The following Terms & Conditions are a legal and binding document, applicable to all products and/or services undertaken by Woww Digital (Pty) Ltd t/a Woww Digital, for and on behalf of any Client(s) who have duly accepted Woww Digital’s quotation(s) for any such products and/or services, and therefore authorised Woww Digital to render the aforementioned products and deliver said services.
General Terms & Conditions:
1.1. The Client must supply the Project Specifications to Woww Digital in order for Woww Digital to issue an accurate and binding quotation.
1.2. If the Client requires further assistance with the creation of a Project Specifications, Woww Digital can assist the Client. This time may be billed to the Client at the discretion of Woww Digital.
2.1. Quotations are valid for 14 (fourteen) calendar days from the documented date on the Quotation.
2.2. Quotations do not include domain name registration or hosting fees unless otherwise specified.
3.1. Upon a Client accepting the Woww Digital Quotation, the Client acknowledges that they have read and accepted these Terms and Conditions.
4.1. The Client acknowledges acceptance of the Quotation and these Terms and Conditions by paying 50% of the total quoted South African Rand (ZAR) value as a deposit to Woww Digital’s stipulated bank account details as provided on the Invoices. Clients can be billed in other currencies if agreed by both parties.
4.2. Products and/or services as described in the Quotation will only commence, once the Client’s deposit has been confirmed as received by Woww Digital.
4.3 Woww Digital commit to work expeditiously to complete the quoted products and/or services within the Project Specifications and time-frames indicated as per the Quotation(s).
4.4. Woww Digital can not be held responsible for delays outside of their control, including but not limited to equipment failure, Third Party Hosting Services, and internet connections.
4.5. Woww Digital endeavour to make websites that perform well in up to date, current major browsers (Google Chrome, Firefox, Safari, Microsoft Edge), but can not guarantee backward compatibility (i.e. functionality on older or obscure devices and software).
5.1. Deposit(s) are non-refundable unless Woww Digital, at their sole discretion decide otherwise. The decision by Woww Digital is based on the factors surrounding the project in question and is non-negotiable.
6.1. Required documentation refers to any and all information necessary for the timeous commencement and delivery of products and/or services as described in these Terms and Conditions and indicated by the Project Specifications. This includes all material such as, text copy, product details, pictures, videos, company profiles, et cetera.
6.2. The Client is to provide all Required Documentation electronically to Woww Digital, to initiate work on aforementioned quoted products and/or services, unless they are to be created as part of the project.
6.3. The Client’s quoted and accepted products and/or services will only be queued and allocated accordingly, after compliance with Terms & Conditions 6.2. unless agreed otherwise in writing.
6.4. If the Client does not supply Woww Digital with the Required Documentation within 20 (twenty) calendar days from Invoice date, the entire amount of the Agreement becomes due and payable, should the Client choose to continue the Agreement with Woww Digital.
6.5. If the Client still has not submitted or provided all the Required Documentation within 45 (forty-five) calendar days from Invoice date, an additional continuation fee of 15% of the total Quotation(s) will be billed for each month until the quoted products and/or services are completed.
7.1. The Client has to ensure they have the Copyright for all material supplied.
7.2. Woww Digital, employees, independent contractors, affiliates, agents, agencies or any associates involved in a Client’s products and/or services, will not be liable or held responsible for any Copyright disputes.
7.3 If and when Woww Digital are informed that material was provided without the required Copyright, illegal content will be removed immediately and the Client will be billed with the cost thereof.
7.4. Woww Digital does not take any responsibility for any and all content supplied from the Client without proper Copyright whatsoever.
8.1. Unless otherwise specified in the Quotation, the Client shall supply all Graphic Images to be published in accordance with the specified products and/or services.
8.2. Graphic Images (including but not limited to artwork and logos) supplied by the Client, must be of high digital quality and applicable format. The format can be confirmed with the Woww Digital team as required.
9.1. Photographs supplied by the Client must be of high digital quality and applicable format.
10.1. Woww Digital does not offer any printing products and/or services, therefore Woww Digital take no responsibility for print or Printing errors.
10.2. Completed graphic design, logo, or any artwork by Woww Digital will be e-mailed to the Client, and the Client will enter into an agreement directly with the printer of their choice.
10.3. To ensure colour and print quality, it is the Client’s responsibility to request a colour proof from their printers.
11.1. Hosting via Woww Digital
11.1.1. Hosting via Woww Digital allows for allocated disk space and traffic brandwidth limited to that Hosting package. Disk over-usage will be charged at the appropriate rate at that time, Invoiced to the Client’s account and must be paid within 14 (fourteen) calendar days after Invoice date thereof. Overage pricing/rates are explained on the quotes.
11.1.2. Monthly Hosting & Yearly Domain Fees must be paid on or before the last working day of each month, unless committed to payment by means of a stop order payment, in which instance the last calendar day is applicable.
11.1.3. Hosting fees are payable from date of domain registration, transfer to Woww Digital hosting and if applicable, from start of website development by Woww Digital.
11.1.4. Payments not received by the 1st of each month automatically suspends the Client’s Hosting service, thus risk deactivating the Client’s website. This is can be waved at the sole discretion of Woww Digital, without giving up any rights as per the terms and conditions.
11.1.5. A reactivation fee, at the appropriate rate at that time, will be billed to the Client, based on time spent correcting the suspended account.
11.1.6. Hosting fees not received for 3 consecutive calendar months irrevocably terminates the linked website with the host. The Client’s domain registration remains for the balance of the yearly domain fee paid, but no software, design and/or development work associated with the domain is recoverable by reactivation hereafter.
11.1.7. Woww Digital reserves the right to suspend the Client’s services due to non-payment and charge fees, at the appropriate rate at that time, on all arrears in accordance with these Terms and Conditions.
11.1.8. Hosting cancellations are only accepted in writing or e-mailed to email@example.com, on or before the 1st of the new month as it carries a calendar month notice period.
11.1.9. All outstanding payments must be paid up to date before the Client’s Hosting services will be terminated with Woww Digital, thus enabling release to transfer to a Third Party Hosting Service Provider.
11.1.10. Woww uses the world’s leading WordPress host, WP Engine. Woww Digital cannot be held liable for downtime or loss due to technical faults from the servers due to hacks, technical errors, electricity outages etc.
11.1.11 Should there be any website downtime, due to reasons outlined in 11.1.10, Woww Digital will do everything they can to resolve the situation. If there are credits passed on from WP Engine, this will be shared with the clients.
11.1.12 Should the hosting be cancelled as outlined in 11.1.8, the onus will be on the client to migrate/transfer the site and all its content. Should the client prefer that this be managed by Woww Digital, this can be arranged. Time spent by Woww Digital will be billed to the client.
11.2. Hosting via a Third Party Service Provider.
11.2.1. If the Client uses a Third Party Service Provider, the Client will enter into an agreement directly with that Third Party Service Provider.
11.2.2. Woww Digital will not be held liable or have any responsibility for the Client’s Hosting Services via a Third Party Service Provider as we do not have control over the status of hosting, domain renewals or e-mail when not hosted with Woww Digital.
11.2.3. All technical aspects of websites must be referred to the Client’s Third Party Hosting Service Provider.
11.2.4. Woww Digital will however assist the Client upon request with Third Party Hosting Service Provider(s). This time may be billed to the Client at the discretion of Woww Digital.
Search Engine Optimization (SEO).
12.1. Woww Digital can not guarantee search positions or rankings of websites, but include Search Engine Optimisation (SEO) in the form of Google webmaster tools submission, google analytics integration, meta tags and descriptions, structure and basic content recommendations for all websites developed. Woww Digital can assist with the Client’s SEO if and when required and will issue the Client a Quotation accordingly.
13.1. Woww Digital will load up to 10 products on the website on the Client’s behalf. However, the Client will be able to load unlimited products subject to fair usage of the hosting package.
13.2. Should the Client require Woww Digital to load more than the aforementioned 10 loaded products, Woww Digital will issue the Client a Quotation accordingly.
Balance of Payment.
14.1. The Client is required to e-mail the Proof of Payment to Woww Digital.
14.2. All work remains the property of Woww Digital until the full and final payment is received.
15.1. Activation of the Client’s website is conditional to the Terms & Conditions 14 above.
15.2. The Completion Date of a project is affected by feedback and received content from the Client. Time-frames will be adjusted within reason, notwithstanding these Terms & Conditions.
16.1 Additional Work requested and agreed to, or any other work in progress for the Client’s website after the Completion Date of the original Agreement, will be billed in accordance to these Terms and Conditions, quoted and agreed to.
16.2. All payment(s) and time-frame(s) as set out in these Terms and Condition shall apply.
16.3. Scope creep will not be tolerated, and setting clear goals, objectives and specifications in the initial negotiations and Project Quote with Woww Digital remain the responsibility of the Client.
16.4. Woww Digital may suggest Additional Work for the Client’s project, including but not limited to graphic design, software etc. to enhance the Client’s website functionality and appearance, and reserves the right to do so free of charge or Woww Digital will issue the Client a Quotation accordingly.
17.1. The Client may request that Woww Digital access their website’s Content Management System to make requested changes. Upon doing so, the Client indemnifies Woww Digital from any changes made by the Client or any third party to the website, which includes but is not limited to any content changes, software updates, added software, or loss of information.
17.2. Woww Digital commit to respond to any technical error, which may be the result of their Hosting services, design software or any plausible fault, omission or neglect on their part within this agreement within a reasonable time period, as soon as Woww is able.
Invoices and Statements.
18.1. Woww Digital is not a credit service provider and does not grant any credit facilities whatsoever.
18.2. Client Statements and accounts does not imply negotiable payment terms, and are issued in accordance with the nature of Woww Digital being a month-to-month service provider.
18.3. All Invoices are billed to the Client’s account and e-mailed to the Client in accordance with these Terms and Conditions, and payments made by the Client are allocated to Invoices on the Statement upon Woww Digital having confirmed receipt of said funds.
18.4. Invoices, corresponding payments received, and due balances will reflect on the Client’s Statement.
18.5. Due to the nature of the business, additional Client Statements will be issued and e-mailed for all overdue balances and additional fees Invoiced as required.
19.1. Telephonic, Skype or e-mail queries will be responded to free of charge for confirmed Clients according to Terms & Conditions 4.1.
19.2. Meetings and consultations will be charged at the discretion of Woww Digital, in accordance to these Terms and Conditions, quoted and agreed to.
20.1. Failure to comply with these Terms and Conditions regarding payments and fees will result in legal action from Woww Digital’ legal representative(s), and the full outstanding balance becomes payable.
20.2. All legal costs resulting of non-payment will be accrued to the Client’s outstanding balance.
21.1. Should the Client cancel the project at any time, all fees up to that point of work will be calculated. Any amount greater than the 50% deposit will be billed to the Client. This is payable within 14 (fourteen) calendar days of Invoice date.
21.2. Woww Digital will only refund Client’s amounts paid, for products and/or services not delivered in accordance to the initial Agreement(s), or balance thereof in accordance to Terms & Conditions 21.1.
21.3. Hosting and Domain Fees are non-refundable, as these are paid in advance.
21.4. Woww Digital reserves the right at its discretion to cancel this Agreement should the Client breach any of the Terms and Conditions stated herein.
22.1. Woww Digital will not be held liable for any viruses, hacking, malicious content or any Security breaches pertaining to any third party applications or to the Client’s website.
22.2. Woww Digital’ Hosting service provider may at any time suspend a domain should any viruses or malicious content be exposed through hacking or security breaches to any third party application or website.
23.1. Woww Digital reserves the right to make changes to these Terms and Conditions at any time without prior consent of any or all of their Clients, employees, independent contractors, affiliates, agents, agencies or any other third party agreements.
23.2. These Terms and Conditions are legally binding in accordance with the publishing date hereof, as incorporated on Woww Digital’s own website.
(POPIA – Protection of Personal Information Act)
Woww Digital (Pty) Ltd (registration number 2016/481610/07) is a WordPress specialised digital agency based in Cape Town, South Africa. We offer expert WordPress services including: WordPress Web Design, SEO, E-commerce, Hosting, Online Marketing and Digital Design services.
This policy applies to you if you are:
- a visitor to our website
- a customer who has ordered goods or services that we provide
- a supplier or partner
- An employee or contractor
All terms of the policy must be accepted when you order or use any of our goods or services, or our website. You may not order or use any of our goods or services, or our website if you do not accept this policy.
By accepting this policy, you are deemed to have read, understood, accepted, and agreed to be bound by all of its terms. You may only provide us with your own personal data, or the personal data of another data subject where you have permission to do so.
3. Information we collect
We collect the following types of information:
- Name / Organisation Name
- Contact details (email address , phone number)
- Customer Billing Information
- Other relevant information to deliver our services accordingly
4. How we collect information
We collect information directly from you, as well as automatically from you through the use of our services:
Information collected directly: Information such as your name, contact details, billing information are typically collected directly from you. You have full control over how much information you get to share with us.
Information collected automatically: When you use or interact with our site and services, we receive and store information generated by your activity such as analytics data and other information automatically collected from your browser.
Consent to collection
We will obtain your consent to collect personal data:
- In accordance with the applicable law
- When you provide us with personal information / optional information directly via our website or various communication platforms
5. Use of your personal information
We require your personal information to understand your needs and provide you with a better service, and in particular for the following reason:
- Internal record keeping and administrative purposes
- Provide new Woww Digital Services to you
- Respond to your request, inquiries, comments or concerns
- Improve product and service offerings
- For advertising and promotional purposes of our products and services
We may share your personal information with:
- Our suppliers / service providers who provide us with goods and services, assisting us with parts of our business operations.
- Other 3rd parties who provide us with relevant services where necessary.
- We do not share any information to 3rd parties in relation to marketing services
We are committed to ensure that your personal information is protected, therefore security measures have been put in place to secure and safeguard the information we collect online and elsewhere. Security audits and risk assessments are performed when necessary in order to ensure that risks facing your personal information are managed appropriately.
9. Your legal rights
You have the following rights under data protection laws in relation to your personal information, which include:
- Request access to your personal information
- Request correction of your personal information
- Request deletion of your personal information
- Object the processing of your personal information
- Request restriction of processing your personal information
- Request the transfer of your personal information
If you wish to exercise any of these rights, please contact us.
10. Accurate and up to date
We strive to keep the personal data we collect as accurate, complete and up to date as possible. You are able to review or update any personal data that we hold on you by contacting us.
Your personal information will be retained for as long as necessary to fulfill the purpose we have collected it for, including for the purpose of satisfying any legal, accounting or reporting purposes.
13. Data Breaches
We will notify our customers of any confirmed data breaches that have occurred.
We are not responsible for, give no warranties, nor make any representations in respect of the privacy policies or practices of linked or any third-party websites.