Terms of Service

These Terms of Service (the "Agreement") contain the complete terms and conditions which govern your subscription of Website Design, Development, Graphics and other services provided by Designed by Yanda (the "Services"). As used in this Agreement, "Yanda" or "Designed by Yanda" means Designed by Yanda and "Client", "you", or "your" means you. You acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the Designed by Yanda site.

As referred to in this Agreement, "Site" refers to a World Wide Web site and "Designed by Yanda Site" refers to the Site located at the URL https://www.designedbyYanda.co.za or any other successor Sites owned or maintained by Designed by Yanda.

The following terms and conditions apply to all website design/development or graphic design services provided by Designed by Yanda to the Client.

Acceptance

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

Charges

Charges for services to be provided by Designed by Yanda are defined in the project quotation that the Client receives via e-mail or WhatsApp in a portable document format (PDF). Quotations are valid for a period of 30 days. Designed by Yanda reserves the right to alter or decline to provide a quotation after expiry of the 30 days.

Unless agreed otherwise with the Client, all website design services require an advance payment of a minimum of fifty (50) percent of the project quotation total before the work is supplied to the Client for review. The remaining fifty (50) percent of the project quotation total due upon completion of the work, prior to upload to the server or release of materials.

Payment for all services is due by bank transfer. Bank details will be made available on invoices and quotations.

Client Review

Yanda will provide the Client with an opportunity to review the appearance and content of the website or graphics during the design phase and again when the design phase is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Yanda otherwise within ten (10) days of the date the materials are made available to the Client.

Turnaround Time and Content Control

For Websites

Yanda will begin work on the Client's website upon receiving the first half of payment. Yanda will activate and publicise the Client's website by the date specified in the project proposal, or at date agreed with Client upon Yanda receiving full payment, unless a delay is specifically requested by the Client and agreed by Yanda. In return, the Client agrees to delegate a single individual as a primary contact to aid Designed by Yanda with progressing the commission in a satisfactory and expedient manner.

Websites designed at Yanda will take anywhere from 48 hours to 2 weeks. However, depending on the amount of work needed on a website, turnaround time can go beyond the estimated time.

NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website.

For Graphics

Yanda will begin work on the Client's graphics upon receiving the payment. Graphics designed at Yanda can take anywhere from a few hours to 7 days to complete.

Payment

Invoices are provided by Yanda upon completion of any website or graphic project. Invoices are normally sent via email; however, you may choose to receive via WhatsApp. Invoices are due upon receipt.

Additional Expenses

Client agrees to reimburse Designed by Yanda for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.

Web Browsers

Yanda makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Opera, Google Chrome, Forefox, Edge etc.). Client agrees that Designed by Yanda cannot guarantee correct functionality with all browser software across different operating systems.

Yanda cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Designed by Yanda reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

Default

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. Any website designed for a defaulting Client be will offline and unaccessible through its web address until the Client makes a payment. Any graphics designed for a defaulting Client will not be made available to Client until payment has been made. Yanda reserves the right to reuse any designs created for a defaulting Client.

Termination

Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. Telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

Indemnity

All Yanda services may be used for lawful purposes only. You agree to indemnify and hold Yanda harmless from any claims resulting from your use of our service that damages you or any other party.

Copyright

The Client retains the copyright to data, files and graphics provided by the Client, and grants Yanda the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Yanda permission and rights for use of the same and agrees to indemnify and hold harmless Yanda from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions.

Standard Media Delivery

Before the design phase begins, you (the Client) will be required to provide website content; text, images, videos, external links and sound files. Otherwise, Yanda, can use its own content and/or stock images and videos where suitable.

Unless otherwise specified in the project quotation, this Agreement assumes that any content will be provided by the Client digitally via email or WhatsApp. Content such as photographs, videos and other graphics must be zipped to maintain their quality. Accaptable text formats are .txt, .rtf, .docx, .doc, .pdf or just plain text for shorter text. Acceptable photograph or graphic formats are .png, .gif, .jpg, .svg and .webp. Acceptable video and animation formats are .gif, .mp4 and .3gp.

Photographs, videos and other graphics are to be zipped and sent in via email or WhatsApp. Should you choose not to zip your file, Yanda will not be liable for any images and videos that lose quality due to WhatsApp compression and cloud storage compression.

All graphics designed by Yanda will be compressed in a zip file and sent to the Client by email and/or WhatsApp.

Third-Party Hosting

The Client acknowledges and agrees that their website is to be installed/hosted on a third-party server (such as Google Sites and Wordpress). Yanda will either create an account fo the Client on the third-party's platform or be granted the necessary permissions by the Client.

Post-Placement Alterations

Designed by Yanda cannot accept responsibility for any alterations caused by a third party occurring to the Client's pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.

Server Maintenance and Down time

Yanda will not be held liable for any losses incurred during server maintenance initiated by the third-party server or host. Yanda will not be held liable for any losses and down time due to domain registra error and third-party error.

General

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client's signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.

This Agreement shall be governed by South African Law.

Liability

Yanda hereby excludes itself, its Employees and or Agents from all and any liability from:
• Loss or damage caused by any inaccuracy,
• Loss or damage caused by omission,
• Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of a website or graphics,

The entire liability of Yanda to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

Severability

In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.