Terms and
conditions

The Terms and Conditions listed below are a legal and binding document, applicable to all products and/or services under taken by 1Pulse Ignite (Pty) Ltd/1Pulse Digital, for and behalf of any client(s) who have duly signed 1Pulse Digital quotation(s) for any such products and/or services, therefore authorising 1Pulse Digital to render the aforementioned products and deliver said services.

Project specifications

  • The client must supply project specifications to 1Pulse Digital in order for 1Pulse Digital to issue an accurate and binding quotation.
  • 1Pulse Digitals’ project specifications form are available to download, complete and submit to 1Pulse Digital.
  • If the client requires further assistance with creating project specifications, 1Pulse Digital are willing to assist the client. This time may be billed to the client at the discretion of 1Pulse Digital.
  • Any additional work (Terms and Conditions 19.) must be supplied as additional project specifications.

Quotations

  • Quotations are valid for 10 (ten) calendar days from the documented date on the quotation.

Acknowledgement

  • Upon the client signing the 1Pulse Digital quotation, the client acknowledges that they have read and accepted these Terms and Conditions.

Agreement

  • The client acknowledges acceptance of the quotation and these Terms and Conditions by paying 40% of the total quoted South African Rand (ZAR) value as deposit to 1Pulse Digital stipulated bank and account details as provided.
  • Products and/or services as described in the quotation will only commence, once the client’s deposit has been confirmed as received by 1Pulse Digital.
  • 1Pulse Digital commits to work expeditiously to complete the quoted products and/or services within the project specifications and time-frames indicated as per the quotation(s).
  • In order for 1Pulse Digital to deliver these products and/services within the time-frames, the client’s co-operation is paramount.
  • 1Pulse Digital will not be held responsible for delays outside of their control, including but not limited to equipment failure, Third Party Hosting Services and internet connections.
  • 1Pulse Digital endeavour to make websites that perform well in current major browsers, but can not guarantee functionality on older devices and software.

Deposit

  • Deposit(s) are non-refundable and non-negotiable.
  • Should the client pay more than the required 30% deposit, the balance is refundable within 10 (ten) calendar days should the agreement be terminated by either party.

Required documentation

  • 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.
  • The client is to provide all required documentation electronically to 1Pulse Digital, within 10 (ten) calendar days after the invoice date confirming the received deposit.
  • If the Client does not supply 1Pulse 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 1Pulse Digital.
  • 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 20% of the total Quotation(s) will be billed for each month until the quoted products and/or services are completed.

Copyrights

  • The client has to ensure they have the Copyright for all material supplied.
  • 1Pulse 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.
  • If and when 1Pulse 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.
  • 1Pulse Digital does not take any responsibility for any and all content supplied from the Client without proper Copyright whatsoever.

Graphics, photography and written content

  • Unless otherwise specified in the quotation, the client shall supply all content wording and graphics to be published in accordance with the specified products and/or services.
  • Graphic Images (including but not limited to artwork and logos) supplied by the client, must be of high digital quality and applicable format.
  • Photographs supplied by client must be of high digita quality and applicable format.

Printing

  • 1Pulse Digital does not offer any. printing products and/or services therefore 1Pulse Digital will not take responsibility for print or printing errors.
  • Completed graphic design, logo, or any artwork by 1Pulse Digital will be e-mailed to the client, and the client will enter into an agreement directly with the printer of their choice.

Website Hosting

  • Monthly hosting and 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.
  • Hosting fees are payable from date of domain registration or transfer to 1Pulse Digital.
  • Payments not received by the 5th of each month will automatically suspend the client’s hosting service, thus deactivating the client’s website and linked e-mail accounts.
  • A reactivation fee, at the appropriate rate at that time, will be billed to the client.
  • Hosting fees not received for 2 consecutive calendar months irrevocably terminates the linked website and associated e-mail accounts 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.
  • 1Pulse 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.
  • Hosting cancellations are only accepted in writing, e-mailed to daniella@1pulse.co.za, on or before the 1st of the new month as it carries a calendar month notice period.
  • All outstanding payments must be paid up to date before the client’s hosting services will be terminated with 1Pulse Digital, thus enabling release to transfer to a Third Party Hosting Service Provider.
  • The client has to provide 1Pulse Digital with their Cpanel, FTP and database details to upload onto 1Pulse Digital software.
  • If the client uses a Third Party Service Provider on 1Pulse Digital recommendation, the client will enter into an agreement directly with that Third Party Service Provider.
  • 1Pulse 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 1Pulse Digital.
  • All technical aspects of websites must be referred to the client’s Third Party Hosting Service Provider.
  • 1Pulse 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 1Pulse Digital.

Search Engine Optimisation (SEO)

  • 1Pulse 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. 1Pulse Digital can assist with the client’s SEO if and when required and will issue the client a quotation accordingly.

E-Commerce

  • 1Pulse 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.
  • Should the client require 1Pulse Digital to load more than the aforementioned 10 loaded products, 1Pulse Digital will issue the client a quotation accordingly.

Balance of payment

  • The client is required to email the proof of payment to 1Pulse Digital.
  • All work remains the property of 1Pulse Digital until full and final payment is received.

Completion Date

  • Activation of the clients website or design is due once final balance has been made.
  • The completion date of the project is affected by feedback and received content from the client. Time-frames will be adjusted within reason, notwithstanding these Terms and Conditions.

Additional work

  • 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.
  • All payment(s) and time-frame(s) as set out in these Terms and Condition shall apply.
  • Scope creep will not be tolerated, and setting clear goals, objectives and specifications in the initial negotiations and Project Quote with 1Pulse Digital remain the responsibility of the Client.
  • 1Pulse 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 1Pulse Digital will issue the client a quotation accordingly.

Service Agreement

  • The client may request that 1Pulse Digital access their website’s Content Management System to make requested changes. Upon doing so, the client indemnifies 1Pulse 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.
  • 1Pulse 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 1Pulse Digital is able.

Invoice and statements

  • 1Pulse Digital is not a credit service provider and does not grant any credit facilities whatsoever.
  • Client statements and accounts does not imply negotiable payment terms, and are issued in accordance with the nature of 1Pulse Digital being a month-to-month service provider.
  • 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 1Pulse Digital having confirmed receipt of said funds.
  • Invoices, corresponding payments received, and due balances will reflect on the client’s statement.
  • 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.

Consultations

  • Telephonic, Skype, Zoom, Microsoft Teams or e-mail queries will be responded to free of charge for confirmed clients.
  • Meetings and consultations will be charged at the discretion of 1Pulse Digital, in accordance to these Terms and Conditions, quoted and agreed to.

Legal costs

  • Failure to comply with these Terms and Conditions regarding payments and fees will result in legal action from 1Pulse Digital’ legal representative(s), and the full outstanding balance becomes payable.
  • All legal costs resulting of non-payment will be accrued to the client’s outstanding balance.

Cancellations

  • 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 30% deposit will be billed to the client. This is payable within 14 (fourteen) calendar days of Invoice date.
  • 1Pulse 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.
  • Hosting and Domain Fees are non-refundable, as these are paid in advance.
  • 1Pulse Digital reserves the right at its discretion to cancel this agreement should the client breach any of the Terms and Conditions stated herein.

Security

  • 1Pulse Digital 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.
  • 1Pulse 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.

General

  • 1Pulse 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.
  • These Terms and Conditions are legally binding in accordance with the publishing date hereof, as incorporated on 1Pulse Digital’s own website.