terms and conditions

Terms & Conditions

Web Design Terms

The following terms and conditions apply to all website development/design services provided by Bloom Design Studio 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 Bloom Design Studio are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 30 days. Bloom Design Studio has 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. A second charge of fifty (50) percent is required upon completion of the work, prior to upload to the server or release of materials. 

Payment for services is due by bank transfer. Cheques should be made payable to Bloom Design Studio. Bank details will be made available on invoices. 

 

Client Review 

Bloom Design Studio will provide the Client with an opportunity to review the appearance and content of the website during the design phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Bloom Design Studio otherwise within fourteen (14) days of the date the materials are made available to the Client. After fourteen (14) days, changes to the design will be charged at an hourly rate. 

 

Turnaround Time and Content Control 

Bloom Design Studio will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon Bloom Design Studio receiving initial payment, unless a delay is specifically requested by the Client and agreed by Bloom Design Studio. 

During the project, Bloom Design Studio l will require the Client to provide website content; text, images, videos, sound files, and current SOH forms. 

Websites need to be completed within a 3-month period, any websites (due to the client) which are not live within this period will need to pay the full outstanding amount due and an activation fee of 10% of the websites total value to continue development. 

 

Failure to provide required website content: 

Bloom Design Studio is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time, your website deadline will be pushed out. 

 

Payment 

Invoices will be provided by Bloom Design Studio upon completion but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of one and one-half percent (1.5%). 

If the client would like to utilize a monthly payment plan, it is a requirement that the Client requests this directly with Bloom Design Studio.  

If the client fails to make payment on any instalment, the website will be taken down after 30 days. 

 

Additional Expenses 

Client agrees to reimburse Bloom Design Studio for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography, additional memberships or subscriptions with third-party providers, etc. 

 

Web Browsers 

Bloom Design Studio 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. Firefox, Internet Explorer, Google Chrome, etc.). Client agrees that Bloom Design Studio cannot guarantee correct functionality with all browser software across different operating systems. 

Bloom Design Studio 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, Bloom Design Studio 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. If the Client in default maintains any information or files on Bloom Design Studio’s Web space, Bloom Design Studio will, at its discretion, remove all such material from its web space. Bloom Design Studio is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Clients with accounts in default agree to pay Bloom Design Studio reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Bloom Design Studio in enforcing these Terms and Conditions. 

 

Termination 

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

 

Indemnity 

All Bloom Design Studio services may be used for lawful purposes only. You agree to indemnify and hold Bloom Design Studio 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 graphic logos provided by the Client, and grants Bloom Design Studio 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 Bloom Design Studio permission and rights for use of the same and agrees to indemnify and hold harmless Bloom Design Studio from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Bloom Design Studio that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested. 

 

Design Credit 

A link to Bloom Design Studio will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. The Client also agrees that the website developed for the Client may be presented in Bloom Design Studio’s portfolio. 

 

Access Requirements 

If the Client’s website is to be installed on a third-party server, Bloom Design Studio must be granted temporary read/write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server. 

 

Post-Placement Alterations 

Bloom Design Studio 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. 

 

Domain Names 

Bloom Design Studio may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Bloom Design Studio. The Client should keep a record of the due dates for payment to ensure that payment is received in good time. 

 

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. 

 

Governing Law 

This Agreement shall be governed by South African Law, Jurisdiction being Cape Town, South Africa. 

 

Liability 

Bloom Design Studio 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 the web site; 
  • Loss or damage to clients’ artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise. 

The entire liability of Bloom Design Studio 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, 
 

Backups and Errors 
We will not be held liable for any error or breakage occurring on the client’s website if Bloom Design Studio: 

  • Has given over admin logins of the website to the client 
  • Is not hosting the website 
  • Does not maintain the website via a maintenance plan 

This applies if any one or more of the above conditions are met. 

Bloom Design Studio is not required to keep any form of backup of the client’s website if: 

  • A backup is not specifically requested from the client 
  • Bloom Design Studio is not hosting the website 
  • Bloom Design Studio does not maintain the website via a maintenance plan 

This applies if any one or more of the above conditions are met. 

 

Ownership 
Once you have paid us in full for our work we grant you the admin logins for the website and contents for the life of the website. 

 

Maintenance 
Please note that if you choose not to take our maintenance plan, we cannot be held liable for your site crashing regardless of its cause. Furthermore, we will not take liability for your site not working due to new PHP versions that have come out. Please see our Maintenance Terms below.

Web Maintenance Terms

Website Maintenance 

The following terms and conditions apply to all website maintenance services provided by Bloom Design Studio to the Client. 

  1. All clients enter into a website maintenance contract for a 12-month period. Thereafter clients may terminate this agreement (with 30 days written notice) or renew their annual contract.
  2. Website maintenance consists of the following items but not limited to:
    – Updates on websites (WordPress, Plugins & Themes)
    – Updating blog posts
    – Adding new products and categories
    – Removing copy/text and images
    -Adding new pages on your existing website 
  3. Hours that have not been used will roll over to the following month. Hours do not roll over for more than 1 month.
  4. All hours that have not been used in the month cannot be exchanged for cash. 
  5. The following items are not included in the maintenance package:  
    – Adding a shop/e-commerce functionality to an existing website
    – Adding paid plugins
    – Any high-level design/development
    – Hosting related issues such as site transfers
    – Site breakage or errors caused by a third party
  6. If your hours have finished during the month, you may top up your hours at a fee of R600 per hour. 
  7. If the Client has logins to the website and the website goes down, crashes, develops errors of any sort due to work/ changed made by anyone other than Bloom Design Studio, you may be charged an additional fee depending on the severity of the issue.
  8. It is the client’s responsibility to check and ensure that all website updates and/or edits have been correctly made. Bloom Design Studio will not be held responsible for any loss of sales due to updates and/or edits which were not checked by the client after changes were made.
  9. Maintenance does not mean “eyes on the website” all the time and issues on the website will still need to be reported. 
  10. Additional design/development issues may be charged separately depending on the level of fault. 

SLA Agreement 

Business Hours 

  1. Bloom Design Studio operates between 09h00 and 17h00 on Monday to Thursday, and 09h00 and 16h00 on Fridays.
  2. Bloom Design Studio agrees to be available during these hours for work required.
  3. These times exclude Public Holidays, office closures over the festive season, and any delays due to unforeseen circumstances.
  4. Bloom Design Studio commits to responding to client communication within 3.5hrs of initial communication being sent (within business hours).
  5. This communication is not a commitment to the completion of requested work but rather that client communication has been received and a deadline for completion of work will be provided.
  6. These communications are subject to closures, public holidays, weekends, and any delays due to unforeseen circumstances 

Out of Business Hours 

7. These hours are from 17h01 till 08h59 Monday to Thursday, and 16h01 till 08h59 on Fridays. This includes all weekends, public holidays and closures over the festive season.
8.
Bloom Design Studio commits to being available at all times for urgent work required. This urgent work must be requested with notice and the Clients understanding that any timeframe cannot be guaranteed. 
9. Urgent work is defined as the following: 

  • Errors 
  • Crashes 
  • Downtime
    All other work forms part of either maintenance or development and shall be quoted/completed during normal business hours.

11.Bloom Design Studio may charge for all out of business hours work at a rate of R1000/per hour under the following circumstances: 

  • Errors, crashes, downtime, maintenance due to any work carried out on the site by other parties/companies without prior notice 
  • Errors, crashes, downtime, maintenance due to any work carried out on the site by other parties/companies advised against/alternative options provided by Bloom Design Studio
  • Maintenance work urgently required due to client delay during normal business hours
    All out of business hours charges will be communicated upfront with the client and must be agreed to prior to work taking place. 

Completion of work 

13. Bloom Design Studio commits to providing reasonable timeframes for all work requested.
14. This includes but is not limited to – development work, maintenance, digital strategy development and implementation.
 

 

Delays 

15. Should Bloom Design Studio experience any delays /errors whilst completing work requested, any adjustments to the timeframe will be communicated well in advance with full details as to the delay. 
16. Should the Client request any amendments, changes, require more time, delay the work/material owed to Bloom Design Studio. Bloom Design Studio will not be held to the original deadline as this will be extended. Any commitment to initial deadlines with delays from the client need to be discussed and agreed to. 

 

External influences/parties’ access 

17. Bloom Design Studio will not be held responsible for any errors, changes, crashes, delays due to other parties’ work completed on a website. 
18. All work completed by additional parties must be communicated to Bloom Design Studio well in advance in order to ensure no changes are made to the site which results in a negative impact on the site. 

Web Hosting Terms

By making use of Bloom Design Studio’s website hosting service you agree to be bound by our Standard Terms and Conditions. 

Your agreement commences from the time that your service is added to the servers and continues until either party terminates the agreement. 

 

  1. You are required to give at least 1 calendar month written notice of cancellation for hosting services.
  2. You may request immediate transfer of the domain, but it may come with an administration fee. 
  3. It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time.
  4. You agree that until and unless you notify us of your desire to cancel any or all services received, those services will be billed on a recurring basis. 
  5. If you decide to cancel your annual hosting agreement within the 12 month cycle, which was paid for in full for the year, you will not receive any refunds for months not utilized. 
  6. Please note that fees payable for domain registration and renewal costs are non-refundable. 
  7. We provide a 10 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 15 days will result in account and service suspension until account balance has been paid in full. Access to the account will not be restored until all outstanding payments have been received. We do not charge a reactivation fee. 
  8. Non-payment of outstanding service fee invoices will result in termination of the hosting service. There is no guarantee that a backup will be available. 
  9. Upon termination or expiry of this agreement, we may delete all of your data from any of our web hosting servers 
  10. We will not give out or change passwords except when requested in writing by the Client, or after a breach of account. Client will keep secure any and all passwords used to upload and change data. 
  11. You will be charged for your web site hosting services in accordance to the current price list. 
  12. From time to time, there may be scheduled maintenance to the servers. The scheduled maintenance may require the service to be offline for some time. 
  13. We use the services of a third party registrar to register domains. The registration is subject to the terms of the relevant registrar. Registration, maintenance, or transfer of a domain name is subject to the terms of the relevant registry governing the domain name. 
  14. We reserve the right to refuse service to anyone for any reason not prohibited by law. We reserve the right to terminate service to any customer for any reason not prohibited by law. 

Last Updated: June 2024