Terms & Conditions

1. Standard Business Terms

For ease of expression, Taivetra™ is referred to as “Taivetra™”, the Client is referred to as “the Client” and the full extent of the services and deliverable’s to be provided by Taivetra ™ and the Client are collectively referred to as “the Project”.

Project Responsibility

Taivetra™ and the Client acknowledge that the success of the Project is the joint responsibility of both parties. Failure by either party to fulfill its obligations may impact the other’s ability to meet its obligations on the Project; Taivetra™ and the Client recognize they must both use all reasonable endeavors to meet agreed deadlines; Taivetra™ may appoint sub-contractors to assist in meeting its obligations on the Project; Taivetra™ will agree with the Client its needs for appropriate involvement of Client personnel, reasonable working accommodation, communications and access to equipment and packages.

Project Scope

The scope of the Project is described in the Memorandum (“the Invoice”) of Agreement. Although elements of the scope may necessarily change over time, Taivetra™ will have no obligations to proceed with any change proposed by the Client until the cost and schedule impact has been agreed. Taivetra™ will develop the cost and schedule impact of proposed changes within a reasonable period of receiving instructions from the Client. If the project is reliant on Client facilities, personnel or skills, Taivetra™ reserves the right to treat absences of Client facilities, personnel or skills as a proposed change in scope even if caused by circumstances beyond the Client’s control.

Confidentiality

During the Project, the Client is likely to have access to confidential information of Taivetra ™, including (but not limited to) Taivetra™’ s past, present and future research, development, business activities, products, services and technical knowledge. Similarly, Taivetra™ is likely to have access to confidential information of the Client. Accordingly, each party (“the Recipient”) agrees and undertakes in favor of the other party (“the Protected Party”) that the confidential information of the Protected Party may be used by the recipient only in connection with the Project and will be kept in the strictest confidence and will not be disclosed to any third party except with the prior signed written approval of the Protected Party or pursuant to an order, directive or subpoena issued by any competent court or authority. The Client agrees that the Memorandum of Agreement (including its annexes) constitutes confidential information of Taivetra™ as contemplated in this paragraph.

Intellectual Property Rights

Taivetra™ will retain the intellectual property rights and copyright of any work performed by its personnel, save for all such work as is paid for wholly and exclusively by the Client, and may retain such copies of outputs and deliverables as are necessary for its reference purposes. Taivetra™ may re-use concepts and other outputs of the Project provided confidential information of the Client is safeguarded.

Liabilities

Taivetra™’ s objective is to work with the Client to achieve the business objectives of the Project. If, in doing so, the Client suffers damages resulting from an act or omission of a Taivetra™ director or employee, Taivetra™ would recognize this as its responsibility, up to but not exceeding the amount of fees received from the Client for that phase of work. The Client agrees that Taivetra™ shall be given a reasonable opportunity to remedy any failure or shortcoming in the delivery of the services / deliverables to the Client notified to Taivetra™ within six months of delivery. Taivetra™ undertakes, at its expense, to use all reasonable efforts to implement such remedy as soon as reasonably possible after any such failure is reported to Taivetra™. Subject to the financial limits set forth above, the Client agrees that this provision is the exclusive remedy available to the Client in the event of any failure or shortcoming in the project. Taivetra™ shall not be liable for any indirect or consequential loss or damage of any kind under any circumstances including negligence (whether arising under contract, common law or otherwise) including but not limited to loss of profits, loss or corruption of data, loss of operation time or loss of contracts, whether caused by its directors, employees, agents or others for whom in law it may be liable.

Copyright Infringement

Taivetra™ will defend, at its expense, a third party claim that any service or deliverable Taivetra™ has provided infringes a South African copyright. In the event that any damages are finally awarded against the Client in respect of such a claim, these will be paid by Taivetra™. This indemnity will not apply if the infringement is the result of the Client modifying, misusing or providing deliverables or services to a third party or failure to use enhancements supplied by Taivetra™ or information, documents, facilities or products which are supplied by the Client for the purposes of the Project. This indemnity constitutes the Client’s sole and exclusive remedy and the Taivetra™’ s entire liability with respect to any deliverable or service infringing any third party rights.

Force Majeure

Taivetra™ will not be liable for any delay in performing or failure to perform its obligations if such failure or delay is as a result of causes outside its reasonable control.

Agreement Termination

The Client may terminate or restrict Taivetra™’ s services at any time in which case the Client will be liable for all work done at Taivetra™’ s standard billing rates which may be higher than proposed rates contracted for the Project, since proposed rates will have included assumptions on the volume of work and levels of staffing at various stages. The Client will also be liable for any cancellation charges incurred by Taivetra™. Taivetra™ may terminate its participation in the project if its fees remain unpaid for sixty (60) days or if the Client commits significant or repeated breach of agreement.

Payment

The economics of Taivetra™’ s proposal are based on timeous payment of invoices to balance expenditures on research and development costs. As a consequence, all invoices for fees and expenses will be payable monthly on presentation or as scheduled in the Memorandum of Agreement. Any sum which remains outstanding beyond ten (10) days will bear 25% interest from the date of presentation until paid in full.

2. Terms of Use

Taivetra™ reserves the right to change the terms, conditions, and notices under which Taivetra™ website is offered, including but not limited to the charges associated with the use of Taivetra™ website.

Agreement between user and Taivetra™

Taivetra™ and the Client acknowledge that the success of the Project is the joint responsibility of both parties. Failure by either party to fulfill its obligations may impact the other’s ability to meet its obligations on the Project; Taivetra™ website is comprised of various web pages operated by Taivetra™. Taivetra™ website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. your use of Taivetra™ website constitutes your agreement to all such terms, conditions, and notices.

No unlawful or prohibited use

As a condition of your use of Taivetra™ website, you warrant to Taivetra™ that you will not use Taivetra™ website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use Taivetra™ website in any manner which could damage, disable, overburden, or impair Taivetra™ website or interfere with any other party’s use and enjoyment of Taivetra™ website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through Taivetra™ websites.

Materials provided or posted to Taivetra™

Taivetra™ does not claim ownership of the materials you provide to Taivetra™ (including feedback and suggestions) or post, upload, input or submit to any Taivetra™ website or its associated services (collectively “submissions”). however, by posting, uploading, inputting, providing or submitting your submission you are granting Taivetra™, its affiliated companies and necessary sublicenses permission to use your submission in connection with the operation of their internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submission; and to publish your name in connection with your submission. No compensation will be paid with respect to the use of your submission, as provided herein. Taivetra™ is under no obligation to post or use any submission you may provide and may remove any submission at any time in Taivetra™’ s sole discretion. By posting, uploading, inputting, providing or submitting your submission you warrant and represent that you own or otherwise control all of the rights to your submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the submissions.

Reservation and non-waiver of rights

Taivetra™ reserves the right to amend or alter this policy at any time, and without notice to you. Taivetra™ reserves the right to take action against any individuals, companies or organizations that violate any of the prohibited activities set out herein, or engage in any illegal or unlawful activity while accessing our services, to the fullest extent of the law. Taivetra™ reserves the right, at its sole discretion, to act against other types of abuse not listed in this document and to investigate or prevent illegal activities being committed over our network. Taivetra™ reserves the right to monitor user and network traffic for site security purposes and prevent any unauthorized attempts to tamper with our site or cause damage to our property.

3. Copywriting Terms

Copywriting Life Cycle

You will receive an invoice from Taivetra™. 50% deposit due. Meeting with Taivetra™ copywriter to conceptualize and create a timeline for your project. 1 Page sample provided to you for review. (At this point you are looking at the overall writing style and tone.) Your comments and requested changes will be addressed.

Revision 1 provided to you for review. (At this point you are looking at the flow of writing, inclusivity and accuracy of information and general improvements) Your comments and requested changes will be addressed.

Revision 2 provided to you for review. (This is your final opportunity to make changes. At this point you want to fine tune and point out anything that bothers you about the copy.)

Any changes requested past this point in the process will be charged to you per hour. We will notify you before doing work that will incur an extra cost. Final changes will be made according to your request. 50% remaining fee due. Final copy will be handed over after full payment is made.

Please Note

This Life Cycle does not apply to monthly blog posts, articles, or copy shorter than 250 words.

4. Website Design Terms

To keep your project running on time please read and adhere to the “Life Cycle of a Website Design Project”. Taivetra™ assumes no responsibility for client’s failure to do so. Steps marked* only apply to clients making use of Taivetra™’ s copywriting services. Clients who are not making use of this service may ignore these steps.

1. Deposit Due

A deposit of 50% of the total (the setup fee plus the monthly fee) is due before any work will commence.

For monthly plans.

2. Project Questionnaire

Upon receipt of the proof of payment of the deposit.

Taivetra™’ s Project Manager will forward to the client three themes to choose from and a link to a project questionnaire. Please take the time to fill out the questionnaire in as much detail as possible as this will help with the creation of the website.
The client must also select 1 of the 3 themes. Please be sure that the chosen theme suits the website needs as this cannot be changed at a later stage. .
The questionnaire and chosen theme must be submitted within 48 working hours of receiving the link from the Project Manager. .
Our themes come with varied functionality. If at any stage of the project the client requests integration that is not incorporated in the chosen theme additional setup costs will incur to the client. .
Should the client wish to make use of Taivetra™’ s copywriting services project timelines will be affected and additional project steps will apply. Clients who are not making use of this service may ignore these steps.

3. Specifications and Meeting

a) A meeting (digital/ physical) will be set between the client and a designer from Taivetra™ in order to discuss the project..

b) Taivetra™ copywriter will be present at this meeting. The client and copywriter will compile a project brief together in this meeting. The copywriter will assess the project and set a timeline..

c) Minutes will be taken at this meeting and forwarded to the client via e-mail as a Memorandum of Agreement. The client must reply to this e-mail, approving the minutes in order for the project to proceed.

4. First Revision – Copywriting

COPYWRITING WILL NOT COMMENCE UNTIL A 50% DEPOSIT OF THE COPY FEE HAS BEEN PAID AND THE COPYWRITER HAS RECEIVED ALL CONTENT THAT MAY HAVE BEEN REQUESTED FROM THE CLIENT, PERTAINING TO THE COPY..

a) A first revision will be compiled according to the brief and sent to the client for review.

5. Client Review – Copywriting

a) The client will have 48 working hours to review the copy..

b) Changes must be requested by using the ‘comment’ feature within the Word Document sent to the client by the copywriter..

c) The client accepts that by not communicating with Taivetra™ during the review period, Taivetra™ will accept the client’s silence as agreement to a finished product. In which case 50% of payment must be made by the client.

6. Second Revision – Copywriting

a) A second revision will be compiled according to changes outlined by the client from revision 1.

Revision 2 will be sent to the client for review.

8. Final Revision – Copywriting

a) The final revision will be complied based on the requested changes from revision.

b) The client will only receive the final revision once Taivetra™ has received proof of payment of the remaining 50% of the copy fee.. Taivetra

c) Should the client request further changes to the copy, the current hourly fee will apply.

9. Website Development

Once a theme is chosen, all content is received, the questionnaire has been completed and the client has met with the applicable parties from Taivetra™,

the project will be assessed by Taivetra™ and the client will be provided with a time frame in which the first draft will be developed and produced..

Taivetra™ WILL NOT COMMENCE WEBSITE DESIGN OR DEVELOPMENT UNTIL STEPS 1-8 HAVE BEEN COMPLETED AND RECEIVED BY THE PROJECT MANAGER.

10. First Draft

a) The first draft will be a complete product based on the chosen theme, initial project questionnaire and presented copy (from the client or copywriter)..

b) Once Taivetra™ has compiled the first draft it will be sent to the client for revision.

11. Revision 1

a) Once the client has been sent the first draft s/he has 48 working hours to review the draft and request changes..

b) Changes may ONLY be requested in one of two ways.

By completing the Website Revision Form and e-mail the Website Revision Form to Taivetra™, or,

By meeting with a member of Taivetra ™ to discuss your revision. During this meeting, the Website Revision Form must be completed and agreed upon.

We strongly recommended meeting with us..

c) Please note that the Website Revision Form will be considered the complete brief for the first revision, so it is important that you include all of the updates / changes in detail. Your document should be sectioned into pages, as per your website pages..

d) The client accepts that by not communicating with Taivetra™ during the revision period, Taivetra™ will accept the client’s silence as agreement to a finished product. In which case 40% of payment must be made by the client. (Payment not applicable for monthly plans)

12. Revision 2 (1)

13. Additional Revisions

a) Revision 2 will be considered the final draft, unless additional revisions 3 & 4 are requested..

b) Additional revisions will be quoted separately from the initial quotation. Work will only commence once the quote has been formally accepted..

c) Please note that additional revisions will only be undertaken once the invoice for revision one and two has been settled. Additional revisions will be considered a new project.

14. Final Draft

a) The client is sent the final draft along with a second invoice of 40% of the total fee. (Payment not applicable for monthly plans)

15. Going Live–The Final Product

a) The website will be taken live. Once it has checked and confirmed to be fully functional the client will receive an invoice for the final 10% payment..

b) In order for a website to be taken live the client must have a registered domain and a working hosting environment. Should the client choose to host through Taivetra™, Taivetra™ can take the website live. Should the client wish to use another service provider Taivetra™ will require Cpanel/FTP details – the client can obtain these from their service provider.

Additionally, clients will need to ensure that the service provider has set up MySQL database before Taivetra™ can take the site live..

c) Only upon settlement of the full fee will the client be sent his/her login details .

d) Receipt of the final 10% marks the project complete. The website is now a live, complete and working final product.

16. Additional Changes

a) Any additional changes or modifications the client would like Taivetra™ to implement to the live website will be charged at the current hourly rate. The changes will fall into a new working cycle as they are considered a new project.

17. Training

a) Once the website has been taken live the client is entitled to a free 55 minutes training session on ‘how to update and maintain’ their website moving forward.

b) If the client requests further training Taivetra™ consulting fee will be charged per 55 minutes thereafter. .

c) All training is done via any preferred video method.

18. Improvement, development and maintenance

a) Should the client wish to improve their online presence, please contact us .

b) Should the client require Taivetra™ to maintain their website, an hourly fee will be charged..

The client needs to accept the quotation before any work will commence..

Payment is to be paid in FULL after all changes are completed..

Any changes or updates requested that take up to 4 hours to implement from our end have a turnaround time of up to 3 working days; .

Any updates that exceed 4 hours will have an added turnaround time of 1 working day per 2 hours.

We understand that majority of updates or changes are urgent so we therefore will try our best to prioritize these changes or updates..

Should a Client choose to maintain their own website, Taivetra™ cannot be held responsible if anything breaks during content updates, plugin additions as well as theme updates.

This also pertains to anything that the Client has chosen to edit without our knowledge and/or approval. Alternatively feel free to get Taivetra™ to maintain your website at our hourly rate.

If you choose to update your own website and in rare cases the website does break and is unfixable we can always restore a previous backup for you upon your request.

2.1 Themes, Plugins & Software

a) Taivetra™ builds their websites using the open source content management system (CMS) called WordPress, we are then obligated to abide by their terms of use which means if you choose to use Taivetra ™’ s services you accept these terms and warrant that Taivetra™ will not be responsible for any damages or faulty software from WordPress.org..

b) Taivetra™ also builds their websites using premium third party themes and plugins, using reputable companies such as Themeforest or Colorlib. Although these companies are trustworthy and meet current website standards, we cannot be responsible for any broken, faulty or damaged themes or plugins as we have no control over any third party software and or products.

2.2 Viruses & Outdated Websites

a) Taivetra™ takes all the security precautions on our Clients websites and includes the relevant security plugins as well as keeps its servers secure wherever possible. However we cannot guarantee the prevention of hacks, viruses or unexpected data deletion and cannot be held liable for any such damages as a result..

b) Taivetra Network™ cannot be responsible for any websites that have stopped working or have become faulty over time due to the website becoming “outdated”. Outdated websites can be affected due to many aspects, such as new browser software, outdated web code, etc.

Taivetra™ cannot be expected to keep your website updated in every aspect without being compensated to do so. In this situation the Client may opt to have their website redeveloped.

2.3 Refunds

a) Should a client request their 50% deposit be returned within 5 working days of payment, and no longer require Taivetra™ services, Taivetra™ will gladly process the refund. Deductions may apply for resources already spent on the project..

b) If 5 working days have passed since payment, Taivetra™ will not process refunds.

5. Monthly Payments

Once Off Payment

When you sign up for a monthly payment website, there is a once-off setup fee for the development of the website. Please view our Website Design Terms for all the information on our website designs.

5.Monthly Payments

For the monthly payments, we only accept monthly credit / debit card payments. Monthly payments are facilitated through our Payfast payment gateway who are an approved payment gateway for First National Bank South Africa.

Payfast uses Extended Validation SSL with 256-bit encryption. Only two of the four major South African banks use this –the highest– level of encryption currently available. No credit card details are stored on the website. Customers may go to https://www.payfast.co.za/ to view more details on their security and credibility.