Below is the Unari’s standard Terms and Conditions. Please take time to read through our Terms and Conditions thoroughly and ensure you understand them before you commence a project with us. By requesting designs and/or services from Unari studio trading as Unari, you agree to our Terms and Conditions and you are aware that you are entering a binding contract.
Definitions
In these Terms and Conditions, the following terms shall have the following meanings:
- Client : The company or other entity which has entered into a Contract with Unari for the provision of Services.
- Maintenance: Maintenance includes the maintenance on the code and programs and or plugins used to create a well-functioning website and excludes updates on said website.
- Updates: Updates refers to the changing of the information contained on the website.
- Plug-ins: Plug-ins are programs bought under license from third party vendors which enables specific features on website for example payment methods.
- CMS(content management system) - is a software application that enables users to create, edit, collaborate on, publish and store digital content. Example of CMS platforms include WordPress, Joomla, Drupal and etc.
1.1 General Terms
- All products remain the property of Unari, until fully paid for
- No artwork will be supplied without full payment. Proof of payment will only be accepted as soon as funds show and are cleared by banking institution.
- No graphic design, elements thereof, logo, business cards, publication material, marketing material, website design, content or intellectual property will automatically be copyrighted or trademarked.
- The client is responsible to register designs for copyright, trade mark or intellectual property at their own cost if they feel that they want to trademark or copyright a logo, brand or content. For more information about South African Trademarking or Copywriting please read more here: https://www.gov.za/services/services-organisations/intellectual-property/register-trade-mark.
- Unari is not responsible for proof reading any content supplied by the client.
- The client is responsible to thoroughly check the deliverables for accuracy, ranging from spelling to technical illustration.
- We have no walk-in offices, we fully operate digitally unless a live meeting is requested by the client.
- If a choice of creative concepts is presented, only one solution is deemed to be given by the Unari as fulfilling the contract. All other concepts remain the property of Unari and may be used for marketing materials, competitions, awards or other Clients in the future. Any use of this work project by the Client and/or their assigns is strictly prohibited. Unari also reserves the right to modify and/or resell custom designs and websites that remain unpaid by the original Client for 30+ business days.
1.2 Alterations, Revisions and Supply Content
- By supplying text, images and other data to Unari 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 Unari, the client grants Unari permission to use this material freely in the pursuit of the design and to utilise the designs in Unari’s portfolio unless agreed otherwise.
- The client agrees to fully indemnify and hold Unari 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.
- Unari may use any artwork/design for its own promotion and portfolio use.
- Copyright of all graphic design work is retained by Unari including copy, concepts, ideas, proofs and illustrations (unless specifically released in writing) until after all invoices have been settled.
1.3 Project Duration
- Any indication given by Unari of a design project’s duration is to be considered by the client to be an estimation. Unari 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 Unari. From there Unari will communicate the commencement of the project.
- If the client fails to deliver necessary content, resources, or feedback on time, deadlines and milestones (Except payment milestones) will be adjusted accordingly.
- The client’s failure to meet timelines/milestones or content obligation for a period of more than 5 working days will result in reallocation of resources and work on the project will be delayed and or may cease.
1.4 Cancelation
- If a client cancels or alters any order or part order at any time after Unari has received the order, Unari reserves the right to render additional costs.
1.5 Disclaimer
- While Unari 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.
- Any claim against Unari shall be limited to the relevant fee(s) paid by the client.
- Unari 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.
1.3 Refunds
- Once work has been initiated from our side and we have proof of execution, refunds for our graphic design services will not be permitted.
1.6 Backup
- Unari is not responsible for the backup of any final designs once supplied to the Client. After the final sign-off and delivery, backup arrangements can be quoted separately for the Client.
1.7 Payment Policy
- 50% of the total quotation fee is required before the development stars to show commitment from the other half, as we have had clients pull out in between project development. From then we can upload the project schedule to the workflow.
- The above down payment is non-refundable for cases where the project is terminated prematurely.
- Please Note this is a strict company policy.
- Monthly or retainer invoices will be invoiced by the 1st of the month and needs to be paid within seven business days thereafter. Late payment will result in 30% interest being charged to the account and a suspension of retainer services.
- Unari reserves the right to delete web sites with accounts more than 90 days outstanding payment. suspension of the hosting will be effective 10 days after a missed payment.
- All payments for emails and website hosting must be paid before the 2nd of every month.
1.8 Rush fees
If the Client requires a project completed urgently, Unari may offer special “rush rates” and the Client’s project will be moved to the front of the line, started as soon as possible, and be made a high priority task. The Client will be charged an additional 40% of the total for the project. The Client will be notified in advance of work commencing, should a rush fee apply.
1.9 Ongoing Maintenance and Support
- Maintenance does not mean “eyes on the website” all the time and issues on the website still need to be reported to Unari’s account manager.
- Hosting and website faults remain the responsibility of the hosting provider and do not fall under any maintenance agreement.
1.10 Meetings
Unless stated otherwise, meetings will be held via a video call. Kick-off meetings are included within the project scope. Should any additional meeting be requested or special presentations required, this may incur additional charges. Additional fees may apply if the Client requires meetings at their office or any other location.
1.11 Communication
The Client is urged to issue all instructions in writing and to confirm telephone instructions by email or through the WhatsApp communication line. Unari will use its best endeavours to follow instructions given verbally but shall accept no responsibility or liability for work carried out on this basis. Requests for changes to text must be made in writing. Unari cannot guarantee that textual changes requested orally will be implemented.
- 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 Unari the content required for the project, Unari reserves the right to renegotiate the cost of the project as well as the expected completion date. In such instances, Unari will request any outstanding payments to be settled before the continuation of the project.
- 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.
- Additional pages, images and revisions on projects above the scope of work agreed above will attract additional charges.
- The Client agrees to allow the Unari to add a small credit on the customer’s website. This will be in the form of a small line of text placed towards the bottom of the page. “Website by Unari”.
- The Client also agrees to allow the Unari to place websites and other designs, along with a link to the Client’s site on the Unari’s own website for self-promotional purposes, unless agreed to by both parties in writing beforehand.
- Unari 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. Unari 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 maintenance packages where Unari is responsible for updating this on your website at all times.
- Upon completion of web site build, Unari will provide the Client with opportunity to review the resulting work. Unari will make two set of minor changes at no extra cost within 14 days of submission to Client for review (‘review period’).
- Minor changes include small textual changes and small adjustments to placement of items on the page. Minor changes do not include alteration or replacement of images, colour schemes or any navigation features.
- Unari can be notified of any minor requested changes by e-mail. The Company will consider that the Client has accepted the original draft if no notification of changes is received in writing from the Client within 14 days of the start of the review period.
- The Company does not hold responsibility for any content posted on the client’s website.
- Any revisions or modifications requested to a website after the Go-Live approval will incur additional charges.
- Unari 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 Unari.
- Unari 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).
- Only if website maintenance is selected and paid for on a monthly basis, will Unari keep a backup of all Client website files.
- In the event that a Client wishes to move their website to another web server supported by another party, then Unari will cooperate fully, subject to all outstanding amounts being paid up in full, in some instances a transfer fee will be applicable.
- Unari will troubleshoot any problems reported by the Client with their email. If the problem is due to an omission by Unari then no charge will be made to the Client. If the problem is not due to an omission by Unari then the Client will be charged.
- Login details and passwords need to be kept confidential and secure. Unari 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.
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