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Terms and Conditions / Assumptions & Agreement

The following assumptions have been made regarding your project, which will affect proposal items including but not limited to: the cost estimate, deliverables, production schedule and project staffing for both Web and Application related designs.

  • The work will be performed at the developer’s office, or other CLAW PUBLISHING designated developer’s office.
  • No delays will be caused by unavailability of the client’s technical and functional resources to review documents, provide answers to questions, and participate in meetings, training sessions, and testing activities. If the client is unresponsive and feedback is not provided, then CLAW PUBLISHING has the right to terminate the project upon notice.
  • CLAW PUBLISHING cannot be held liable for any loss of income, reputation or any other deemed losses – due to third party server downtimes for both App and Web developments.
  • The production of the website and/or application will be deemed completed upon launching the site or application on the Internet and/or apps store and making it accessible for the world to view. The final payment is due before the launch of the website and/or application project.
  • A 50% non-refundable deposit is requested from the customer up front before any work can commence. This deposit covers time spent on job research, planning and various upfront costs we would have to incur.
  • Clear timelines will accompany the original quote
  • Any changes to the website or app will be quoted for at the normal hourly rate of R750 per hour if revisions were not added in the original quote
  • “Changes to Scope of Work” Clause: The fees quoted are only “estimates” based on our assessment of the amount of time this project will take. We hold the client accountable for any additional work they may result. Client shall be responsible for making additional payments for changes necessitated by Client revisions and/or additions following Client’s approval (other than for CLAW PUBLISHING’s error) and will be billed additionally at the standard billable rate of $100/hour.
  • In the event of your cancellation of this project, or any delay of more than one month in responding to CLAW PUBLISHING’s request for information or review/approval of proofs, CLAW PUBLISHING will have the option of terminating this agreement, and invoicing you for the greater of: (1) all work completed up to the date of written notification, including expenses, at the rate of R750 per hour or such other rate as shall be specified in this agreement; or (2) the amount of any advance deposit made for this project. Any renewal of this project after termination will require a new agreement, fee schedule and upfront deposit.”
  • Termination. This Agreement may be terminated by either party upon written notice to the other, if the other party breaches any material obligation provided hereunder and the breaching party fails to cure such breach within thirty (30) days of receipt of the notice.  This Agreement may be terminated by CLAW PUBLISHING (i) immediately if Customer fails to pay any fees hereunder; or (ii) if Customer fails to cooperate with Company or hinders Company’s ability to perform the Services hereunder at CLAW PUBLISHING’s full discretion.
  • Client will retain all intellectual property rights of source material (e.g. design, code, copy, photography) provided to CLAW PUBLISHING for use in connection with this project; however, Web content, design and other work product created by Consultant and similar products and materials will remain the property and copyright of CLAW PUBLISHING until all fees under this agreement have been paid in full.
  • It is the client’s responsibility to verify and or sign off on the production and testing of the web site within 30 business days of CLAW PUBLISHING notification of completion.
  • Stock Photography: if requested by client, CLAW PUBLISHING will provide research and assistance on stock photography to be used in designing the website or other web base and marketing applications. Cost per photo starts at R300 and up depending on size and popularity. Providing additional photos will be billed on time and material basis.
  • Project Timeline: is the actual development/design time needed to complete a project. The timeline is dependent on immediate and consolidated feedback from the client on all design and development deliverables. If feedback is delayed, the project timeline may also be significantly delayed.
  • CLAW PUBLISHING cannot guarantee or promise any placement in search engines.
  • CLAW PUBLISHING cannot guarantee or promise acceptance in any APP Store
  • CLAW PUBLISHING will quote any additional hosting expenses that may arise for submission to App Stores and hosting companies
  • CLAW PUBLISHING cannot be held responsible for pricing changes in third party servers, for example but not limited to only, App stores and will with proof submit the quote to the client for payment.
  • Client will provide all site content once homepage layout and or app layout is approved. CLAW PUBLISHING will fill any page on the website with “Lorem Ipsum” to properly show the page layout until real content is established. Text will be delivered to CLAW PUBLISHING in MS Word, Company Logo as an .EPS or high-resolution .JPG file and pictures if any as .JPG files.
  • CLAW PUBLISHING will provide a separate quote for any content, design and photos should a client require such services from CLAW PUBLISHING
  • Client acknowledges that CLAW PUBLISHING does not launch websites on Fridays or days before a holiday.
  • Client acknowledges that CLAW PUBLISHING will only fix any bug related issues post launch for a period of 90 days after the official live date. If the client makes any changes to the website or application code or hosts on servers other than CLAW PUBLISHING’s approved servers that results in a website and application issue and/or vulnerability, CLAW PUBLISHING will not be made responsible to fix the bug without receiving compensation for time and materials.
  • Web and Application Design Contract Cancellation: A non-refundable deposit is due at the time of the contract signing. Cancellation of any web design project by either party will result in a refund to the client of all fees paid beyond the deposit amount, minus the amount already incurred in the development of the project by the date of cancellation. Web design cancellation refunds will be processed and delivered within 30-90 business days of the cancellation date.
  • If CLAW PUBLISHING ceases operations, files for bankruptcy protection, is the subject of the appointment of a receiver, or for any other reason, ceases to control CLAW PUBLISHING before the work on this contract is complete, all related work product shall be immediately delivered to Client and the contract shall be cancelled forthwith, without further recourse or payment.
  • In the event CLAW PUBLISHING wishes to subcontract any of the work related to this Agreement, Client must be notified of the subcontract before work on it begins and must approve of the subcontractor, and the subcontractor must agree to be bound by the terms of this Agreement as fully as the CLAW PUBLISHING.
  • Indemnity: Customer shall indemnify and hold harmless CLAW PUBLISHING (and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees) from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) incurred by CLAW PUBLISHING as a result of any claim, judgment, or adjudication against CLAW PUBLISHING related to or arising from CLAW PUBLISHING’s work.
  • Customer and CLAW PUBLISHING agree to make a good-faith effort to resolve any disagreement arising out of, or in connection with, this Agreement through negotiation. Should the parties fail to resolve any such disagreement within ten (10) days, any controversy or claim arising out of or relating to this Agreement, including, without limitation, the interpretation or breach thereof, shall be submitted by either party to arbitration in Pretoria South Africa. Notwithstanding the foregoing, this Section shall not preclude either party from seeking temporary, provisional, or injunctive relief from any court.
  • Read and Understood: Each Party acknowledges that it has read and understands this Agreement and agrees to be bound by its terms and conditions.
  • Duly Authorized Representative: If this Agreement is executed then each Party warrants that their representative whose signature appears on such signature pages is the duly authorized by all necessary and appropriate corporate actions to execute this Agreement.
  • CLAW PUBLISHING reserves the right to showcase as part of our portfolio any web and/or application designed, unless a specific non-disclosure document is drafted by the client and accepted by CLAW PUBLISHING

The Term “Confidential Information” Means:

  1. all information disclosed by Client to CLAW PUBLISHING in oral, written, graphic, recorded, photographic, machine-readable, or any other form related to or in connection with the website, including, without limitation, business plans, financial statements, trade secrets, customer information, existing or potential transactions with third parties, intellectual property rights, products, research and development, operations, website function, marketing, sales, pricing and trade know-how whether or not such information is marked or labeled “Confidential” or “Proprietary”; and
  2. all information disclosed by Client to CLAW PUBLISHING in oral, written, graphic, recorded, photographic, machine-readable, or any other form related to or in connection with any actual, potential, or proposed arrangement, relationship, business opportunity, or transaction between Client and any third party whether or not such information is marked or labeled “Confidential” or “Proprietary.”

Confidential Information will be kept strictly confidential by CLAW PUBLISHING. In no event will CLAW PUBLISHING use the Confidential Information of Client for any purpose other than maintaining the website or application. No other rights, including, without limitation, licenses, trademarks, inventions, copyrights, patents, or any other intellectual property rights are implied or granted under this Agreement or by the conveyance of Confidential Information between the Parties.  This Section shall survive the termination of this Agreement.

Each Party agrees that the term “Confidential Information” does not include information that:

  1. has been or becomes published or is now or is in the future in the public domain through no action of CLAW PUBLISHING;
  2. prior to disclosure under this Agreement, is within the legitimate possession of CLAW PUBLISHING, as evidenced by competent written proof;
  3. was or becomes available to CLAW PUBLISHING on a non-confidential basis from a third party not otherwise known to CLAW PUBLISHING to be prohibited from transmitting the information to CLAW PUBLISHING;
  4. is independently developed or acquired by CLAW PUBLISHING without use of or recourse to the Confidential Information;
  5. is disclosed with the prior written approval of Client; or
  6. is transmitted to CLAW PUBLISHING after Client has received written notice from CLAW PUBLISHING that it does not desire to receive further Confidential Information or that it is terminating this Agreement.