes not agreed on before the start of the project and not included in the approved quote will incur additional charges.
Any unexpected additions or changes during the review meeting will also incur additional charges.
Any changes or additions after the closure of the project will be treated as updates and/or re-designs and will be quoted on separately.
Additional coding or graphic design work is charged at R350.00 per hour or part thereof – other work may be charged at a higher rates, depending on the client’s requirements.

4. Material

Posmay Media reserves the right to refuse to handle:
a)    Any media, which is unlawful or inappropriate;
b)    Any media, which contains a virus or hostile program;
c)    Any media, which constitutes harassment, racism, violence, obscenity, harmful intent or spamming
d)    Any media which constitutes a criminal offence, infringes privacy or copyright

5. Permission & Copyright

All pages, images, text and code on the Developer’s web site at http://www.posmaymedia.com is copyrighted material.
Client and any visitors to the Developer’s web site at http://www.posmaymedia.com may not use any of the pages, images, text or code on the web site for use on Client’s or visitors own web site or to create a web site without prior written permission from Developer.
Copyright of the completed web designs, images, pages, code and source files created by Developer for the project shall be with the Client upon final payment only by prior written agreement. Without agreement, ownership of designs and all code is with the Developer.
These terms of use grant a non-exclusive limited license so that the Client can use the design on one web site on one domain name only. The Client is not permitted to use a design for more than one website without prior written agreement between the Client and the Developer.
Client agrees that resale or distribution of the completed files is forbidden unless prior written agreement is made between the Client and the Developer.
Client hereby agrees that all media and content made available to Developer for use in the project are either owned by the Client or used with full permission of the original authors. The Client agrees to hold harmless, protect and defend Developer from any claim or suit that may arise as a result of using the supplied media and content.
Client agrees that Developer may include development credits and links within any code Developer designs, builds or amends. If Developer designs a web site for a Client then Client agrees that Developer may include a development credit and link displayed on the footer of the Clients web site. The Developer credit and link can be removed for an additional charge. If Developer builds or amends a web site for a Client then Client agrees that Developer may include a development credit and link displayed on the Clients web page, which may be within the code but not displayed on a web browser if requested by Client.
Client agrees that Developer reserves the right to include any work done for the Client in a portfolio of work.

6. Domain Registration & Hosting

6.1. Posmay Media Domain Registration & Hosting Services
The Developer can at it’s own discretion, but is not obliged to, offer to facilitate domain name registration and hosting services via a reputable, reliable and trusted third party service. The before mentioned third party will be chosen by the Developer.
If domain registration and hosting services are provided or facilitated by the Developer, then the Client is liable to pay the Developer for any fees related to these services.

The Client agrees that registration of a domain name does not provide endorsement (by the Developer) of the right to use the name. The Client is responsible for ensuring they have due title to the domain name. The Developer holds no liability and the Client hereby agrees to indemnify and hold harmless the Developer from any claim resulting from the Client’s registration of a domain name.
The domain name is registered in the Client’s own name, address and contact details. The Client should be aware that a domain name is registered with a third party and as such the Client shall agree to fully abide by the terms and conditions set out by the third party for such services.
6.2. Client’s Preferred Domain Registration & Hosting Services
If the Client chooses to host their project or register their domain with their preferred 3rd party host, then any support relating to the domain, hosting and/or email accounts is to be arranged between the Client and the third party service. The Developer holds no responsibility and provides no guarantees for the 3rd party’s service delivery or the lack thereof.
Any additional 3rd party domain name and hosting services or costs not provided or facilitated by the Developer are to be paid by the Client to the third party.
The Client agrees to take all legal responsibility for use of third party domain name and hosting services and supplies truthful details to the third party services.

7. Communication

E-mail correspondence will be considered as formal acceptance of any development.
These Terms and Conditions may be updated from time to time.

If you have any questions regarding our the above terms & conditions, please feel free to contact us.


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