TERMS AND CONDITIONS

Please find below the terms and conditions for all projects, websites and services rendered by RABBIT MEDIA. These terms and conditions are applicable to all web development projects undertaken by RABBIT MEDIA. If the project is to be hosted and/or managed by RABBIT MEDIA, then the same terms and conditions apply. This document of terms and conditions is a binding, legal agreement between RABBIT MEDIA (includes all employees of said company) and the ‘client’ for website development, website design, graphic design, content creation, and any other services that RABBIT MEDIA offers. The terms of this document must be signed and agreed upon prior to the start of the project. Please note that updates to policies and procedures can be made to this page without notice. RABBIT MEDIA is not registered for Value Added Tax (VAT).

SECTION A:

PROJECT PROCEDURES AND POLICY AGREEMENT BETWEEN THE CLIENT AND RABBIT MEDIA

PAYMENT

1. Client is required to sign the quotation offered to them, agreeing that they acknowledge and accept our terms and conditions. This must be emailed to accounts@rabbitmedia.co.za.
2. Quotes are valid for only 7 (seven) days from issue. Quotes do not include domain name registration, domain hosting or monthly content creation updates unless specified.
3. Working hours of RABBIT MEDIA are from Mondays to Fridays. All communication regarding the project will be carried out during business hours, unless stated in writing otherwise. RABBIT MEDIA may appoint subcontractors for the performance of any of the Project tasks.
4. Unless stated in writing otherwise, a non-refundable deposit of 50% of the full amount presented in the quotation is required to be made by the client before the start of the project.
5. In the event of suspension due to non-payment, RABBIT MEDIA reserves the right to charge interest every month on arrears of all services rendered.
6. Any additional amendments and changes made after signing off the project as completed will incur additional costs billed either monthly or per hour, as will be quoted and agreed upon as per these terms and conditions.
7. If a project is cancelled, all fees payable for work completed up to that point will be calculated and invoiced, payable by the client 7 (seven) days from statement issue date. Deposits made for work already performed are non-refundable.
8. Failure to comply with our terms and conditions with regards to transactions, payments and interactions will result in legal action being followed through by our attorneys, for which the legal costs thereof will be for the client’s account.
9. The amounts payable in terms of this agreement do not include sales taxes (other than VAT, if so specified), excise, gross receipts and withholding taxes, universal service fund fee or any similar tax or any government-imposed fees or surcharges which may be applicable thereto (collectively “taxes”). The client shall pay or reimburse RABBIT MEDIA for all such taxes (excluding tax on RABBIT MEDIA income), which will be invoiced to the client in accordance with the law where the client is domiciled.

HOSTING

1. If hosting is not to commence with us, then the client is required to provide their Cpanel, FTP, database and other requested relevant details that is required by RABBIT MEDIA. When not hosted with us, RABBIT MEDIA will not take responsibilities for hosting services and all technical aspects of your website must be addressed with your service provider.
2. If hosting is commenced with us, then monthly hosting and yearly domain fees must be paid before the last day of the hosting renewal date or commencement date of the hosting account.
3. Failure to do so will result in suspension. In the event of suspension, an additional reactivation fee of R350 (subject to change) will apply.
4. Hosting cancellations must be done in writing and emailed through to therabbithole@rabbitmedia.co.za or accounts@rabbitmedia.co.za on the date of cancellation, before the 1^st of the new month, as cancellations carry a 30 day notice period.
5. RABBIT MEDIA will not be held liable for any viruses, hacking, security breaches, spoofing or any malicious content pertaining to any third-party applications, client’s emails or on the client’s website .

TEMPLATE LICENSING

1. All wordpress templates hold a 1 (one) year license after which a new license can be purchased at an additional cost.
2. All template updates are provided during the first year of purchase after which an additional license is required.

COPYRIGHT

1. Client must ensure they have the copyright for all material and content supplied. RABBIT MEDIA and all our associates will not be held responsible for any copyright disputes ensued due to misuse conducted by the client.
2. Costs resulting due to copyright disputes shall be covered for by the client.

GRAPHIC DESIGN AND PROJECT MANAGEMENT

1. Client is required to sign confirmation that they are happy with the graphic design/logos/images/colours provided and the format in which they are to be printed (if part of the project) before commencement of printing and producing hard copies and final results of banners/logos/marketing tools and other related printable items. Any changes required afterwards will be billed separately as reprinting costs.
2. The Parties shall, immediately after the Client has accepted the Proposal, prepare and sign a project initiation document (“PID”) in respect of the Project. The PID shall set out the detailed specifications according to which the Project will be conducted. When the Parties have signed the PID, it shall be deemed to form a part of this Agreement. The PID shall be the first deliverable of the Project.
3. Date of completion of a project is affected by client feedback, receiving content/details on time and hence timelines will be adjusted accordingly.
4. RABBIT MEDIA will provide completed results of projects once full payment has been made and proof of payment emailed. Work in progress will be billed monthly according to the amount of work completed and relative to ongoing retainers. This is payable within 7 (seven) days of statement issued date.
5. Setting clear goals, objectives and specifications in the initial negotiation of project details and making RABBIT MEDIA aware of all personalised needs of the project in writing remains the responsibility of the client.
6. The Parties acknowledge the interactive nature of the Project and undertake to: 1) procure that their representatives and personnel cooperate with all personnel assigned to the Project; 2) use their best endeavours to resolve any disputes amicably and reasonably with due regard to the aims and objectives of the Project; 3) adhere to the change control procedure as set out in the PID (“Change Control Procedure”); 4) communicate material developments that could impact upon the Project, to the Project team without delay.

SECURITY AND COMMUNICATION

1. RABBIT MEDIA will not be held liable for any viruses, hacking, security breaches or any malicious content pertaining to any third-party applications or to the client’s website.
2. All meetings with confirmed clients (Skype, email and telephonic) will be made free of charge (excluding clients having been issued legal notices).
3. The client shall: 1) make available to RABBIT MEDIA all information pertinent to the project. RABBIT MEDIA shall rely upon the accuracy, completeness and correctness of such information.
4. The client indemnifies RABBIT MEDIA against all claims and losses arising from the provision by the Client to RABBIT MEDIA of any incomplete and/or incorrect information; 2) give prompt consideration to all specifications, proposals and other documents relating to the project, submitted to the client by RABBIT MEDIA; 3) provide RABBIT MEDIA personnel, if need be, with full access to the client’s premises and, free of charge, with adequate working space and all necessary facilities to enable them to conduct the project effectively. RABBIT MEDIA shall not be liable for any failure to perform its obligations attributable to a failure by the client to comply with its obligations under this agreement.
5. The project shall be completed on acceptance by the client of the final deliverable of the final milestone. The Client shall furnish RABBIT MEDIA with a signed project completion document after completion of the project, within 3 (three) business days after it had approved the final milestone, failing which the client shall be deemed to have duly signed the project completion document.

EXCLUSIONS

1. The Project shall not include: 1) maintenance of software that RABBIT MEDIA does not have a right to use and/or maintain; 2) services required due to: a) a failure by the client to maintain appropriate environmental conditions for its software and/or hardware; b) damage to or misuse of any software and/or hardware by any person other than RABBIT MEDIA, its employees, agents or contractors; c) software and/or hardware being modified or maintained (or attempts being made to do so) by someone other than RABBIT MEDIA or its agents; 3) service disruptions due to factors beyond RABBIT MEDIA direct areas of responsibility; 4) data loss as a result of lack of adequate virus protection and/or due to storage medium failure.
2. RABBIT MEDIA excludes any warranties/guarantees, including warranties as to existing functionality, fitness for a particular purpose, uninterrupted use, merchantability or absence of any error of code or media, in respect of third party software and accepts no liability arising out of or caused by any defect or failure in/of such software.

SECTION B:

GENERAL INFORMATION REGARDING LEGAL PROCEEDINGS AND AGREEMENT BREACHES

1. All rights, title and interest in and to all intellectual property of whatever nature relating to any equipment and/or software shall remain the sole property of RABBIT MEDIA, the client, their vendors or suppliers, who own such equipment and/or software.
2. Any claim by the Client against Rabbit Media howsoever arising shall in the aggregate be limited to 10% of the total amount paid by the client to RABBIT MEDIA in terms of this agreement prior to the date that the client institutes the claim against RABBIT MEDIA. In any event, RABBIT MEDIA will not be liable to the client for: (a) indirect or special damages and/or (b) loss of income or profit, howsoever arising, whether or not caused by its employees, agents and/or contractors, and regardless of form or cause of action. The provisions of this clause are also stipulated for the benefit of the employees, agents and/or contractors of RABBIT MEDIA.
3. If the Client fails to pay any undisputed amount due and payable to Rabbit Media in terms of this Agreement for the rendering of any services or the delivery of products, then Rabbit Media may, without prejudice to any other rights it may have, suspend the rendering of further services or provision of products until payment thereof.
4. The terms and conditions contained on the client purchase order, order acceptance forms and/or invoices shall not apply to supplement or supersede any provision of this agreement.
5. Information or documents sent to RABBIT MEDIA by e-mail shall be deemed to have been received by RABBIT MEDIA only once RABBIT MEDIA has acknowledged receipt thereof in writing.
6. The words “Signed” or “signature” when used herein shall refer to a hand-written signature, and not a signature appended by electronic communication. “Electronic communication” has the meaning assigned to it in the Electronic Communications and Transactions Act, no. 25 of 2002.
7. If any conflict arises in respect of the provisions contained in these terms and conditions and the quote/proposal, the provisions hereof shall prevail.
8. The client shall bear all risk of damage to or loss of the products as set out in the quote/proposal from the delivery of the products to the client.
9. Notwithstanding delivery and invoice of the products as set out in the quote/proposal to the client, ownership in and to such products shall not pass to the client until the purchase price of such products has been paid in full to RABBIT MEDIA.
10. Each Party acknowledges that it does not enter into this agreement on the basis of and does not rely on any representation, warranty or other provision, whether express or implied, except as expressly provided in this agreement. All conditions, warranties or other terms implied by statute or common law are excluded to the fullest extent permitted by the law of the Republic of South Africa.
11. Each Party warrants that it is acting as principal and not as agent for any other person, whether disclosed or otherwise.
12. This Agreement shall be governed by, construed and interpreted in accordance with the laws of the Republic of South Africa.