This Services Agreement (“Agreement”) sets out the terms and conditions governing website design, development, and related services provided by Cean Herz Design (“Cean Herz Design,” “we,” “our”). By purchasing a block of hours or engaging our services, you (“Client,” “you,” “your”) acknowledge that you have read, understood, and agree to these terms, as well as any related policies published on our website at www.ceanherzdesign.com
The following terms and conditions apply to all website development / design services provided by Cean Herz Design to the Client.
Acceptance
These Terms and Conditions supersede all previous versions or agreements. Payment of any invoice or the purchase of block hours constitutes full acceptance of these Terms and Conditions.
Please read these terms carefully. Any purchase or use of our services implies acceptance of these terms and conditions.
Charges and Payment
Cean Herz Design operates on a prepaid block-based pricing model. Clients purchase blocks of design and development time in advance at the rates published on the Cean Herz Design website.
An invoice will be issued when a block is purchased and is due upon receipt. Work begins only once payment has been received in full.
A detailed timesheet will be provided showing all tasks completed and hours used.
Block hours are non-refundable but remain available for future use, including updates, maintenance, or new design tasks. If a project requires additional time beyond the remaining balance of a block, a new block can be purchased at the applicable rate.
This model ensures full transparency and flexibility, allowing clients to control their budgets while receiving professional, ongoing design support.
Client Review
Cean Herz Design will provide the Client with an opportunity to review the appearance and content of the website during the design phase, and at project completion. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Cean Herz Design otherwise within ten (10) days of the date the materials are made available to the Client.
Turnaround Time and Content Control
Cean Herz Design will provide estimated timeframes for deliverables based on current workload and the number of block hours purchased. Timelines are dependent on the Client providing required materials, such as text, images, and other necessary content, in a timely manner.
The Client agrees to designate a primary contact person to assist in communication and project progress.
If delays occur due to missing content or lack of feedback, Cean Herz Design reserves the right to pause work until the required information is received.
Failure to provide required website content:
Cean Herz Design relies on efficient scheduling to provide quality service. If progress on a project is delayed for more than two weeks due to the Client’s failure to provide necessary materials or feedback, the project may be placed on hold.
In such cases, any prepaid block hours remain valid for future work but may be rescheduled subject to availability.
Text content should be delivered in an editable format (such as Microsoft Word or email) and structured according to the intended website pages.
Additional Expenses
Client agrees to reimburse Cean Herz Design for any additional expenses necessary for the completion of the work. Examples would be purchase of website themes, special fonts, stock photography etc.
Web Browsers
Cean Herz Design 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. Chrome, Firefox, Safari, and Edge). Client agrees that Cean Herz Design cannot guarantee correct functionality with all browser software across different operating systems.
Cean Herz Design 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, Cean Herz Design 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.
Termination
Termination of services by the Client must be requested in writing and will take effect upon receipt. Any prepaid block hours remain valid for future use but are non-refundable.
Indemnity
All Cean Herz Design services may be used for lawful purposes only. You agree to indemnify and hold Cean Herz Design 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 Cean Herz Design 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 Cean Herz Design permission and rights for use of the same and agrees to indemnify and hold harmless Cean Herz Design 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 Cean Herz Design that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
Standard Media Delivery
Unless otherwise specified, this Agreement assumes that text content will be provided by the Client in electronic format and that all photographs and other graphics will be provided electronically in .jpeg or .png format.
Design Credit
A small credit link to Cean Herz Design may appear at the bottom of the Client’s website unless otherwise agreed. The Client also agrees that the website developed for the Client may be presented in Cean Herz Design’s portfolio.
Access Requirements
If the Client’s website is to be installed on a third-party server, Cean Herz Design 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
Cean Herz Design 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.
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.
Liability
Cean Herz Design 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;
The entire liability of Cean Herz Design 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.