AGREEMENT
ENTERED INTO BETWEEN
E-WEBLITE (PROPRIETARY) LIMITED
AND
______herein represented by ______whom the parties acknowledge and accept as being duly authorised thereto.
I DEFINITIONS
1.1. In this agreement, unless the context otherwise indicates, words and expressions: 1.1.1 importing the singular shall include the plural and vice versa; 1.1.2 importing the masculine shall include the female gender; 1.1.3 unless the context otherwise indicates the following words and expressions shall mean:
"FTP" File Transfer Protocol "E-Weblite" E-Weblite (Proprietary) Limited "ISP" Internet Service Provider "Links" connection files/pages for information "PDF" Programme Defined Format "the client" ______
2 BASIS OF CONTRACT
2.1 E-Weblite with effect from the effective date, hereby undertakes to: 2.1.1 To check availability of domain name 2.1.2 To create and develop a website through programming 2.1.3 To register the website with a service provider 2.1.4 To make the website available through reputable search engines 2.1.5 To provide an ongoing maintenance contract.
3. ACCEPTANCE & COMMENCEMENT OF WEBSITE DESIGN CONTRACT
3.1 This agreement shall commence upon acceptance of the quotation and commence on date as stated on quotation.
4. ACCEPTANCE OF MAINTENANCE CONTRACT
4.1. This agreement shall commence immediately after fulfilment of the website design contract and shall continue until such time as client cancels providing minimum of 3 (three) months notice given. 4,2 Monthly maintenance (update and changes on the site) is offered at a fixed rate (refer quotation) This contract includes: 4.2.1 Adding new text 4.2.2 New products/services 4.2.3 Updating old information 4.2.4 Updating company news 4.2.5 Maintaining e-zines
All other changes can be undertaken, but will be charged for in addition to the fixed monthly rate.
5. WEBSITE PACKAGES AND PRICES
5.1 Option 1 - E-Weblite custom design - up to 4 pages including external links and will include the following:
Homepage - company logo - graphics - banner, if required - brief introduction to business - links to other pages - sound, if required - visitors counter, if required
Products/service page - company logo - brief description of each product/service - links to other pages, if required - 2 -
Contact page - company logo - contact details - Tel, fax, addresses, e-mail, & contact names, etc
Feedback forms - company logo - Appropriate form i.e. quotation, order forms, reservation form, etc.
E-Weblite Fee - R7 750-00 excluding VAT Plus ISP Fees - R…………. Domain name registration (refer quotation) R…………. Upload of FTP (refer quotation) R…………. Monthly network maintenance (refer quotation)
5.2 Option 2 - up to 6 pages and will include the following:
° Homepage company logo graphics banner, if required brief introduction to business links to other pages sound, if required visitors counter, if required
Products/service page company logo brief description of each product/service links to other pages, if required
Contact page company logo contact details - Tel, fax, addresses, e-mail, & contact names, etc
Feedback forms company logo Appropriate form i.e. quotation, order forms, reservation form, etc.
About your company page / portfolio page text about your company and people
Price sheet page
E-Weblite fee - R10 500-00 excluding VAT Plus ISP fees - R…………. Domain name registration (refer quotation) R…………. Upload of FTP (refer quotation) R…………. Monthly network maintenance (refer quotation)
6. PAYMENT - WEBSITE DESIGN
6.1 A deposit of 50% (in line with industry standard) of the total amount will be payable before commencement of contract and the balance will be paid on completion of the website and signoff by the customer. 6.2 Should the client fail to pay any amount owing to E-Weblite on due date, E-Weblite shall be entitled in its discretion and without prejudice to any other rights which it may have to cancel this agreement without notice to the client, or to suspend performance of its obligations pending full payment by the client. 6.3 In the event that the client's payment is stopped, unmet by its bank or returned unpaid, E-Weblite shall be entitled to charge the client a processing fee of R150-00 per failed payment along with all other fees outstanding and any legal costs incurred.
7. PAYMENT - MONTHLY MAINTENANCE
7.1 Fees payable for the monthly maintenance contract shall be payable in advance. 7.2 In the instances where this agreement specifies a minimum period of 12 (twelve) month's duration and a client cancels or purports to cancel this agreement in respect of such maintenance prior to expiration of such period, the remainder of all monthly payments payable during the period shall immediately become due and payable to E-Weblite 7.3 Maintenance fees will be deducted on the first day of each month by way of a debit order. Double payments will be deducted the following month should the client's debit order not be met. 7.4 Monthly fees will be calculated according to links and content as well as intensified programming. 7.5 In addition to the aforegoing, E-Weblite shall be entitled to charge interest at a rate of 2% per month above the prime bank rate of interest quoted by The Standard Bank of South Africa on any amounts payable by the client to E-Weblite and not paid within fourteen days of due date. - 3 -
8. DOMICILIA
8.1 The parties choose their respective addresses set forth hereunder as their respective domicilium citandi et executandi for all purposes arising out of this agreement and as their respective addresses for the service of any notice required to be served upon them hereunder: 8.2 E-Weblite (Proprietary) Limited at N8 Shanwood Lake, 192 Main Avenue, President Ridge, Randburg
8.3 The Client at ______
8.4 Each of the parties shall be entitled from time to time, by written notice to the other to vary his domicilium to any other address within South Africa which is not a post office box or poste restante.
9. GENERAL TERMS AND CONDITIONS
9.1 The client agrees that should, in the sole discretion of E-Weblite is of the opinion that the client's website is offensive, unlawful or harmful, that E-Weblite without derogating from any of its other rights in terms of this agreement, may terminate this agreement. 9.2 A lead time for design will be agreed on and the design plan for the website will be discussed with the client to ensure that expectations are met. 9.3 Logo's, photos, maps and specific links to be supplied by the client in appropriate form. 9.4 Meetings will be held with client to ensure full understanding of requirements. 9.5 E-Weblite will not be held responsible for content which may offend website visitors. It will be the sole responsibility of the client. 9.6 E-Weblite will deal directly with ISP's to ensure service maintenance updates occur timeously to best maintain web content uploads. 9.7 E-Weblite will not be held responsible for e-commerce billing methods with financial institutions. It will be the responsibility of the client to the Banks. 9.8 It is the sole responsibility of the client to inform E-Weblite of appropriate changes on their (the client's) website. The content will be copied onto diskettes, CD's, PDF's or via e-mail transfers & strict control will be excercised on date of content distribution. 9.9 Maintenance to websites will be performed on a weekly, monthly or quarterly depending on the client's needs. Short meetings will be held between one of E-Weblite's webmaster and the client during the period of the maintenance contract. 9.9 Should no maintenance contract be entered into or the maintenance contract not be renewed, E-Weblite will take no responsibility for the client's site.
10. DISCLAIMER FOR LIABILITY
10. The client shall have no claim against E-Weblite and the client hereby indemnifies and hols E-Weblite free from liability in respect of any loss or damage: 10.1 caused by or arising from any fact or circumstances beyond the reasonable control of E-Weblite or if such loss or damage is consequential or incidental loss or damage or 10.2 any down time, interruption or unavailability of the appropriate service provider which may affect our lead-time for development. 10.3 Any breakdown of whatever nature and howsoever arising in any of the services provided by Telkom (including, but not limited to line failure) or in any international services or remote mail servers. 10.4 The damage contamination or corruption of any kind of the server or any of the client's data, material, information and/or content howsoever occasioned. 10.5 Any inaccuracies in the impression statistics given to the client or in the page counter on the client's website. - 4 -
QUOTATION
WEB DESIGN
1. Check availability of domain name 2. Registration of domain name with service provider R …………. 3. Create and develop website
Option 1 R ………….
Home page Products/service page Contact page Feedback form (specify) ……………………………
Option 2 R ………….
Home page Products/service page Contact page Feedback form (specify) …………………………… About your company page (portfolio page) Price sheet page
4. Upload of FTP R …………. 5. Link to search engines
Total R ………….
Method of payment
By cheque ……. By EFT ………
50% of total amount payable immediately and balance payable immediately on completion of website and sign off by customer.
Banking details
Bank : Standard Bank Branch : Branch code : Acc name : e-weblite (Pty) Ltd Acc no. :
Material received from customer/client
Logo ……….. Photos ……….. Information ………..
Lead time …………………………….
Above quotation accepted
______Date ______For and on behalf of ……………………………………………………………….…….. He/her being duly authorised hereto by a resolution of directors/members passed on ______. - 5 -
QUOTATION
WEBSITE MAINTENANCE
Monthly maintenance will include: i Adding new text ii New products/services iii Updating old information iv Updating company news v Maintaining e-zines
All other changes can be undertaken, but will be charged for additional to the fixed monthly rate.
1. Monthly maintenance (1 - 4 pages) R ………….
2. Monthly maintenance (5 - 6 pages) R ………….
3. Maintenance contract to commence on ………….……………
4. Monthly payment to commence on ...…….………..……..
5. Three (3) months notice period required to cancel maintenance contract.
Above quotation accepted
______Date ______
For and on behalf of ……………………………………………………………………………….. He/her being duly authorised hereto by a resolution of directors/members passed on ______.