The following Terms & Conditions are a legal and binding document, applicable to all products and/or services undertaken by Brunel Studios, for and on behalf of any Client(s) who have duly signed or electronically approved Brunel Studios’s quotation(s) for any such products and/or services, and therefore authorised Brunel Studios to render the aforementioned products and deliver said services.
Terms and Conditions:
1. Project Specifications.
1.1. The Client must supply the Project Specifications to Brunel Studios in order for Brunel Studios to issue an accurate and binding quotation.
1.2. If the Client requires further assistance with creating Project Specifications, Brunel Studios is willing to assist the Client. This time may be billed to the Client at the discretion of Brunel Studios.
1.3. Any Additional Work (Terms and Conditions 19.) must be supplied as additional Project Specifications.
2.1. Quotations are valid for 10 (ten) calendar days from the documented date on the Quotation.
2.2. Quotations do not include domain name registration or hosting fees unless otherwise specified.
3.1. Upon a Client signing or electronically approving the Quotation from Brunel Studios, the Client acknowledges that they have read and accepted these Terms and Conditions.
4.1. The Client acknowledges acceptance of the Quotation and these Terms and Conditions by paying the total quoted value to Brunel Studios stipulated bank and account details as provided unless a deposit amount is agreed by both parties in writing.
4.2. Products and/or services as described in the Quotation will only commence, once the Client’s payment or deposit has been confirmed as received by Brunel Studios, which will be reciprocated with a Statement allocating Payment to said Invoice, to the Client, when said funds are confirmed by Brunel Studios.
4.3 Brunel Studios commits to work expeditiously to complete the quoted products and/or services within the Project Specifications and time-frames indicated as per the Quotation(s).
4.4. In order to deliver these products and/or services within the projected time-frames, the Client’s co-operation is paramount.
4.5. Brunel Studios cannot be held responsible for delays outside of their control, including but not limited to equipment failure, Third Party Hosting Services, and internet connections.
4.6. Brunel Studios endeavours to make websites that perform well in current major browsers, but cannot guarantee backward compatibility (i.e. functionality on older devices and software).
5.1. Deposit(s), when agreed by both parties, are non-refundable.
6. Required Documentation.
6.1. Required documentation refers to any and all information necessary for the timeous commencement and delivery of products and/or services as described in these Terms and Conditions and indicated by the Project Specifications.
6.2. The Client is to provide all Required Documentation electronically to Brunel Studios within 10 (ten) calendar days after the Invoice date confirming the received deposit, to initiate work on aforementioned quoted products and/or services, unless they are to be created as part of the project.
6.3. The Client’s quoted and accepted products and/or services will only be queued and allocated accordingly, after compliance with Terms & Conditions
6.4. If the Client does not supply Brunel Studios with the Required Documentation within 20 (twenty) calendar days from Invoice date, the entire amount of the Agreement becomes due and payable, should the Client choose to continue the Agreement with Brunel Studios.
6.5. If the Client still has not submitted or provided all the Required Documentation within 30 (thirty) calendar days from Invoice date, an additional continuation fee of 15% of the total Quotation(s) will be billed for each month until the quoted products and/or services are completed.
7.1. The Client has to ensure they have the Copyright for all material supplied.
7.2. Brunel Studios, employees, independent contractors, affiliates, agents, agencies or any associates involved in a Client’s products and/or services, will not be liable or held responsible for any Copyright disputes.
7.3 If and when Brunel Studios is informed that material was provided without the required Copyright, illegal content will be removed immediately and the Client will be billed with the cost thereof.
7.4. Brunel Studios does not take any responsibility for any and all content supplied from the Client without proper Copyright whatsoever.
8. Written Content and Fonts.
8.1. Unless otherwise specified in the Quotation, the Client shall supply all content wording to be published in accordance with the specified products and/or services.
8.2. Written Content must be supplied by the Client in formatted text (as the Client specifies it to appear), unless otherwise agreed to by Brunel Studios to design the layout thereof.
8.3. All fonts for Written Content shall be indicated by the Client in the Project Specifications.
9. Graphic Images.
9.1. Unless otherwise specified in the Quotation, the Client shall supply all Graphic Images to be published in accordance with the specified products and/or services.
9.2. Graphic Images (including but not limited to artwork and logos) supplied by the Client, must be of high digital quality and applicable format.
10.1. Photographs supplied by the Client must be of high digital quality and applicable format.
11. Specified Colours.
11.1. Colours specified by the Client must be supplied as Pantone and CMYK values or, when agreed by written consent, in Hex format.
12.1. Brunel Studios does not offer any printing products and/or services, therefore Brunel Studios takes no responsibility for print or Printing errors.
12.2. Completed graphic design, logo, or any artwork by Brunel Studios will be e-mailed to the Client, and the Client will enter into an agreement directly with the printer of their choice.
12.3. Screen colours and digital proofs can vary from litho Printing. To ensure colour and print quality, it is the Client’s responsibility to request a colour proof from their printers.
13. Website Hosting.
13.1. Hosting via Brunel Studios
13.1.1. Monthly Hosting & Domain Fees must be paid on or before the last working day of each month, unless committed to payment by means of a stop order payment, in which instance the last calendar day is applicable(except in the case of Annual fees previously agreed between both parties).
13.1.2. Hosting fees are payable from date of domain registration or transfer to Brunel Studios.
13.1.3. Payments not received by the 5th of each month will automatically suspend the Client’s Hosting service, thus deactivating the Client’s website and linked e-mail accounts.
13.1.4. A reactivation fee, at the appropriate rate at that time, will be billed to the Client.
13.1.5. Hosting fees not received for 2 consecutive calendar months irrevocably terminates the linked website and associated e-mail accounts with the host. The Client’s domain registration remains for the balance of the yearly domain fee paid, but no software, design and/or development work associated with the domain is recoverable by reactivation hereafter.
13.1.6. Brunel Studios reserves the right to suspend the Client’s services due to non-payment and charge fees, at the appropriate rate at that time, on all arrears in accordance with these Terms and Conditions.
13.1.7. Hosting cancellations are only accepted in writing, e-mailed to firstname.lastname@example.org
, on or before the 1st of the new month as it carries a calendar month notice period.
13.1.9. All outstanding payments must be paid up to date before the Client’s Hosting services will be terminated with Brunel Studios, thus enabling release to transfer to a Third Party Hosting Service Provider.
13.2. Hosting via a Third Party Service Provider.
13.2.1. The Client has to provide Brunel Studios with their Cpanel, FTP and database details to upload onto Brunel Studios’ software.
13.2.2. If the Client uses a Third Party Service Provider on Brunel Studios’ recommendation, the Client will enter into an agreement directly with that Third Party Service Provider.
13.2.3. Brunel Studios will not be held liable or have any responsibility for the Client’s Hosting Services via a Third Party Service Provider as we do not have control over the status of hosting, domain renewals or e-mail when not hosted with Brunel Studios.
13.2.4. All technical aspects of websites must be referred to the Client’s Third Party Hosting Service Provider.
13.2.5. Brunel Studios will however assist the Client upon request with Third Party Hosting Service Provider(s). This time may be billed to the Client at the discretion of Brunel Studios.
14. Search Engine Optimisation (hereinafter refer red to as “SEO”).
14.1. Brunel Studios cannot guarantee search positions or rankings of websites, but includes Search Engine Optimisation (SEO) when required and will issue the Client a Quotation accordingly.
14.2. Brunel Studios will provide the Client with Search Engine Optimisation Services . Brunel Studios will use specific keywords and/or phrases to improve the search engine ranking of, and/or position the contents of the Client’s website.
14.3. Brunel Studios’s SEO services are intended to serve two main purposes:
- to provide the Client with increased exposure in
search engines, and
- to drive targeted online traffic to the site.
14.4. Brunel Studios’s SEO Services may include (but are not limited to):
- Review & Analysis
- Sales funnel review and optimisation
- Schema and structured data markup
- Off page optimisation
- Researching keywords and phrases to select appropriate, relevant search terms.
- Obtaining “back links” from other related websites and directories in order to generate link popularity and traffic.
- Editing and/or optimisation of text for various html tags, meta data, page titles, and page text as necessary.
- Analysis and recommendations on optimal website structure, navigation, code, etc. for best SEO purposes.
- Recommend, as required, additional web pages or content for the purpose of “catching” keyword/phrase searches.
- Create traffic and ranking reports showing rankings in the major search engines.
- Creating blog posts and social media posts.
14.5. For the purposes of receiving professional SEO services, the Client agrees to provide the following:
- Administrative/backend access to the website for analysis of content and structure.
- Permission to make changes for the purpose of optimisation, and to communicate directly with any third parties.
- Unlimited access to existing website traffic statistics for analysis and tracking purposes.
- Access to a client email address (@domain or gmail) for the purposes of requesting links(unless Brunel Studios creates an email address for the Client for this specific purpose).
- Authorisation to use client pictures, logos, trademarks, web site images, pamphlets, content, etc., for any use as deemed necessary by (Company name) for search engine optimisation purposes.
- If Client’s site is lacking in textual content, Client will provide additional text content in electronic format for the
purpose of creating additional or richer web pages.
14.6. The Client must acknowledge the following with respect to SEO services:
- All fees, services, documents, recommendations, and reports are confidential.
- Brunel Studios has no control over the policies of search engines with respect to the type of sites and/or content that they accept now or in the future. The Client’s website may be excluded from any directory or search engine at any time at the sole discretion of the search engine or directory.
- Due to the competitiveness of some keywords/phrases, ongoing changes in search engine ranking algorithms, and other competitive factors, Brunel Studios does not guarantee #1 positions or consistent top 10 positions for any particular keyword, phrase, or search term.
Occasionally, search engines will drop listings for no apparent or predictable reason and, often, reappear without any additional SEO. Should a listing be dropped during the SEO campaign and not reappear within 30 days of campaign completion, Brunel Studios will re-optimise the website/page based on the current policies of the search engine in question.
- Some search directories offer expedited listing services for a fee. If the Client wishes to engage in said expedited listing services (e.g., paid directories), the Client is responsible for all paid-for inclusion or expedited service fees.
- Linking to “bad neighbourhoods” or getting links from “link farms” can seriously damage all SEO efforts. Brunel Studios does not assume liability for the Client’s choice to link to or obtain a link from any particular website without prior consultation.
14.7. Brunel Studios is not responsible for changes made to the website, by other parties, that adversely affect the search engine
rankings of the Client’s website.
14.8. The Client guarantees any elements of text, graphics, photos, designs, trademarks, or other artwork provided to Brunel Studios for inclusion on their website are owned by the Client, or that the Client has received permission from the
rightful owner(s) to use each of the elements, and will hold harmless, protect, and defend Brunel Studios and its subcontractors from any liability or suit arising from the use of such elements.
15.2. Brunel Studios will only load 25 products on the website on the Client’s behalf. However, the Client will be able to load unlimited products.
15.3. Should the Client require Brunel Studios to load more than the aforementioned 25 loaded products, Brunel Studios will issue the Client a Quotation accordingly.
16. Review and Changes.
16.1. On design completion of the Client’s website, the website will be activated for 2 (two) working days, in order for the Client to preview and respond with amendments and/or improvements, within these 2 (two) working days, in writing by e-mail.
16.2. Hereafter the Client’s website will be reverted to “Under Construction” status until these amendments and/or improvements, or other adjustments have been made.
17. Balance of Payment.
17.1. The Client is required to e-mail the Proof of Payment to Brunel Studios, which will be reciprocated with a Statement, allocating payment to said Invoice, to the Client, when said funds are confirmed by Brunel Studios.
17.2. All work remains the property of Brunel Studios until the full and final payment is received.
18. Completion Date.
18.1. Activation of the Client’s website is conditional to the Terms & Conditions 17. above.
18.2. The Completion Date of a project is affected by feedback and received content from the Client. Time-frames will be adjusted within reason, notwithstanding these Terms & Conditions.
18.3. The Client will be notified when the website is activated, and then the Client will have 2 (two) working days to report any faults or request minor alterations (within the initial Agreement), in writing by e-mail.
18.4. Should Brunel Studios not receive a reply within 2 (two) working days via e-mail, the Client’s website is considered finalised and complete. Therefore, Brunel Studios takes no responsibility for website content errors hereafter.
18.5. Please note that any further adjustments or amendments after this date will be at an additional cost as set out in Terms and Conditions 19.
19. Additional Work
19.1 Additional Work requested and agreed to, or any other work in progress for the Client’s website after the Completion Date of the original Agreement, will be billed in accordance to these Terms and Conditions, quoted and agreed to.
19.2. All payment(s) and time-frame(s) as set out in these Terms and Condition shall apply.
19.3. Scope creep will not be tolerated, and setting clear goals, objectives and specifications in the initial negotiations and Project Specifications with Brunel Studios remains the responsibility of the Client.
19.4. Brunel Studios may suggest Additional Work for the Client’s project, including but not limited to graphic design, software, etc. to enhance the Client’s website functionality and appearance, and reserves the right to do so free of charge or Brunel Studios will issue the Client a Quotation accordingly.
20. Service Agreement.
20.1. The Client may request Brunel Studios access to their website’s Content Management System (CMS). Upon doing so, the Client indemnifies Brunel Studios from any changes made by the Client or any third party to the website, which includes but is not limited to any content changes, software updates, added software, or loss of information.
20.2. A restoration fee in accordance to these Terms and Conditions, quoted and agreed to, will be billed when having to restore a website.
20.3. Brunel Studios commits to respond to any technical error, which may be the result of their Hosting services, design software or any plausible fault, omission or neglect on their part within this agreement(s), within 2 (two) working days.
20.4. Brunel Studios is not liable to Client(s) or responsible for said products and/or services of Client(s) whose accounts are not paid up to date.
21. Invoices and Statements.
21.1. Brunel Studios is not a credit service provider and does not grant any credit facilities whatsoever.
21.2. All Invoices are billed to the Client’s account and e-mailed to the Client in accordance with these Terms and Conditions, and payments made by the Client are allocated to Invoices on the Statement upon Brunel Studios having confirmed receipt of said funds.
22.1. Telephonic, Skype or e-mail queries will be responded to free of charge for confirmed Clients according to Terms & Conditions 4.1.
22.2. Meetings and consultations will be charged at the discretion of Brunel Studios, in accordance to these Terms and Conditions, quoted and agreed to.
23. Legal Costs.
23.1. Failure to comply with these Terms and Conditions regarding payments and fees will result in legal action from Brunel Studios’s legal representative(s), and the full outstanding balance becomes payable.
23.2. All legal cost resulting of non-payment will be accrued to the Client’s outstanding balance.
24.1. Should the Client cancel the project at any time, all fees up to that point, exceeding any agreed deposit, of work will be calculated and will be billed to the Client. This is payable within 7 (seven) calendar days of Invoice date.
24.2. Hosting and Domain Fees are non-refundable, as these are paid in advance.
24.3. Brunel Studios reserves the right at his discretion to cancel this Agreement should the Client breach any of the Terms and Conditions stated herein.
25.1. Brunel Studios will not be held liable for any viruses, hacking, malicious content or any Security breaches pertaining to any third party applications or to the Client’s website.
25.2. Brunel Studios’s Hosting service provider may at any time suspend a domain should any viruses or malicious content be exposed through hacking or security breaches to any third party application or website.
26.1. Brunel Studios reserves the right to make changes to these Terms and Conditions at any time without prior consent of any or all of their Clients, employees, independent contractors, affiliates, agents, agencies or any other third party agreements.
26.2. These Terms and Conditions (https://www.brunelstudios.co.za/terms-and-conditions/
) are legally binding in accordance with the publishing date hereof, as incorporated on Brunel Studios’s own website , and date of signing a product and/or service delivery Agreement(s), approving a quote or settling your invoice with Brunel Studios.