Terms and Conditions
1. GENERAL
1.1. Quotes and estimates are free of charge and “the Client” is under no obligation, until the quote is signed and accepted.
1.2. Quotes are valid for 30 days.
1.3. Prices and estimates are not binding.
1.4. If the Client supplies a budget, Ahead Leads Digital Marketing Agency (“Ahead Leads”) will quote within the boundaries of the budget.
1.5. The completion date of a project is affected by Ahead Leads receiving feedback and content from the Client. Timelines will be adjusted accordingly.
1.6. Ahead Leads will not be held responsible for delays outside of its control, e.g. equipment failure, weather, and power outages, etc.
1.7. Should courier services be required, costs incurred in this regard will be for the Client’s account. The Client will make payments and appropriate arrangements directly with a courier company of their choice.
2. COMMUNICATION
2.1. Ahead Leads’ contact details are as follows:
Contact: Ms Rochelle Appleton
Email: rochelle@aheadleads.com
Cell: +27 83 415 8023
Website: www.aheadleads.com
2.2. It is encouraged that the majority of communications take place via email to ensure that both parties are appraised of specific design requirements and potential amendments.
2.3. For the purposes of meetings, online meetings are preferred, as opposed to face to face meetings, in order to manage time and costs efficiently. The Zoom platform will be used in this regard.
2.4. Meetings scheduled by the Client must be confirmed 48 hours prior to meeting date, unless an alternative arrangement has been agreed to in writing between the parties.
3. GRAPHIC DESIGN
3.1. Estimated time of delivery for graphic design is 7 to 14 working days, except for items quoted on an hourly basis.
3.2. All designs and artwork remain the property of Ahead Leads until final payment had been received from the Client.
3.3. No artwork will be released without final payment.
3.4. The Client will incur additional costs for any alterations to the original proposed concept or design brief.
3.5. Fully paid designs will be supplied in JPEG, PDF, and PNG format.
3.6. Ahead Leads is not responsible for backing up final designs after final sign-off and delivery to the Client.
3.7. Ahead Leads is not responsible for corresponding with printer or publication companies, unless otherwise agreed between the parties.
3.8. By placing the order and/or paying the deposit, the Client thereby accepts all terms and conditions as stated above.
4. WEBSITE DESIGN
4.1. Upon the Client’s acceptance of any quotation, the Client will immediately make payment of 50% of the quoted amount as a non refundable deposit to Ahead Leads
4.2. Ahead Leads will not proceed with any project prior to receiving the aforementioned deposition.
4.3. Upon the request of Ahead Leads, the Client undertakes to supply all information required to finalise the website to Ahead Leads.
4.4. Ahead Leads estimates a time period averaging 21 working days in order to complete a website project, after receipt of the Client’s information, as aforementioned.
4.5. On completion of any website design work, the Client will be notified and thereafter have the opportunity to review it. The Client must notify Ahead Leads of any required amendments, to be made within 7 days thereafter. Any of the changes that have not been reported in writing to Ahead Leads within the 7-day review period, will be deemed to have been approved. Minor amendments are permitted during the review period.
4.6. Minor Website amendments include:
- Small textual amendments;
- Small adjustments to placement of items on the page;
- Minor changes, excluding:
- Image amendments;
- Colour scheme amendments;
- Navigation amendments.
4.7. Website amendments must be notified via email.
4.8. Ahead Leads does not accept responsibility for any grammar and/or spelling errors in the uploaded context of your website. All content supplied to Ahead Leads by the Client must be proofread and supplied electronically.
4.9. Any grammar and/or spelling errors, due to the Client’s error, will be charged accordingly in order to rectify.
4.10. Ahead Leads can add additional modules and pages to the website at any time. This will be quoted and billed separately.
4.11. Ahead Leads will not accept responsibility for pages which do not display correctly in new versions of browsers released after the website has been designed and handed over to the Client. Ahead Leads reserves the right to quote for any work involved in changing the website design or code to work with the updated software.
4.12. Ahead Leads cannot guarantee correct functionality with all browser software across different operating systems.
4.13. Ahead Leads does not take any responsibility if the Client’s website security is compromised by either a hacker or malicious code if hosting is not through Elite Funnels.
4.14. A temporary link will be provided to the Client to preview the website prior to the website going live.
4.15. Ahead Leads reserves the right to de activate a website in the event that the Client has any outstanding amounts owing to Ahead Leads.
4.16. By placing the order and/or paying the deposit the Client thereby accepts all terms and conditions as stated above.
5. SEARCH ENGINE OPTIMISATION (SEO)
5.1. The Client’s website will not be optimised for Google searches in the event that the Client does not pay for SEO.
5.2. Basic SEO does not include 1st page rankings with Google or any other Search Engines.
5.3. Ahead Leads includes the following with website design:
- Basic keywords built into pages;
- Website description built into header;
- Search Engine Friendly (SEF) URL’s.
5.4. SEO results may vary and can take up to 4 to 6 weeks to be indexed with Google after the website goes live.
6. ARTWORK
6.1. Delivery of artwork consists of the following:
- Supply of final artwork to chosen printer;
- On DVD/CD;
- On a USB device;
- Via Dropbox; and/or
- Via email.
6.2. No final artwork or files will be delivered until final payment is made in full.
6.3. The Client is to ensure their ownership of copyright for all materials supplied.
6.4. Information (word/.txt), as well as logos and artwork (photographs) to be used/adjusted must be supplied electronically, unless they are to be created as part of the project.
6.5. The Client is responsible for maintaining its own backups. Ahead Leads will not be held liable for restoring any Client’s data or the Client’s website, except to the extent that such data loss arises out of a negligent act of omission by Ahead Leads. Ahead Leads does not offer backups of the Client’s website for a set fee.
6.6. The Client agrees to Ahead Leads placing a link to Ahead Leads’ website on the Client’s website, and to Ahead Leads placing a link to the Client’s website on the Ahead Leads’ website, if not agreed otherwise in writing by the parties.
6.7. The Client agrees to permit Ahead Leads to place all designs used in the project on Ahead Leads’ own website for portfolio and demonstration purposes and to use any designs in its own publicity, unless the Client explicitly instructs otherwise in writing to Ahead Leads.
7. CHANGES AND APPROVAL
7.1. On completion of any work, Ahead Leads will notify the Client in writing and the Client will have the opportunity to review it. The Client must notify Ahead Leads, within 7 days of such notification, fully listing any queries. Queries, that have not been reported in writing by the Client to Ahead Leads within the 7-day review period, will be deemed to have been approved.
7.2. All amendments must be requested in writing.
7.3. Any additional work, amendments and updates will be charged at an hourly rate (dependent on the task involved) or will be quoted separately.
8. OWNERSHIP AND RIGHT OF INTELLECTUAL PROPERTY
8.1. All services provided by Ahead Leads for each specific project shall be for the exclusive use of the Client, other than for promotional use by Ahead Leads. Upon payment of all fees, the following reproduction rights for all approved final designs created by Ahead Leads for the project shall be granted:
- The Client to obtain full transferable rights to the brand identity;
- The Client to obtain full license to reproduce works through commercial printers.
8.2. Construction files (unused concepts, revision files, fonts, system and program files) remain the property of Ahead Leads.
8.3. In the case of web development and design, the files are based on a non-exclusive code base created and maintained by Ahead Leads. In some instances, existing code was used to assist in creating the deliverables. Such code and other underlying technologies do NOT become the property of the Client.
9. SUB-CONTRACTORS/THIRD PARTY CONTRACTS
9.1. Ahead Leads may utilise the services of sub-contractors to fulfill any or all of its obligations under the Agreement.
9.2. Any third party’s Terms and Conditions will include full reproduction rights for the Client. Where such contracting adds to the project costs, the Client’s written permission will be obtained prior to proceeding.
10. CONFIDENTIALITY/NON-DISCLOSURE
10.1. Ahead Leads (and any engaged sub-contractors) will not at any time disclose any of the Client’s confidential information to any third party.
10.2. The Client shall inform Ahead Leads in writing, before any project commences, of any confidential material or information provided by the Client or advise of any confidential portion of the project.
11. PAYMENT
11.1. 50% non-refundable deposit of the quoted amount is required before Ahead Lead will commence with project.
11.2. The project deposit is non-refundable and, if a project is cancelled by the Client for whatsoever reason, the said deposit will serve as a cancellation fee, together with a pro rate payment based upon the time already expended.
11.3. No final artwork or files will be delivered to the Client until the total payment is received by Ahead Leads.
11.4. In the event that the Client has made an arrangement with Ahead Leads to receive finished artwork before the total payment is made, Ahead Leads must receive the total payment no later than 7 days after the completion of the project.
11.5. Work in progress will be billed monthly by Ahead Leads to the Client, according to the amount of work that has been completed. This is payable within 7 days of statement date.
11.6. Ahead Leads is deemed to have received payment from the Client as soon as the payment amount reflects in Ahead Leads’ bank account and has been cleared by the bank.
12. CANCELLATION POLICY
12.1. In the event that the Client, for whatsoever reason, cancels the project, the following cancellation fees will apply:
- 20% of the outstanding fee if project has progressed more than 70%;
- 30% of the outstanding fee if project has progressed more than 80%;
- 100% of the outstanding fee if project has progressed more than 90% or is completed.