Legal Information

Terms & Conditions

Phoenix Imprint Marketing, is a Sole Proprietor web design and hosting service provider that gives a range of web hosting Services to its Clients as well as web design and development services. 

Terms and Conditions of Service

The terms and conditions stated in this document apply to all Phoenix Imprint Marketing Clients unless agreed in writing to the contrary. No other contract terms and conditions shall apply unless specifically agreed in writing between Phoenix Imprint Marketing and the Client. In the event of any ambiguity between these terms and conditions and any terms agreed in writing between Phoenix Imprint Marketing and the Client then the terms and conditions hereunder will apply.

Please note that these Terms and Conditions are Subject to updates. as and when these occur you will be notified where you can download an updated version.

  • ESTIMATES
    1. Phoenix Imprint Marketing may provide Clients with initial estimates, otherwise referred to as quotations, for projects on request. The final project value may 
    2. Phoenix Imprint Marketing will provide quotations in writing by email to Clients, which will include a hyperlink to these Terms and Conditions. Acceptance by a Client of a Phoenix Imprint Marketing estimate is subject to acceptance of the terms and conditions unless specifically agreed in writing between the Client and Phoenix Imprint Marketing to the contrary.

  • INVOICING & PAYMENT TERMS 
    1. Phoenix Imprint Marketing standard payment terms are 7 days from the date of invoice.
    2. New projects require a 50% upfront payment for the commencement of a project, 40% once the development is complete and a final payment before the project is made live.
    3. Monthly or retainer invoices will be invoiced by the 21st of the month and needs to be paid within seven business days thereafter. Late payment will result in interest being charged to the account and a suspension of retainer services.
    4. In the event that website development cost has been broken up into a payment plan, Phoenix Imprint Marketing will remain the owners of the website until the design and development work has been paid in full as per the initial quotation.

  • PROJECT TERMS
      1. Unless expressly agreed in writing to the contrary Phoenix Imprint Marketing will not accept  liability to the Client for unforeseen delays in completing a project.
      2. In the event that there is a delay in the completion of a project, Phoenix Imprint Marketing will communicate such delays to the Client in writing via email.
      3. All website or online marketing tactic setup content needs to be provided by the client within 2 weeks of a deposit being paid to commence a project.
      4. All Graphic design content needs to be provided within 1 week of a deposit being paid to commence a project.
      5. The client is required to provide Phoenix Imprint Marketing with all the content required for a project within the period detailed above. Should the client delay issuing Phoenix Imprint Marketing with the content required for the project, Phoenix Imprint Marketing reserves the right to renegotiate the cost of the project as well as the expected completion date. In such instances, Phoenix Imprint Marketing will request any outstanding payments to be settled before the continuation of the project.
  • ONGOING MAINTENANCE AND SUPPORT
    1. Fixes for newly built websites need to be identified within a 14 day period from going live. If fixes are identified after this period and the client is not on a Maintenance agreement then a quotation will be issued to commence such fixes.
    2. Phoenix Imprint Marketing cannot future proof its services or products. Once a client has signed off on a project the responsibility to maintain and update plugins and Themes used on the website becomes the client’s responsibility unless a maintenance agreement has been signed with Phoenix Imprint Marketing which covers such incidents.
    3. Maintenance does not mean “eyes on the website” all the time and issues on the website still need to be reported to Phoenix Imprint Marketing’s account manager.
    4. Development faults with plugins or themes used on a website built by Phoenix Imprint Marketing are not covered by a maintenance agreement and will be quoted for separately as in most cases the original software developer will need to be involved.
    5. Similarly, hosting and website faults remain the responsibility of the hosting provider and do not fall under any maintenance agreement.

  •  TERMINATION OF SERVICE
      1. Cancellation of any products or services may be made at any time by providing Phoenix Imprint Marketing with a cancellation request 1 calendar month in advance, in writing.
      2. Any websites that have been put on a monthly payment agreement, has to first be paid in full, before the service can be terminated. 
      3. In the event of cancellation of the agreement prior to the completion of the cancellation period, Phoenix Imprint Marketing reserves the right to pursue any of the following
  •  3RD PARTY SERVICES
      1. Phoenix Imprint Marketing will offer to Clients’ third party services such as those offered by Google to enhance the performance of their websites. Phoenix Imprint Marketing may include in quotations the setup and maintenance of such third party services. Phoenix Imprint Marketing will not be liable to the Client for any interruption, non-performance, or cancellation of the provision by third parties of any such services
  •  WEBSITE DEVELOPMENT AND DESIGN TERMS AND CONDITIONS
      1. All website content needs to be provided by the client within 2 weeks of payment of a deposit to commence a project. Should the client delay issuing Phoenix Imprint Marketing the content required for the project, Phoenix Imprint Marketing reserves the right to renegotiate the cost of the project as well as the expected completion date. In such instances, Phoenix Imprint Marketing will request any outstanding payments to be settled before the continuation of the project.
      2. CMS websites require updates to plugins and themes. If the client has not opted for monthly maintenance, such updates and the cost thereof, remain the responsibility of the client. However, plugins and themes may be quoted for separately if required.
      3. Additional pages, images and revisions on projects above the scope of work agreed above will attract additional charges.
      4. All E-commerce websites will come with Flat Rate shipping. It is the client’s responsibility to negotiate shipping costs with his/her preferred supplier and to provide Phoenix Imprint Marketing with specified flat rates. Alternative Shipping Plugin purchase and configuration fall out of the scope of work, unless specifically quoted for.
      5. All e-commerce website will have Payfast and EFT payment as the default payment options. It remains the responsibility of the client to sign up with Payfast and to provide us with their login details.
      6. The client agrees that all content provided by the client including articles, website wording, graphics and videos are owned by the client and free of any copyright infringement.
      7. Viruses & Outdated Websites, Phoenix Imprint Marketing makes every effort to take security precautions on our Clients websites, this includes the relevant security plugins which keeps its servers secure, wherever possible. However we cannot guarantee the prevention of hacks, viruses or unexpected data deletion and cannot be held liable for any such damages as a result. Phoenix Imprint Marketing cannot be responsible for any websites that have stopped working or have become faulty over time due to the website becoming “outdated”. Outdated websites can be affected due to many aspects, such as new browser software, outdated web code, etc. Phoenix Imprint Marketing cannot be expected to keep your website updated in every aspect without being compensated to do so. In this situation the Client may opt to have their website redeveloped or select one of our subscription based website packages where Phoenix Imprint Marketing is responsible for updating this on your website at all times.
  • SEO TERMS AND CONDITIONS
      1. Phoenix Imprint Marketing accepts no responsibility nor liability to the Client for the actual rankings achieved or how such rankings may vary over time. Search engines are known to change their algorithms and in such doing rankings and traffic may fluctuate.
  • EMAIL MARKETING TERMS AND CONDITIONS
      1. Phoenix Imprint Marketing will not be liable for any purchased, rented, or third-party lists of email addresses that were/are purchased/provided by the client for newsletter or emailing distribution.
      2. Phoenix Imprint Marketing will not be held liable for any penalties placed upon the client by the email service provider as a result of purchased, rented, or third-party lists of email addresses or spam content used in newsletters.
  • CONTENT MARKETING TERMS AND CONDITIONS
      1. The Client’s account manager will post content based in the client’s: Target Market, Products, Industry, but occasionally content might be relevant to General Internet Trends or Holidays. The Client is responsible for setting content guidelines with the Account Manager, these guidelines can be in the form of a list of approved: websites, newsletters, rss feeds where the Account Manager can derive content from.
      2. The Account Manager cannot take responsibility for the sharing of, nor comments made in response to content posted on the page, as this is the nature of social media interactions. An Escalation process will be followed with feedback on the social media sites, but in no way will any actions taken in response to these contradict the objective of company transparency.
      3. Unless otherwise agreed the content for newsletters will be provided by the client, although the account manager may give some suggestions for content going forward.
      4. The client agrees that all content provided by the client including articles, website wording, graphics and videos are owned by the client and free of any copyright infringement.
  • HOSTING TERMS AND CONDITIONS
      1. Phoenix Imprint Marketing will invoice for hosting and domain renewals on an annual basis. This is only applicable for websites hosted and maintained by Phoenix Imprint Marketing
      2. Phoenix Imprint Marketing will use their best endeavours to rectify the cause of any disruption in the hosting service of a Client’s website(s) and to minimise the duration of any such instances. This is only applicable for websites hosted and maintained by Phoenix Imprint Marketing.
      3. Phoenix Imprint Marketing will not be liable to the Client for any compensation in respect of any downtime that may occur with the hosting of their website(s).
      4. Only If website maintenance is selected and paid for on a monthly basis,will Phoenix Imprint Marketing keep a backup of all Client website files.
      5. In the event that a Client wishes to move their website to another web server supported by another party, then Phoenix Imprint Marketing will cooperate fully, subject to all outstanding amounts being paid up in full, in some instances a transfer fee will be applicable.
      6. Phoenix Imprint Marketing will troubleshoot any problems reported by the Client with their email. If the problem is due to an omission by Phoenix Imprint Marketing then no charge will be made to the Client. If the problem is not due to an omission by Phoenix Imprint Marketing then the Client will be charged
      7. Login details and passwords need to be kept confidential and secure. Phoenix Imprint Marketing will not be held accountable for email account/website hacks. We do not keep passwords on record and will subject any password request to security measures deemed sufficient to legitimise the request
  • GENERAL SERVICE DISCLAIMERS
      1. Phoenix Imprint Marketing accepts no responsibility for policies of Google, third-party search engines, directories or other websites (“Third-Party Resources”) that the Client may submit to with respect to the classification or type of content it accepts, whether now or in the future. The Client’s web site or content may be excluded or banned from any Third-Party Resource at any time and the Client agrees not to hold Phoenix Imprint Marketing responsible for any liability or actions taken by Third-Party Resources under this Agreement.
      2. The Client furthermore acknowledges that the nature of many of the resources the Phoenix Imprint Marketing may employ under this Agreement are competitive, therefore Phoenix Imprint Marketing does not guarantee top rankings, consistent positioning or specific performance of any strategies employed and the Client accepts that the Phoenix Imprint Marketing past performance is not indicative of any future results the Client may experience.
      3. The Client recognizes that SEO and submissions to search engines and directories can take an indefinite amount of time for acceptance or inclusion and that internet advertising may be subject to the individual advertising network’s policies and procedures.
      4. The Client accepts that Google Adwords, search engines, directories or other resources may block, prevent or otherwise stop accepting submissions for an indefinite period of time.
      5. The Client acknowledges that search engines may drop listings from its database for no apparent or predictable reason. The Company shall re-submit resources to the search engine based on the current policies of the search engine in question.
      6. Phoenix Imprint Marketing will endeavor to make every effort to keep the Client informed of any changes that Phoenix Imprint Marketing is made aware of that impact any of the campaigns and strategies and the execution thereof under this Agreement. The Client also acknowledges that Phoenix Imprint Marketing may not become aware of changes to third-party resources, industry changes or any other changes that may or may not affect campaigns or services.
      7. Phoenix Imprint Marketing, for the duration of this agreement, may develop design strategies and codes, which, in Phoenix Imprint Marketing’s opinion improve the Client’s website. Phoenix Imprint Marketing and the Client will review these suggestions together and once mutual agreement is reached activate these changes. If the Client decides to make any material changes to the website, the Client will consult with Phoenix Imprint Marketing prior to implementing these changes, to make sure that they do not conflict with Phoenix Imprint Marketing marketing strategy.
      8. Third-Party Resources, particularly Facebook, change their layout and can very often affect any business page installations and applications. The Company will not be held liable for these changes and, should work need to be done to rectify, then a new “quote” would need to be drawn up.
      9. Phoenix Imprint Marketing and its subcontractors retain the right to display all designs as examples of their work in their respective portfolios.
      10. Licencing; All software and plugin licence keys remain the property of Phoenix Imprint Marketing. Should you decide to no longer use Phoenix Imprint Marketing for your website support or hosting we will remove the licensing from your website. The responsibility will remain with you to ensure your website is running smoothly. We provide the licensing as part of the initial project for free as long as you host and use Phoenix Imprint Marketing for support in the future.
      11. The Client acknowledges the following with respect to services:
  • GRACE PERIOD
        1. WordPress is an open-source PHP environment that is widely used and supported CMS technology. A CMS website allows clients to maintain and update portions of the website i.e. images, videos, and content, however, some aspects (core and structural files) cannot be changed by clients. These structural changes will need to be performed by Phoenix Imprint Marketing to ensure the website works correctly.
        2. From the sign off date of the project, Phoenix Imprint Marketing offers a grace period of two weeks to fix any bugs that are causing the project to not work correctly, within reason, to a maximum of 3 hours of time.
        3. Any bug fix requests need to be documented and emailed to Phoenix Imprint Marketing within the specified grace period. Should bug fix requests fall outside of the specified grace period, a quote will be prepared for the additional work. Should any person other than personnel appointed by Phoenix Imprint Marketing modify the solution in any way during the grace period this warranty is void. Bugs are defined as conditions that cause the online solution to stop functioning correctly due to an error in the development of the solution. The following failure conditions and associated malfunctions are not covered by this: 
        4. Failure of: 
          1. Operating System
          2. Software Infrastructure
          3. Hardware Infrastructure
          4. 3rd party software
          5. Internet connection or speed
        5. Change in: 
          1. Business and operational rules on which the solution may rely.
          2. Change or failure of any third-party system on which the solution may rely.
          3. The hosting environment, for example, change of physical hosting server.
          4. The version of any software that the application may rely on to an older or newer version. This includes end-user applications such as browsers.

             

            The client has the option to sign up for monthly website maintenance  at any time.

  • COPYRIGHT
      1. The source code of all website web pages remains the intellectual property of Phoenix Imprint Marketing until such time as payment is made in full by the client and may not be copied and used by any other party without the consent of Phoenix Imprint Marketing.
      2. All scripts, CSS and include files used within Client websites, remains the intellectual property of Phoenix Imprint Marketing until such time as payment is made in full by the client and may not be copied and used by any other party without the written consent of Phoenix Imprint Marketing.
      3. The stored procedures, functions and triggers programmed into SQL Databases remain the intellectual property of Phoenix Imprint Marketing until such time as payment is made in full by the client and may not be copied and used by any other party without the consent of Phoenix Imprint Marketing.
      4. All Client logo images, images unique to the Client, i.e. of their premises, workforce and their business, plus all written copy, belong to the Client and are covered under their copyright. Phoenix Imprint Marketing will not reuse Client written content or images without the express permission of the Client.
      5. Phoenix Imprint Marketing will not be liable for any copyright infringements committed by the Client with regards to content provided for marketing materials. The Client hereby agrees that all content submitted to Phoenix Imprint Marketing is original content and not copied off other websites as copying content of other online assets will directly impact Phoenix Imprint Marketing ability to run an effective marketing strategy for the Client.
      6. The Client and the Company acknowledge and agree that the Specifications and all other documents and information related to the development of the Phoenix Imprint Marketing Campaign (the “Confidential Information”) will constitute valuable trade secrets of the Company. The Client shall keep the Confidential Information in confidence and shall not, at any time during or after the term of this Agreement, without the Company’s prior written consent, disclose or otherwise make available to anyone, either directly or indirectly, all or any part of the Confidential Information.

  • BREACH
      1. In the event that the Client does not pay an invoice within the time frame allocated in the invoice, then Phoenix Imprint Marketing has the right to suspend all further works for that Client until such time as payment is made in full.
      2. In the event that the Client does not pay a hosting subscription invoice within 30 days of the due date, i.e. 44 days after the invoice date, then Phoenix Imprint Marketing reserves the right to turn off any website hosting until such time as the invoice is paid in full.
      3. In the event that the Client becomes insolvent or goes into liquidation Phoenix Imprint Marketing have the right to immediately terminate their contract with the Client and invoice for the full value of project works carried out to that date, plus suspend any email or hosting services.
      4. In the event that a Client delays the progress of a project with Phoenix Imprint Marketing then Phoenix Imprint Marketing will be entitled to give 14 days written notice to the Client. If the Client does not satisfactorily remedy the cause(s) of the delay, within the 14 day notice period, then Phoenix Imprint Marketing will have the right to terminate the service. Phoenix Imprint Marketing will invoice the Client for the full value of works carried out to-date.
      5. In the event the Client fails to make any of the payments referenced in deadline set forth, Phoenix Imprint Marketing has the right, but is not obliged, to pursue any or all of the following remedies: (1) terminate the Agreement, (2) remove equipment, software, services or resources owned by the Company or (3) bring legal action.

  • WHAT CAN BE EXPECTED OF US
      1. be friendly, courteous and helpful when contacted
      2. make every effort to explain things clearly and in terms you can understand, keeping jargon to a minimum
      3. agree with you the type of service you can expect to receive
      4. respond to your phone calls, emails and letters in a timely manner
      5. treat all clients fairly
      6. Confidentiality
      7. We aim to achieve the highest level of client satisfaction and for our clients to have absolute faith in our standard of work and the professional manner in which we conduct business.

  • WHAT WE EXPECT OF OUR CLIENTS
    1. provide any information that has been requested within agreed timescales
    2. pay all invoices within the payment terms defined in our agreement
    3. let us know in advance if you are unable to do this, or if your circumstances change

  •  IMPROVING OUR SERVICES
    1. We are keen to improve our high level of Client service and welcome any comments that you have, either complimentary or critical. If a project has not met its targets we would appreciate your feedback about what we can do to avoid the situation in future. We want our clients to be 100% happy with the service they receive.

 

 

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