Terms & Conditions
Agreement between Website User and The Marketing House
The Marketing House website is comprised of various web pages operated by The Marketing House. This website is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of this website and any services resulting from your use of this website constitutes your agreement to all such terms, conditions and notices.
Disclaimer for Website Content
All web content is provided by the web owner . The Marketing House cannot be held responsible for incorrect or offensive material on any of our hosted websites. We are also not responsible for the actions of any of our clients through use of their hosted services with The Marketing House.
Websites are designed in the following phases:
PHASE 1: WordPress Theme is chosen by client – website is deigned according to clients brief on this theme and is sent to the client as a test website. Once a 50% deposit has been received. This is the designer’s depiction of the website and proposal on how the site should look. The design is based on the theme, around the colours and look & feel of the logo and content which the client provides. We can also source imagery for the client, which will be based on the type of business of the client. After receipt of the proposed test site, the client can suggest two sets of changes to the site. More than two sets of changes will be charged at our hourly rate. The test site will be a working live test version of the new site.
PHASE 2: Upon approval of the full test site, the client is provided with an invoice for balance of payment. Upon receipt, the site is uploaded to the clients domain. At this stage, it is assumed that the client has tested the site in its entirety and has ironed out any discrepancies or errors. Once the site is live, any additional changes / corrections requested will be treated as a new project and will be charged for accordingly. A website-sign off form will be signed by the client at this stage
The Marketing House does not offer website hosting. Clients are to arrange their own hosting and our provide The Marketing House (TMH) with FTP access to enable TMH to upload the test site to live. The clients host is to confirm that WordPress can be loaded onto the clients domain – this is a pre-requisite to TMH building the clients website. All risk and responsibility rests with the client.
Domain Registrations and Transfers
The Marketing House does not become involved in nor arrange domain registrations nor transfer.
Right of Refusal
The Marketing House reserves the right to refuse to engage in business with clients requesting websites with any of the following: Adult material – includes all pornography, erotic images, or otherwise lewd or obscene content, or content of any offensive or discriminative nature whatsoever. Refusal of service based on content matching any of the above criteria is entirely at the discretion of The Marketing House. Should this not be adhered to, The Marketing House reserves the right to remove your data with no previous notice.
The Marketing House operates on a deposit and balance payable model for all design and strategy services, and on an upfront basis for all web hosting services. Please note that any design payment made upfront is non refundable when design work has begun on a project. Only upon receipt of a deposit will a file be opened for the services requested. At this point, the deposit payment is no longer refundable. Upon completion of the project, the files will only be handed over, or website made live, upon receipt of the full balance outstanding. All our services quoted are done so on an exclusive-of-VAT basis unless otherwise specified. All quotes provided are also done so on the basis of the client providing the content and any photo images, unless otherwise specified.
We include in all our quotes an optional charge for Search Engine Optimisation basics. For this fee, we ensure that our code is optimized for search engines. We will also offer a premium SEO service which creates a more solid SEO foundation and includes Google Webmaster Tool work. The Marketing House however does not guarantee any ranking on any search engine as this is beyond our control.
The Marketing House Graphic design includes logos, brochures, flyers, adverts, signage, stationery and any other matter required for print or email distribution. For our logo design, we will provide 3 initial options as per clients brief. The clients will choose the most appropriate option and is given 2 change requests on that chosen option. If the client is still not satisfied, we will then do any further design work at our current hourly rate. For all other graphic design, the same principle applies, however only one draft is initially created as per clients brief, and thereafter the client is given 2 change requests on that draft. Any change requests thereafter will be done at our current hourly rate.
Cancellation of services
The Marketing House reserves the right to cancel a client’s hosting services at any stage for any breach of contract. The design payment made upfront for new website projects is non refundable. Furthermore the refund also excludes the purchase of any items for which a refund cannot be provided, such as domain name registrations. The Marketing House will give the client 30 days to find another suitable hosting company for their site. After the 30 day notice period, the client’s website, email and other hosted services will be deleted from our servers.
Resellers of our services
Design companies and individuals may resell our services and we will contact only the reseller for hosting renewal and/or other notifications. However, if we are unable to contact the reseller for one of their client’s hosting renewals, we will be forced to contact the client directly to give them the option of renewing their hosting directly with us. It is therefore up to the reseller to keep us informed of address / contact information changes. Should a reseller’s client contact us directly at any time and possibly request our pricing, we will have no option but to divulge our pricing and service information directly to the client as this is evident on our website. It is thus up to the reseller to be transparent with their client. The Marketing House are in no way responsible for any possible financial or other losses incurred by a reseller should a client contact us directly.
Use of Site
Users may only use this site to browse the content and make legitimate enquiries or purchases, or download free How To guides as offered. Users shall not use this site for any other purposes. This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. ‘Deep-linking’ or ’embedding’ is strictly prohibited. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws. Should you wish to add a link to our site from your site, please obtain the express permission of The Marketing House prior to doing so.
Disclaimer of Warranty
The contents of this site are provided “as is” without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement. The owner of this site, the authors of these contents and in general anybody connected to this site in any way, from now on collectively called “Providers”, assume no responsibility for errors or omissions in these contents. The Providers shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including, without limitation – data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if the Providers have been informed of the possibilities of such damages.
This website may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of The Marketing House and are thus not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Marketing House is not responsible for webcasting or any other form of transmission received from any Linked Site. The Marketing House is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Marketing House of the site or any association with its operators.
Use of Communication Services
The Marketing House website or any blog owned by the company may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
The Marketing House has no obligation to monitor the Communication Services. However we reserve the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Marketing House reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.The Marketing House reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in The Marketing House’s sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Terms & Conditions
These Terms & Conditions are subject to change without notice. It is the client’s responsibility to check this page on a regular basis for updates. Your continued use of the Website (or any part thereof) and of our services following such change shall be deemed to be your acceptance of such change. We reserve the right to take appropriate action as written into law for the breach of any of these terms and conditions. Please refer back to these terms and conditions regularly. The Conditions contained herein will be exclusively governed by and construed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions