1. Hosting

Netwise Multimedia strives to keep hosting and website development and maintenance affordable to small businesses and organizations. In order to do so to the client’s benefit the following is our accepted business practice:

Netwise Multimedia and [Client] agree to the quote as presented here.

1.0.1   Please note that billing for hosting begins from the date this document is signed. Netwise Multimedia develops your website on your hosting solution to minimise costs to the client. Developing off-server adds to the cost when the site is moved to the server and bugs have to be ironed out. On server development allows you to follow the progress of your website’s development from your side without needing to travel through to us.

1.0.2  [Client] agrees to a monthly payment of agreed monthly hosting fee (above) and services as per monthly invoice sent by email; to be paid on or before the 1st of the month failing which Netwise Multimedia, after giving warning via e-mail, reserves the right to suspend the hosting agreement until the outstanding balance is paid.

1.0.3  Netwise Multimedia services incurred in the month are invoiced on the 24^th of the month, including hosting for the month ahead. 

1.0.4 [Client] agrees to pay the invoice for said month by no later than the last day of the month in which the invoice is issued. Failure of which, after an email written reminder, may result in the suspension of all services until the account has been paid. Netwise Multimedia relies on our clients to pay within the given time span in order to keep the costs of services as low as possible.

1.0.5 [Client] agrees that termination of hosting will be by one calendar months’ notice in writing.

1.0.6 Domains are registered in the name of Netwise Multimedia and managed by Netwise Multimedia for the duration of the agreement. Netwise Multimedia agrees to release [Client] domain/s immediately to the client or ISP of the client’s choice provided all outstanding monies, including that of the notice month have been paid in full.Netwise Multimedia undertakes to perform back-ups of [Client] website daily.  [Client] may use Akeeba backups at any time to back up and download your website.

1.0.7   While Netwise Multimedia does all it can to keep costs low hosting and development prices are reviewed from time to time and updated. Notification of price increase is sent a month in advance.  These are kept minimal.

1.0.8 SSL Certificate for Website hosting is included free of charge and is renewed automatically each month.

1.0.9 Unlimited mailboxes and mail forwarders are provided under this hosting agreement

1.0.10 Fourteen days of email backups are available if [Client] sets up IMAP email.

 

 

Please note that technical support is free for sites hosted on Netwise Multimedia servers.

2. Website Terms, Development and Maintenance Agreement

2.1 Definition of Terms:
The following definitions shall apply whenever applicable in the development phase this agreement. Once the site is completed and accepted (via email) all updates to this website are billed at our normal hourly rate.

2.1.1 Design Concept. A design concept is a conceptual part of the look and feel of the website created by Netwise Multimedia with elements completely recreated from scratch and shouldn’t be mistaken from a major revision.

2.1.2 Minor Revisions. Minor Revision includes navigation name changes, font styles, text changes, simple color changes, alteration of plain background or borders, replacement of new graphic already made available by [Client].

2.1.3 Major Revisions. Major Revision includes changes in major design elements, like the entire color scheme of the site, complex background and complex borders, main character elements and custom graphics that will be created from scratch, changes in the navigational structure, 3D elements and those that will affect the slicing of graphics and overall look and feel of the website and those changes that will affect the structure of the database or other backend programs already integrated on the Final Artwork.

2.3.4 Final Artwork (FA). A website is considered a Final Artwork once everything is in place. This includes all required sections of the website, the navigation and backend/database (if there is any), and uploaded to the designated server or a temporary location for [Client] viewing.

2.3.5 Content. Content refers to all text, images and anything that is not included in the design template and the CMS.

 

2.2 Development of the website
2.2.1. After the completion of the design studies Netwise Multimedia will submit to [Client] a design concept for approval. Once approved the design concept will be developed into a site template. Should [Client] not approve the first design concept, a second design concept will be prepared and submitted by Netwise Multimedia for approval. Should the second site concept not be accepted then [Client] will be required to submit a link to a site with a design concept of your choosing for us to follow.

2.2.2. Once a design concept has been decided upon, any change to the design concept and template that is not a minor revision will be deemed a major revision and will be billed separately to the agreement.

2.2.3. It is the responsibility of [Client] to provide all content for the website within the timetable listed above. Delay in delivery of the content does not prevent the balance of the development costs being invoiced when the design is completed and the time that has expired is longer than stated in the project timetable. If delivery of final content for free addition (indicated above) is after the date invoiced, Netwise Multimedia will still add this content at no additional cost to [Client].

2.2.4. [Client] agrees to use the Netwise Multimedia Helpdesk ticket system to communicate regarding this project. Submitting content and media may not be emailed to Netwise Multimedia to avoid overloading Netwise Multimedia email mailboxes.

 

2.3 Costing (Please Read Carefully)
2.3.1. This agreement will run for the duration of the development as per the Development timetable agreed to above. However, we provide for additional time, upon request, up to three months for site content to be provided. At the end of three months from the date of the signed agreement if the content has not been provided [Client] will be liable for the full amount of the development project agreed to in this agreement.

2.3.2. A fixed rate for an item in this agreement (above) provides [Client] with an hour stack as stipulated above. The quantity of hours given to the project is reliant on the expected time to be taken as per the job spec that has been given and agreed to in the job scope above and as provided by [Client] at the time of meeting. Should the job take longer than the amount of hours stipulated in the hour stack above due to unforeseen circumstances or changes or additions requested by [Client] in addition to what was agreed upon in the job specification document, hours can be added to the job stack billable to [Client] once [Client] has been informed.

2.3.3. [Client] accepts that the invoice for the completion of the website needs to be paid in full before the website can go live unless an arrangement for payment has been made and indicated on this agreement. This may differ in the case of payment arrangements indicated above, in which case the payment arrangement takes precedence.

2.3.4. [Client] accepts that ALL quotes for programming are estimates and programing is billed in realtime as the project proceeds. However, Netwise Multimedia agrees to keep additional programming time to a minimum and will inform the client in advance if the project is expected to go overtime.

 

2.4 Enhancements/Addendum
2.4.1 Additional features requested by [Client] to be integrated such as additional components on CMS, additional components on the frontend, replacement of an entire animated scene, or additional graphics or video not part of the original design shall be considered ENHANCEMENTS OR ADDENDUM to the Enhancements/Addendums are exclusive of the original time table of the project and will be billed separately.

 

2.5 Third Parties

2.5.1 [Client] shall not allow the services or assistance of a Third Party designer to work with the website without the knowledge and permission of Netwise Multimedia for security reasons and to ensure that your guarantees remain in tact. This does not apply to content updates to the website by a trained staff member of [Client]

2.5.2 Netwise Multimedia does not allow third party logins or ftp logins to our servers nor do we host mail services where we do not develop and maintain the website.

 

2.6 Confidentiality and Non-Disclosure Agreement

2.6.1 Netwise Multimedia shall hold in confidence all materials submitted by [Client].

2.6.2 Netwise Multimedia agrees to not disclose any of [Client] content.

2.6.3 Netwise Multimedia respects the privacy of its clients.

 

 

2.7 Cancellation/Rejection of the Project

2.7.1 [Client] shall not unreasonably withhold acceptance of, or payment for this project.

2.7.2 Prior to completion of the project, if [Client] observes any nonconformance with the design plan, the designer must be promptly notified, allowing for necessary corrections. Rejection of the completed project or cancellation during its execution will result in forfeiture of the deposit. All elements that belong to Netwise Multimedia for the project must then be returned to Netwise Multimedia.

 

2.8 Intellectual Property Rights and Termination of Services

2.8.1 All properties of originals (Source Files) created by Netwise Multimedia, namely the design and programming files such as Photoshop Layered PSDs, Flash FLA’s, Illustrator AI’s, proprietary web menu systems, proprietary code and 3D source files, shall remain the property of Netwise Multimedia.

2.8.2 All content including images and video supplied by [Client] for the website remain the property of the cient and will not be used for any other client or project withoiut written permission for the [Client].

2.8.3 All Joomla extensions purchased by the [Client] remains the property of the [Client] with the exception of Netwise Multimedia proprietary extensions and where the end user agreement by the extension prohibits this. All extensions and site tools purchased or developed by Netwise Multimedia and provided free of charge to [Client] are deemed for use with this domain and in terms of this agreement only. The site may not be replicated for use with any other domain or downloaded and used internally.

2.8.4 In the case of [Client] terminating the services of Netwise Mulitmedia, upon request and during the notice month, provided there no outstanding accounts, a zipped archive of the website will be made available for [Client] to download. 

 

2.9 Reproduction of Work

2.9.1 Netwise Multimedia retains personal rights to use the completed project, for the purpose of design competitions, future publications on design, educational purposes and the marketing of the designer's business. Netwise Multimedia shall not reproduce the design or content of the site for any other purpose.

 

2.10 Site Security

2.10.1 For the safety and security of all [Client] content on Netwise Multimedia Servers, [Client] shall implement back end passwords that meet our high standards. All Joomla CMS login passwords to the backend of the site need to contain a minimum of 12 characters and a combination of upper case letters, lower case letters numbers and symbols.

2.10.2 Passwords may not contain common or proper nouns or dates. [Client] shall not give out website logins to unauthorized persons. Please note that Netwise Multimedia cannot be held responsible for security on servers we do not manage.

2.10.3 Netwise Multimedia undertakes to maintain the highest levels of security on our servers. We take security very seriously. However, it is impossible to guarantee that a website’s security will never be breached. Should such a breach occur, Netwise Multimedia will address the matter as soon as it comes to our attention.

2.10.4 With our commitment to security on the internet, [Client], by way of acceptance of this agreement, hosts your website at your own risk and Netwise Multimedia cannot be held legally liable for breaches of security.

 

2.11 Service Level Agreement

2.11.1 Netwise Multimedia will strive to ensure a 100% site up time and website and mail accessibility. We have a support team that is available to assist [Client]. This support is available through our Helpdesk Ticket system where [Client] agrees to log all support issues.

2.11.2 Please not that Netwise Multimedia is not responsible for your ISP data connectivity. This is the responsibility of your ISP and connectivity issues need to be taken up with your connecting ISP.

2.11.3 Shall there be any regression in the performance of the website due to modifications, changes or as the result of hacking, this shall be rectified at the expense of Netwise Multimedia only if the site is hosted on Netwise Multimedia servers.

2.11.4 While Netwise Multimedia will do its utmost to back up and maintain all our websites, where [Client] has opted to install Joomla modules, extensions and plugins that have resulted in corruption of the website installation or loss of data, Netwise Multimedia will not be held responsible. Costs to repair the site, if any, will be for [Client]’s account.

2.11.5  Netwise Multimedia will provide back end login for [Client] if a Joomla site provided for in this development agreement. However, unless Joomla training and training on how to use the components [Client] has purchased listed above has been provided to a member or members of [Client], all assistance and training is billable at our current hourly rate.

 

2.12 Changes to Terms and Conditions
2.12.1 These terms and conditions take effect on the signing of this agreement and continue indefinitely thereafter, for so long as [Client] continues to use Netwise Multimedia’s services. You can review the most current version of the terms and conditions at any time at https://www.netwisemm.co.za/hosting-terms-and-conditions

2.12.2 Netwise Multimedia reserves the right, at our sole discretion, to update, change or replace any part of these terms and conditions by posting updates and changes to our website. While we will notify you of changes to the terms and conditions, it remains [Client]’s responsibility to check our website periodically for changes. The link can be found under MY HELPDESK on our website. Your continued use of or access to the Netwise Multimedia website and Services following the posting of any changes to these terms and conditions constitutes acceptance of those changes.