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Terms & Conditions

Here are all the terms of service between ecomli and our clients.

GENERAL WEBSITE TERMS & CONDITIONS

    • Payment
      • The charges for the services and the payment terms applicable are set out in the Website Proposal.
      • Annual price increase: Our financial year runs from 1 March to 28 February and a standard price increase may occur on 1 March every year. We will communicate the details of the increase to our clients.
    • Website Design
      • During the design process it is expected that the client will work with ecomli to reach the results outlined and agreed to in the Website Proposal.
      • In this regard, the client agrees that it is their responsibility to provide ecomli with all the images and written content required to design and develop the website. Let it be noted that it is not ecomli’s responsibility to check the correctness of any supplied materials. 
      • It is common during the design process that additional materials may become necessary, for example stock photos; in this regard the client agrees that a price per picture will be applied to the final design fees and is payable in addition to scope as set out above.
      • In this regard, the client shall be invoiced separately and payment must be made within 30 days from date of invoice.
         
    • Timelines
      • Costing and timelines are based on deliverables mentioned in proposal. In the event that ecomli is chosen to provide this website design and development service, ecomli agrees that it shall use commercially reasonable efforts to meet all project schedules and requested delivery time frames.
      • However, the client understands that these are only estimated dates and should never be accepted either explicitly or implicitly as a guarantee of delivery.
      • In this regard the client agrees not to hold ecomli liable for any losses associated with project delays.
         
    • Website Footer
      • The client hereby authorises ecomli to add a link to their website as per the signed off designs.
         
    • Browser Testing
      • Browser testing ensures that a person’s experience of a design should be appropriate to the capabilities of a browser or device.
      • We test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Edge), Mozilla Firefox and Opera.
      • We will not test in other older browsers unless agreed prior. If the client requires an enhanced design for an older browser, ecomli can provide a separate estimate for that.
         
    • Mobile Browser Testing
      • Testing using popular smaller screen devices is essential in ensuring that a person’s experience of a design is appropriate to the capabilities of the device they’re using.
      • We test our designs in:
        • iOS: Safari and Google Chrome
        • Android: Google Chrome
      • We will not test in Opera Mini/Mobile, specific Android devices, or other mobile browsers unless agreed prior. If you need us to test using these, we can provide a separate estimate.
         
    • Additional Services
      • Should the client elect to take any additional services with ecomli over and above the website development, for example: monthly maintenance of the website or website hosting service, the client will be required to sign a separate proposal for these services.
         
    • Confidentiality
      • The Website Proposal and the quotation contain proprietary and confidential information. The client agrees not to use or disclose any information contained herein except in the context of its business dealings with ecomli.
      • The client agrees to instruct each of its employees that they must not disclose any information concerning the Website Proposal to others except to the extent that those matters are generally known to, and/or available for use by the public.
      • The client also agrees not to duplicate or distribute or permit others to duplicate or distribute any material contained herein without the written permission of ecomli.
         
    • Amendment
      • The Website Proposal can only be changed or modified by ecomli with the approval of the client. A new agreement will be made if both parties wish to change a significant amount of content in the Website Proposal.
         
    • Legal
      • ecomli will carry out our work in accordance with good industry practice and at the standard expected from a suitably qualified person with relevant experience.
        • That said, ecomli cannot guarantee that our work will be error-free and so we cannot be liable to our client or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages.
      • Your liability to us will also be limited to the amount of fees payable under this contract and you won’t be liable to us or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages.
      • If any provision of the Website Proposal shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.
         
    • Termination
      • Both parties may terminate the project at any time for any reason and the termination must be supplied in writing
        • All terminations to be supplied in writing to accounts@ecomli.co.za
        • Verbal terminations will not be accepted.
      • Upon termination, ecomli will calculate the time spent on the project and will either reimburse the client accordingly or invoice for the time already spent.
         
    • Proposal Validity
      • Notwithstanding anything to the contrary contained in the cost breakdown and/or the client’s specifications, the validity of this proposed offer, including the costing, is open for acceptance or dissent by the client for a period of 30 days from the date at which the Website Proposal was sent to the client.
         
    • Governing Law
      • The laws of the Republic of South Africa shall govern this proposal.
         
  • WEBSITE PAYMENT TERMS & CONDITIONS
    • All prices exclude VAT unless stated otherwise.
    • The client will receive the full invoice (100%) after the acceptance of the Website Proposal.
      • 50% deposit is required upon commencement of the project.
      • 50% balance payment upon the final delivery of the website, unless the monthly payment option is chosen.
    • Should the monthly payment option be chosen:
      • Re: Hosting
        • It is required that you host the website with ecomli.
        • ecomli will invoice you for the hosting once the domain registration occurs or when the domain transfer takes place.
      • Re: Website Development
        • ecomli will start the billing cycle once the Website Proposal is signed.
        • The duration of the cycle is stipulated on the cost breakdown page.
      • Re: Invoicing
        • Monthly invoices will be sent on the 25th of each month.
           

Billing & Accounts

    • Invoices
      • Invoices are sent on the 25th of each month via the client’s provided email address. These invoices are due the 1st day of the following month. Failure to pay invoices by the 7th each month will result in the temporary suspension of services.
      • Annual price increase: Our financial year runs from 1 March to 28 February and a standard price increase may occur on 1 March every year. We will communicate the details of the increase to our clients.
    • Service Suspension
      • Failure to pay invoices by the 7th each month will result in the temporary suspension of services. This includes the deactivation of your email and or web hosting services or analytics dashoard access. Services will be activated again as soon as payment is received and account is up to date. ecomli will not be held liable for any lost business during the time of service suspension. 

Ownership & Intellectual Property Rights

    • Ownership
      • From ecomli’s point of view, domains registrations and websites belong to the individual(s) to whom we issue the job invoices, unless stated otherwise. However, it is up to the client and it’s representitives to determine rightfull ownership.
    • Intellectual property
      • ecomli does not take any responsibility with regards to intellectual property of our clients and the protection and ownership thereof is soley the client’s responsibility. ecomli will take reasonable efforts to ensure the protection of intellectual property and will not share intellectual property to any company or individual. In the case of IP or information leakage or breach, ecomli will not be held liable for any losses incurred.
  • Disputes amongst client representatives
    • ecomli will not become involved in disputes between representatives of the same organisation. It is the client’s responsibility to delegate intellectual property (website & domains) to the rightful owners upon company liquidatation & insolvency or when the company becomes disbounded.

WEBSITE MAINTENANCE TERMS & CONDITIONS

    • Where the Website Maintenance option is selected ecomli will do their best effort to keep the client’s website as safe and secure as possible by:
      • keeping the website security up to date
      • keeping the anti-spam of the online contact forms up to date
      • regularly testing all online contact forms
    • With ecomli’s efforts to website security, ecomli will not be held liable for any security breach what so ever.
    • Should the client choose NOT to select the Website Maintenance option ecomli will not be held liable for any hacking, spamming or any form of cyber attack on the client’s website. ecomli will therefore, not be held responsible for any loss of clients, damage to reputation or loss of property due to such occurances.
    • ecomli cannot be held responsible for the client’s website in the event that the client requires/demands or has access to the following details:
      • FTP connection details
      • MySQL Database details
      • KonsoleH or cPanel details
      • CMS (Content Management System) Admin details
      • WordPress Administrative Permission

WEBSITE MAINTENANCE TERMS & CONDITIONS

    • Where the Website Maintenance option is selected ecomli will do their best effort to keep the client’s website as safe and secure as possible by:
      • keeping the website security up to date
      • keeping the anti-spam of the online contact forms up to date
      • regularly testing all online contact forms
    • With ecomli’s efforts to website security, ecomli will not be held liable for any security breach what so ever.
    • Should the client choose NOT to select the Website Maintenance option ecomli will not be held liable for any hacking, spamming or any form of cyber attack on the client’s website. ecomli will therefore, not be held responsible for any loss of clients, damage to reputation or loss of property due to such occurances.
    • ecomli cannot be held responsible for the client’s website in the event that the client requires/demands or has access to the following details:
      • FTP connection details
      • MySQL Database details
      • KonsoleH or cPanel details
      • CMS (Content Management System) Admin details
      • WordPress Administrative Permission

WEBSITE HOSTING TERMS & CONDITIONS

    • Dedicated Sever Cloud Hosting Package Sizes
      • Small is up to 3Gb
        Medium is up to 5Gb
        Large is up to 10Gb
      • More than 10Gb subject to special pricing according to specific needs
    • Hosting Fees
      • The first 15 minutes will be free.
      • Should the support time surpass 15 minutes, a fixed rate of R350 per hour will be charged and due by the client.
      • All hosting fees exclude VAT unless stated otherwise.
      • All hosting fees are payable in advance.
      • Hosting setup fees and the first month’s hosting are to be paid in advance.
      • Domain, Website Hosting and Email will be suspended by the 7th of the month should no payment be received.
      • Hosting fees are not refundable should the client decide to move to another provider within the hosting term paid for.
      • Domain renewal costs are as follows:
      • Prices may vary depending on the technology used for each hosting package.
      • In the event where ecomli need to back up and move email accounts for the clients, an additional support fee will be quoted and charged.
      • Telephonic email support fees are calculated as follows:
      • A small admin fee, stipulated in the Hosting Proposal, is payable for switching the client to another hosting provider.
    • Hosting Term/Duration
      • By selecting the “per year” hosting the client agrees to a 12-month (minimum) contract period.
      • Hosting will renew on a “Month-to-Month” basis after initial expiration and until cancellation has been received.
      • Domain names are renewed annually unless otherwise required.
      • Clients failing to pay their domain registration fees will be at risk of losing their domain.
      • ecomli takes no responsibility for the loss of a domain name due to lack of timeous payment.
      • Domain names will be suspended if annual hosting fees are not paid within the specified time limit.
         
    • Cancellation and Termination
      • ecomli reserves the right to suspend or terminate hosting, email and other services should there be payment delays.
      • A calendar months’ notice is required for cancellation of hosting services, to be supplied in writing to accounts@ecomli.co.za
      • Verbal cancellations will not be accepted.
      • The client agrees that unless they notify ecomli of their desire to cancel any or all services received, those services will be billed on a recurring basis.
         
    • General
      • We cannot guarantee that the website is fully compatible with all hosting providers’ server operating systems, especially any contact forms, Content Management Systems, database driven websites, etc.
      • We do not take any responsibility for server maintenance or updates
         
      • ecomli does not offer any technical support for any other website hosting company if you elect not to host the website with us.
      • Hosting excludes any other services such as website update, security maintenance etc.
      • If you are hosting the domain or website elsewhere; 
    • Hosting Disclaimer
      • ecomli uses professional world-class ISPs and their server uptime is at least 99%. ecomli cannot be held responsible or legally accountable for loss of email, loss of business or website downtime due to hosting problems or countrywide network problems.
      • Planned or unplanned server or network maintenance may be performed at any time without prior warning.
      • The sending of unsolicited commercial emails (SPAM) through our web servers promoting any website, or via third party web servers promoting a website hosted by us, can result in the suspension or termination of the client’s web hosting account, without refund.
      • Mailing lists may be operated as long as individuals choose to subscribe to receive mailings via clear ‘opt in’ methods and a strict removal procedure is published in all mailings. ‘Safe lists’ and other advertising related mailing lists might not be operated. Any complaints received are taken seriously and will be investigated.
      • ecomli cannot be held liable for any losses or damages suffered as a result of interruptions or unavailability of service.

Graphic Design

  • GENERAL TERMS

    • During the design process it is expected that the client will work with ecomli to reach the results outlined and agreed to in the Graphic Design Proposal.
      • In this regard the client agrees that it is their own responsibility to provide ecomli with all the content required on the website in order for ecomli to complete the Website Design and Development as indicated in the Client Information Requirement sheet.
    • The laws of the Republic of South Africa shall govern this proposal.
       
  • FINANCIAL POLICY
    • You will receive the full invoice (100%) after the acceptance of the Graphic Design Proposal.
      • Full payment is required upon commencement of the project, unless the monthly payment option is chosen.
    • Price includes up to three (3) concepts, and three (3) proofs from concept approval
    • The charges for the services and the payment terms applicable are set out in the Graphic Design Proposal.
    • Annual price increase: Our financial year runs from 1 March to 28 February and a standard price increase will occur on 1 March every year. We will communicate the details of the increase to our clients.
    • It is common during the design process that additional materials may become necessary i.e. stock photography or a requested commercial font is required. In this instance, the customer agrees that a price per picture and per font will be applied to the final design fees and will be payable in addition to scope as set out above.
      • Should this be required and thereafter agreed upon, the customer shall be invoiced separately and payment must be made within 30-days from date of invoice.
    • Additional costs above and beyond the cost estimate and/or the client’s specifications will be stated, and consent or dissent must be given by the client within a period of 30-days upon receiving the quotation.
       
  • COPYRIGHTS, OWNERSHIP AND TRADEMARKS
    • By supplying text, images and other data to ecomli for inclusion in the client’s brochure / website or other medium, the client declares that they hold the appropriate copyright and/or trademark permissions. The ownership of such materials will remain with the client, or rightful copyright or trademark owner.
    • By supplying images, text, or any other data to ecomli, the client grants ecomli permission to use this material freely in the pursuit of the design and to utilise the designs in ecomli’s portfolio unless agreed otherwise.
    • Should ecomli, or the client supply an image, text, audio clip or any other file for use in a website, multimedia presentation, print item, exhibition, advertisement or any other medium found to be copyright and royalty free, which subsequently emerges to have such copyright or royalty usage limitations, the client will agree to allow ecomli to remove and/or replace the file.
    • The client agrees to fully indemnify and hold ecomli free from harm in any and all claims resulting from the client in not having obtained all the required copyright, and/or any other necessary permissions.
    • ecomli may use any artwork/design for its own promotion and portfolio use
    • Copyright of all graphic design work is retained by ecomli including copy, concepts, ideas, proofs and illustrations (unless specifically released in writing) until after all invoices have been settled.
       
  • ALTERATIONS, REVISIONS AND SUPPLY OF CONTENT
    • The client agrees that changes required over and above the estimated work or required to be carried out after acceptance of the draft design will be liable to a separate charge.
    • The client agrees that ecomli holds no responsibility for any amendments made by any third party, before or after a design is published.
    • Unless otherwise negotiated, or ecomli’s copywriting services are used, the client must supply text for their project in text file format at the start of the project as well as graphics (logos, images, etc.) to be used. Text should be as close as reasonably possible to the final format, with accuracy of content, spelling and grammar checked and little to no formatting (includes text from previous websites). ecomli assumes all written content adheres to copyright laws.
    • Images are also expected to be supplied before work begins, unless by prior negotiation or if using ecomli’s photography or stock image services. Images should be supplied in the highest resolution electronic format possible, i.e. logos/images in original Illustrator / Photoshop format, or hi-res JPEG files (300 dpi). ecomli assumes that all correct permissions have been sought and/or royalties paid for images used.
    • Unless otherwise quoted or negotiated, projects include two rounds of minor changes or author’s revisions of the chosen project only. Following two revisions per project, an additional hourly fee will be charged. We will advise you and seek your agreement before proceeding with any work that will incur additional charges.
       
  • DESIGN PROJECT DURATION
    • Any indication given by ecomli of a design project’s duration is to be considered by the client to be an estimation. ecomli cannot be held responsible for any project over-runs, whatever the cause. Estimated project duration should be deemed from the date that the deposit has been cleared and is received by ecomli.
       
  • RIGHTS OF REFUSAL
    • ecomli will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal.
    • All advertising material must conform to all standards laid down by all relevant advertising standards authorities.
    • ecomli also reserves the right to refuse to include submitted material without given reason.
    • Any images and/or data that ecomli does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the client is obliged to allow ecomli to remove the contravention without hindrance, or penalty.
    • ecomli is to be held in no way responsible for any such data being included.
       
  • CANCELLATION

    • All cancellation requests to be sent to accounts@ecomli.co.za
    • If a client cancels or alters any order or part order at any time after ecomli has received the order, ecomli reserves the right to render additional costs.
       
  • DISCLAIMER
    • ecomli makes no warranties of any kind, express or implied, for any and all products and/or services that it supplies.
    • ecomli will not be held responsible for any and all damages resulting from products and/or services it supplies.
    • While ecomli will take reasonable steps to investigate any unsatisfactory result and rectify issues where they can, they will accept no responsibility for any consequential loss after following a client brief.
    • The client agrees not to hold ecomli responsible for any such loss or damage.
    • Any claim against ecomli shall be limited to the relevant fee(s) paid by the client.
    • ecomli reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions.
    • ecomli will not knowingly perform any actions to contravene these and the client also agrees to be so bound.

Website Service Terms

  • The purpose of this document is to ensure the best possible results, within an optimal timeframe, by adhering to a set of rules to manage project expectations from each party.
  • By adhering to these Service Terms:
    • the project can run as smoothly as possible
    • ecomli can deliver the project on time
    • additional project costs can be avoided
       
  • POINT OF CONTACT
    • The responsible contact person representing your company will be determined in the project briefing. If for any reason this changes (i.e. a new point of contact takes over), a new project briefing will be scheduled. Additional time will be billed at our standard hourly rate.
       
  • CONTENT
    • It is the client’s responsibility to provide all text content for the website in a MS Word document or Google Form, except if the option is selected that ecomli will create the website content.
    • In the event that the client opts to provide the content in an MS Word document but refuse to do so, you will be billed extra, by the hour, for the time required for our team to copy your content into an MS Word document.
    • It is the client’s responsibility to provide all images applicable to your company such as products, personnel, buildings etc. that must be used on the website (ecomli will provide generic stock imagery which may be subject to billing)
    • ecomli requires feedback on the content within five (5) working days of providing you with the initial draft.
    • ecomli will not start with the design process until all content (images and text) has been received and approved by both parties.
    • NB! In the event that you fail to provide feedback on the content within five (5) working days of receiving the initial draft of the content, ecomli will accept the content as approved and move to the design phase, and you will be invoiced for any further edits.
       
  • DESIGN FEEDBACK
    • When ecomli provides website design concepts, feedback needs to be provided within five (5) working days.
    • Should ecomli not receive feedback within this period, ecomli will take this as your approval of the design and proceed to the next phase.
    • In the event that you wish to provide feedback after this point, a new project kick-off meeting will be scheduled and you will be invoiced for the additional time.
    • The client acknowledges that his/her project will be moved to the back of the development schedule.
       
  • ONCE-OFF SEO
    • No optimisation will take place on the test link. Only once the website is live will we perform checks on the page speed, etc.
       
  • TEST LINK
    • Once the test link has been provided, feedback needs to be provided within five (5) working days.
    • In the event that you do not provide feedback within the required five (5) working days of receiving the test link, ecomli will move on to another project and provide you with future timelines in which we will be able to return to your project.
       
  • WEBSITE BUG FIXING
    • We provide a two-week testing period once the website goes live. During this time any technical issues and bugs will be resolved at no cost.  
    • After this period, ecomli’s obligations under the contract will be deemed fulfilled and the contract concluded.
    • All feedback should be compiled and send to ecomli in one list.
       
  • ADDITIONAL SITE CHANGES / OUT OF SCOPE
    • Any changes to the website following the website bug fixing stage will be charged separately.
       
  • GOING LIVE
    • Your website will only go live once the balance payment was received.
    • Your website will NOT go live on a Friday as our technical support team needs to monitor your website for the first couple of days after going live.

 

Analytics Dashboard Terms of Service 

  • Limitation of Liability 
    • ecomli will not be held liable for any loss incurred to a third party due to any decisions made based on the content of the analytics dashboard supplied to the third party.  
    • ecomli will take reasonable measures to ensure metrics on the dashboards are appropriately set up and that they portray data correctly, however, in the event that ecomli has erroneously setup any element on a client’s dashboard, the client agrees not to hold ecomli liable for any damage as a result of such error whatsoever.
    • ecomli will not be held responsible for any form of loss of property or reputation or any other form of loss as a result from an ecomi dashboard. 
  • Cancellation
    • Customers are to give ecomli one month’s notice should they decide to cancel their dashboard subscription. The cancellation notice must be submitted in writing to accounts@ecomli.co.za
    • Verbal cancellation via a phone call will not be accepted. For security reasons, ecomli must be able to identify that the cancellation claim is legitimate. This is an effort to protect our customers’ assets. 
    • Should the client opt to cancel their contract in the middle of a month, the client will be liable to pay the full subscription amount for that month
  • Amendments 
      • Requests for amendments on dashboards must be sent in writing to hello@ecomli.co.za. Verbal conversations in isolation will not be accepted as confirmation of an amendment request. 
      • ecomli reserves a minimum time frame of 7 working days to implement changes to a client’s dashboard. Each amendment case will be assessed on an ad hoc basis. Should ecomli find that the changes cannot be implemented in 7 work days, ecomli reserves the right to stipulate needed timeframe. 
      • Should ecomli be unable to implement the changes to the dashboard within the specified time frame, the client agrees to not hold ecomli liable for any damages incurred to the client regardless of the circumstances.  
      • It is the client’s responsibility to ensure that the data flows correctly before accepting and closing off the amendment job. 
      • ecomli charges a flat development fee of R350 per hour for any dashboard development. Chargeable in hour increments only. Should the work take less than a full hour, the client will be liable to pay for the full hour of labour.
  • Termination  
    • Should a client not pay for their dashboard subscription, ecomli reserves the right to terminate their access to the dashboard in question. Upon nonpayment of an invoice, ecomli will terminate the dashboard service on the 7th day of non-payment.
    • ecomli reserves the right to terminate a dashboard service to the client with 7 days notice submitted to the client in writing. The client has no right to hold ecomli liable for any damage that occurs as a result of termination. 

  • Data leaks  
    • Should a customer entrust ecomli access to their data, ecomli will take reasonable measures to ensure data security. However, in the event that a data breach, data loss, data theft or damage to the data occurs, the client agrees to not hold ecomli liable regardless of the circumstances. 
  • Pricing 
    • ecomli reserves the right to review our pricing structures for services rendered at any time.  
    • Pricing changes for active services will be submitted to clients in writing 30 days before any price change.
    • ecomli reserves the right to charge active customers a different price after such a price change announcement regardless of whether or not the customer has viewed or responded to such a price change.

 

Server Maintenance, Downtime & Fault

    • Maintenance
      • Our upstream server provider may perform server maintenance with or without prior notice. During this procedure, web and email hosting services may not be available. ecomli will not be held liable for any business loss during such times.
    • Server Downtime & Fault
      • In the unlikely event that our upstream server provider experiences minor or major faults with it’s server, content may be lost. ecomli will not be held for any data loss in this regard, this includes website content and email stored might be lost.