In this Agreement the following words and expressions shall have the following meanings:
- “we / us” means wildweb-designs.com
- “client content” collectively refers to video, illustrations, photographic and textual content provided by the Client.
- “downtime” means any service interruption in the availability to visitors of the Website;
- “intellectual property rights” means patents, trademarks, design rights, applications for any of the foregoing, copyright, topography rights, database rights, rights in know-how, trade or business names and other similar rights or obligations, whether registrable or not in any country;
- “IP address” stands for internet protocol address which is the numeric address for the server;
- “ISP” stands for internet service provider;
- “server” means the computer server equipment operated by the Supplier in connection with the provision of the Services;
- “the Services” means web hosting, email and any other services or facilities provided by the Supplier as outlined in this Agreement;
- “spam” means sending unsolicited and/or bulk emails;
- “virus” means a computer programme that copies itself or is copied to other storage media, including without limitation magnetic tape cassettes, memory chips, electronic cartridges, optical discs and magnetic discs, and destroys, alters or corrupts data, causes damage to the user’s files or creates a nuisance or annoyance to the user and includes without limitation computer programs commonly referred to as “worms” or “Trojan horses”;
- “visitor” means a third party who has accessed the Website;
- “the Website” means the client’s website
- “Business Day” means a day other than a Saturday, Sunday, or a day that is generally recognised as a public holiday.
- “Support Services” means commercially reasonable technical support and assistance to maintain and update the Work Product.
- “Website Management” means the monthly management and maintenance of the Website.
We shall use its reasonable endeavours to make the server and their Services available to the Client 99.9% of the time but because the Services are provided by means of computer and telecommunications systems, we makes no warranties or representations that the Service will be uninterrupted or error-free and we shall not, in any event, be liable for interruptions of Service or downtime of the server.
We shall not be held liable for any lost of income and or any finiancial implication server downtime may cause
Designing and re-designing of website and or graphincs, monthly website management and hosting fees are non-refundable meaning all fees are non-refundable.
use of services
The Website and use of the Services may be used for lawful purposes only
The Client may not submit, publish or display any content that breaches any law, statute or regulation.
In particular the Client agrees not to:
- use the Services or the Website in any way to send unsolicited commercial email or “spam”, or any similar abuse of the Services;
- send email or any type of electronic message with the intention or result of affecting the performance of any computer facilities;
- publish, post, distribute or disseminate defamatory, obscene, indecent or other unlawful material or information, or any material or information which infringes any intellectual property rights, via the Services or on the Website;
- threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;
- engage in illegal or unlawful activities through the Services or via the Website;
- make available or upload files to the Website or to the Services that the Client knows contain a virus, worm, Trojan or corrupt data; or
- obtain or attempt to obtain access, through whatever means, to areas of the Supplier’s network or the Services which are identified as restricted or confidential.
The Client agrees to allow us to use the Clients name and website for company promotions, online portfolio, past clients list, on social media, in print material, etc. for advertising and promoting WildWebDesigns.com services to other companies.
In terms of Social Media Marketing and paid advertising the following services are provided
- SEO – Search Engine Optimization
- SOCIAL MEDIA MARKETING – Facebook, Twitter, Instagram
- GOOGLE ADWORDS – Online Advertising Platform
WildWebDesigns.com is an independent contractor hired to provide outsourced digital marketing and lead generation services on a monthly basis
DIGITAL MARKETING & LEAD GENERATION COST & PAYMENTS:
- Client agrees to pay the proposal price each month for services.
- Services will be billed monthly except in cases where it is stated weekly
- Monthly payments will be due on the first day of the month.
- We have the right to stop any advertising in the event of non-payment by the client.
- Pricing is based on current scope of work.
- In the event additional services are required or there is a major change in the scope of work, then we reserves the right to adjust the said pricing.
Contact us to find out more about our creative marketing packages
MANAGING CLIENTS INTERNAL RESOURCES:
The Client agrees that we will have the lead and be fully in charge of establishing digital strategy, managing day to day work/task, managing all of the current internal digital marketing resources (employees, contractors, etc.).
ADDITIONAL SERVICES FEES
In the event the Client would like to use WildWebDesigns.com for services outside of the scope of services additional fees may apply.
Client agrees to give us access to all tools, software, websites, social media, landing pages, accounts, etc. that they will need to access.
We will use best efforts to secure and protect all pass codes.
Only authorized representatives of WildWebDesigns.com will be allowed to access pass codes and only on an as needed basis.
COPYRIGHTS AND TRADEMARKS
The Client represents (informs) to WildWebDesigns.com and unconditionally guarantees that any elements of text, graphics, videos, photos, content, designs, trademarks, or other artwork furnished to WildWebDesigns.com for inclusion in social media pages, etc. are owned by the
Client, or that the Client has permission from the rightful owner to use each of these elements.
Client agrees to hold harmless, protect, and defend us from any claim or suit arising from the use of such elements furnished by the Client.
ASSIGNMENT OF PROJECT
We reserves the right to assign certain subcontractors to this project if it sees the need to do so in order to meet the requirements of this agreement.
WildWebDesigns.com, its employees and subcontractors agree that, except as directed by the Client, it will not at any time during or after the term of this agreement disclose any non-public Confidential Information to any person whatsoever. Likewise, the Client agrees that it
will not convey any non- public confidential information obtained about WildWebDesigns.com to another party.
The Client and WildWebDesigns.com acknowledge that the internet is neither owned nor controlled by any one entity; therefore, we can make no guarantee on the results that may be provided as a result of our work.
WildWebDesigns.com represents that in good faith it shall make every effort to ensure that the clients digital marketing is successful and leads are generated as a result of our work.
WildWebDesigns.com does not warrant that the functions supplied by its work, web pages, digital marketing, consultation, advice, or work will meet the Client’s requirements or that the operation of the work/deliverables will be uninterrupted or error-free.
The entire risk as to the quality and performance of the work and deliverables is with the Client.
In no event, will WildWebDesigns.com be liable to the Client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these digital marketing services or website(s), even if WildWebDesigns.com has been advised of the possibility of such damages.
The client does hereby expressly agree to indemnify and hold harmless WildWebDesigns.com, its Owners, its principals, officers, employees and contractors against all suits, actions, claims, demands, or costs of any kind to which they may be subject arising or resulting at any time or place from anything done or omitted to be done by them in connection with this project.
The client hereby waives any and all claims which, but for this waiver, it may have, or which it may hereafter acquire, against WildWebDesigns.com, its Owners, its principals, officers, employees and contractors arising or resulting at any time or place from anything done or omitted to be done by them regarding this project.
SEO – SEARCH ENGINE OPTIMIZATION
- Review of the competitiveness of the client’s industry and the targeted keywords
- Review of the current ranking potential of the client’s website and back link profile analysis
- Review of the website usability, website credibility, website accessibility and user engagement
- Avoiding negative SEO issues such as keyword stuffing, duplicate contents, URL canonicalization, hidden text, hidden links, redirects and keyword
- Site Traffic
- Website Optimization
- Tags, Meta Tags, contents, HTML code
- Key word positioning / placement
- Hand-submit your pages to the major search engines and directories
SOCIAL MEDIA PLATFORMS MARKETING
- Manage Facebook Business Manager
- Create Custom Audiences + Look a Like Audiences (includes website pixel code installation)
- Manage ads per month within client’s Ad Budget
- Brand Awareness
- Product / service specific
- Creative image per month to expose anything relevant for the business
- Monitoring and managing demographics of campaigns
- Monthly results and analytics
- Extra ads are available on request (Post Related)
GOOGLE ADWORD ACCOUNT MANAGEMENT
Manage Google AdWords Account
Create Custom Google Ads
Including proper text
WildWebDesigns.com SEO has no control over the policies of search engines with respect to the type of sites and/or content that they accept now or in the future. The Client’s website may be excluded from any directory or search engine at any time at the sole discretion of the search engine or directory.
Due to the competitiveness of some keywords/phrases, ongoing changes in search engine ranking algorithms, and other competitive factors, WildWebDesigns.com SEO does not guarantee #1 positions or consistent top 10 positions for any particular keyword, phrase, or search term.
Google has been known to hinder the rankings of new websites (or pages) until they have proven their viability to exist for more than 6 months. This is referred to as the “Google Sandbox”. WildWebDesigns.com SEO assumes no liability for ranking/traffic/indexing issues related to Google Sandbox penalties.
Occasionally, search engines will drop listings for no apparent or predictable reason. Often, the listing will reappear without any additional SEO. Should a listing be dropped during the SEO campaign and does not reappear within 30 days of campaign completion, WildWebDesigns.com SEO will re-optimize the website/page based on the current policies of the search engine in question.
Some search directories offer expedited listing services for a fee. If the Client wishes to engage in said expedited listing services (e.g., paid directories), the Client is responsible for all paid for inclusion or expedited service fees.
A Facebook Ad budget is the amount of money you want to spend on showing people your ads, generate “likes” and brand awareness. It’s also a cost control tool and is excluded from the monthly management fee.
Google AdWords’ pay per click is excluded from the monthly management fee.
Service Level Agreement
Wild Web Designs Service Level Agreement. We reserve the right to change our Service Level Agreement at any time without prior notice. This Agreement shall be binding upon both parties once the quotation is accepted by the client.
We pride ourselves in offering a unique service to our clients. We focus on your online presence while you can focus on your business!
THE ACCURACY AND RELIABILITY OF PROVIDED MATERIALS
When the Client provides information, data, images, custom text, etc. to the Developer, the Client is responsible for the accuracy and reliability of the provided materials.
The Client shall be solely responsible for their own Client Content and the Client affirm, represent, and/or warrant that:
– the Client own or have the necessary licenses, rights, consents, and permissions to use the content, information, data, images custom text ect. Provided to the Developer to use on the Client’s website.
In connection with Client Content, the Client further agree that the Client will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless the Client is the owner of such rights or have permission from their rightful owner to post the material and to grant the Developer all of the license rights granted herein.
The Client understand that whether or not such Client Content is published, the Developer does not guarantee any confidentiality with respect to any Client Content.
The Client agree to defend, indemnify and hold harmless WildWebDesigns.com, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
- your violation of any third party right, including without limitation any copyright, property, or privacy right; or
- any claim that one of your Client Content caused damage to a third party.
MEETINGS INCLUDED IN WEBSITE DEVELOPMENT PRICE
Two Meetings are included in the Website Development Price
- Introduction Meeting applicable to new clients (Free)
- Beginning Phase of the Design (Meeting 1)
- Finalizing Phase of the Design (Meeting 2)
- If additional meetings are requested by the Client, R350.00 call out fee will be billed to the Client.
Website revamp fees will be charged if any changes need to be made to the website structure after completion and approval of the website
INDEPENDENT SERVICE PROVIDER
We are an independent Service Provider, not an employee of Client.
website management package
Website management and maintenance is as important as having a website. Outdated websites impact your credibility and lead conversion. Imagine a website as a shop front. A well-maintained shop front attracts people to come closer and look at the product. A neglected shop front makes the product look shabby and discourages trust. That’s why we assist to keep your online presence up-to-date. Visitors to your site immediately sense the neglect and move on to one of your competitors.
INCLUDED IN MONTHLY WEBSITE MANAGEMENT PACKAGE
WildWebDesigns.com will provide monthly management, maintenance and support to keep your website up-to-date.
The following is included in the price:
- Hosting Support
- Email Support
- Website Support
- New information uploads including text, images and minor page changes
- Post engaging blog posts and articles
- Broken link analysis and repair
- Upgrades to Client’s website functions including website forms and database operations
- Website Backups
- Website Security including removal of malware, spam and malicious code
- Plug-ins updates and upgrades
- Phishing content scanner including removal thereof
- Miscellaneous content scanner
- Website Optimization
- Unauthorized user termination and immediate suspension
- Website downtime including redirect page
wildweb-designs.com will keep one mirrored image of Client’s website on a backup server provided that the Client is on the Monthly Website Management Package.
In cases where the client is not on the Monthly Website Management Package, no backup of the web site will be available for when and if the Client wants to transfer the website to another service provider. In cases where the website should crash it is the Clients’ responsibility to ensure that information is provided to WildWebDesigns.com to restore the website and the Client will be billed accordingly.
TEMPORARILY SUSPENSION & security
We may, at our own discretion, temporarily suspend services for the purpose of repair and maintenance on the server.
We will provide prior notice where it is reasonably practicable under the circumstances and we will restore services as soon as possible.
The Client shall not be entitled to any setoff, discount, refund or other credit in case of any service suspension which is beyond WildWebDesigns.com control.
We will take reasonable steps to prevent security breaches on the Clients website provided that the Client is on the Monthly Website Management Package where this service is included as “Website Security”.
The Client shall not be entitled to any setoff, discount, refund or other credit in case of any service outage which is beyond WildWebDesigns.com control.
Clients understands, acknowledges and agrees that:
- Wildweb-designs.com has no control over the policies of search engines or directories with respect to the type of sites and/or content that they accept now or in the future. The Client’s website(s) may be excluded from any search engine or directory at any time at the sole discretion of the search engine or directory entity.
Wildweb-designs.com is not responsible for rewriting sentences, restructuring paragraphs, or checking for typing errors, misspellings, etc.
Wildweb-designs.com will not repair the Client’s website(s) that became compromised, hacked, or otherwise defaced or infected if the client is not on the Monthly Website Management Package.
Due to security reasons the Client is responsible for keeping record of email passwords.
In order to avoid unauthorized changes to the website from personnel within the Client’s company it is requested that one role-player be appointed to communicate to WildWebDesigns.com regarding website changes.
Changes to the website will not be made unless it is provided to WildWebDesigns.com via the appointed role-player as mentioned above.
To avoid any confusion website changes will not be done telephonically and it is requested that all correspondence, changes and or new information in regards to website be emailed to firstname.lastname@example.org.
24 to 48 working hours is to be granted from receipt of correspondence for the changes to be visible on the website depending on the amount of new information provided by the Client.
accounts and payments
Payment due ten (10) days from receipt of invoice.
If client fails to pay the invoice in the said timeframe the Client’s account will be suspended without notice until payment is received.
Account suspension includes hosting, website and email accounts.
The Client shall not be entitled to any setoff, discount, refund or other credit in case of any account suspension due to non payment of invoices resulting in account suspension.
service notifications & cancellations
10% Annual incensement of Website Management fees.
30 Days written service termination policy from both parties are excepted.
After termination by the Client or WildWebDesigns.com for any reason WildWebDesigns.com shall retain the right to withhold the website backup file and decline the website transfer ticket until all outstanding fees are paid in full by the Client.
We usually keep the last 14 days incremental backup with us.
Clients with only hosting accounts are responsible to keep older backups of their content on the account including but not limited to their Database.
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