Website development terms.

Feb 11, 2022

These additional terms of service are an addition to Lefoka terms of service and reflect the way Lefokaâ€™s business works, the laws that apply to our company, and certain things weâ€™ve always believed to be true. As a result, these terms of service help define Lefokaâ€™s relationship with you as you interact with our services. For example, these terms include the following topic headings:

acceptance by Lefoka, which describe how Lefoka acceptance of work and what you can expected from us
acceptance by you, which describe your acknowledgement to the terms below and what is expected from you
charges, which establish the fees or charges you may pay
development, which describe how the website development process works

Acceptance means when Lefoka and the user agree to the commencement of a project which Lefoka would have specified to the user in writing via email.

Acceptance by Lefoka

Lefoka may decline certain project at it's own discretion.

What you can expected from us

Lefoka prides itself on excellence and ensuring that you get exactly what you requested, what was discussed and more.

Acceptance by you

It is not necessary for any user to have signed an acceptance of these terms of service for them to apply. If a user accepts and signs up for a service package based on mutual agreement between Lefoka and the user, the user will be deemed to have satisfied themselves as to the terms applying and have accepted these terms of service in full.

What we expect from you

Your relationship with Lefoka simply requires you to abide to these terms, Lefoka terms of service, privacy policy and any other terms which Lefoka related to your service, for example the subscription terms.

Charges

LefokaBeacon charges ZAR(R) 0.00 (free of charge) for websites of any nature or size and the user is only subject to pay monthly hosting fees as seen on the user's Lefoka account or agreed upon between Lefoka and you.

LefokaBeacon is a division owned and operate by Lefoka which is responsible for building, and launches websites.

Additional fees may be charged when:

the user revises the overall functionality of the website or web app during the development stage, see development terms below
the user changes the features after the development has been completed
the scope of the project requires additional resources, which will fall under the custom plan

Unless agreed otherwise with, the user will be required to an advance payment for hosting when the project begins. Pro-rata rates may apply.

Development stages

Pre-development stage

The per-development stage means, the discussion that comes after or before the development of the website or web app begins or after the initial brief of has been agreed upon however no work has been done by Lefoka. During this process the user is free to:

add any additional feature, which may be accepted or decline at Lefoka's own discretion
disrupt the pre-development stage only if they have alterations to the initial agreed upon brief. A reasonable service penalty fee at Lefoka's own discretion may be charged prior to altering the original agreed upon brief

Development stage

The development stage means, when the commencement of the website or web app build have begun. The following terms may apply:

should the user wish to revise the overall functionality of the website, the client may be required to pay for additional services rendered prior to the revision
Lefoka reserves the right to cancel the user's mandate should it be of the opinion that such a mandate is unlawful or unreasonable

Post development stage

The post development stage means, after the development stage has been complete and the website or web app has gone live.

You are free to:

suggest changes or additional features after the development has been completed, additional fees may be billed at Lefoka's own discretion

Training

Customer service is in integral part of our business strategy, Lefoka agree to provide a free one-time complimentary training session in order for user to better make use of their new web technology.

Additional training hours can be purchased at our standard hourly rate or applied against your existing maintenance contract - if one exists.

Rights and ownership

The user retains the copyright to data, files and graphic logos provided by the user, and grants Lefoka the rights to publish and use such material. The user must obtain permission and rights to use any information or files that are copyrighted by a third party. The user is further responsible for granting Lefoka permission and rights for use of the same and agrees to indemnify and hold harmless Lefoka from any and all claims resulting from the user's negligence or inability to obtain proper copyright permissions.

Lefoka grants the user exclusive rights to make use of the website while they are with us.

Any and all websites or web app built by LefokaBeacon are property of Lefoka, unless otherwise stated.

The website built may be:

operated by the user and it's clients in accordance with the website primary business
changes and/or edits may be made by the user at their own discretion

Lefoka reserves the right to disagree to move the website to another host. However a request may be sent to Lefoka through the contact form and Lefoka may agree or disagree at it's own discretion to said request.

Billing

The user is required to make monthly hosting payments to Lefoka. Such payments are debited via a subscription model automatically on the first of each month.

Rejected debit orders will incur a ZAR(R) 100.00 penalty fee which will be added on to your next invoice. You will be prompted to settle your account via an EFT or card payment and will return to the normal subscription payment process for your next payment. Failure to settle this account promptly will result in the termination of your service(s).

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the user in default maintains any information or files on Lefoka's web space, Lefoka will, at its discretion, remove all such material from its web space. Lefoka is not responsible for any loss of data incurred due to the removal of the service(s). Removal of such material does not relieve the user of the obligation to pay any outstanding charges assessed to the user account. Users with accounts in default agree to pay Lefoka reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Lefoka in enforcing these terms.

The user shall pay a hosting fee determined by Lefoka or mutually decided by Lefoka and the user on a monthly basis.

Lefoka retains the discretion to reasonably increase or decrease the amount and the reasons therefore will be communicated to you.

Breach

Lefoka reserves the right to cancel this agreement upon the realisation of the existence of a material breach of this agreement.

The user consents to the jurisdiction of the court within which the Lefokaâ€™s office is situated. Alternatively, the user consents to the jurisdiction of the court within which this agreement was concluded.

Any and all legal expenses incurred for any legal action brought against the user which were advanced by Lefoka shall be payable by the user to the Lefoka on an attorney-own-client scale at an interest rate of prime plus 2 (two) percent.

Indemnity and exclusions

Lefoka is:

not responsible for the purchasing of any domain name and any domain name renewal unless otherwise stated
not responsible for the copy or content across the website unless otherwise stated
not responsible for the loss of any data lost as a result of the user's conduct

All Lefoka web services may be used for lawful purposes only. The user agrees to indemnify and hold harmless Lefoka against all damages, losses and expenses arising as a result of any and all actions or claims resulting from the user use of Lefoka service(s).

The user is:

prohibited from the use of any of the Lefoka's assets without prior written consent from Lefoka
not to distribute the development URL to persons who are not involved with the project

Termination Lefoka's discretion

Termination by user

At any stage of time the user may request a service termination or cancelation which are subject to the cancellation terms.

Lefoka's discretion:

Lefoka reserves the discretion to provide capital to keep the website live during the development phase for the user's convenience.

Lefoka retains the discretion to cancel or stop the project if it is of the opinion that it is reasonable to do so. In such an event, everything worked on by the Lefoka will be deleted and unavailable to the user. The user will thereafter be informed by email that Lefoka will not assist the user any further.

Related terms

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