The terms and conditions stated in this website apply to all Koca Bean Clients unless agreed in writing to the contrary. No other contract terms and conditions shall apply unless specifically agreed in writing between Koca Bean and the Client.
In the event of any ambiguity between these terms and conditions and any terms agreed in writing between Koca Bean and the Client then the terms and conditions hereunder will apply. Please note that these Terms and Conditions are subject to updates. As and when these occur you will be notified where you can download an updated version.
TABLE OF CONTENTS
ESTIMATES
INVOICING & PAYMENT TERMS
PROJECT TERMS
ONGOING MAINTENANCE AND SUPPORT
TERMINATION OF SERVICE
3RD PARTY SERVICES
WEBSITE DEVELOPMENT AND DESIGN TERMS AND CONDITIONS
SEO TERMS AND CONDITIONS
EMAIL MARKETING TERMS AND CONDITIONS
CONTENT MARKETING TERMS AND CONDITIONS
HOSTING TERMS AND CONDITIONS
GENERAL SERVICE DISCLAIMERS
COPYRIGHT
BREACH
TRANSFER SUBSCRIPTION SERVICES
WHAT CAN BE EXPECTED OF US
WHAT WE EXPECT OF OUR CLIENTS
IMPROVING OUR SERVICES
ESTIMATES
1.1 Koca Bean may provide Clients with initial estimates, otherwise referred to as quotations, for projects on request. The final project value may vary from the initial quotation if additions are requested to the original scope of work. NO HIDDEN
FEES!
1.2 Koca Bean will provide quotations in writing by email to Clients, which will include a hyperlink to these Terms and Conditions. Acceptance by a Client of a Koca Bean estimate is subject to acceptance of the terms and conditions unless specifically agreed in writing between the Client and KocaBean to the contrary.
INVOICING & PAYMENT TERMS
2.1 Koca Bean standard payment terms are 7 days from the date of invoice.
2.2 New projects (Not including VALID DEALS & Specials ) require a minimum of 50% upfront payment for the commencement of a project, 30% once the development is complete and a final payment before the project is made live.
2.3 Monthly or retainer invoices will be invoiced by the 2nd of the month and needs to be paid within seven business days thereafter. Late payment will result in interest being charged to the account and a suspension of retainer services.
2.4 If the website development cost has been broken up into a payment plan, Koca Bean will remain the owner of the website until the design and development work has been paid in full as per the initial quotation.
2.5 Koca Bean reserves the right to increase its pricing in line with the official annual inflation rate each year, which is obtained from Statistic South Africa’s latest available Consumer Price Index (CPI) Headline Report.
PROJECT TERMS
3.1 Unless expressly agreed in writing to the contrary Koca Bean will not accept liability to the Client for unforeseen delays in completing a project.
3.2 If there is a delay in the completion of a project, Koca Bean will communicate such delays to the Client in writing via email.
3.3 All website or online marketing tactic setup content needs to be provided by the client within 2 weeks of a deposit being paid to commence a project.
3.4 All Graphic design content needs to be provided within 1 week of a deposit being paid to commence a project.
3.5 The client is required to provide Koca Bean with all the content required for a project within the period detailed above. Should the client delay issuing Koca Bean with the content required for the project, Koca Bean reserves the right to renegotiate the cost of the project as well as the expected completion date. In such instances, Koca Bean will request any outstanding payments to be settled before the continuation of the project.
ONGOING MAINTENANCE AND SUPPORT
4.1 Fixes for newly built websites need to be identified within 14 days of going live. If fixes are identified after this period and the client is not on a Maintenance agreement then a quotation will be issued to commence such fixes.
4.2 Koca Bean cannot future-proof its services or products. Once a client has signed off on a project the responsibility to maintain and update plugins and themes used on the website becomes the client’s responsibility unless a maintenance agreement has been signed with Koca Bean which covers such incidents.
4.3 Maintenance does not mean “eyes on the website” all the time and issues on the website still need to be reported to the Koca Bean account manager.
4.4 Development faults with plugins or themes used on a website built by Koca Bean are not covered by a maintenance agreement and will be quoted separately as in most cases the original software developer will need to be involved.
4.5 Similarly, hosting and website faults remain the responsibility of the hosting provider and do not fall under any maintenance agreement.
4.6 A Koca Bean account manager can be present to consult at external meetings if required, however, such meetings need to be arranged in advance, and unless prior arrangements have been made such consultations will be limited to one meeting per month of a maximum duration of 1 hour. Consultations will be charged at our standard consulting rate.
TERMINATION OF SERVICE
5.1 Cancellation of any products or services may be made at any time by providing KocaBean with a cancellation request 1 calendar month in advance, in writing.
5.2 In the event of cancellation of the agreement before the completion of the cancellation period, KocaBean reserves the right to pursue any of the following: (1) remove equipment, software, services, or resources owned by the Company, (2) bring legal action against the Client for contractual breach or (3) remove any created websites, graphics, content, links, advertising, and accounts.
3RD PARTY SERVICES
6.1 KocaBean will offer to Clients third-party services such as those offered by Google to enhance the performance of their websites. KocaBean may include in quotations the setup and maintenance of such third party services.
KocaBean will not be liable to the Client for any interruption, non-performance, or cancellation of the provision by third parties of any such services.
WEBSITE DEVELOPMENT AND DESIGN TERMS AND CONDITIONS
7.1 All website content needs to be provided by the client within 2 weeks of payment of a deposit to commence a project. Should the client delay issuing KocaBean the content required for the project, KocaBean reserves the right to renegotiate the cost of the project as well as the expected completion date. In such instances, KocaBean will request any outstanding payments to be settled before the continuation of the project.
7.2 CMS websites require updates to plugins and themes. If the client has not opted for monthly maintenance, such updates and the cost thereof, remain the responsibility of the client. However, plugins and themes may be quoted separately if required.
7.3 Additional pages, images, and revisions on projects above the scope of work agreed above will attract additional charges.
7.4 All E-commerce websites will come with Flat Rate shipping. It is the client’s responsibility to negotiate shipping costs with his/her preferred supplier and to provide KocaBean with specified flat rates. Alternative Shipping Plugin purchase and configuration fall out of the scope of work unless specifically quoted for.
7.5 All e-commerce websites will have Payfast and EFT payment as the default payment options. It remains the responsibility of the client to sign up with Payfast and to provide us with their login details.
7.6 The client agrees that all content provided by the client including articles, website wording, graphics, and videos are owned by the client and free of any copyright infringement.
7.7 Landing pages, unless otherwise stated are created using a specific Landing page platform. If you want a copy of this page we can provide it, but it will only be reactivated using a version of the same platform, as the code is customized for use on this platform.
7.8 Viruses & Outdated Websites, KocaBean makes every effort to take security precautions on our Clients' websites, this includes the relevant security plugins which keep its servers secure, wherever possible. However, we cannot guarantee the prevention of hacks, viruses, or unexpected data deletion and cannot be held liable for any such damages as a result.
KocaBean cannot be responsible for any websites that have stopped working or have become faulty over time due to the website becoming “outdated”. Outdated websites can be affected due to many aspects, such as new browser software, outdated web code, etc. KocaBean cannot be expected to keep your website updated in every aspect without being compensated to do so. In this situation, the Client may opt to have their website redeveloped or select one of our subscription-based website packages where KocaBean is responsible for updating this on your website at all times.
SEO TERMS AND CONDITIONS
8.1 KocaBean accepts no responsibility nor liability to the Client for the actual rankings achieved or how such rankings may vary over time. Search engines are known to change their algorithms and as such rankings and traffic may fluctuate.
EMAIL MARKETING TERMS AND CONDITIONS
9.1 KocaBean will set up the Client’s email with email service providers and charge a fixed amount for doing this.
9.2 Payment of Monthly charges based on subscribers will remain the responsibility of the client.
9.3 KocaBean will not be liable for any purchased, rented, or third-party lists of email addresses that were/are purchased/provided by the client for a newsletter or email distribution.
9.4 KocaBean will not be held liable for any penalties placed upon the client by the email service provider as a result of purchased, rented, or third-party lists of email addresses or spam content used in newsletters.
CONTENT MARKETING TERMS AND CONDITIONS
10.1 The Client’s account manager will post content based on the client’s: Target Market, Products, and Industry, but occasionally content might be relevant to General Internet Trends or Holidays. The Client is responsible for setting content guidelines with the Account Manager, these guidelines can be in the form of a list of approved: websites, newsletters, and RSS feeds which the Account Manager can derive content from.
10.2 The Account Manager cannot take responsibility for the sharing of, nor comments made in response to content posted on the page, as this is the nature of social media interactions. An Escalation process will be followed with feedback on the social media sites, but in no way will any actions be taken in response to these contradicting the objective of company transparency.
10.3 Unless otherwise agreed the content for newsletters will be provided by the client, although the account manager may give some suggestions for content going forward.
10.4 The client agrees that all content provided by the client including articles, website wording, graphics, and videos are owned by the client and free of any copyright infringement.
HOSTING TERMS AND CONDITIONS
11.1 KocaBean will invoice for hosting and domain renewals on an annual basis. This is only applicable for websites hosted and maintained by KocaBean
11.2 KocaBean will use its best endeavours to rectify the cause of any disruption in the hosting service of a Client’s website(s) and to minimize the duration of any such instances. This is only applicable to websites hosted and maintained by KocaBean.
11.3 KocaBean will not be liable to the Client for any compensation in respect of any downtime that may occur with the hosting of their website(s).
11.4 Only If website maintenance is selected and paid for every month, will KocaBean keep a backup of all Client website files.
11.5 If a Client wishes to move their website to another web server supported by another party, then KocaBean will cooperate fully, subject to all outstanding amounts being paid up in full, in some instances a transfer fee will be applicable.
11.6 KocaBean will troubleshoot any problems reported by the Client with their email. If the problem is due to an omission by KocaBean then no charge will be made to the Client. If the problem is not due to an omission by KocaBean then the Client will be charged
11.7 Login details and passwords need to be kept confidential and secure. KocaBean will not be held accountable for email account/website hacks. We do not keep passwords on record and will subject any password request to security measures deemed sufficient to legitimize the request
GENERAL SERVICE DISCLAIMERS
The Client acknowledges the following concerning services:
12.1 KocaBean accepts no responsibility for policies of Google, third-party search engines, directories, or other websites (“Third-Party Resources”) that the Client may submit to concerning the classification or type of content it accepts, whether now or in the future. The Client’s website or content may be excluded or banned from any Third-Party Resource at any time and the Client agrees not to hold KocaBean responsible for any liability or actions taken by Third-Party Resources under this Agreement.
12.2 The Client furthermore acknowledges that the nature of many of the resources the KocaBean may employ under this Agreement are competitive, therefore KocaBean does not guarantee top rankings, consistent positioning or specific performance of any strategies employed and the Client accepts that the KocaBean past performance is not indicative of any future results the Client may experience.
12.3 The Client recognizes that SEO and submissions to search engines and directories can take an indefinite amount of time for acceptance or inclusion and that internet advertising may be subject to the individual advertising network’s policies and procedures.
12.4 The Client accepts that Google AdWords, search engines, directories or other resources may block, prevent or otherwise stop accepting submissions for an indefinite period.
12.5 The Client acknowledges that search engines may drop listings from its database for no apparent or predictable reason. The Company shall re-submit resources to the search engine based on the current policies of the search engine in question.
12.6 KocaBean will endeavour to make every effort to keep the Client informed of any changes that KocaBean is made aware of that impact any of the campaigns and strategies and the execution thereof under this Agreement. The Client also acknowledges that KocaBean may not become aware of changes to third-party resources, industry changes, or any other changes that may or may not affect campaigns or services.
12.7 KocaBean, for the duration of this agreement, may develop design strategies and codes, which, in KocaBean opinion improve the Client’s website. KocaBean and the Client will review these suggestions together and once the mutual agreement is reached activate these changes. If the Client decides to make any material changes to the website, the Client will consult with KocaBean before implementing these changes, to make sure that they do not conflict with KocaBean marketing strategy.
12.8 Third-Party Resources, particularly Facebook, change their layout and can very often affect any business page installations and applications. The Company will not be held liable for these changes and, should work need to be done to rectify, then a new “quote” would need to be drawn up.
12.9 KocaBean and its subcontractors retain the right to display all designs as examples of their work in their respective portfolios.
COPYRIGHT
13.1 The source code of all website web pages remains the intellectual property of KocaBean until payment is made in full by the client and may not be copied and used by any other party without the consent of KocaBean
13.2 All scripts, CSS and include files used within Client websites, remain the intellectual property of KocaBean until payment is made in full by the client and may not be copied and used by any other party without the written consent of KocaBean
13.3 The stored procedures, functions, and triggers programmed into SQL Databases remain the intellectual property of KocaBean until payment is made in full by the client and may not be copied and used by any other party without the consent of KocaBean.
13.4 All Client logo images, images unique to the Client, i.e. of their premises, workforce, and their business, plus all written copy, belong to the Client and are covered under their copyright. KocaBean will not reuse the Client’s written content or images without the express permission of the Client.
13.5 KocaBean will not be liable for any copyright infringements committed by the Client about the content provided for marketing materials. The Client hereby agrees that all content submitted to KocaBean is original content and not copied off other websites as copying content of other online assets will directly impact KocaBean ability to run an effective marketing strategy for the Client.
13.6 The Client and the Company acknowledge and agree that the Specifications and all other documents and information related to the development of the KocaBean Campaign (the “Confidential Information”) will constitute valuable trade secrets of the Company. The Client shall keep the Confidential Information in confidence and shall not, at any time during or after the term of this Agreement, without the Company’s prior written consent, disclose, or otherwise make available to anyone, either directly or indirectly, all or any part of the Confidential Information.
BREACH
14.1 If the Client does not pay an invoice within the time frame allocated in the invoice, then KocaBean has the right to suspend all further works for that Client until payment is made in full.
14.2 If the Client does not pay a hosting subscription invoice within 30 days of the due date, i.e. 44 days after the invoice date, then KocaBean reserves the right to turn off any website hosting until the invoice is paid in full.
14.3 If the Client becomes insolvent or goes into liquidation KocaBean has the right to immediately terminate their contract with the Client and invoice for the full value of project works carried out to that date, plus suspend any email or hosting services.
14.4 If a Client delays the progress of a project with KocaBean then KocaBean will be entitled to give 14 days’ written notice to the Client. If the Client does not satisfactorily remedy the cause(s) of the delay, within the 14-day notice period, then KocaBean will have the right to terminate the service. KocaBean will invoice the Client for the full value of works carried out to date.
14.5 In the event the Client fails to make any of the payments referenced in the deadline set forth, KocaBean has the right, but is not obliged, to pursue any or all of the following remedies: (1) terminate the Agreement, (2) remove equipment, software, services or resources owned by the Company or (3) bring legal action.
14.6 (Subscription Service ) Should payment not be received within 60days of non-payments Kocabean reserves the right to Auction Off the website and Domain to cover outstanding expenses
TRANSFER SUBSCRIPTION SERVICES
16.1 Should a client wish to transfer their website Subscription service away from KocaBean Full Payment for the Subscription Service must be Paid
16.2 The payment can be calculated by taking the monthly payment multiplied by 12 months divided by 50%
Please contact the accounts team for your exact transfer fee ( accounts@kocabean.co.za )
WHAT CAN BE EXPECTED OF US
16.1 We aim to achieve the highest level of client satisfaction and for our clients to have absolute faith in our standard of work and the professional manner in which we conduct business. We will: be friendly, courteous, and helpful when contacted
make every effort to explain things clearly and in terms you can understand, keeping jargon to a minimum
agree with you about the type of service you can expect to receive
respond to your phone calls, emails, and letters promptly
treat all clients fairly
confidentiality
WHAT WE EXPECT OF OUR CLIENTS
17.1 We expect you to: provide any information that has been requested within the agreed timescales
And pay all invoices within the payment terms defined in our agreement
let us know in advance if you are unable to do this, or if your circumstances change
IMPROVING OUR SERVICES
18.1 We are keen to improve our high level of Client service and welcome any comments that you have, either complimentary or critical. If a project has not met its targets we would appreciate your feedback about what we can do to avoid the situation in the future. We want our clients to be 100% happy with the service they receive.