Terms & Conditions

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General

These terms are provided to clarify what Funkey Purple provides and to explicitly explain our business terms. As this is a live document you should always monitor this for changes if you have any services with Funkey Purple Software.
All prices quoted on this site includes VAT.

Please read through our Terms and Conditions. If you are using or have used our service it is understood that you have agreed to the terms set forth on this page. “We” means Funkey Purple and References to “client” refer to you. Our terms can change at any time, so it is important that you check back here regularly.

 

Standard Rates
In order to simplify the costing unless otherwise stated Funkey Purple has a company wide standard rate. Current standard rates @ R325.00 per hour for Graphic Design.

Different rates apply Web Design, Typesetting, Printing and Photography

An initial Deposit of 50% of the quoted price for work to be completed needs to be paid to Funkey Purple prior commencement of work.

The client must provide all the data including content and images and a regular feedback to ensure that we can develop solutions within the timeframes.

On completion of the project the remaining payment of 50% will need to be deposited and then the files and data will be sent to the client

 

Payment
The client may pay us using EFT to our bank account provided on your invoice. It is the Client’s responsibility to provide the proof of payment and supply the correct reference so that we may allocate payment correctly.
All service with Funkey Purple is payable in advance. In the case where we cannot predetermine your monthly charges like bandwidth over usage, we will bill at the end of the month.


Rejection Fee

In the event of your cancellation of a project, or any delay of more than two months after work has commenced, a 25% cancellation fee will be invoiced.

All work will remain our property, but will be available if the project should be resumed at a later stage.

 

Printing Proofing Policy
An approval to send an order to print is confirmation that you have reviewed the proofs/product completely, agree that all content in the proofs are correct, and hereby release Funkey Purple from liability of any content errors that should be discovered after production begins.

Proofing is an important step. Whether you have submitted your own artwork or Funkey Purple designs it for you, it is your responsibility to check for any errors prior to printing. Please carefully check spelling, phone numbers, fonts, placement and all other details.

 

Electronic Proofs
Electronic proofs closely represent the image, colour and text placement, but is not the exact colour. This is due to your monitor’s colour settings being slightly different than that of the designers as well as the printer’s machinery. The colours of your proofs as they appear on your monitor are only a close representation of the final printed piece. Pantone colours may vary depending on your monitor’s brightness, contrast and colour adjustment settings. The image may also appear larger or smaller than actual production size depending on the resolution of your monitor. We cannot be responsible for variances in final printed colours unless they are outside of our production department’s ink tolerance specifications.

 

Proofing of final project
To limit any possible errors in artwork, designs will not go to production until they have been approved by the client. Funkey Purple will not be held responsible for errors if the client misses something in the proof, has reused a printed or digital proof, or if the client, during order placement, has requested the order go to production without proofing.

 

Images
Funkey Purple will endeavour to ensure that only royalty free images are used in custom designs. It is agreed that Funkey Purple will not be held liable for any damages, costs and expenses, including reasonable legal fees, arising out of or related issues, copyright, or trademark infringement resulting from images used upon request of the client or provided by the client.

Ownership of Data and Content
The data and content of any nature including Images, product and person images are property of the client. The client is responsible for providing any such material which is owned or purchased by the client. Funkey Purple is not responsible for any claims and legal actions of any nature in case of a conflict with any 3rd party.

 

No Warranty
Funkey Purple makes no warranties or representations of any kind for the services being offered. The service is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. Wherever a 3rd party tool or plug-in is used. These are subject to warranty as per provider’s term and conditions.

 

Design Credit
The Client agrees that Funkey Purple may place their logo and website link within the Client’s website establishing design and development credit. The Client also agrees that the work designed and created for the Client may be included in Funkey Purple’s portfolio.

 

Domain Registration Agreement
Click here to view the agreement/Terms for Registry.net.za 
Click here to view the agreement for OpenSRS

 

Web Development
Unless explicitly quoted and invoiced, Funkey Purple will not be held reliable for the content of your website.

 

Hosting
Hosting is on a month-to-month basis. Unpaid hosting spaces will be removed from servers after two weeks. No backups of these spaces will be available after this. It remains the client’s responsibility to do backups before cancellation or migration away from us. Hosting is either paid and active or unpaid and data scheduled for removal.

 

General Usage
Acceptable use policy of Funkey Purple is subject to the acceptable and use policies of Internet Solutions, Hetzner and the WWW consortium in addition to other related acceptable usage as described in this document.
Find more info regarding IS and the WWW consortium on their respective sites.

 

Staging Environment Hosting
We will post your site on our production servers running in a web staging area. This has the benefit that search engines (like Google) will scan and start to index your site from very early in development phase, without being “live”.
The resources that this staging site consumes are the same as for a normal live production site. The client (You) is responsible for this hosting cost. We provide you with email, database, and hosting space as per normal hosting.
Should you not want to make use of this “staging environment” you should provide us with an alternative.

There are exceptions (such as larger projects) that will be discussed with the client themselves should it apply.

 

Product Specials
Free co.za domains are dependent on 3 months of hosting at Funkey Purple for all packages except parking.
Free SSL certificates are issued for a 3 month period at a time with free renewals while hosting at Funkey Purple

 

Bandwidth
The hosting industry in South Africa is driven by bandwidth. All our packages get calculated primarily based on bandwidth. Other factors such as spaces used on the disk and email usage etc. also play a smaller role. Your panel will at any time show you your totals regarding space and bandwidth. When the bandwidth gets exceeded an additional invoice will be payable on the over bandwidth usage. The rate gets published on the hosting pages on this website.

 

Cancellation
All services may be cancelled with 1 calendar month notice. (Notice may be by any electronic means).

 

Email
Funkey Purple makes use of commercially licensed email software. We maintain backups of all data for 24 hours for the purpose of Disaster Recovery only. The client is responsible for their own mail. We have no control over whether you delete mails or not. If mails are removed from the mail server it is no longer available for us to recover after 24 hours.

 

Funkey Purple non-disclosure agreement
Funkey Purple agrees that the all the information disclosed by the client (you) including such information disclosed in writing, orally or by inspection of client’s (your) property, relating to (without limitation) the company’s prototypes, samples, technical data, trade secrets, know-how, actual and anticipated research, developments or products, product plans, services, software, inventions, processes, discoveries, formulas, architectures, concepts, ideas, designs, drawings, personnel, customers, markets, marketing plans, distribution methods, financial information, sales or programming matter, compositions, drawings, diagrams, computer programs, studies, work in process, visual demonstrations, manufacturing plans, confidential information disclosed to the company by third parties and other data, whether oral, written, evidence is now of subsequently becomes generally know or available by publication, commercial use or otherwise, through no fault of Funkey Purple.

Funkey Purple agrees to use the confidential information solely for the purpose to use all possible means to maintain the confidential information in strict confidence and at least those measures that it employs for the protection of its own confidential information, but in any event not less than a reasonable degree of care to disclose confidential information only to Funkey Purple who is required to have the information to perform duties on behalf of the client (you).

 

Dispute resolution
If there is any dispute arising under this agreement, the parties undertake to use all reasonable efforts in good faith to attempt to resolve the dispute which arises between them. A party may give the other party a notice of dispute in connection with this agreement. Both the parties must first attempt to resolve the dispute amicably on mutually reasonable terms before commencing any mediation.

The Client shall pay all arbitration and court costs, reasonable legal fees and legal interest on any award or judgment in favour of Funkey Purple or as directed by the award.

 

Governing Law
This agreement shall be governed and construed in accordance with the laws in the South African jurisdiction. Any legal action arising out of its use shall be brought and enforced under the laws of South African courts. By signing this agreement, both parties agree to submit to the jurisdiction of the courts of South Africa and any legal action pursued shall be within the exclusive jurisdiction of the courts of South Africa.