Terms and Conditions
Generally, all development will comply with the following processes, please view costing on items if discussed;
- Quote or proposal acceptance – signing off quote
- System Design and documentation and signing off when accepted
- Commencement of template design and tie up to framework and sign off on acceptance
- Development process and sign-off on completion of development process
- Testing phase and sign-off from our side to confirm testing of system
- Testing from client / your side to confirm acceptance and sign-off
- Going live and completion of project phase
- Maintenance and online marketing processes
- If required, new phase development applying the same procedures as described above
All orders should be accompanied by a purchase order number or alternative confirmation via e-mail or a signed proof of the quotation document. In the unforeseen event that the contract with us is cancelled for whatever reason, the Invoices paid at that stage will be forfeited and the contract become invalid. We would however endeavour to complete the project within the timeframe agreed upon however due to the nature of software development this may not always be possible and we cannot be held responsible for delays as a direct result of unforeseen circumstances, ad-hoc changes, specification changes, third party components or code updates. In the case where a project is launched in to a live environment before full testing and sign off has been completed for whatever reason, the project will be considered as signed off and any additional work will be considered as Adhoc or maintenance - In such a case we cannot be held responsible for any errors, issues, or resultant loss by the client due to the software. In the unforeseen event that the contract is cancelled, all invoices submitted at that stage, should be honoured and settled in full. Additional development, alterations, amendments or deviations from the initial quotation or project specifications would be considered as additional development and quoted upon separately. It is to be noted that Tec-Novation Solutions does not sell the product itself, the costs are calculated on the services of the resources and hours required to deliver the end product. All discounts will be forfeited on late payments, the value of which will become due and added to the final outstanding amounts owed.
Debit orders will be signed for a minimum period of 6 months on SEO services and 12 months on all other related services such as website hosting and rental services. Debit orders which are not honoured, will be penalised with the relevant bank charges at that stage. Please indicate to us should you wish to cancel a debit order before contractual ending period to pay the full settlement value of the contract for the full duration of said contract period. Cancellation of debit orders constitutes a breach of contract from the clients' side and all monies due to the end of the contract period will be the clients' responsibility to honour.
Any signed documentation is legal and binding. In the event of a dispute arising because of non-payment, the necessary legal route will be taken to settle the dispute and all legal costs would be to the account of the client. On projects running over to following months, invoices would be submitted on the 20th or closest date thereto of each month for payment by the end of such month for work completed or alternatively on completion of milestones. Late payments should be arranged beforehand, if not, an interest will be levied to the value of 1.5% of the value of the Invoice. Tec-Novation will not pay back any monies demanded by clients if the client sees that their business model is not working or does not create the desired revenue planned for - we will endeavour to ensure that all our system components are programmed and working as it should according to the specifications supplied or discussed with the client.
IP and information supplied
IP would remain the property of Tec-Novation Solutions until paid in full. We understand that all information supplied to us for use on your sites and projects are the property of the Author and that Tec-Novation Solutions will not take any responsibility for copyrighted material supplied by the client. Information and images are to be supplied in electronic format as agreed upon beforehand. The client agrees to make available as soon as is reasonably possible to Tec-Novation Solutions all materials required completing the project to the agreed standard and within the set deadline. Tec-Novation Solutions will not be held responsible for any grammatical or spelling errors etc. unless we have specifically been tasked as part of the project to supply such content. Any late submission of information, images or any electronic or hardcopy material, will result in time delays to the project and will be the client’s responsibility. Delays as such from the client side will and cannot be forced onto Tec-Novation to increase productivity to allow timeously completion of the project – this will only result in an extension of the timeline. Any information sent to Tec-Novation should be free of any errors, should we be asked to rectify any spelling errors or alterations due to client error submission, the amendments would result in additional costs to the client. On completion of the project any documentation, electronic text and media as well as all intellectual property remains the property of the client as per attached Terms and Conditions or as agreed upon by both parties in the event that Tec-Novation Solutions shares interest in projects.
3rd Party software
During the development of the solution Tec-Novation Solutions may be required to make use of 3rd party components to deliver the required functionality. These components or software are normally implemented to accomplish the required functionality and fast-track development and may need to be upgraded at a later stage due to changes in architecture and platforms, the cost of which is not included in this proposal. In the case of web-development we target the current browsers as generally used at the time of development and cannot be held responsible for future versions.
Hosting, malicious software and data security
Tec-Novation Solutions endeavours to ensure that software developed and implemented by the company complies to current industry standards and security at the time of going live, however given the nature of the platforms and environment cannot guarantee that the software is impervious to malicious attacks or ‘hacking’ from any third party. As standard practice Tec-Novation Solutions implements the necessary backups and security on its platforms and hosting environments, however cannot guarantee that data integrity will always be intact due to unforeseen circumstances. Clients are welcome to discuss any additional requirements with regards to securing data and software with Tec-Novation Solutions should the need arise. As part of the CPA, we require our clients to ensure that terms and conditions listed on their websites and software are up to date and in line with current legislation. All Software developed by Tec-Novation Solutions is supplied ‘as is’ on delivery and finalization of the project in terms of the initial agreement and as such maintenance of the software remains the responsibility of the client for the lifetime of the software use unless the maintenance forms part of the agreement. Whilst every precaution will be made to ensure that software developed by Tec-Novation Solutions are free of errors and secure, Tec-Novation Solutions cannot accept responsibility for any losses incurred due to malfunction, bugs or incorrect output etc. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use or submission to the live server environment. Data loss because of breach to the security of the data or software through third party ‘hacking’ or system errors will not be reimbursed to our clients in whatsoever way or means. Tec-Novation Solutions will endeavour to recover any data loss by means of restoring available backups at no cost; however, should the software require changing or additional programming to prevent future loss this would be at the expense of the client and be quoted upon by Tec-Novation Solutions.
Terms on maintenance packages
Maintenance is described as follows:
Software Maintenance involves making changes to the software implementation or delivery to correct faults and deficiencies found during usage, or to improve performance or any other attribute as well as to adapt the product to a new environment. These are generally classified as:
- Corrective – due to error detections
- Adaptive – due to change in environment
- Perfective – for improving quality (e.g. performance)
- Evolutive – due to changing user requirements
- Preventive – due to foreseeable errors but with no immediate benefit
- All package types are paid upfront every month
- A minimum of 3 months’ service delivery is required to facilitate the package costs
- Hours can only be transferred to the next month dependent on the required time for specific tasks and project requirements
- Hours can also be purchased extra per month - calculated at your selected package rate
- Should you require more time for the next month, you will receive the additional time at the discounted rate on upfront payment for that specific month as required.
- A report is issued on the log of work rendered and time allocation for the month for planning to the next month.
- Access is given to ticketing system
- Terms and rates of services are subject to re-negotiation by both parties on a 3 (three) month basis, bearing in mind that Tec-Novation has an Annual Price Increase on the 1st of March each Calendar year.
Included in the maintenance packages
The costs would budget for the following:
- Dedicate personnel allocation – preferential and prioritised service delivery
- Consultation time including workshops and project meetings
- Analysis, system design and new software development
- Maintenance and upkeep of already developed software
- General maintenance to Text and graphical user interface
- Research and documentation setup and maintenance to documentation
- System analysis and reporting
- Software and application development
- Graphical and user interface design and maintenance
- Use of the development server and space required for testing purposes
- Updates and upkeep of the components and system tools
- Ticketing system – enables you and us to evaluate progress
Additional costs would be for the following:
- Travelling and subsistence costs
- Outsourcing of Professional QA and Testing Services if required.
- Hosting and domain registration and renewals
- Search Engine Optimisation and Marketing costs to us for reporting and Google and Facebook
- Online and E-Mail marketing as well as SMS charges via notifications to clients
- Ad-hoc service requests outside of normal business hours