Terms and Conditions


Terms and Conditions

Terms

By accessing the website at https://www.elanadesignstudio.co.za, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

Use License

Permission is granted to temporarily download one copy of the materials (information or software) on Elana Design Studio’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license, you may not:

modify or copy the materials;

use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

attempt to decompile or reverse engineer any software contained on Elana Design Studio’s website;

remove any copyright or other proprietary notations from the materials; or

transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Elana Design Studio at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Disclaimer

The materials on Elana Design Studio’s website are provided on an ‘as is’ basis. Elana Design Studio makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Further, Elana Design Studio does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

Project estimates and quotes

The quotes or estimates received from Elana Design Studio are limited to the services on the quote/estimate. Any additional changes, content changes, or additions are to be quoted/estimated on top of the original quoted/estimated amount.

Deposits on project estimates and quotes

Deposits received via the quotes or estimates received from Elana Design Studio are non-refundable at the discretion of Elana Design Studio. 50% deposit is required prior to starting the project and the remainder 50% is to be settled before we release your website (make it live).

Website content

Elana Design Studio is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions, we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.

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 frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25%.

If you agree to provide us with the required information and subsequently fail to do within one week of project commencement we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go-ahead to start until you are ready to do so.

NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.

Using our content management system you are able to keep your content up to date yourself.

Payment

Invoices will be provided by Elana 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%) per month of the total amount due.

Web Browsers

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

Elana 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, Elana Design Studio the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

Limitations

In no event shall Elana Design Studio or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Elana Design Studio’s website, even if Elana Design Studio or a Elana Design Studio authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Links

Elana Design Studio has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Elana Design Studio of the site. Use of any such linked website is at the user’s own risk.

Governing Law

These terms and conditions are governed by and construed in accordance with the laws of South Africa and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

Services

All design services will include 2 drafts where edits can be made plus a final draft. Any additional edits or time spent on projects will be billed at 2018 hourly rates unless discussed otherwise.

Products delivered

Websites do not include maintenance unless maintenance is specified in your package or unless maintenance is purchased. Elana Design Studio vows to fix human errors caused by them within 6 months from product sign off.

Liability

If the product/website/logo etc. was signed off by the client and structural or design changes were made by someone other than Elana Design Studio, fixing this will be fixed at additional cost (2018 hourly rates) if required to do so by the client. Elana Design Studio cannot be held liable if in any scenario the client’s website is hacked, nor held liable to fix the results of the hack without compensation.

Modifications

Elana Design Studio may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

Website and email hosting

Website and email hosting are not included in the once-off design/development fees on website projects. Elana Design Studio will always recommend the reliable hosting company we always use, Hetzner, but we cannot be held responsible if your website has any server-side issues.

Website Design & Development Process

  1. Homepage Design – Once the website design is approved by the client, usually via email consent, the design is considered ready for implementation. Should the client wish to make changes to a design they have approved, those changes are billable at our current standard hourly rate.
  2. Navigation – Once site outline/map is approved by the client, usually via email consent, the site navigation is considered ready for implementation. Combined with the approved graphic design, this becomes the site structure. Once we build this structure per client approval, any subsequent changes are billable at our current standard hourly rate.
  3. Content – Provision of content is customer’s responsibility.
    • Text content – Copy for all website pages and links need to be delivered digitally and should be carefully proof-read by the client. Two rounds of revisions will be provided free of charge. Subsequent revisions will be billable at our regular hourly rate.
    • Graphical content – Images outside of the website design must be provided in digital form unless otherwise provided. Subsequent revisions will be billable at our regular hourly rate.
  4. Email  We do not provide email hosting or support.
  5. Training – For websites with administrative control panels or content management systems, 1-hour training sessions will be provided on request.
  6. Technical Support – We offer local and long-distance email support to our clients. We do not normally bill for technical support depending on the source of the problem, its severity, and our time invested. If Shortgrass is not the source of the problem, technical support may be billable.