Standard Terms & Conditions

PLEASE NOTE: By using ZOEKE’s services, ZOEKE does not and can not guarantee that the designed webpage will feature well on any/all search engines. We are merely a WEB DESIGNING company and not MARKETING SPECIALISTS. All marketing efforts are the responsibility of the customer.

We also have the right to refuse ANY customer if we feel that the product / service that the customer is offering is not inline with our companies moral standards. 

1.  Acceptance
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 the agreed upon price 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.

2. Deposit and Placement of Order

Charges for services to be provided by ZOEKE are defined in the website (zoeke.co.za). Quotations are valid for a period of 30 days. Zoeke reserves the right to alter the pricing at any time with prior notice to customer.

2.1 Unless agreed otherwise with the Client, all Zoeke Listings webpage design services require an full payment upfront before any work will commence.

2.2 For the Basic & Advanced Website design service, a 50% deposit of the total quoted amount becomes due immediately once the quote is formally accepted and once a tax invoice has been sent to the client. ZOEKE accepts cash deposits, electronic transfers and Credit card payments. ZOEKE does not accept payment via cheques.

2.3 No project shall commence until the 50% deposit has been made and confirmed. Should a client cause a delay in the commencement of the project by failing to make deposit within a reasonable time period, ZOEKE accepts no responsibility should the deadline of the project not be met.

If we feel that the customer is indecisive of his/her decisions about the webpage, or the customer continually amends the webpage (no more than 5 major amendments), additional charges may incur. More advanced web designing (for example, eCommerse pages) will incur additional costs. Please contact us for pricing.

Payment for services is due by bank transfer. Payments must be made to: 

Bank: First National Bank
Account Holder: Zoeke (pty) Ltd
Account Number: 62802742199
Branch code: 250137
Reference: COMPANY NAME

3.  Client Review
ZOEKE will provide the Client with an opportunity to review the appearance and content of the webpage during the design phase and once the overall webpage development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies ZOEKE otherwise within ten (10) days of the date the materials are made available to the Client.

4.  Turnaround Time and Content Control
ZOEKE will install and publicly post or supply the Client’s webpage / website by the date specified in the project proposal, or at date agreed with Client, unless a delay is specifically requested by the Client and agreed by ZOEKE.

In return, the Client agrees to delegate a single individual as a primary contact to aid ZOEKE with progressing the commission in a satisfactory and expedient manner.

During the project, ZOEKE will require the Client to provide webpage / website content; text, images, logos, movies and/or sound files.

5.  Failure to provide required webpage content:
ZOEKE 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 as accurately as possible. On any occasion where progress cannot be made with your webpage 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 halt the progress of your webpage until information is received.

If you agree to provide us with the required information and subsequently fail to do within one week (7 days) of project commencement we reserve the right to close the project 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.

PLEASE NOTE: Emailed supplied 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 webpage. These pages should have the same titles as the agreed webpage pages. Contact us if you need clarification on this.

6.  Payment
Invoices will be provided by ZOEKE upon signup of order and on a monthly basis, if applicable. Invoices will be sent via email to the supplied email address. Invoices are due upon receipt. Accounts that are not paid within thirty (30) days will be suspended. Accounts that remain unpaid sixty (60) days after the date of the invoice will be deleted from our server.

7.  Additional Expenses
Client agrees to reimburse ZOEKE for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.

8.  Web Browsers
ZOEKE makes every effort to ensure webpages are designed to be viewed by the majority of visitors. webpages are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 8 & 9, Google Chrome, etc.). Client agrees that ZOEKE cannot guarantee correct functionality with all browser software across different operating systems.

ZOEKE cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released, we will however, research the problems to the best of our abilities and try to implement these changes.

9.  Default
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 on ZOEKE’s website, ZOEKE will, at its discretion, remove all such material from its website. ZOEKE 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 ZOEKE reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by ZOEKE in enforcing these Terms and Conditions.

10.  Termination
Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

11.  Indemnity
All ZOEKE services may be used for lawful purposes only. You agree to indemnify and hold ZOEKE harmless from any claims resulting from your use of our service that damages you or any other party.

12.  Copyright
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants ZOEKE 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 ZOEKE permission and rights for use of the same and agrees to indemnify and hold harmless ZOEKE from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for webpage design and/or placement shall be regarded as a guarantee by the Client to ZOEKE that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

13.  Standard Media Delivery
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (via e-mail or online submission) and that all photographs and other graphics will be provided in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format.

14.  Design Credit
A link to ZOEKE will appear in either small type or by a small graphic at the bottom of the Client’s webpage. If a graphic is used, it will be designed to fit in with the overall site design. The client may not request that this link or graphic be removed. The Client also agrees that the webpage developed for the Client may be presented in ZOEKE’s portfolio.

15.  Social Media Management
Social Media Marketing and Management is defined as helping a client to promote their products or services through social media channels or links. ZOEKE will honour the components of your chosen social media package but can not guarantee that the clients webpage will feature.

16.  Governing Law
This Agreement shall be governed by South African Law.

17.  Liability
ZOEKE 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 webpage;

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 ZOEKE 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.

18.  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.

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Zoeke is a Digital Agency that specializes in Graphic and Website design. We help your company look professional, right from the start.

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