Terms & Conditions
SimplX Digital Terms & Conditions
These Terms and Conditions were adopted by the Members of SimplX Digital on 01
July 2021.
following Terms and Conditions represent the engagement framework that governs the relationship between SimplX Digital (Pty) Ltd and its Clients. It is applicable to all products and/or services offered by SimplX Digital (Pty) Ltd, for and on behalf of any Client(s). SimplX Digital (Pty) Ltd will prepare quotation(s) for any such products and/or services. Once these products and services have been clearly agreed to by the Client(s) this will be incorporated into a formal quotation to which these terms and conditions are attached, such that SimplX Digital (Pty) Ltd is authorized to render the products and deliver said services, under these Terms and Conditions.
1. Project Specifications
1.1. The Client is required to supply the quotation requirements to SimplX Digital (Pty) Ltd in order for SimplX Digital (Pty) Ltd to scope and then issue an accurate quotation.
1.2. If the Client requires assistance beyond the scope of the quotation, SimplX Digital (Pty) Ltd is willing to assist the Client but as an agreed variation. The additional agreed variation may be billed to the client upon mutual agreement.
1.3. Any Additional Work (Terms and Conditions 12.) shall be agreed to as a variation prior to commencing with the additional work.
2. Quotation
2.1. Quotations are valid for 7 (seven) days from the effective date on the quotation.
2.2. Quotations do not include domain name registration or hosting fees which are subject to separate quotations.
3. Acknowledgement
3.1. By making use of SimplX Digital (Pty) Ltd products, services or by accepting a quote, you agree to and accept the Terms and Conditions of SimplX Digital (Pty) Ltd. Acceptance can be verbal, by email, payment of Initiation or signing a quote.
4. Agreement
4.1. The Client acknowledges acceptance of the quotation and these Terms and Conditions by paying 50% or total quote into the SimplX Digital (Pty) Ltd stipulated bank account.
4.2. Products and/or services as described in the quotation will commence once the Client’s mobilisation fee has been received (Terms and Conditions 4.1).
4.3. SimplX Digital (Pty) Ltd commit to work expeditiously to complete the scope of services as agreed within the timeframes indicated.
4.4. SimplX Digital (Pty) Ltd cannot be held responsible for delays outside of their control, including but not limited to equipment failure, third party hosting services, and internet connections.
5. Required Documentation
5.1. Required documentation refers to and any and all information necessary for the timeous commencement and delivery of products and/or services as described in the quotation.
5.2. The Client is to provide all required documentation electronically to SimplX Digital (Pty) Ltd as soon as possible.
6. Copyrights
6.1. The Client must ensure they have the copyright for all material supplied.
6.2. SimplX Digital (Pty) Ltd, employees, independent contractors, affiliates, agents, agencies or any associates involved in a Client’s products and/or services, will not be liable or held responsible for any Copyright disputes.
6.3. If and when SimplX Digital (Pty) Ltd are informed that material was provided without the required Copyright, illegal content will be removed immediately, and the Client will be billed with the cost thereof.
6.4. SimplX Digital (Pty) Ltd does not take any responsibility for any and all content supplied from the Client without proper copyright whatsoever.
7. Written Content and Fonts
7.1. Unless otherwise specified in the quotation, the Client shall supply all content wording and files to be published in accordance with the quotation.
8. Search Engine Optimization (SEO)
8.1. SimplX Digital (Pty) Ltd cannot guarantee search positions or rankings of websites but includes on-site Search Engine Optimisation (SEO) in the form of meta tags and descriptions, structure, and basic content recommendations. SimplX Digital (Pty) Ltd can assist with the Client’s SEO if and when required and will issue the Client a quotation accordingly.
9. Review and Changes
9.1. On design completion of the Client’s website, the website will be activated for 5 (five) working days, in order for the Client to preview and respond with amendments and/or improvements, within these 5 (five) working days, in writing by e-mail or phone.
9.2. Hereafter the Client’s website will be reverted to “Under Construction” status until these amendments and/or improvements, or other adjustments have been made.
10. Balance of Payment
10.1. All work remains the property of SimplX Digital (Pty) Ltd until full and final payment is received.
11. Completion Date
11.1. Activation of the Client’s website is conditional to the Terms & Conditions 10. above.
11.2. The Completion Date of a project is affected by feedback and received content from the Client. Time-frames will be adjusted within reason, notwithstanding these Terms & Conditions.
11.3. The Client will be notified when the website is activated, and then the Client will have 5 (five) working days to report any faults or request minor alterations (within the initial Agreement), in writing by e-mail or phone.
11.4. Should SimplX Digital (Pty) Ltd not receive a reply within 5 (five) working days via phone or e-mail, the Client’s website is considered finalised and complete. Therefore, SimplX Digital (Pty) Ltd take no responsibility for website content errors hereafter.
11.5. Please note that any further adjustments or amendments after this date will be at an additional cost as set out in Terms and Conditions 12.
12. Additional Work
12.1. Additional Work requested and agreed to, or any other work in progress for the Client’s website after the Completion Date of the original Agreement, will be billed in accordance to these Terms and Conditions, quoted and agreed to.
12.2. All payment(s) and timeframe(s) as set out in these Terms and Condition shall apply.
12.3. Scope creep will not be tolerated, and setting clear goals, objectives and specifications in the initial negotiations and project specifications with SimplX Digital (Pty) Ltd remain the responsibility of the Client. Any additional work will be quoted upfront and agreed upon before commencing with the additional work.
12.4. SimplX Digital (Pty) Ltd may suggest additional work for the Client’s project, including but not limited to graphic design, software, etc. to enhance the Client’s website functionality and appearance, and reserves the right to do so free of charge or SimplX Digital (Pty) Ltd will issue the Client a quotation accordingly.
13. Service Agreement
13.1. The Client may request SimplX Digital (Pty) Ltd access to their website’s Content Management System (CMS). Upon doing so, the Client indemnifies SimplX Digital (Pty) Ltd from any changes made by the Client or any third party to the website, which includes but is not limited to any content changes, software updates, added software, or loss of information.
13.2. A restoration fee in accordance to these Terms and Conditions, quoted and agreed to, will be billed when having to restore a website.
13.3. SimplX Digital (Pty) Ltd commit to respond to any technical error, which may be the result of their Hosting services, design software or any plausible fault, omission, or neglect on their part within this agreement(s), within 2 (two) working days.
13.4. SimplX Digital (Pty) Ltd are not liable to Client(s) or responsible for said products and/or services of Client(s) whose accounts are not paid up to date.
14. Invoice and Statements
14.1. SimplX Digital (Pty) Ltd is not a credit service provider and does not grant any credit facilities whatsoever.
14.2. Client Statements and accounts do not imply negotiable payment terms and are issued in accordance with the nature of SimplX Digital (Pty) Ltd being a month-to-month service provider.
14.3. All Invoices are billed to the Client’s account and e-mailed to the Client in accordance with these Terms and Conditions, and payments made by the Client are allocated to Invoices on the Statement upon SimplX Digital (Pty) Ltd having confirmed receipt of said funds.
14.4. Invoices, corresponding payments received, and due balances will reflect on the Client’s Statement.
15. Consultations
15.1. Telephonic, Zoom, Teams or e-mail queries will be responded to free of charge for confirmed Clients according to Terms & Conditions 4.1.
15.2. Meetings and consultations will be charged at the discretion of SimplX Digital (Pty) Ltd, in accordance to these Terms and Conditions, quoted and agreed to.
16. Legal Costs
16.1. Failure to comply with these Terms and Conditions regarding payments and fees will result in legal action from SimplX Digital (Pty) Ltd legal representative(s), and the full outstanding balance becomes payable.
16.2. All legal cost resulting of non-payment will be accrued to the Client’s outstanding balance.
17. Cancellations
17.1. Should the Client cancel the project at any time, all fees up to that point of work will be calculated. Any amount greater than the 50% deposit will be billed to the Client. This is payable within 7 (seven) calendar days of Invoice date.
17.2. SimplX Digital (Pty) Ltd will only refund Client’s amounts paid, greater than the 50% deposit for products and/or services not delivered in accordance to the initial Agreement(s), or balance thereof in accordance to Terms & Conditions 17.1.
17.3. Hosting and Domain Fees are non-refundable, as these are paid in advance.
17.4. SimplX Digital (Pty) Ltd reserves the right at its discretion to cancel this Agreement should the Client breach any of the Terms and Conditions stated herein.
18. Security
18.1. SimplX Digital (Pty) Ltd will not be held liable for any viruses, hacking, malicious content or any Security breaches pertaining to any third-party applications or to the Client’s website.
18.2. SimplX Digital (Pty) Ltd as a hosting service provider will take whatever action may deem necessary and reasonable to preserve the security and reliability of its network.
18.3. Should there be any allegations against the CLIENT regarding illegal activity on their website e.g., using the website to scam users/ fraud clients, SimplX Digital will have the right to terminate the website with immediate effect. It is the CLIENTS responsibility to provide SimplX Digital (Pty) Ltd with proof that such allegations are false before the website will be activated again.
19. Hosting Payments
19.1. Hosting fees are payable from date of domain registration or transfer to SimplX Digital (Pty) Ltd.
19.2. Payments not received by the last day of each month will automatically suspend the Client’s Hosting service, thus deactivating the Client’s website.
19.3. A reactivation fee, at the appropriate rate at that time, will be billed to the Client.
19.4. Hosting fees not received for 2 consecutive calendar months irrevocably terminates the linked website. No software, design and/or development work associated with the domain is recoverable by reactivation hereafter.
19.5. SimplX Digital (Pty) Ltd reserves the right to suspend the Client’s services due to non-payment and charge fees, at the appropriate rate at that time, on all arrears in accordance with these Terms and Conditions.
19.6. Hosting cancellations are only accepted in writing or e-mailed to member of the SimplX Digital (Pty) Ltd team, on or before the 1st of the new month as it carries a calendar month notice period.
19.7. All outstanding payments must be paid up to date before the Client’s Hosting services will be terminated with SimplX Digital (Pty) Ltd, thus enabling release to transfer to a Third-Party Hosting Service Provider.
20. General
20.1. These Terms and Conditions (https://simplx.co.za/terms-and-conditions/) are legally binding in accordance with the publishing date hereof, as incorporated on SimplX Digital’s (Pty) Ltd own website, and date of signing a product and/or service delivery Agreement(s) with SimplX Digital .
