Terms and Conditions

Terms and Conditions of Sale

  1. General
    1. Our website services do not include content creation. BrandRank can assist with content creation at an additional cost.
    2. Legal and collection fees are for the Client’s account.
    3. BrandRank is not responsible for any of the Client’s data or infrastructure including computers and internet connections. All content is to be provided by the Client before the web design can commence.
    4. Once a website has been built the Client has one round of revisions to make final adjustments. Additional revisions after the first revision will be charged as service requests per page.
    5. The customer takes responsibility for the content on their website.
    6. Should the Customer decide to terminate the website maintenance contract, once the contract is complete, but continue to use the website hosting services, the Customer will be billing for hosting at the normal website hosting rate. Backups are stored for 30 days after termination.
    7. The Client commits to supply all content for website and graphic design to BrandRank within 14 days of the initial or deposit invoice, unless otherwise agreed.
    8. Copyright on final design are owned by the Client once final payment has been received. Any stock photos used during any production will remain the property of BrandRank.
    9. It is the Client’s responsibility to register any required copyrights or trademarks.
    10. Websites are tested on Different screen sizes and on the following browsers: Google Chrome and Microsoft Edge.
    11. The entire risk as to the quality and performance of websites, graphics, paid advertising and photos provided by BrandRank is with the Client. In no event, will BrandRank be liable to the Client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the reproduction of, or appearance of the websites, graphics, paid advertising and photos, even if BrandRank has been advised of the possibility of
    12. such damages.
    13. Stock images, footage and music remain the property of BrandRank as per license agreements with suppliers
    14. BrandRank outsources printing and charges a handling fee of 15% on any printing quotations. Printed work can be collected from our office or we can deliver to the Client’s location. Addition charges will be levied for physical delivery of any printed works.
    15. BrandRank offer no guarantees on performance or results of any works delivered.
    16. BrandRank will not disclose to any third parties or make use of information communicated to them in confidence by the Client.
    17. Orders and agreements are subject to the laws of South Africa.
    18. BrandRank, for the purposes of marketing, will add a ‘Built by BrandRank’ or a “Built and Managed by BrandRank’ link in the footer of the website. The 50% discount for this link has already been applied to the quoted prices and pricing on the website.
  1. Managed Websites
    1. 12-month contracts apply to all managed website packages unless a once off website is purchased.
    2. All content to be provided by the Client
    3. Domain registered only after first payment received.
    4. Invoices to be paid within 7 days of invoice date.
    5. Unpaid invoices for more than 30 days will result in suspension of service.
    6. Suspended services will still be invoiced while suspended.
    7. Hosting and domain services are provided free with our managed websites. There is no discount for using your own hosting provider.
  1. Once-Off – Websites
    1. No automatic backups are kept. The facility to create backups is available in the website control panel.
    2. Setup fees and the first month hosting is included in the design price.
    3. The design fee is to be paid upfront and is non-refundable once design has started.
    4. The Client is responsible to regularly log into their website and update for security purposes.
    5. A 50% deposit is required for once-off websites. No work will be started prior to receiving the deposit payment.
  1. Domains & Hosting
    1. No contracts on hosting only accounts (30 day written notice is required).
    2. Domains are registered to BrandRank but ownership remains with the Client.
    3. No transfer of free domains is permitted on the first 3 months.
    4. A R500 fee is charged for a website backup for transfer to another provider.
    5. Hosting is not to be used for any fraudulent or illegal activities
  1. Content Description and Limitations
    1. The Pages and blog posts are limited to 5 images and 1000 words of text and must include a relevant page title.
    2. Products (for e-commerce or catalogues) are limited to 2 images and must include all information related to the product including a description
    3. Image only gallery updates are limited to 10 images per service request.
    4. Additional charges will apply should more information be required to be added.
  1. Communications
    1. Our preferred method of communication is email or telephone to ensure that BrandRank can continue to offer low prices.
    2. Should a Client require a meeting, this will be charged at an additional rate of R350 per hour.
    3. Should the Client require a meeting away from the BrandRank offices, travel costs at AA rates will apply.
  1. Email Management
    1. The storage space for emails forms a part of the total hosting storage.
    2. BrandRank is not responsible for setting up email accounts or any IT work on Client’s computers. BrandRank are happy to assist at our normal callout rate if required.
    3. Clients are required to manage their email accounts so that their mailboxes do not become full. Full mailboxes will result in emails no longer being delivered.
    4. Not more than 100 emails are to be sent per hour.
    5. If more than 5 mails are sent to addresses that do not exist in an hour you may not be able to send email for a short while.
    6. Spamming and send phishing or any other fraudulent or illegal emails is not permitted.
  1. Prices
    1. Although we endeavour to maintain low costs, some of the services that we use are based off shore. These costs can be affected by exchange rates and may result in unplanned price increases in extreme cases.
    2. Any price increases will not affect existing contracts.
  1. Service Requests – Websites
    1. Service requests are requests, made by our Clients, to make changes or add content to their websites.
    2. Service requests are subject to the same conditions as detailed in “5. Content Description and Limitations”.
    3. Certain managed website packages include service requests.
    4. Managed package Clients receive a discounted rate for additional service requests.
    5. Service requests on managed websites are not carried over to the following month and may not be accumulated or used in advance.
    6. Service requests do not cover major website redesigns.
  1. Payments
    1. Once the order has been placed by the Client, an invoice will be sent to the Client.
    2. Setup and design will only begin once the initial payment has been received.
    3. Managed website invoices are sent out monthly on the same day of the month as the order.
    4. All deposits and subscription payments are to be paid in advance and are non-refundable. Payments are due 7 days from invoicing.
    5. Payments can be made via EFT, Cash or Cheque. Cash payments should be delivered to our office rather than banking it to avoid cash deposit fees.
    6. BrandRank reserves the right to employ a debt collection service to recover outstanding amounts due.
    7. A credit check may be required. Legal and collection fees are for the client’s account.
  1. Termination – Managed Websites & Hosting
    1. The Client has the right to terminate any contract if BrandRank fails to deliver on services within acceptable timeframes.
    2. Cancellation of hosting services requires a 30 notice.
    3. Hosting services that have received a free domain may not cancel within the first 3 months.
    4. Managed website packages receiving a free website are subject to a 12-month contract. Early cancellation of contracts or non-payment for 90 days will result in the balance of the full contract value becoming immediately due, and the website or hosting being suspended or deleted.
    5. Events beyond the control of BrandRank such as: fire, theft, computer failure, and Acts of God, or Illness and injury may result in delays for which BrandRank cannot be held accountable.
  1. Graphic Design, Print Design and Motion Graphics
    1. A 50% deposit is required on orders over R1000
    2. Within 7 business days of receiving your company information and deposit, we will create up to two different concept designs. One concept for motion graphics.
    3. Up to 2 revision rounds are included in the quoted price.
    4. Additional revisions will be charged at our standard hourly rate.
    5. Final designs are supplied in .jpg and .pdf formats and delivered by email or cloud storage. Very large fi les will be delivered on disk.
    6. Final designs will only be delivered once the final payment has been received.
    7. Final designs are the property of BrandRank until final payment is received.
    8. The Client has the right to terminate this Agreement if, BrandRank fails to complete the design within 60 days of deposit payment and content delivery. If the agreement is terminated for any reason other than failure to deliver within 60 days, BrandRank will retain any deposit otherwise the deposit will be refunded.
  1. Photography
    1. Final photos are supplied in .jpg and .pdf formats and delivered on disk.
    2. Supply of RAW fi les is not included but can be purchased for an additional fee.
    3. The Client owns the copyright to all digitally once payment has been received.
    4. The Client gives an unconditional license to BrandRank to use original, edited and/or modified photos for marketing purposes.
    5. The client has no right to reject photos on the basis of style, composition or editing.
    6. A cancellation fee of 50% of the value of the order is payable if cancelled within 3 working days before the photo shoot.
  1. Paid Advertising
    1. Contracts are for a minimum of 3 months
    2. Payment including advertising budget and management fee is billed in advance
    3. Outstanding amounts become due within 7 working days of cancellation.
    4. 5-7 working days should be allowed for account setup.
    5. Although we design campaigns as per the client’s requirements, no guarantees are offered on the performance or results of any advertising campaign.