Terms and conditions:
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 for services to be provided by Graphic Mansion are automatically defined in the project quotation that the Client receives via email or telephone correspondence. Quotations are valid for a period of 30 days. Graphic mansion 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 thirty three (33) percent of the project quotation total before the work is supplied to the Client for review. The rest of the payments are finalized with the mutual consent of the client and accompany representative, prior to upload to the server or release of materials.
Note: Website Development Cancellation: If site design and development work has already begun (such as creating a design concept), then the down payment is non-refundable. Graphic Mansion may elect at it’s sole discretion to offer a partial refund depending upon the circumstances.
Graphic Mansion is liable to develop an initial draft of the design for the purpose of review and modification for it’s clientele with the retrieval of the first installment of the agreed upon payment and thereby is also liable for making necessary modifications as per the client’s demand upon the retrieval of the second installment as per the agreed upon payment plan, which is to be processed after Graphic Mansion delivers the initial draft of the design.
3. Client Review
Graphic Mansion 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. If a client approves the design work during the development phase and proceeds with the payment of pending balance, rejection of the design (unchanged) after the completion of the project is deemed moot. The client however will have the liberty to ask for necessary changes during the development phase or after the completion to ensure a custom tailored design.
4. Additional Expenses
Client agrees to reimburse Graphic Mansion for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.
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 Graphic Mansion’s Web space, Graphic Mansion will, at its discretion, remove all such material from its web space. Graphic Mansion 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 Graphic Mansion reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Graphic Mansion in enforcing these Terms and Conditions.
All Graphic Mansion services may be used for lawful purposes only. You agree to indemnify and hold Graphic Mansion harmless from any claims resulting from your use of our service that damages you or any other party.
The client retains the copyright to data, files and graphics provided by the client, and grants Graphic Mansion 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 Graphic Mansion permission and rights for use of the same and agrees to indemnify and hold harmless Graphic mansion 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 Graphic Mansion that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
8. Design Credit
A link to Graphic Mansion 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. If a client requests that the design credit be removed, a nominal fee of 15% of the total development charges will be applied. The client also agrees that the website developed for the Client may be presented in Graphic Mansion’s portfolio.
9. Access Requirements
If the client’s website is to be installed on a third-party server, Graphic Mansion 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.
10. Post-Placement Alterations
Graphic Mansion 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.
11. Domain Names
Graphic Mansion 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 Graphic Mansion. The client should keep a record of the due dates for payment to ensure that payment is received in good time.
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.
Graphic Mansion 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 Graphic Mansion 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.
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,
To the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise (other than the express provisions of these terms and conditions) relating in any way to the services we provide to you are excluded. Without limiting the above, to the extent permitted by law, any liability of Graphic Mansion ® under any term, condition, warranty or representation that by law cannot be excluded is, where permitted by law, limited at our option to the replacement, re-repair or re-supply of the services or the payment of the cost of the services that we were contracted to perform.