Terms & Conditions

Terms & Conditions

Terms and & Conditions

This document outlines the terms and conditions that govern our working relationship. By placing an order with Phylls Digital (Pty) Ltd, it is understood that both parties must agree in writing to any exceptions. This confirms your agreement and adherence to the following terms and conditions:

Service you can Trust

At Phylls Digital (Pty) Ltd, we are committed to providing our clients with a top-notch web service. Our range of services includes web design and development, mobile application development, hosting, domain registration and renewal, maintenance, online advertising management, search engine optimisation, social media marketing, and graphic design. We strive to deliver a professional experience to our clients.

Authorisation

The client authorises Phylls Digital Services to perform the services outlined in this agreement on the client's behalf, which may include, but is not limited to, registering their domain, accessing their hosting account and disk space, creating databases and applications, managing their online advertising, and submitting their project to search engines.

Agreement Scope

The services provided, along with their associated costs and rates, are strictly defined by the terms outlined in the service package agreement. Additional services will necessitate an extra agreement. We have a comprehensive agreement that includes a wide range of services. If the client does not use all the services included in the complete package, they will still be responsible for paying the full amount for the package.

Production Schedules

Production schedules will be established and adhered to by both the client and Phylls Digital. Where production schedules are not adhered to by the client, the final delivery date or dates will be adjusted accordingly. Additional costs may be charged for client delays if the delays result in an increase in time to manage or deliver the services.

Payment

The client is responsible for making payments to Phylls Digital Services as outlined in the terms provided in each proposal or estimate. The client is expected to make payment upon signing the agreement. If Phylls Digital does not receive payment for any invoice, it may suspend the website and related materials or decline to complete and deliver the work until outstanding balances are settled. Phylls Digital will hold any materials or property owned by the client, along with the completed work, as security until settling all rightful claims against the client.

Costs and Fees

Changes and additions outside of the scope of this document will be quoted and invoiced to the client. The client will be advised of all costs, changes, and additions before commencement of the additional work. Fees for professional services do not include outside purchases such as, but not limited to, software licencing, copyright licencing, photography, colour printouts, illustrations, or courier service. We itemize additional expenses on each invoice.

Confidentiality

At Phylls Digital Services (Pty) Ltd, we prioritise the confidentiality of our clients' information. We are committed to not sharing or using any confidential knowledge or information obtained during the fulfilment of our agreement for any purpose other than what is specified in the agreement. This includes any secret or confidential information related to the client's business, equipment, processes, products, services, or business strategies. Phylls Digital Services is no longer obligated to keep information confidential if it is legally obligated to disclose it or if it becomes publicly known through means other than a breach of its confidentiality obligations under this Agreement.

Promotions

Phylls Digital Services is confident that the client’s expectations will be exceeded, and as such, it is notifying the client that Phylls Digital Services reserves the right to use the client’s website, associated graphics, and any unused ideas and developments in the promotion of Phylls Digital Services or any design competitions. The client agrees to allow Phylls Digital to retain a credit and link from the footer of the website.

Copyright

The client must handle all necessary clearances for trademark, servicemark, copyright, and patent infringement. Before publication, the client must handle any necessary legal clearances for the materials used by Phylls Digital Services. The client is responsible for any loss or damage that may occur due to the unauthorised use of photographs, text, or other intellectual property that is not owned by the client.

Ownership /Project Copyright

Phylls Digital Services reserves all rights over working source files and databases and owns full ownership of the website and design. The client will not have access to the control panel, database, or FTP unless otherwise agreed to.

Unforeseeable circumstances

Phylls Digital Services shall not be deemed to be in breach of this Agreement if Phylls Digital Services is unable to complete the Services or any portion thereof by reason of fire, earthquake, labour dispute, death, illness, or incapacity of Phylls Digital Services or any local, provincial, national, or international law, governmental order, or regulation, or any other event beyond Phylls Digital Services's control (collectively, “unforeseeable circumstances”). Upon the occurrence of any unforeseeable circumstances, Phylls Digital Services shall give notice to the client of its inability to perform or of delay in completing the services and shall propose revisions to the schedule for completion of the services.

Termination /Cancellation

Phylls Digital Services has the right to terminate this agreement by providing written notice within 30 days of termination. The agreement can be terminated by the client with a written notice of 30 days. The client is responsible for making the final payment within the 30-day notice period, as well as settling any other outstanding balances. The client is responsible for covering any legal fees that may arise due to a default in payment.

Domain Names

The client legally owns all domain names. All domain name registrations are subject to availability and registration rules. Phylls Digital Services will manage the domain name(s) on behalf of the client unless the client requests in writing that the client manage their own domain(s) and payment of fees.

Hosting

Phylls Digital Services is pleased to provide the recommended hosting package for the client's project. The monthly or yearly cost will vary depending on the specific package you choose. As the website continues to expand and attract more visitors, it is important to note that any excess usage will incur charges. Traffic will be billed per GB, while disk space will be billed per 20mb. If the client chooses to use their own hosting provider, it will be their responsibility to reach out to the chosen host for any support regarding hosting matters. They should also ensure that Phylls Digital Services has the necessary hosting environment for the project. Phylls Digital Services will include charges for any expenses associated with communicating with the hosting company and providing support to the client for hosting-related matters. Phylls Digital Services may apply additional charges if installation and management take longer than the standard time frames due to differences in the hosting environment.

Browser Variance

Our websites are optimised for XHTML-compliant browsers and adjusted to support the latest versions of Google Chrome, Opera Mini, Mozilla Firefox, and Internet Explorer (IE). We test using the browsers that are statistically the most commonly used. Layout and aesthetic elements may change or degrade in some browsers.

Testing and Acceptance of the Website

Once the project has, in the opinion of Phylls Digital Services been completed, Phylls Digital Service will notify the client either verbally or in writing and provide the client with an opportunity to test and review the website. If the client determines that the website does not comply with the project components agreed to in this document, Phylls Digital Services agrees to carry out any necessary and reasonable modifications.

Client Responsibilities

If the client or an agent of the client other than Phylls Digital Services attempts to update, edit, or alter the site’s template, infrastructure, source files, or hosting management in a way that causes damage to individual pages or the site’s architecture, the time to repair web pages will be assessed at our standard or overtime hourly rate and is an additional cost above the costs outlined in the agreement.

Errors and Omissions

Phylls Digital Services takes great care to ensure accuracy in all aspects, including spelling, technical illustrations, and maintaining an error-free environment.

Updates/Changes

Phylls Digital Services provides monthly and quarterly maintenance as outlined in the service package agreement. Phylls Digital Services promptly addresses any maintenance work within 48 working hours after receiving instructions from the client.

Copy

All text must be supplied in a digital format that can be copied and pasted. Phylls Digital Services will not re-type or type out any text found in any non-editable file format.

Images

Please provide graphics and photographs in a digital format via email, file transfer, or flash drive. Please ensure that the file size of each photograph does not exceed 10mb (unless by prior arrangement). There will be an additional charge for larger files, as they require more time to process.

Fraud/Scam

If there are any allegations against the client regarding illegal activity on the website, e.g., using the website to scam users or fraud clients, Phylls Digital Services will have the right to terminate the website with immediate effect. It is the client's responsibility to provide Phylls Digital Services with proof that such allegations are false before the website is activated again.