fbpx

Business Terms


For ease of expression, Limenco CC is referred to as "Limenco Design". The Client is referred to as "the Client" and the full extent of the services and deliverables to be provided by Limenco Design and the Client are collectively referred to as "the Project".

Project Responsibility

  1. Limenco Design and the Client acknowledge that the success of the Project is the joint responsibility of both parties. Failure by either party to fulfil it's obligations may impact the other's ability to meet it's own obligations on the Project.
  2. Limenco Design and the Client recognizes that they must both use all reasonable endeavors to meet agreed deadlines.
  3. Limenco Design may appoint sub-contractors at their own discretion to assist in meeting its obligations on the Project.
  4. Limenco Design will agree with the Client that where it's needs for appropriate involvement of Client personnel, reasonable working accommodation, communications and access to equipment and information, such shall be made available.

Confidentiality

  1. During the Project the Client is likely to have access to the confidential information of Limenco Design, including (but not limited to) Limenco Designs past, present and future research, products, services, development, technical knowledge, and business activities. Similarly Limenco Design is likely to have access to the confidential information of the Client.
  2. Accordingly, each party (the "Recipient") agrees and undertakes in favor of the other party ("the Protected Party") that this confidential information of the Protected Party may be used by the Recipient only in connection with the Project and will be kept in the strictest confidence and will not be disclosed to any third party except with the prior signed written approval of the Protected Party or pursuant to a court order, directive or subpoena issued by any competent court or authority. The Client agrees that the Memorandum of Agreement (including annexes) constitutes confidential information of Limenco Design as contemplated in this paragraph.

Scope of Project

  1. The scope of the Project is described in the Memorandum ("the invoice" and or "the proposal") of Agreement. With the understanding that elements of the scope may necessarily change over time, Limenco Design will have no obligation to proceed with any change proposed by the Client until the cost and schedule impact has been agreed upon. Limenco Design will develop the cost and schedule impact of proposed changes within a reasonable period of having receiving instructions from the Client. If the project is reliant on the Client facilities, personnel or skills, Limenco Design reserves the right to treat absences of such as a proposed change in scope even if caused by circumstances beyond the Clients control.

Intellectual Property Rights

  1. Limenco Design will retain the intellectual property rights and copyright of any work performed by it's personnel, save for all such work as is paid for in full and exclusively by the Client, Limenco Design may yet retain copies of outputs and deliverables as are necessary for it's reference purposes. Limenco Design may re-use concepts and other outputs of the Project provided the Clients confidential information is safeguarded.

Remedies and Liabilities

  1. Limenco Design’s objective is to provide the Client with the stated business objective of the Project. If, in doing so, the Client suffers damages resulting from an act or omission of a Limenco Design director or employee, Limenco Design will recognize this, as it's responsibility. A monetary value up to but not exceeding the amount of fees received from the Client for that phase of work will be credited to the client.
  2. The Client agrees that Limenco Design shall be given a reasonable opportunity to remedy any failure or shortcoming in the delivery of the services / deliverables due to the Client. Limenco Design undertakes, at it's own expense, to use all reasonable efforts to implement such remedy as soon as reasonably possible after any such failure is reported in writing to Limenco Design. The time frame for this opportunity is initially set as being up to 6 months from written notice date. Any changes to this time frame will be agreed to in writing by both parties. Subject to the financial limits set forth above, the Client agrees that this provision shall be the exclusive remedy available to the Client in the event of any failure or shortcoming in the project.
  3. Limenco Design shall not be liable for any loss or damage both indirect or consequential, of any kind under any circumstances including negligence (whether arising under contract, common law, or otherwise) including but not limited to loss of profits, loss of operation time, loss of contracts or loss or corruption of data, whether caused by it's directors, employees, agents or other for whom in law it may be liable.
  4. Limenco Design’s liability under paragraphs 9 and 10 takes priority over any stated warranty or term of any kind relating to the Project.

Force Majeure

  1. Limenco Design shall not be liable for failure to perform or any any delay in performing it's obligations, if such failure or delay is as a result of causes outside it's reasonable control.

Infringement and Copyright

  1. Limenco Design will defend, at it's own expense, a third party claim that any service or deliverable Limenco Design has provided infringes a South African copyright. In the event that any damages are finally awarded against the Client in respect of such a claim, these will be paid by Limenco Design. This indemnity will not apply if the infringement is the result of the Client modifying, misusing or providing deliverables or services to a third party or failure to use enhancements supplied by Limenco Design. Neither will this cover information, facilities, documents, or products which are supplied by the Client for the purposes of the Project. This indemnity constitutes the Clients sole and exclusive remedy and Limenco Designs entire liability with respect to any deliverable or service infringing any third party rights.

Personnel

  1. Limenco Design reserves the right to meet it's responsibilities through the allocation of appropriate available skilled personnel, without a guarantee that specific individuals will be assigned to the Project.
  2. In the event of a Limenco Design employee resignation, Limenco Design will endeavor to replace that person within a reasonable period of time or otherwise agree to a reallocation of personnel resources.
  3. Neither party shall for the duration of the Project, or for one year thereafter, employ any person engaged by the other in connection with the Project.

Termination of Agreement

  1. The Client may restrict or terminate Limenco Design’s services at any time. In this case the Client will be liable for all work done at Limenco Design’s standard billing rates, which may be higher than proposed rates contracted for the Project. Since proposed rates will have included assumptions on the volume of work and levels of staffing at various stages of the Project. The Client will also be liable for any cancellation charges incurred by Limenco Design.
  2. Limenco Design may terminate it's participation in the project if it's fees remain unpaid for sixty (60) days from date of invoice or if the Client commits significant or repeated breach of agreement.

Payment

  1. The economics of Limenco Design’s proposal are based on timeous payment of invoices to balance expenditures on salaries and office costs. As a consequence, all invoices for fees and expenses will be payable within 7 days of presentation or as scheduled in the Memorandum of Agreement.
  2. Should a payment not be made within the agreed upon seven (7) days Limenco Design will at it's own discretion either continue with the agreement for a further seven (7) days or place the Project on hold. Should the Project be placed on hold all aspects under the control of Limenco Designs will be stored and maintained, until such time as either payment or termination of contract occurs. Any third party costs incurred as a result of this Project will be for the Clients account.
  3. Any sum which remains unpaid beyond thirty (30) days will result in the Project being placed on hold. Should that sum remain unpaid for a further thirty (30) days the agreement will be terminated (Refer point 19) and recovery procedures instituted.

Terms of Use


Limenco Design reserves the right to change the terms, conditions, and notices under which the Limenco Design website is offered, including but not limited to the charges associated with the use of  Limenco Design website.

Agreement between user and  Limenco Design

The Limenco Design website is comprised of various web pages operated by Limenco Design. The Limenco Design website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. your use of the Limenco Design website constitutes your agreement to all such terms, conditions, and notices.

Links to Third Party Sites

The Limenco Design website may contain links to other websites (“linked sites”). The linked sites are not under the control of Limenco Design and Limenco Design is not responsible for the contents of any linked site or sites, including without limitation to any link contained in a linked site, or any changes or updates to a linked site. Limenco Design is not responsible for webcasting or any other form of transmission received from any linked site. Limenco Design is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Limenco Design of the site or any association with its operators.

No Unlawful or Prohibited Use

As a condition of your use of the Limenco Design website, you warrant to Limenco Design that you will not use the Limenco Design website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use Limenco Design website in any manner which could damage, disable, overburden, or impair the Limenco Design website or interfere with any other party’s use and enjoyment of the Limenco Design website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Limenco Design website.

Use of Communication Services

The Limenco Design website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “communication services”), you agree to use the communication services only to post, send and receive messages and material that are proper and related to the particular communication service. by way of example, and not as a limitation, you agree that when using a communication service, you will not:

  • Defame abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such communication service specifically allows such messages.
  • Restrict or inhibit any other user from using and enjoying the communication services.
  • Violate any applicable laws or regulations.
  • Violate any code of conduct or other guidelines which may be applicable for any particular communication service.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Download any file posted by another user of a communication service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all consent.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Surveys, contests, pyramid schemes or chain letters.

Limenco Design has no obligation to monitor the communication services. However, Limenco Design reserves the right to review materials posted to a communication service and to remove any materials in its sole discretion.

Limenco Design reserves the right to terminate your access to any or all of the communication services at any time without notice for any reason whatsoever.

Limenco Design reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Limenco Design’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any communication service.  Limenco Design does not control or endorse the content, messages or information found in any communication service and, therefore, Limenco Design specifically disclaims any liability with regard to the communication services and any actions resulting from your participation in any communication service. Managers and hosts are not authorized Limenco Design spokespersons, and their views do not necessarily reflect those of Limenco Design.

Materials uploaded to a communication service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Materials Provided or Posted to Limenco Design

Limenco Design does not claim ownership of the materials you provide to Limenco Design (including feedback and suggestions) or post, upload, input or submit to any Limenco Design website or its associated services (collectively “submissions”). however, by posting, uploading, inputting, providing or submitting your submission you are granting Limenco Design, its affiliated companies and necessary sub licensees permission to use your submission in connection with the operation of their internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submission; and to publish your name in connection with your submission.

No compensation will be paid with respect to the use of your submission, as provided herein. Limenco Design is under no obligation to post or use any submission you may provide and may remove any submission at any time in Limenco Design’s sole discretion. By posting, uploading, inputting, providing or submitting your submission you warrant and represent that you own or otherwise control all of the rights to your submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the submissions.

Liability Disclaimer

The information, software, products, and services included in or available through Limenco Design website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Limenco Design and/or its suppliers may make improvements and/or changes in the Limenco Design website at any time. Advice received via Limenco Design website should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.

Limenco Design and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Limenco Design website for any purpose. to the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind.

Limenco Design and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by applicable law, in no event shall Limenco Design and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Limenco Design website, with the delay or inability to use the Limenco Design website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Limenco Design website, or otherwise arising out of the use of  the Limenco Design website, whether based on contract, negligence, tort, strict liability or otherwise, even if Limenco Design or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. if you are dissatisfied with any portion of the Limenco Design website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using Limenco Design website service contact: accounts@limenco.co.za

Termination/Access Restriction

Limenco Design reserves the right, in its sole discretion, to terminate your access to the Limenco Design website and the related services or any portion thereof at any time, without notice. General to the maximum extent permitted by law, “these terms and conditions will be governed by, and construed in all respects in accordance with the laws of South Africa, and subject to the exclusive jurisdiction of the South African courts in all disputes arising out of or relating to the use of the Limenco Design website. Use of the Limenco Design website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Limenco Design as a result of this agreement or use of the Limenco Design website. Limenco Design’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Limenco Design’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Limenco Design website or information provided to or gathered by Limenco Design with respect to such use. if any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Limenco Design with respect to the Limenco Design website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Limenco Design with respect to the Limenco Design website. a printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

Trademarks

The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.

The following will not be endorsed by  Limenco Design:

  • Adult/pornographic content, services and products.
  • Illegal: firearms, ammunition, replicas, militaria, weapons and knives.
  • Human parts and remains.
  • Illegal drugs & paraphernalia.
  • Unauthorized copies, copyright violations, plagiarised material.
  • Psychic readings, palm readers, sorcery, black magic and divination’s.
  • Photos without permission or knowledge.
  • Offensive material.

User Responsibilities

Customers are responsible for any misuse of company’s services that occurs through the customer’s account. It is the customer’s responsibility to ensure that unauthorized persons do not gain access to or misuse  Limenco Design’s service.  Limenco Design urges customers not to reply to unsolicited mail or “spam”, not to click on any suggested links provided in the unsolicited mail. Doing so remains the sole responsibility of the customer and  Limenco Design cannot be held liable for the customer being placed on any bulk mailing lists as a result. Where the customer has authorized a minor to use any of  Limenco Design’s services or access its websites, you accept that as the parent/legal guardian of that minor, you are fully responsible for: the online conduct of such minor; controlling the minor’s access to and use of any services or websites; and the consequences of any misuse by the minor, including but not limited to transactions entered into by the minor using such access. Limenco Design cannot be held liable for any business dealings you have with any third parties on the internet, including any vendors, or advertisers found on, or through, Limenco Design network. Further, Limenco Design assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable customs and exchange control laws in connection with any such transactions shall be the customers.

Reservation and Non-Waiver of Rights

Limenco Design reserves the right to amend or alter this policy at any time, and without notice to you. Limenco Design reserves the right to take action against any individuals, companies or organizations that violate any of the prohibited activities set out herein, or engage in any illegal or unlawful activity while accessing our services, to the fullest extent of the law. Limenco Design reserves the right, at its sole discretion, to act against other types of abuse not listed in this document and to investigate or prevent illegal activities being committed over our network. Limenco Design reserves the right to monitor user and network traffic for site security purposes and prevent any unauthorized attempts to tamper with our site or cause damage to our property. Limenco Design reserves the right to suspend, revoke or cancel Limenco Design’s services to the customer/user should the safety and integrity of Limenco Design’s resources are placed at risk in continuing to provide service to the subscriber/user. Limenco Design reserves the right to remove any information or materials in whole or in part, that, in Limenco Design’s sole discretion, is deemed to be offensive, indecent, or otherwise objectionable. Limenco Design does not undertake to guarantee the security of any data passing through its networks. Although Limenco Design will provide a “best effort” service, including regular updates on computer viruses and other threats to security of data, it is the responsibility of the communicating parties to safeguard their data, and Limenco Design cannot be held liable for any loss or damage arising as result of the failure to do so.

Template Website Design

Template Website Design Project

  • Online questionnaire completed. (Hint click a price button) Once we've received your completed Questionnaire and are satisfied that we can accommodate your requirements, we send you an invoice for 50% of the upfront job costs.
  • On receipt of payment we send you instructions on your content compilation and a link to your content uploads page. For a summary of content and images required please click on the "Prerequisites" button for the package you chose. This is available at any time through our website.
  • At this stage your requested URL (website address) is registered. Please note that URL's can not be registered until payment has been received. Should a URL no longer be available at this stage a new URL address will need to be chosen.
  • Having received your instructions there is a 14 day grace period for you to compile and upload your content. During this time you are welcome to contact us, should you have questions or need assistance or guidance. We accommodate requests as per our Website Updates and Maintenance policy below.
  • On receipt of your content your 50% deposit becomes wholly non refundable. As it covers time spent processing your websites requirements.
  • Should you experience buyers remorse prior to this we will gladly refund you your deposit less the URL registration fee and any applicable hosting and admin fees incurred. Something to note is that once a URL is registered it belongs to you for a year. Hence why URL registration fees are non refundable.
  • Having received your content we first check that content meets all requirements. Should we detect any problems we will contact you and advise on content that needs to be resubmitted.
  • With all content in order we begin the process of loading your website onto the web to a Limenco Design sub directory.
  • Once the website is completed we email you and request that you check the site and submit corrections.
  • Bearing in mind that this is the first time you will see the template in action with your content, you might want to request small or large changes. Please refer to our Website Updates and Maintenance policy below.
  • The client accepts that by not communicating with Limenco Design during the final review period, 5 working days, Limenco Design will accept the customer’s silence as agreement to a finished product in which case the final payment must be made by the customer.
  • On receipt of final payment the website is moved across from the Limenco sub directory to the clients URL and tested. Where the client hosts with Limenco Design the client will at this stage receive an email with the WordPress sites, log in details.
  • Setting up emails will be for the clients own account.
  • All correspondence relating to a Package Website Design is done via email. In person visits either at Limenco Design offices or at the clients premises are expressly not provided for with package website projects.

Important Notes

  • All information provided by the Client during the initial stage of the Project (before acceptance of proposal) is also covered by our Standard Terms Confidentiality Clause. During the planning stage of the project Limenco Design requires full access to all information that will be displayed on the website so as to ensure proper planning and cost implications.In cases where the Client wishes to use our in-house copywriter then the time per copy project will need to be considered and will vary depending on the type of job and amount of copy that needs to be generated. Please see Life Cycle of a Copywriting Project below.
  • If you would like to improve your internet exposure, please contact us though our websites contact form.
  • If you wish for Limenco Design to maintain your website we charge an hourly fee based on our current hourly rate.
  • Please note in order to take a website live the client will need to have a registered domain and a working hosting environment. This can be obtained through Limenco Design or, alternatively another service provider. If you choose to host through Limenco Design and you have completed the signing up process we have all the relevant information needed to take your website live.
  • However, should you wish to use another service provider please provide us with your Cpanel / FTP details which you obtain from your chosen service provider. Our websites also need to have a MySQL database setup so make sure your provider has set that up for you before sending the hosting details to Limenco Design.

Refunds and Buyers Remorse

  • Please note that should a client no longer require our services and require their 50% deposit to be returned that this should be requested in writing within 5 working days of payment. We will gladly return the money with any deductions that have already been spent on the project.

Themes, Plugins & Software

  • Limenco Design builds their websites using the open source content management system (CMS) called WordPress, we are then obligated to abide by their terms of use which means if you choose to use Limenco Design’s services you accept these terms and warrant that Limenco Design will not be responsible for any damages or faulty software from WordPress.org.
  • Limenco Design also builds their websites using free and premium third party themes and plugins, using reputable companies such as Themeforest or Codecanyon. Although these companies are trustworthy and meet current website standards, we cannot be responsible for any broken, faulty or damaged themes or plugins as we have no control over any third party software and or products.

Viruses & Outdated Websites

  • Limenco Design takes all the security precautions on our Clients websites and includes the relevant security plugins as well as keeps its servers secure wherever possible. However we cannot guarantee the prevention of hacks, viruses or unexpected data deletion and cannot be held liable for any such damages as a result.
  • Limenco Design 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. Limenco Design 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.

Website Updates & Maintenance

  • All changes are to be sent in a Word document from the client.
  • Once we have received the Word document one of our designers will estimate the time it will take them to do the changes. The client will then be sent a quotation.
  • The client needs to accept the quotation before any work will commence.
  • Payment is to be paid in FULL after all changes are completed.
  • Any changes or updates requested that take up to 4 (four) hours to implement from our end have a turnaround time of up to 2 (two) working days;
  • Any updates that exceed 4 (four) hours to implement the turnaround time is then discussed between the client and the project manager. We understand that majority of updates or changes are urgent so we therefore will try our best to prioritize these updates or changes.
  • Should a Client choose to maintain their own website, Limenco Design cannot be held responsible if anything breaks during content updates, plugin additions as well as theme updates. This also pertains to anything that the Client has chosen to edit without our knowledge and/or approval. Alternatively feel free to get Limenco Design to maintain your website at our hourly rate. If you choose to update your own website and in rare cases the website does break and is un-fixable we can always restore a previous backup for you upon your request.

Login Information

  • We reserve the right to withhold login credentials for any websites we have developed for clients, until we have received payment in full. This applies regardless of whether or not the website is on the live domain or is still on our demo servers being finalized. We cannot be held liable for changes made directly by the client once they have received the login credentials further.

Custom Website Design

  1. Online Questionnaire Completed
  2. An initial draft proposal is compiled and submitted to the client.
  3. 50% Deposit is paid by the client.
  4. First visit takes place and any additional requirements are discussed.
  5. Amended project scope and timeline are submitted to the client. (Includes payment frequency should costs have changed since the draft proposal)
  6. Project runs per scope.

Definition - Custom Website Design

Custom Website Design shall be defined as any WordPress Theme or Plugin that requires HTML, CSS, PHP or JS Coding.
HTML = Hyper Text Markup Language
CSS = Cascading Style Sheets
PHP  = PHP Hypertext Preprocessor (The PHP in the definition = Personal Home Page)
JS = JavaScript


Meetings 


Where onsite meetings are required Limenco Design will travel to the Client (Johannesburg Area only) and meet with the main stakeholder/s. Meeting goals are often the introduction of the business to the web designer by the client and for the web designer to observe the clients operation for translation into the website. Website requirements are often noted during this meeting.

Meetings Prerequisites

Please Note Limenco Design does not schedule an onsite meeting before the following information has been provided to Limenco Design by the client.

  1. Website Addresses of any existing websites.
  2. A brief summary of why the client is moving to another website designer
  3. A brief introduction of the clients business. (Half a page) Additional information can be shared during the ensuing meeting.
  4. Relationships to any other businesses and their website addresses.
  5. List of Products or Services Offered to the Public (Product Name, Image and Brief Summary)
  6. Copies of previous printed and electronic advertising ( Bulk Emails, Newsletters, Brochures, Fliers, Newspaper, Articles, Radio Ads etc)
  7. FTP and Cpanel Logon Details for existing Website including access to any Google Analytics and or Search Console Data
  8. Statistics (For a 1 year period)
    1. Number of Sales per Month
    2. Value of Sales per month
    3. Number of Existing Clients
    4. Number of New Clients Each Month
  9. New Client Acquisition Method - Example 30% Word of Mouth 50% Printed Media 20% Internet

This information is provided via our online questionnaire and includes additional questions.
Where any of these pre-requisites are not available, reasons should be provided.

Prerequisites More About

Current trends are moving towards a more transparent and inclusive web design approach. External web designers are being viewed more as consultants in the sales and marketing divisions and as such are privy to key sales figures, targets and general sales interactions and information so as to better integrate the business with its site visitors.

As an alternative businesses can continue to outsource their web design requirements on an adhoc basis. 

Establishing this core requirement at the onset is key to the web design and development process.

Important Notes

  1. All information provided by the Client during the initial stage of the Project (before acceptance of proposal) is also covered by our Standard Terms Confidentiality Clause. During the planning stage of the project Limenco Design requires full access to all information that will be displayed on the website so as to ensure proper planning and cost implications.In cases where the Client wishes to use our in-house copywriter then the time per copy project will need to be considered and will vary depending on the type of job and amount of copy that needs to be generated. Please see Life Cycle of a Copywriting Project below.
  2. If you would like to improve your internet exposure, please contact us though our websites contact form.
  3. If you wish for Limenco Design to maintain your website we charge an hourly fee based on our current hourly rate.
  4. Please note in order to take a website live the client will need to have a registered domain and a working hosting environment. This can be obtained through Limenco Design or, alternatively another service provider. If you choose to host through Limenco Design and you have completed the signing up process we have all the relevant information needed to take your website live.
  5. However, should you wish to use another service provider please provide us with your Cpanel / FTP details which you obtain from your chosen service provider. Our websites also need to have a MySQL database setup so make sure your provider has set that up for you before sending the hosting details to Limenco Design.

Refunds and Buyers Remorse

  1. Please note that should a client no longer require our services and require their 50% deposit to be returned that this should be requested in writing within 5 working days of payment. We will gladly return the money with any deductions that have already been spent on the project.

Themes, Plugins & Software

  1. Limenco Design builds their websites using the open source content management system (CMS) called WordPress, we are then obligated to abide by their terms of use which means if you choose to use Limenco Design’s services you accept these terms and warrant that Limenco Design will not be responsible for any damages or faulty software from WordPress.org.
  2. Limenco Design also builds their websites using free and premium third party themes and plugins, using reputable companies such as Themeforest or Codecanyon. Although these companies are trustworthy and meet current website standards, we cannot be responsible for any broken, faulty or damaged themes or plugins as we have no control over any third party software and or products.

Viruses & Outdated Websites

  1. Limenco Design takes all the security precautions on our Clients websites and includes the relevant security plugins as well as keeps its servers secure wherever possible. However we cannot guarantee the prevention of hacks, viruses or unexpected data deletion and cannot be held liable for any such damages as a result.
  2. Limenco Design 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. Limenco Design 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.

Website Updates & Maintenance

  1. All changes are to be sent in a Word document from the client.
  2. Once we have received the Word document one of our designers will estimate the time it will take them to do the changes. The client will then be sent a quotation.
  3. The client needs to accept the quotation before any work will commence.
  4. Payment is to be paid in FULL after all changes are completed.
  5. Any changes or updates requested that take up to 4 (four) hours to implement from our end have a turnaround time of up to 2 (two) working days;
  6. Any updates that exceed 4 (four) hours to implement the turnaround time is then discussed between the client and the project manager. We understand that majority of updates or changes are urgent so we therefore will try our best to prioritize these updates or changes.
  7. Should a Client choose to maintain their own website, Limenco Design cannot be held responsible if anything breaks during content updates, plugin additions as well as theme updates. This also pertains to anything that the Client has chosen to edit without our knowledge and/or approval. Alternatively feel free to get Limenco Design to maintain your website at our hourly rate. If you choose to update your own website and in rare cases the website does break and is un-fixable we can always restore a previous backup for you upon your request.

Login Information

  1. We reserve the right to withhold login credentials for any websites we have developed for clients, until we have received payment in full. This applies regardless of whether or not the website is on the live domain or is still on our demo servers being finalized. We cannot be held liable for changes made directly by the client once they have received the login credentials further.

Hosting and Domains


Payment and Payment Terms

  • Please note that payments for hosting or domain registrations are non-refundable. This includes payments that are paid monthly, bi-annually or yearly. That said payments are refundable in rare cases that the client’s website experiences large amounts of downtime from the server side. If this happens the amount refunded can be negotiated with Limenco Design.
  • Limenco Designs accepts EFT payments only.
  • Limenco Designs does not accept cheque payments.
  • Should any cheque payment be deposited in to the Limenco Design bank account, that payment will only become valid once Limenco Designs bank has cleared the funds for use. (between 7 and 10 working days). Furthermore any fees charged to Limenco Design in relation to that cheque deposit by Limenco Designs bank shall be deducted from the Clients account.
  • Payments made in respect of Hosting and Domains are payable 7 days in advance, so as to permit Limenco Design adequate administration time to process the payment and allocate it to the Clients domain and hosting account.
  • In the case of a website being suspended due to non-payment a re-connection fee will be payable before the website is unsuspended. An additional waiting period of up to 72 hours may be imposed in the case of multiple payment bounces.

Introduction

  • In addition to our Standard Terms of Use, Limenco Design has provided the below terms of use for our domain registration and hosting services. By signing up for any of our hosting services you will be lawfully regarded as having read and agreed to the specified agreements listed below.

Domain Registration

  • Limenco Design registers all its domains through approved domain registrars such as, ZADOMAINS. Limenco Design is entitled to use other approved entities for registration purposes, but generally may limit the domains on offer based on availability from the specific registrars in question.
  • Each and every client will be bound by the terms and conditions imposed by the relevant domain space (e.g. .com / .co.za) under which their registered domain falls. It is the clients responsibility to become familiar with these terms and their implications.
  • While Limenco Design continues to ensure the shortest possible domain registration process and subsequent DNS propagation, we cannot be held liable for any delays during this process. All of the initial domain registration fees are non-refundable and constitute a once off payment subject to the agreed registration period and the annual renewal process.

Domain Transfer

  • Upon requesting a domain transfer and accepting the relevant Service Terms, you are giving consent to Limenco Design to transfer your (registered) domain to Limenco Design’s DNS and web servers. This gives Limenco Design authority over the domain as the registrar, being nominated as an agent of the registrant. With this, the Client thereby indemnifies Limenco Design from any disputes regarding ownership of the domain and any claims as a result thereof.

Backups

  • We do our utmost to maintain weekly as well as monthly backups on our servers. Limenco Design strongly encourages its clients to maintain frequent backups of their data. Clients are held solely responsible for their own remote backups and Limenco Design will not be liable for any data loss or any other losses or damages related to backups or data recovery without exception.
  • Limenco Design cannot guarantee the condition or completeness of any of its backups. Backups are provided “as is” and will be used at the Clients own risk and discretion. This includes any files restored by the Clients instruction or by the Clients themselves.
  • Limenco Design may, in some instances offer its clients a separate backup service in conjunction with its hosting service. These backups will be made readily available to clients on request or when they become available.
  • Limenco Design will not be liable for any losses or damages relating to any incidents arising out of such backups being provided (or not provided) to Clients on request.

Cancellation

  • Cancellation will be dealt with as per the General Terms.
  • Cancellation, by the Client or Limenco Design, will result in any data being permanently removed from Limenco Design’s servers. Clients are solely responsible for ensuring that backups are made of web content and email data, or any other data stored on their hosting space. Limenco Design will not be liable for loss of data, or be obliged to provide any such data once the hosting contract term has expired. Any backups made by Limenco Design will be made for legal purposes and not for data retention purposes and will not necessarily be made available to Clients on request.

Liability for Registration and Use of Domain Names

  • Limenco Design has not and does not conduct pre-registration searches in respect of the Client’s use and registration of its selected Domain Name/s it is therefore not obliged to either advise the Domain Name client about possible conflicting third party rights or to take steps to ensure against possible disputes concerning a third party’s intellectual property or other rights.
  • Limenco Design reserves the right to disclose pertinent information to Registrars for public disclosure as per the Terms and Conditions of the Registrar. Limenco Design will not be held liable for any claims of infringement of privacy by fulfilling such registration conditions.
  • This forms a regulatory requirement by the registrar, and there is a Service Agreement requirement to the Client.
  • The Client indemnifies Limenco Design by warranting that the use or registration of the Domain Name by a Client does not interfere with nor infringe with the rights of any third party in any jurisdiction with respect to trademark, service mark, trade name, company name, close corporation name, copyright nor any other intellectual property right, and that Client has the right to use the Domain Name as requested.

Hosting Services

  • Limenco Design reserves the right to suggest suitable alternatives to the Client and / or charge for excessive traffic or system resources as it deems necessary, at its sole discretion. Excessive traffic or use of system resources will be determined as set out in the Acceptable Use Policy.
  • Limenco Design reserves the right (but does not assume any obligation) to inspect the contents of data that the Client transmits, receives or stores on an Limenco Design Server to ensure compliance with this Agreement and our terms of use.
  • Limenco Design offers unlimited bandwidth (web traffic) usage on shared hosting platforms. However, this is subject to reasonable and responsible usage, as determined at Limenco Design’s discretion. Shared hosting is designed for serving personal hosting requirements or that of small enterprises, and not medium to large enterprises. Limenco Design reserves the right to move clients deemed to have excessive bandwidth usage to a cloud product, which will better suit their requirements. Clients will be given notice as such, and will be informed of any cost implications. Disk space on shared hosting may only be used for website content, emails and related system files. General data storage, archiving or file sharing of documents, files or media not directly related to the website content is strictly prohibited. Unauthorised storage or distribution of copyrighted materials is prohibited, via ftp hosts or any other means.

Website Uptime

  • Limenco Design is not responsible if any third party operated network or service experiences problems and outages (i.e. all network infrastructure and links, Client’s internet connection, firewall service managed by external parties). If the applicable web server is up and running at all times then the website will be deemed to have achieved uptime.
  • Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services.
  • No direct or indirect losses or damages resulting from downtime may be claimed.

Use at Client’s Risk

  • Limenco Design will exercise no control whatsoever over the content of the material hosted on, or the information passing through Limenco Design network and in no way moderates such content.
  • Clients expressly agree that use of Limenco Design’s Server(s) and Services are at the Client’s sole risk.

Spam/Virus Filtering

  • Limenco Design provides a spam and virus filtering system to protect Clients from unsolicited mail and viruses. The Client acknowledges that this system might incorrectly identify a valid message as spam or as a virus and consequently this message might not be delivered to the Client. The Client acknowledges and agrees that Limenco Design shall without limitation have no responsibility for, or liability in respect of any data lost as a result of this system.
  • Limenco Design reserves the right to examine incoming or outgoing mail to the extent necessary to determine if it is classified as spam or malicious.

Webmail

  • Webmail and other web-based email services made available by Limenco Design are provided on an “as is” basis without representations, warranties or conditions of any kind, and the Client acknowledges and agrees that Limenco Design shall have no responsibility for, or liability in respect of, any aspect of the webmail services, including without limitation for any lost or damaged data or any acts or omissions of Limenco Design. As webmail storage space is limited, some webmail messages may not be processed due to space constraints or message limitations.

SA Gateway

  • Please note that Limenco Design makes use of SA Gateway to set up client e-mail accounts. E-mail data is not stored on Limenco Design’s server. It is stored on SA Gateway's server. SA Gateway is an independent service, not affiliated with Limenco Design. Limenco Design’s services are limited to set up and assistance with account management of the client’s SA Gateway account, as a third party platform. Limenco Design assumes no responsibility for account closure on behalf of SA Gateway. By accepting this service the client assumes the responsibility to uphold SA Gateway's terms and conditions and acknowledges that Limenco Design will not mediate disputes between the client and SA Gateway. For more information about SA Gateway, please visit: https://www.sagateway.com/

Software Updates

  • For shared hosting, Limenco Design will implement security updates, software patches and other updates or upgrades from time to time, to maintain the best performance, at their sole discretion. Limenco Design is under no obligation to affect such upgrades, or to rectify any impact such changes could potentially have to shared hosting clients. Limenco Design will not be liable or responsible for the backing up, restoration or loss of data under any circumstances. Clients are solely responsible for ensuring their data is regularly backed up and for restoring such backups in the event of data loss or corruption.

Disclaimers, Limitations and Indemnities

  • Limenco Design will not be liable for any loss or damage, interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits), regardless of the form of action, whether in contract, delict, or otherwise which may be suffered as a result of or which may be attributable, directly or indirectly, to the use and/or registration of the Client’s selected domain names/s OR ANY ACTION TAKEN BY LIMENCO DESIGN IN RESPONSE TO THE ABUSE OF THE DOMAIN REGISTRATION SERVICES WHICH IT OFFERS.
  • The Client hereby indemnifies and holds harmless Limenco Design against any loss whatsoever arising from any dispute or claim or other action occasioned by the Client’s use and registration of its selected Domain Name, even if Limenco Design has been advised of the possibility of such damages;
  • Limenco Design will not be liable for any indirect or consequential loss, damage, cost or expense of any kind, irrespective of how such damage or loss was caused, whether arising under contract, delict or otherwise, including, and not limited to, data loss or corruption, loss of profits, contracts, operation time and goodwill.
  • Neither Limenco Design, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that Limenco Design’s Server service will not be interrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through Limenco Design Server service.
  • Limenco Design expressly limits its liability to the Client for damages suffered due to any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Limenco Design specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
  • Limenco Design is not responsible if an external company network and firewall is setup to block access to services Limenco Design provides. If a Client’s network is setup to block certain ports or web addresses that compromise the services Limenco Design provides it is the Client’s responsibility to ensure that their network configurations are changed as necessary.
  • Clients also hereby indemnify Limenco Design against any 3rd party claims against themselves as resellers or services provided to the public or privately. Clients will be solely liable to external parties for losses and may, in no way, petition Limenco Design to share or cover such losses or liability, either directly or indirectly. Limenco Design is also indemnified from direct claims from Clients for losses incurred due to 3rd party actions or claims.
  • Limenco Design will not be responsible for any hardware and or software damages to our servers that we have no control over, clients are responsible for keeping backups of their emails and websites (Data / Files) at all times should such an event occur.

Building Your Own Website

  • Should a Client choose to build their own website using the free third party Page Builder Plugin provided with each WordPress installation, they do so at their own risk and this creation is solely in the hands of the Client, Limenco Design will not be held responsible for any aspect of your website build when the Client has opted for the self managed website option. If you would like support over and above the knowledge base provided by the third party you will be subject to additional fees at Limenco Designs own discretion.

Privacy Policy

Limenco Design is committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience. This Statement of Privacy applies to the Limenco Design website and governs data collection and usage. By using the Limenco Design website, you consent to the data practices described in this statement.

Collection of your personal information

Limenco Design collects personally identifiable information, such as your e-mail address, name, home or work address or telephone number. Limenco Design also collects anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, interests and favorites. There is also information about your computer hardware and software that is automatically collected by Limenco Design. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used by Limenco Design for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Limenco Design website. Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through Limenco Design public message boards, this information may be collected and used by others. Note: Limenco Design does not read any of your private online communications. Limenco Design encourages you to review the privacy statements of websites you choose to link to from Limenco Design so that you can understand how those websites collect, use and share your information. Limenco Design is not responsible for the privacy statements or other content on websites outside of the Limenco Design and Limenco Design family of websites.

Use of your personal information

Limenco Design collects and uses your personal information to operate the Limenco Design website and deliver the services you have requested. Limenco Design also uses your personally identifiable information to inform you of other products or services available from Limenco Design and its affiliates. Limenco Design may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered. Limenco Design does not sell, rent or lease its customer lists to third parties. Limenco Design may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. In addition, Limenco Design may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Limenco Design, and they are required to maintain the confidentiality of your information. Limenco Design does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent. Limenco Design keeps track of the websites and pages our customers visit within Limenco Design, in order to determine what Limenco Design services are the most popular. This data is used to deliver customized content and advertising within Limenco Design to customers whose behavior indicates that they are interested in a particular subject area. Limenco Design websites will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Limenco Design or the site; (b) protect and defend the rights or property of Limenco Design; and, (c) act under exigent circumstances to protect the personal safety of users of Limenco Design, or the public.

Security of your personal information

Limenco Design secures your personal information from unauthorized access, use or disclosure. Limenco Design secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.

Use of Cookies

The Limenco Design website use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize Limenco Design pages, or register with Limenco Design site or services, a cookie helps Limenco Design to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Limenco Design website, the information you previously provided can be retrieved, so you can easily use the Limenco Design features that you customized. You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Limenco Design services or websites you visit.

Changes to this statement

Limenco Design will occasionally update this Statement of Privacy to reflect company and customer feedback. Limenco Design encourages you to periodically review this Statement to be informed of how Limenco Design is protecting your information.

Contact information

Limenco Design welcomes your comments regarding this Statement of Privacy. If you believe that Limenco Design has not adhered to this Statement, please contact Limenco Design at accounts@limencodesign.co.za. We will use commercially reasonable efforts to promptly determine and remedy the problem.

Graphic Design Terms

Graphic Design Project

For ease of expression "Graphic Design" indicates any visual project. Including but not limited to. Computer aided Architectural Drawings, 3D wire frames, models and associated design elements and animations, Photoshop Illustrations both "from scratch" or images that have been modified using Photoshop. Super Vector Graphic (SVG) Illustrations , including but not limited to Logo's Favicons, Icons, Banners or Infographics.

  • On receiving a request for graphic design Limenco Design will email the client a questionnaire. Based on the information submitted therein the Client will receive an email from the Limenco Design Designer introducing themselves and requesting any further information that might be needed. At this stage Limenco Design may also request a telephone meeting to discuss the project.
  • The client is then sent a Proposal detailing the cost and time line of the project.
  • A 50% deposit is requested from the Client at this stage.
  • The client is then provided with an initial concept.( A rough drawing with written explanation.)
  • The client then approves the initial concept or if preferred may offer feedback or change requests. A maximum of 2 revisions may be requested by the client at this stage.
  • The project then runs according to the time frame stipulated in the proposal.
  • As each stage is completed the client is provided with feedback and available images, these initial images are shared with the client on the agreement that they or any person they may share these images with may not copy or replicated them in anyway save those reasons directly required for the project.  Images exchanged during the design phase would be low resolution or watermarked.
  • Changes requested after initial concept that fall out of the initial scope shall be billed for at Limenco Designs per hour rate.
  • On completion of the project the final stage invoice will be issued. Final Images or renderings will be provided on receipt of final payment.

Copywriting

Copywriting Projects

  • The Client submits a request for copywriting services.
  • Limenco Design forwards the Client via email a basic copywriting proposal based on the initial request.
  • 50% deposit due.
  • A meeting between the copywriter and client is then set up to ensure that the copy created is in line with what you as the client require.
  • Meeting with Limenco Design copywriter to conceptualize and create a timeline for your project.
  • A 1 Page sample is provided to you for review. At this point you are looking at the overall writing style and tone. You can make comments or request changes.
  • The client is to send feedback and comments within 5 working day of receiving the sample copy.
  • Once the sample copy is approved, the copywriter will proceed with the copy job. A timeline will then be stated based on the scope of the project.
  • Depending on the size of the job, the copywriter may first send a sample copy for the client to approve and make sure that the tone, language etc is in line with what the client wants.
  • The client is to send feedback and comments within 5 working day of receiving the sample copy.
  • Once the sample copy is approved, the copywriter will proceed with the copy job. A timeline will then be stated based on the scope of the project.
  • Revision 2 is provided to you for review. This is your final opportunity to make changes. At this point you may fine tune and point out anything that bothers you about the copy.
    Please Note: Any changes requested past this point in the process will be charged for per hour. We do notify you before doing work that will incur extra costs.
  • Final changes made according to your request.
  • 50% remaining fee due.
  • Final copy is handed over after full payment is made.

Please Note

  • If you require copy to be written according to a style guide other than the Associated Press Style Book, this must be clearly stated in your first meeting with the Limenco Design copywriter. It is the client’s responsibly to provide any company specific style guides that may be needed. In the event that the client should fail to produce a copy of the required style guide, copy will be written according to the Associated Press Style Book.
    Project timeline will vary according to project size and complexity.
    This Life Cycle does not apply to monthly blog posts, articles, or copy shorter than 200 words.

Online Marketing

Google Adwords

  • Monthly invoices must be paid within the first week of each month. Limenco Design will not add any budget to a client’s account until payment has been made. Failure to do so may result in the client’s Google Ad Words account running out of budget.

Search Engine Optimization (SEO)

  • Invoices are to be paid within the first week of each month. Written notice needs to be provided should a client wish to cancel Ad Words or SEO services.

Social Media Life Cycle

  • Original quotation/invoice needs to be paid in FULL before Limenco Design will commence any social media work.
  • Should the client wish, they may arrange a meeting at this time to discuss ideas. All meetings are to be held at Limenco Design offices.
  • Once payment is made, please allow for a two week lead period. In this time our digital marketing strategist will design content.
  • The date of the first scheduled post will be dependent on the date that Limenco Design receives first proof of payment in full. This will be discussed in further detail between Limenco Design and the client once first payment is made, via e-mail.
  • All content and posts prepared, must be approved by the client before scheduling.
  • The client is to give Limenco Design one calendar months’ notice should they wish to cancel their social media service. Notice should be in writing.

 

Scroll to top