Below is MSite Studio’s standard terms and conditions. Please take the time to read through our Terms and Conditions thoroughly to ensure you understand them before you commence a project with us. By requesting any of our services from Pacific MSite Studio you agree to our terms and condition and are aware that you are entering a binding contract.
By using our site, whether as a guest or a registered user, you confirm that you accept these terms and that you agree to comply with them. Use of our site includes accessing, browsing or registering to use our site.
CHANGES TO THE TERMS
The terms and conditions may be changed at any time at our discretion. Your use of our site after such changes are implemented constitutes your acknowledgement and acceptance of the changes. Please consult the terms and conditions regularly and take note of any changes We have made.
CHANGES TO OUR SITE
We may update and change the content of Our Site from time to time. However, please note that the information on Our Site may be out of date at any given time and We are under no obligation to update it. Continued use of Our Site affirms your consent to the current Terms.
MSite Studio reserves the right to request a deposit from the Client prior to starting work on their project. A deposit of 50% of the amount quoted will be required before any work will commence, with the remaining balance to be paid on collection. Should a quotation initially be accepted and signed by the Client and MSite Studio does not receive any correspondence from the Client within a period of 2 weeks, their deposit will be forfeited. Unless it is unsatisfactory work done. Unsatisfactory work is described as work delivered at a sub-standard quality and not according to the outline defined and agreed upon by MSite Studio and the client. No projects such as but not limited to digital artwork, software, hardware or websites will be delivered to the Client until full payment has been made and cleared. Customer relationship management (CRM) systems will activate once full payment is received. Payment is strictly COD (cash on Delivery) or EFT on completion and approval of the work. No credit terms are available unless prior written permission has been granted by MSite Studio prior to commencement of the work.
All prices and related information provided within the quotation are exclusively intended for the client and are confidential. All quotations provided are valid for a period of ten (10) days. Quotations may be subject to change if additional work is required. Quotations that are accepted and declined thereafter without payment of a deposit, the Client can be charged an admin fee of R100 / $10 at the discretion of MSite Studio.
The Client is held responsible for approving all Artwork proofs and ensuring accuracy and suitability. This includes, but is not limited to; spelling, grammar, images, design, quantity, illustrations. It is the Client’s responsibility to request another copy of the proof if it proves too difficult to read or changes are required. Final proofs must be signed and dated by the Client before any digital publication can initiate.
We will require the following deliverables from the client: Provide assets (logos, text etc.) from which to produce the content Provide all content Review and approve off designs Review & approve off page structure
The Client agrees to allow MSite Studio to add a small credit on the Client’s website. This will be in the form of a small line of text placed towards the bottom of the page. The Client also agrees to allow MSite Studio to place the Client’s website and other designs, along with a link to the Client’s site on MSite Studio own website for self-promotional purposes, unless agreed by both parties in writing beforehand. Upon completion of the Client’s website build, MSite Studio will provide the Client with the opportunity to review the resulting work. MSite Studio will allow one set of minor changes at no extra cost within 7 days of submission to Client for review. Minor changes include small textual changes and small adjustment placements of items on the page. Minor changes do not include alteration or replacement of images, colour schemes or any navigation features. All websites will remain the property of MSite Studio until full and final payment has been received from the Client.
TERMINATION & VARIATION
MSite Studio reserves the right to charge additional costs if the Client requests any amendments to the original brief. If the Client requests a cancellation of the project, MSite Studio will determine the cost of Artwork and Services provided. The Client will be invoiced this amount minus any deposits paid on the project to date. MSite Studio will declare a project completed if no response is received from the Client within 21 days of providing a concept Artwork and this Artwork will be determined as the final accepted Artwork & 180 days for CMS Systems from the time of initial deposit payment, any deposit or work done by Msite Studio will be forfeited if the website has not been finalized within the 180 period, due to lack of material or communication provided by the customer. If the current project is not completed MSite Studio will then invoice the Client for final payment of the total project and non-payment will result in collection processes. Legal action may also be taken by MSite Studio to recover all monies owed.
OWNERSHIP / COPYRIGHT
All work and ownership of copyright over all concepts and draft Artwork remains with MSite Studio. This includes, but is not limited to; logos, symbols, illustrations, website, scripts, developments and compositions. Unlawful use of our work by the Client is strictly prohibited. The use of artwork prior to payment is illegal. The Artwork designed will remain the property of MSite Studio until the Client has paid in full. Upon full payment by the Client, copyright ownership will be transferred to the client. MSite Studio and their Designers retain the right to utilise the work and all design elements for portfolio and self-promotion. MSite Studio does not take any responsibility for trade marking of any kind. Open Source Development ownership and licensing subject to the GPL, BSD/APACHE, LGPL or alternatives where applicable. It is the Client’s responsibility to check trade marking laws and existing Trademarks for availability.
LATE OR NON-PAYMENT FOR EXISTING CLIENTS
While making allowance for delays in transfers between financial institutions, please ensure that payment reflects on MSite Studio's bank statement by the 1st date of every month to ensure the continuation of your Hosting services. VCS payments or direct deposits will reflect immediately on our bank statement. All invoices are sent on the 20th of each month, simultaneously with SMS notification. PLEASE NOTE: All Invoices that are not paid by 1st of the month will face temporary suspension of services by our automated systems.
• To avoid suspension and the subsequent termination of services resulting in the possible loss of valuable web content and emails, we strongly advise you to arrange for timely payment into MSite Studio's account.
• All invoices are sent on the 20th of each month, simultaneously with SMS notification.
• Suspension will prevent access to your website and email.
• A notice will be placed on your website, indicating that the site has been suspended.
• Remember short payments and late payments will affect your credit record negatively.
• Back-ups of web content and emails are not guaranteed.
• MSite Studio will accept no responsibility for any loss of data or transactions during this period.
• Should your hosting services be suspended due to late payment, the application for the renewal of services is subject to a reactivation fee of R 650 / $ 65.
MSite Studio reserves the right to charge interest on late payments at the prime interest rate of South Africa + 5% compounded on a daily basis.
Should the Client for any reason delay the supply of information necessary for completion of the work, as accepted in the quotation, for a period exceeding 20 days, the client will be invoiced in full for work completed to that date. Our quotes are valid for 30 Days. Payments for all invoices are due through EFT or COD basis. A certain allowance is made for scope creep in a project. Scope creep is defined as any functionality not clearly defined in the specifications and requirements received for the project and that will have effect on the final delivery of the project. If a significant amount of scope creep takes place and deemed necessary by MSite Studio a halt will be called to the project and a re-costing will take place. The project will continue once the costing has been signed of and agreed upon. All material and content created by the client remains the sole property of the client and is treated with the utmost confidentiality.
Limitation of liability
IN NO EVENT WILL Pacific Beach Trading (MSite Studio), ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEBSITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT Pacific Beach Trading (MSite Studio) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
MSite Studio's Specific Terms go into more detail and address specific issues around our hosting packages (Web Hosting, Managed Dedicated, and TruServ Dedicated), e-mail and domain names. These terms must be viewed as an extension of our General Terms. Pacific Beach Trading (Registration No: 2007/020256/23) ("MSite Studio") is a web development, software development, graphic design, it services and web hosting service provider that offers a range of services to its customers. MSite Studio provides the services to its customers subject to the MSite Studio Terms and Conditions.