Terms
and Conditions
The Terms & Conditions are a legal and binding document for and on behalf of any Client(s) who request products/services from The Sunshine Network t/a Sunshine Developers. Paying the retainer/deposit after receipt of a quote constitutes acceptance of the below terms.
General Terms and Conditions:
1. Project Specifications
1.1. The Client must supply the Project Specifications to Sunshine Developers in order for Sunshine Developers to issue an accurate and binding quotation.1.2. If the Client requires further assistance with the creation of Project Specifications, Sunshine Developers can assist the Client. This time may be billed to the Client at the discretion of Sunshine Developers’.
2. Quotation
2.1. Quotations are valid for 14 (fourteen) calendar days from the documented date on the Quotation.2.2. Quotations do not include domain name registration or hosting fees unless otherwise specified.
3. Acknowledgement
3.1. Upon a Client accepting the Sunshine Developers’ Quotation, the Client acknowledges that they have read and accepted these Terms and Conditions.
4. Agreement
4.1. The Client acknowledges acceptance of the Quotation and these Terms and Conditions by paying 50% of the total quoted South African Rand (ZAR) value as a deposit to Sunshine Developers’ stipulated bank account details as provided on the Invoices. Clients can be billed in other currencies if agreed by both parties.4.2. Products and/or services as described in the Quotation will only commence, once the Client’s deposit has been confirmed as received by Sunshine Developers’.4.3 Sunshine Developers commit to working expeditiously to complete the quoted products and/or services within the Project Specifications and timeframes indicated as per the Quotation(s).4.4. Sunshine Developers cannot be held responsible for delays outside of their control, including but not limited to equipment failure, Third Party Hosting Services, and internet connections.4.5. Sunshine Developers endeavour to make websites that perform well in up-to-date, current major browsers (Google Chrome, Firefox, Safari, Microsoft Edge), but cannot guarantee backward compatibility (i.e., functionality on older or obscure devices and software).
5. Deposit
5.1. Deposit(s) are non-refundable unless Sunshine Developers, at their sole discretion decide otherwise. The decision by Sunshine Developers is based on the factors surrounding the project in question and is non-negotiable.
6. Required Documentation
6.1. Required documentation refers to 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. This includes all material such as text copy, product details, pictures, videos, company profiles, et cetera.6.2. The Client is to provide all Required Documentation electronically to Sunshine Developers’, to initiate work on the quoted products and/or services, unless they are to be created as part of the project.6.3. The Client’s quoted and accepted products and/or services will only be queued and allocated accordingly, after compliance with Terms & Conditions 6.2. unless agreed otherwise in writing.6.4. If the Client does not supply Sunshine Developers with the Required Documentation within 20 (twenty) calendar days from the Invoice date, the entire amount of the Agreement becomes due and payable, should the Client choose to continue the Agreement with Sunshine Developers’.6.5. If the Client still has not submitted or provided all the Required Documentation within 45 (forty-five) calendar days from the Invoice date, an additional continuation fee of 15% of the total Quotation(s) will be billed for each month until the quoted products and/or services are completed.
7. Copyrights
7.1. The Client must ensure they have the Copyright for all material supplied.7.2. Sunshine Developers’, 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.7.3 If and when Sunshine Developers 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.7.4. Sunshine Developers’ does not take any responsibility for all content supplied by the Client without proper Copyright whatsoever.
8. Graphic Images
8.1. Unless otherwise specified in the Quotation, the Client shall supply all Graphic Images to be published in accordance with the specified products and/or services.8.2. Graphic Images (including but not limited to artwork and logos) supplied by the Client, must be of high digital quality and applicable format. The format can be confirmed with the Sunshine Developers’ team as required.
9. Photographs
9.1. Photographs supplied by the Client must be of high digital quality and applicable format.
10. Printing
10.1. Sunshine Developers’ does not offer any printing products and/or services, therefore, Sunshine Developers take no responsibility for print or Printing errors.10.2. Completed graphic design, logo, or any artwork by Sunshine Developers’ will be e-mailed to the Client, and the Client will agree directly with the printer of their choice.10.3. To ensure colour and print quality, it is the Client’s responsibility to request a colour proof from their printers.
11. Website Hosting
11.1. Hosting via Sunshine Developers.’11.1.1. Hosting via Sunshine Developers allows for allocated disk space and traffic bandwidth limited to that Hosting package. Disk over-usage will be charged at the appropriate rate at that time, Invoiced to the Client’s account and must be paid within 14 (fourteen) calendar days after the Invoice date thereof. Overage pricing/rates are explained in the quotes.11.1.2. Monthly Hosting & Yearly Domain Fees must be paid on or before the last working day of each month unless committed to payment using a stop order payment, in which instance the last calendar day is applicable.11.1.3. Hosting fees are payable from the date of domain registration, transfer to Sunshine Developers’ hosting and, if applicable, from the start of website development by Sunshine Developers’.11.1.4. Payments not received by the 1st of each month automatically suspend the Client’s Hosting service, thus risking deactivating the Client’s website. This can be waived at the sole discretion of Sunshine Developers’, without giving up any rights as per the terms and conditions.11.1.5. A reactivation fee, at the appropriate rate at that time, will be billed to the Client based on time spent correcting the suspended account.11.1.6. Hosting fees not received for three consecutive calendar months irrevocably terminate the linked website 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.11.1.7. Sunshine Developers 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 by these Terms and Conditions.11.1.8. Hosting cancellations are only accepted in writing or e-mailed to admin@sunshinedevelopers.co.za on or before the 1st of the new month as it carries a calendar month notice period.11.1.9. All outstanding payments must be paid up to date before the Client’s Hosting services will be terminated with Sunshine Developers’, thus enabling release to transfer to a Third-Party Hosting Service Provider.11.1.10. Sunshine Developers’ uses the world’s leading WordPress host, WP Engine. Sunshine Developers cannot be held liable for downtime or loss due to technical faults from the servers due to hacks, technical errors, electricity outages etc.11.1.11 Should there be any website downtime due to the reasons outlined in 11.1.10, Sunshine Developers will do everything they can to resolve the situation. If there are credits passed on from WP Engine, this will be shared with the clients.11.1.12 Should the hosting be cancelled as outlined in 11.1.8, the onus will be on the client to migrate/transfer the site and all its content. Should the client prefer that this be managed by Sunshine Developers’, this can be arranged. Time spent by Sunshine Developers’ will be billed to the client.11.2. Hosting via a Third-Party Service Provider.11.2.1. If the Client uses a Third-Party Service Provider, the Client will agree directly with that Third Party Service Provider.11.2.2. Sunshine Developers’ 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 Sunshine Developers’.11.2.3. All technical aspects of websites must be referred to the Client’s Third-Party Hosting Service Provider.11.2.4. Sunshine Developers’ 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 Sunshine Developers’.
12. Search Engine Optimization (SEO)
12.1. Sunshine Developers cannot guarantee search positions or rankings of websites but include Search Engine Optimization (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. Sunshine Developers can assist with the Client’s SEO when required and will issue the Client a Quotation accordingly.
13. E-Commerce
13.1. Sunshine Developers’ 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.13.2. Should the Client require Sunshine Developers to load more than the aforementioned ten loaded products, Sunshine Developers’ will issue the Client a Quotation accordingly.
14. Balance of Payment
14.1. The Client is required to e-mail the Proof of Payment to Sunshine Developers’.14.2. All work remains the property of Sunshine Developers until the full and final payment is received.
15. Completion Date
15.1. Activation of the Client’s website is conditional to the Terms & Conditions 14 above.15.2. The Completion Date of a project is affected by feedback and received content from the Client. Timeframes will be adjusted within reason, notwithstanding these Terms & Conditions.
16. Additional Work
16.1 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 by these Terms and Conditions, quoted and agreed to.16.2. All payment(s) and timeframe(s) as set out in these Terms and Conditions shall apply.16.3. Scope creep will not be tolerated, and setting clear goals, objectives and specifications in the initial negotiations and Project quotes with Sunshine Developers remain the responsibility of the Client.16.4. Sunshine Developers 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 Sunshine Developers’ will issue the Client a Quotation accordingly.
17. Service Agreement
17.1. The Client may request that Sunshine Developers access their website’s Content Management System to make the requested changes. Upon doing so, the Client indemnifies Sunshine Developers 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.
18. Invoices and Statements
18.1. Sunshine Developers’ is not a credit service provider and does not grant any credit facilities whatsoever.18.2. Client Statements and accounts do not imply negotiable payment terms and are issued by the nature of Sunshine Developers’ being a month-to-month service provider.18.3. All Invoices are billed to the Client’s account and e-mailed to the Client by these Terms and Conditions, and payments made by the Client are allocated to Invoices on the Statement upon Sunshine Developers’ having confirmed receipt of said funds.18.4. Invoices, corresponding payments received, and due balances will reflect on the Client’s Statement.18.5. 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.
19. Consultations
19.1. Telephonic, Skype or e-mail queries will be responded to free of charge for confirmed Clients according to Terms & Conditions 4.1.19.2. Meetings and consultations will be charged at the discretion of Sunshine Developers’, by these Terms and Conditions quoted and agreed to.
20. Legal Costs
20.1. Failure to comply with these Terms and Conditions regarding payments and fees will result in legal action from Sunshine Developers’’ legal representative(s), and the full outstanding balance becomes payable.20.2. All legal costs resulting from non-payment will be accrued to the Client’s outstanding balance.
21. Cancellations
21.1. 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 50% deposit will be billed to the Client. This is payable within 14 (fourteen) calendar days of the Invoice date.21.2. Sunshine Developers’ will only refund the Client’s amounts paid for products and/or services not delivered by the initial Agreement(s) or the balance thereof by Terms & Conditions 21.1.21.3. Sunshine Developers reserves the right at its discretion to cancel this Agreement should the Client breach any of the Terms and Conditions stated herein.
22. Security
22.1. Sunshine Developers’ will not be held liable for any viruses, hacking, malicious content, or any Security breaches about any third-party applications or the Client’s website.
23. General
23.1. Sunshine Developers reserves the right to make changes to these Terms and Conditions at any time without the prior consent of any or all their Clients, employees, independent contractors, affiliates, agents, agencies, or any other third-party agreements.23.2. These Terms and Conditions are legally binding by the publishing date hereof, as incorporated on Sunshine Developers’ website.