Website Design and Rental
Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Liquid Binary cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.
The website, graphics and any programming code remain the property of Liquid Binary during the period of rental unless the option to buy outright is exercised. Any content, media of any description and domain name remain at all times the property of the client.
Liquid Binary cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
Liquid Binary cannot be made responsible for any material submitted via the CMS on the clients’ website. We reserve the right to remove such offensive content and refuse service on such site until the issue is resolved.
Liquid Binary cannot be held responsible for any validation errors in the page after the CMS has been used. This website will be fully W3C compliant when the website goes live, from the moment the client edits the website via the CMS we are no longer in control of the websites validation status.
Liquid Binary cannot be held responsible for changes in the CMS that result in a page failure, however will work with the client to rectify the error as soon as possible.
Any additions to briefs provided will be carried out at the discretion of Liquid Binary and where no charge is made by Liquid Binary for such additions, Liquid Binary accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.
The client agrees to make available as soon as is reasonably possible to Liquid Binary all materials required to complete the site to the agreed standard and within the set deadline.
Liquid Binary will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
Liquid Binary will not be liable for any losses of monies, losses of information or website malfunction using the ecommerce system
powered by woocommerce, to view terms and conditions of woocommerce please visit https://woocommerce.com/
Please ask a member of the Liquid Binary team for a copy of the woocommerce conditions if they are for some reason unavailable to you online.
Liquid Binary will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. E.g. any disputes re content/images that have been provided to us for inclusion on the site.
Liquid Binary will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.
A deposit of 50% for website purchase or a sign-up fee from R1500.00 for rental packages is required with any project before any design work will be carried out. This figure may be higher depending on the scale and skill required for the project. This will be discussed and agreed in writing before any work commences.
Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e. if the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non-payment will result in legal action being taken if necessary.
A rental website remains the property of Liquid Binary during and after the rental except when the client opts to purchase the site. Site purchase fees are variable depending on various factors and will be agreed between us and the client and will also be confirmed in writing with agreement from all parties.
There is no minimum contract duration for a rental website, however 90 days written notice is required to cancel the agreement. Cancellation requests must be submitted to [email protected] Failure to follow our cancellation rules will mean your Liquid Binary subscription will continue to be billed. Missed or skipped payments will accrue and failure to pay may result in formal action being taken using, but not limited to, in-house demand for payment, third party debt collector proceedings, county court action being taken.
Application and Development
Where applications or sites are developed on servers not recommended by Liquid Binary, the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed.
Where large applications are to be developed, it is the client’s responsibility to provide a suitable testing environment which is identical to the final production environment.
The client is expected to test fully any application or programming relating to a site developed by Liquid Binary before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Liquid Binary will endeavour (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief
Additional Maintenance & Support
Liquid Binary may charge for additional work required for any project undertaken. The rate is generally calculated on an hourly basis although this is not always the case. All charges will be agreed with the client before any action is taken.
Liquid Binary will endeavour to ensure that any designed site or application will function correctly when viewed in all major internet browsers. Liquid Binary can offer no guarantees of correct function with all browser software. As part of our service, we develop a free HTML mobile version of your site. This allows visitors to your site to view a basic version as we code our sites in Flash which is not always compatible with mobile devices. It also allows your site to be visible to search engines as Google and helps us rank your site. This mobile version is auto-developed and may differ to varying degrees in comparison to your online main site. The option to remove Flash entirely is optional and sites can now be designed in HTML5.
Liquid Binary hosts all our sites on servers with our partners Afrohost. This is due to the way we structure our files when we build a site. Hosting must remain on our servers during and after any rental period. This means if you opt to buy your website at any point, you are obliged to host it on our own servers. For more on our hosting please refer to our website or speak to a member of our team.
Payment of Accounts
A deposit or sign-up fee is required from any new client before any work is carried out. It is the Liquid Binary policy that any outstanding
accounts for work carried out by Liquid Binary or its affiliates are required to be paid in full , no later than 7 days from the date of the invoice unless by prior arrangement with Liquid Binary.
If purchasing: Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.
If renting: Once the signup fee has been paid you will start your standing order payments from the first of the next month and each consecutive month thereafter on the 1st. We will contact clients via email and telephone to remind them of such payments if they are not received when due. Once an account has exceeded a period of 7 days or more in arrears, a R100 admin charge may be added to cover admin and hosting costs incurred by Liquid Binary.
If accounts are not settled or Liquid Binary have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non-payment can result in county court judgments (CCJs) being added to the clients credit rating.
Following consistent non-payment of an invoice our Solicitors, a debt collection agency or both will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.
Rental Agreement Buy Outs: Clients opting for one of our rental packages may buy out the website at any point. The buy out price can be requested at any point and we will endevour to provide a buy out quotation within a 2-3 working day timescale. Once a website has been purchased and is no longer on one of our rental packages, the client is still obliged to use our hosting package.
We never share or sell any of your details with third party companies other than our technology partners for the purpose of completing and maintaining a project.
Anyone who experiences a problem with their web service provided by Liquid Binary should raise the matter directly using our online contact form to do so, giving sufficient information to locate the material (such as an URL) and clearly outlining the grounds for complaint.
Liquid Binary will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
Formal complaints procedure:
The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.
A formal complaint should be made in writing to Liquid Binary, who will acknowledge receipt and ensure that the matter is looked into as soon as possible.
An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.
The client agrees to sign with Liquid Binary with the website rental package:
CANDY / CINNAMON / FANTASIA /
For a monthly cost of:
R250/ R350 / 500 /
For a term of:
No minimum term applies – cancellation terms apply
Note: 90 days written notice for cancelation must be given when wishing to terminate a website rental agreement with Liquid Binary
The client agrees to pay a setup fee which will be agreed and confirmed by email before any work is carried out by Liquid Binary. The minimum set up fee unless otherwise stated is R1500.00 to cover initial costs. This fee is non-refundable. Any other deposit taken upfront is also non-refundable unless otherwise stated.