Unismart Solutions - Terms and Conditions
Please review our terms and conditions related to the provision of all services offered by us.
Thank you for choosing Unismart Solutions as a provider of digital solutions for your business. To ensure that we provide you with the best service possible, please take note of the following terms and conditions which are applicable to the services we provide.
Within these terms and conditions “you” and “your” refers to the client and “we”, “us”, “our” refers to the provider, Unismart Solutions (Pty) Ltd.
Please note that certain sections or clauses of these terms and conditions have been underlined to draw your attention to them because they may:
- Represent an acknowledgement of any fact by you (the client)
- Limit our risk or liability
- Represent a section in which you assume risk or liability
- Represent a section in which you indemnify us
Prior to the commencement of any work, you will be required to complete our Client Needs Assessment Survey in which you will be asked questions that help us evaluate the extent of services that you require.
The responses form your client needs assessment will be used to generate a quotation in which we will provide you with an itemized cost for the services you require.
You may communicate your acceptance of our quotation by replying via email to firstname.lastname@example.org, specifying your unique quotation number or you may sign and scan the quotation sent to via email and return it to us at the email address above. Either method will provide us with your approval and consent to begin work.
Please note that all quotations are valid for a maximum of thirty (30) days from the date of issue, after which a new quotation must be issued.
Upon acceptance of your unique quotation, we will send you an invoice, requesting a minimum of 30% of the quoted value. This amount represents a non-refundable fee which must be settled prior to us commencing the provision of any services. Unismart Solutions (Pty) Ltd will invoice you for all work completed and services rendered.
The outstanding balance entailing 70% of the quoted amount as well as any additional work that may have been completed by us will be invoiced prior to completion of final work (refer to Section 3). Please note that payment for all services rendered must be settled within seven (7) days of invoicing.
Should we not receive payment after seven (7) days post the completion of final work, please note that we reserve the right to temporarily remove your website from the internet without your consent or notice to you until payment has been received. The removal of such does not in any way dismiss your responsibility for settling the outstanding amounts. We will gladly reinstate your product(s) once we have received payment for the outstanding amount.
Payments not received after seven (7) days of the invoiced date will incur interest at a rate of 2% from the due date until the date of payment.
Any work that you require us to perform which falls outside the scope of the original quotation is classified as “additional work”. You will be issued with a separate quotation for any additional work as requested by you and should you accept the quotation, you are required to communicate your acceptance as per procedure outlined in Section 1.
Please note that all quotations issued for additional work are valid for a maximum of thirty (30) days from the date of issue, after which a new quotation must be issued.
You may in some instances be required to utilize third party service providers to fulfil certain services. This may include, for example, the use of an online payment processing services (PayFast, PayPal, etc).
Should you specify the requirement of these services in your client needs assessment survey, then we will integrate the set-up, configuration and functionality of these services into the scope of work. However, please take note that we will not be held responsible for any problems or issues that you may experience with the third-party service provider including their services and products . This involves issues that may arise form the third-party products or services in relation to our work.
To the greatest extent permissible by law, we will not be held responsible or liable for, and you indemnify us against, any claims, destruction, damage, liability and costs of any kind that may arise out of or in connection with products and services provided by third-party service providers. Should you need to use third-party services and have them incorporated into the development of your website, you will be responsible for the payment of these third-party products and/or services, Our quotations and invoices do not include charges for any third-party products and/or services.
In order for us to begin work, you must provide us with all relevant information (including personal information) and content( written, imagery and videography) before we start any work. During the completion of work, we may request additional information and content from you, which you are required to supply.
We will require written consent from you for the collection, processing, editing (if required) and storage of all information you provide us with. We will only use the information you provide us with for the following reasons:
- To fulfil services related to the development and completion of your website.
- To contact you regarding queries about the development and completion for your website.
You can supply us with the required content for development of your website as follows:
|Type of content||Description||Method required for submission|
|1. Written||All written content describing your business, products and/or services.||Editable format such as Word or Excel|
|2. Imagery||Any photos you want displayed on your website||Email or uploaded to Dropbox with a sharable link|
|3. Videography||Any videos you want displayed on your website||Uploaded to Dropbox with a shareable link.|
Please ensure that you check and verify all written content prior to submitting to us as we will not be held liable for any grammatical errors, spelling or other forms of content errors displayed on your website.
All imagery and videography provided must be submitted in the quality that you would like to have them displayed on your website. We may process and edit the content you provide us with to make your website aesthetically appealing or optimize the performance of your website. Please note that we will not be held responsible or liable for any quality issues or the loss of quality as a result of content processing/editing.
You are responsible for ensuring that all content provided to us:
- Does not incite hate speech, racial hatred, deformation of character of competition or acts of terrorism.
- Does not violate or infringe any copyright laws.
- Does not violate or infringe any local regulatory laws and policies.
- Is not explicit, obscene, pornographic, threatening, derogatory or defamatory.
- Does not violate or infringe any third-part y’s rights, including any intellectual property rights.
- Is owned by you, has been legally purchased or is royalty free and attribute free.
Note that we are not responsible for verifying that the content you have provided to us is compliant with the criteria above.
Should you fail to comply with the above, please take note that we reserve the right to exclude any content from our work and your website which is in violation or deemed to be non-compliant with the guidelines set out above. Furthermorem if we use any of your content in the development of your website and later find out that it does not comply with criteria above, then we reserve the right to remove it from our work immediately and without notifying you.
Please note, that unless otherwise specified by you, we may use and include royalty free and attribute free content in the development of your website to provide you with a full and complete product that is to our standards. Should you wish for these royalty and attribute free content to be excluded for your website, you must specify so explicitly requesting its removal. We will not be held responsible or liable for any claims, loss, damages, liability or costs regarding the use of these royalty free and attribute free content.
To the greatest extent permissible by law, you hereby indemnify us against any claims, losses. damages, liability and/or costs of any sort arising out of you providing us with content that does not comply with the guidelines set out above.
All intellectual property rights in and to any content provided by you, will remain with you, but you hereby grant us permission to use such content for the sole purpose of completing work related to the design and development of your webisite.
We will not be held responsible for any unauthorized changes made to our work by you or any third party acting under your instruction during and after the completion of your website. Any changes not authorized by us must be rectified by you or the appointed third party before we may resume the provision of our services.
To the greatest extent permissible by law, we will not be held responsible or be liable for, and you hereby indemnify us against any claims, losses, damages, liability and/or costs of any sort arising out of, or in connection with unauthorized changes made by you or an appointed third-party.
You are required to provide us with all of the necessary access to files, computer systems and other locations as deemed necessary by us in order to start and complete the development of yr website. These include the necessary read/write permissions, usernames, email addresses, contact numbers and passwords to cPanel portals, FTP managers, hosting server login portals, etc.
- 7.2 Domain ownership and hosting
We do directly offer the sale of hosting and domains at this time. You are therefore required to purchase your own domain and hosting package.
We do however offer guidance and services in this regard to facilitate the purchase of a domain and hosting package on your behalf. In this case, the domain and hosting service will belong to you and you will be responsible for managing payment to the respective provider over and above our fees. Payment for your domain renewal and hosting package is not included in your website maintenance fee.
You must provide us with all required access to your domain hosting providers so that we may access the facilities and platforms required to develop your website. For example, if your domain is purchased from and hosted by Afrihost, you must supply us with the information required to access your Afrihost Clientzone portal.
Please note that all information you provide us with in this regard will be kept strictly confidential and will only be used for the sole purpose of developing your website.
We develop all websites on certain software standards to ensure optimal performance and stability of your website. We use the following minimum server software specifications for developing websites:
Linux Server OS. Minimum Apache version must support PHP v5.6 and above with MySQL v5.5 and above.
- 7.3 E-commerce
Should you want to set up an e-commerce website for the online sale of products and/or services, we will be able to provide you with a solution in this regard. Our services also includes e-commerce merchant application and integration.
We will facilitate the merchant application process upon your request and provision of consent, however we cannot guarantee the success of the application or the time frame in which the application will be approved.
You will be responsible for any payments relating to the application for such services, over and above our charges.
Our e-commerce package provides you the ability to quickly set-up an online store for the sale of goods and/or services. You are responsible for providing us with the respective policies relating to the e-commerce store which includes:
- Terms and conditions policy
- Refund or exchange policy
We cam, at your request provide you with generic templates for these policies, however please note that our generic templates are in no way adapted to your specific website and does not circumvent your responsibility of seeking legal advice for developing your own policies that are specifically suited to your business and website. We will not be held responsible for any claims, losses, damages, liability and/or costs of any sort arising out of the use of our generic templates or your failure to provide us with such policies for display on your website.
If you require an e-commerce store as part of your website development, an initial set-up and activation fee will be included in your quotation. You must also choose a maintenance package in which e-commerce coverage is included since the maintenance of your store including product/service additions, changes or removals will be performed as part of the services fulfilled by the chosen maintenance package.
You will also be responsible for monitoring online purchases and orders to ensure that they are fulfilled to completion. We will provide you with the knowledge and access required to fulfill the administrative functions of your online store to ensure that you are able to complete customer orders.
- 7.4 Technical and maintenance support
We offer monthly contracts for website maintenance to ensure that your website and all related features and services are up-to-date and functioning optimally. Our maintenance services include:
- Managing updates for server software.
- Managing updates of website features and functionality.
- Testing and fixing broken website links to ensure continuous functionality.
- Major/minor content edits on existing website pages.
- Technical support including resolving issues pertaining to maintenance of your website and linked email services (if any).
- Managing continual integration of your website with third party services (if any).
Should you wish to take a maintenance package with us, please note that we will be the sole provider of maintenance services for your website. Therefore to the greatest extent permissible by law, we will bot be held responsible or liable for, and you hereby indemnify us against any claims, losses, damages, liability and/or costs of any sort arising out of any website maintenance carried out by you or an appointed third-party.
Maintenance contracts are available on a 12-month retainer and you may choose a maintenance package that suits your specific needs. You may renew your existing maintenance contract once the contractual term has expired by choosing to either upgrade or keep your existing maintenance package. Please note that cost for our maintenance packages are subject to change in response to the economy, however you will be notified of any changes at least thirty (30) days prior to the effective date of such changes.
Our maintenance contracts are not inclusive of services related to the design and development of new website pages or content generation. Any website pages and/or content generation required after completion of work stipulated in the original quotation is deemed as additional work and will be handled as per the terms discussed in Section 3.
Payment for maintenance package contracts can be made as a once-off transaction or can made on a monthly basis for which you are required to set-up a recurring EFT or debit order.
- 7.5 Continuation of services and features
Please note that your website will be designed and developed using certain services made available to us by trusted third-parties. We will use such services in the development of your website. however we cannot guarantee the continued availability or provision of these services by the third-parties.
Should a third-party discontinue or make unavailable the use of such services at any time, please note that certain features and functionalities of your website may stop working. We will not be held responsible or liable for any claims, losses, damages, liability and/or costs incurred to you as a result of any services being discontinued or made unavailable by third parties that we use.
We will however notify you when a service or feature on your website has been discontinued as a result of a third-party making their services unavailable to us. We will also, to the best of our ability seek the services of an alternate provider so that we may restore the lost functionality on your website. In this situation, please note that we cannot guarantee how long it would take to find an alternate provider or of if one will be found.
- 7.8 Design Credits
You hereby grant us permission to:
- Claim credit on all work completed by us which credits the design and development of the work to us.
- Advertise websites that we have completed for you on our website for the promotion of our services.
- 7.9 Personal information
You hereby acknowledge that any personal information you provide us with is done so voluntarily and should you choose to not provide us with such information, then it may not be possible for us to perform the services you have requested.
You are required to therefore consent to us collecting, processing and storing your personal information for the sole purpose of performing services that you have requested. You can provide your consent by signing Section 13 below. We will ensure that your information is stored and processed securely using the means available to us, however due to the advancement of illegal activity within the digital realm, we cannot guarantee full protection against hackers. Therefore to the greatest extent permissible by law, you hereby indemnify us against any claims, losses damages, liability and/or costs of any sort arising out of your personal information being accessed. stolen, edited or used for illegal purposes by hackers or cyber terrorists.
We will never sell or market the personal information you provide us with and will treat it as strictly confidential.
While we strive to provide quality service, to the fullest extent permissible by law, we will not be held responsible or liable for any claims, losses, damages. liability and/or costs of any kind arising out of, or in connection with any services provided by us, unless caused by our gross negligence or willful act or omission.
Without detracting from the generality of the limitation of liability set out above, we will not be held responsible or liable for any claims, losses, damages, liability and/or costs of any kind arising out of. or in connection with the following:
- Any post made by us on your behalf on any social media platforms
- Changes in technology, third party threats or any other advancements or software deprecation that may arise after the completion of work
- Software corruption based on security breaches, software incompatibilities due unforeseen changes in third party software .
To the fullest extent permissible by law, you hereby indemnify us against any claims, losses, damages, liability and/or costs of any kind arising out of, or in connection with any products or services provided by us.
Without detracting from the generality of the limitation of liability set out above, it is specifically stated you indemnify us against any claims, losses, damages, liability and/or costs of any kind arising out of, or in connection with any post made by us on your behalf on any social media platforms.
We will not be held responsible or liable for any violation of these terms and conditions, including a delay in start of work or failure to execute any work as a result of unforeseen events or circumstances that are not within our reasonable control.
Should you for any reason wish to terminate your subscription to our services, you must provide us with a written notice (ideally email) describing the services you want terminated. Termination of services will be effective after 3 working days after receiving your written notice.
Please notice that you will be liable to settle payment for all work completed by us up to the point of termination.
Maintenance contracts may also be terminated by providing us with 30 days written notice and will become effective at the end of the month after receiving notice of termination (if termination request is sent through after the 1st day of the current month). Please note that should you request termination of your maintenance contract before the full term of your contract has elapsed, then you will be liable to pay an early settlement fee of 30% of the remaining contract balance.
Unless specifically requested by you, we do not initiate or manage termination of services with your chosen domain and hosting service provider.
This section represents the whole agreement between you “the client” and us “Unismart Solutions (Pty) Ltd” and no addition, deletion or changes to these terms and conditions will be valid unless it is in writing and agreed upon by both parties.
These terms and conditions replace any other conditions, discussions, agreements and/or understandings between you and us regarding the subject matter of these terms and conditions
This section acts to confirm your agreement to the provide consent to collecting, processing and storing your personal information that will be used during our provision of services.
For new clients wishing to provide consent, please click here to complete our online provision of consent form.