Terms and Conditions - Warp Development | Canada & South Africa

When you browse or otherwise use this website in order to gain information or purchase services you are entering into an agreement with Warp Development (Pty) Ltd which sets out terms and conditions governing your use. While you are required to review the full terms and conditions we wish to bring the following to your attention:

The following terms and conditions apply to all website, software, app development and design services provided by Warp Development (Pty) Ltd to the Client.

1. Acceptance

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full.

Please read these terms and conditions carefully. Any purchase, payment or use of our services implies that you have read and accepted our terms and conditions. Paying for a service constitutes agreement to these terms and conditions.

Email confirmations are also an acceptable form of communication.

2. Charges

Charges for services to be provided by Warp Development (Pty) Ltd are defined in the project quotation that the Client receives via e-mail. Quotations are valid for a period of 14 days. Warp Development (Pty) Ltd reserves the right to alter or decline to provide a quotation after expiry of the fourteen (14) days.

All quotes are handled on an adhoc basis unless otherwise specified. Fees are provided in our rate card and applicable to territory.

Payment for services are due by bank transfer. Bank details will be made available on invoices and payment terms will be agreed and provided on quotation and invoices supplied.

3. Client Review

Warp Development (Pty) Ltd will provide the Client with an opportunity to review the appearance and content of the website during the design phase, during the demo phase and once the overall website development is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Warp Development (Pty) Ltd otherwise within ten (7) days of the date the materials are made available to the Client. 

4. Turnaround Time and Content Control

Warp Development (Pty) Ltd will install and publicly post or supply the Client's website by the date specified in the project proposal, or at date agreed with Client upon Warp Development (Pty) Ltd receiving initial payment, unless a delay is specifically requested by the Client and agreed by Warp Development (Pty) Ltd.

In return, the Client agrees to delegate a single individual as a primary contact to aid Warp Development (Pty) Ltd with progressing the commission in a satisfactory and expedient manner.

During the project, Warp Development (Pty) Ltd will require the Client to provide website content; text, images, video files and data.

5. Failure to provide required website content, data, brief or functional specifications:

To remain efficient we must ensure that work we have planned is carried out at the scheduled time. We ask that you provide all the required information in advance. On any occasion where progress cannot be made with your project because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to reschedule your project in production.

If you further fail to communicate with us and provide us with all relevant information prior to project commencement, we reserve the right to close the project and the balance remaining becomes payable immediately.

The project may not be delayed or slowed down to avoid non-payment. If no communication is received, no feedback provided, and the project is unable to continue after a period of 6 weeks, the deposit payment will be forfeited. The project will be re-quoted in order to continue.  

6. Payment

Invoices will be provided by Warp Development (Pty) Ltd upon onboarding, testing and completion but before publishing the live website. Invoices are normally sent via email. Invoices are due upon receipt, unless otherwise specified. 

There are 2 types of ongoing costs: domain registration and hosting. Some contracts are billed monthly and others annually.

  1. Domain name registration: This cost recurs annually.

    Domain name registration gives you exclusive rights to a certain name, such as www.mygroup.org, so that you can use it for your web-based purposes. You are NOT required to register a domain through us, but we strongly PREFER that you do. Domain name registration fees are not refundable.

  2. Hosting: This cost recurs monthly. Hosting places the domain name on a particular server connected to the web, which allows you to post a website for viewing through a browser. You are NOT required to host through us, except for Storefront and Order Easy platforms, but we strongly PREFER that you do. Hosting comes with domain-based emails, bandwidth, storage space, database and security tools, and other features. Projects that involve custom programming must be hosted with Warp Development (Pty) Ltd to ensure the programs that we write will work. If you want to host your site on another server this must be disclosed before we begin programming.

  3. Hosting Renewal Payment Obligations: Your hosting account will be automatically renewed under the same time and fee structure unless you give written notice to Warp Development fifteen (15) days before the renewal date that you do not wish to renew the account.

  4. Hosting Cancellation Payment Obligations: You may cancel at anytime. All cancellations must be received in writing with thirty (30) days calendar month notice & according to the deadlines indicated: regular e-mail is acceptable. Phone requests will not constitute acceptance of any cancellation. 

  5. Sites NOT Hosted by Warp Development: Should client decide to host their site on another server, Warp Development cannot guarantee that all elements of the site will work. Warp Development will make a reasonable effort to research the problem on the foreign platform to let the client know what we think the problem is. However, we cannot take responsibility for problems caused by or on another hosting server, including but not limited to email, FTP, SSL, database, server software, and site security issues. If Warp Development believes it will take a significant amount of time to fix the problem, we will advise the client before proceeding. In most cases, fixing problems on a foreign hosting server is billable.

  6. Malicious Use: Warp Development’s policy forbids the forwarding of traffic to URLs containing any form of malicious advertising, illegal content, fraud, or socially unacceptable content. This includes, but is not limited to,

7. Additional Expenses

Client agrees to reimburse Warp Development (Pty) Ltd for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc. 

Any out of scope work is subject to additional charges, for which  a quote will be provided to client prior to commencing the additional development requests and as per our rate card.

8. Web Browsers

Warp Development (Pty) Ltd makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Google Chrome, Firefox, Microsoft Edge, Safari, etc.). Client agrees that Warp Development (Pty) Ltd cannot guarantee correct functionality with all browser software across different operating systems.

Warp Development (Pty) Ltd cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Warp Development (Pty) Ltd reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

9. Termination

Termination of services by the Client must be requested in an email notice and will be effective on receipt of such notice. Telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design and development work completed to the date of first notice of cancellation for payment in full within thirty (30) days calendar notice or as per Service Level Agreement or existing contract.

10. Indemnity

All Warp Development (Pty) Ltd services may be used for lawful purposes only. You agree to indemnify and hold Warp Development (Pty) Ltd harmless from any claims resulting from your use of our service that damages you or any other party.

11. Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Warp Development (Pty) Ltd the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Warp Development (Pty) Ltd permission and rights for use of the same and agrees to indemnify and hold harmless Warp Development (Pty) Ltd from any and all claims resulting from the Client's negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Warp Development (Pty) Ltd that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

12. Standard Media Delivery

Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (files delivered via e-mail or FTP) and that all creatives and other graphics will be provided electronically in .gif, .jpeg, .png or .ai format.

13. Design and Design Credit

A design deposit is required before the start of the project. The Remaining is payable prior to delivery. Once research, resources allocated or design work has commenced on a project, this deposit is non-refundable. In the case of a change of mind by client this deposit is non-refundable. Warp Development endeavours to provide design services that meet and exceed a client's needs and expectations, but in the event of a "change of mind" (after a project has commenced) by client the initial 50% deposit is forfeited plus a pro rata payment based upon the time spent and our current rate card.

A link to Warp Development will appear in small type at the bottom of the Client's website. The Client also agrees that the website developed for the Client may be presented in Warp Development’s portfolio unless otherwise specified.

14. Access Requirements

If the Client's website is to be installed on a third-party server, Warp Development (Pty) Ltd must be granted temporary read/write access to the Client's storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.

15. Post-Placement Alterations

Warp Development (Pty) Ltd cannot accept responsibility for any alterations caused by a third party occurring to the Client's pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.

16. Domain Names

Warp Development (Pty) Ltd may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Warp Development (Pty) Ltd. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

17.Third-Party Services

The Client acknowledges that for Warp Development (Pty) Ltd to perform the Consulting Services, they may need to obtain or use additional third-party services, software or products (“Third Party Services”).

Warp Development (Pty) Ltd may use certain Third-Party Services, from time to time with the accompanying software development. To the extent that Warp Development (Pty) Ltd contains or provides access to any third-party software or services, Warp has no express or implied obligation to provide any technical or other support for such software or services. Please contact the appropriate software vendor, manufacturer, or service provider directly for technical support and customer service related to its software, service and/ or products.

  1. Third-Party Services are licensed solely for use as embedded or integrated with products.

  2. Warp Development (Pty) Ltd will indicate in service level agreements (SLA) or communicate when Third Party Services are used in the software development lifecycle. In such instances Warp Development (Pty) Ltd provides the service to connect the Third-Party and the Client. Warp Development (Pty) Ltd may assist as the reseller or buyer of such products, unless otherwise specified.

  3. In other instances, the purchase of the Third-Party Service may be the responsibility of the Client.

  4. The Third-Party is solely responsible for the fulfilment and delivery of the service and is not responsible for a Third-Party’s service availability.

  5. Because Warp Development (Pty) Ltd wants our clients to have a good, safe, and consistent experience with the Third-Party, we often become involved in an attempt to resolve any issues. However, Warp Development (Pty) Ltd is not obliged to do so, and any disputes must be resolved between the Client and the relevant Third-Party Seller. All third-party support is billable as per our hourly support rate.

18. General

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client's signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions. Payment online is an acceptance of our terms and conditions.

19. Governing Law

This Agreement shall be governed by South African and Canadian Law.

20. Liability

Warp Development (Pty) Ltd hereby excludes itself, its Employees and or Agents from all and any liability from:

  • Loss or damage caused by any inaccuracy;
  • Loss or damage caused by omission;
  • Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the web site;
  • Loss or damage to clients' artwork/photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.

The entire liability of Warp Development (Pty) Ltd to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.