Terms and Conditions

The following Terms & Conditions are legal and binding and applicable to all products and/or services undertaken by Lemon Cake Software Solutions, for and on behalf of any Client(s) who have signed Lemon Cake Software Solutions’ quotation(s), and therefore authorized Lemon Cake Software Solutions to provide the quoted products and/or services.

These Terms & Conditions are provided to clarify what Lemon Cake Software Solutions provides and to explain our business terms. As this is a live document you should always monitor this for changes if you have any products and/or services with Lemon Cake Software Solutions.

  1. Website Design Package
    The Client must choose a Website Design Package which will best suit the Client’s needs for Lemon Cake Software Solutions to issue an accurate and binding quotation.
    All prices provided on this website includes VAT.
  2. Acknowledgement
    After the Client signed the Lemon Cake Software Solutions Quotation and sent it back to us upon acceptance, the Client acknowledges that they have read and accepted these Terms & Conditions.
  3. Quotations and Deposits
    Quotations are valid for 20 (twenty) calendar days from the date on the Quotation.
    Quotations do not include domain name registration or hosting fees.
    The Client is requested to pay 50% of the total quoted value as a deposit to Lemon Cake Software Solutions’ banking details provided.
    Products and/or services as described in the Quotation will only commence, when the Client’s deposit has been received by Lemon Cake Software Solutions, which will be allocated to the Client’s Invoice. Deposit(s) are non-refundable and non-negotiable.
  4. Website Design Elements
    Lemon Cake Software Solutions’ “Website Design Elements” document will be sent to the Client to complete and submit to Lemon Cake Software Solutions.
    Any other work not included in the Website Design Elements document will be noted as additional work, which will be charged additionally at a rate of R350 per hour.
  5. Agreement
    Lemon Cake Software Solutions commit to work expeditiously to complete the quoted products and/or services.
    Lemon Cake Software Solutions cannot be held responsible for delays outside of their control, including but not limited to equipment failure, Third Party Hosting Services, and internet connections.
    Lemon Cake Software Solutions endeavor to design websites that perform well in current major browsers but cannot guarantee backward compatibility (i.e. functionality on older devices and software).
  6. Required Documentation
    Required documentation refers to all information necessary to deliver the products and/or services as described in these Terms & Conditions.
    The Client is to provide all required documentation electronically to Lemon Cake Software Solutions, within 10 (ten) calendar days after the Invoice date confirming the received deposit, to initiate work on quoted products and/or services.
    The Client’s quoted and accepted products and/or services will only be queued and allocated accordingly, after Lemon Cake Software Solutions received the required documentation from the Client. The following text and images is required:
    • Written Content
      Unless otherwise specified in the Quotation, the Client must supply all content wording to be published in accordance with the specified products and/or services.
      Written content must be supplied in digital format, in a commonly used document software application, such as MS Word, Google Docs, PDF, or txt.
      Acceptable file extensions are: .doc; .docx; .gdoc; .pdf; .txt
    • Fonts
      All fonts for Written Content must be indicated by the Client
      If it is a custom font, font files must be supplied in digital format, acceptable file extensions are: .ttf; .otf
      If it is an open source font, references must be supplied
    • Graphic Images and Photographs
      Unless otherwise specified in the Quotation, the Client must supply all Graphic Images and Photographs to be published in accordance with the specified products and/or services.
      Graphic Images (including artwork, logos wallpaper etc) and Photographs supplied by the Client, must be supplied in digital format.
      Acceptable file extensions are: .png; .jpg; .jpeg; .bmp
      Pixels for image files should not be less than 700X700 or exceed 2000X2000 pixels
    • Specified Colours
      The Client must indicate his/her business’s image colours, in order for Lemon Cake Software Solutions to identify which colours to use for the website. Colours must be specified in RGB; Hexadecimal Colour Code (#); or CMYK values.
  7. Copyrights
    The Client must ensure they have the Copyright for all material supplied.
    Lemon Cake Software Solutions, 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.
    If and when Lemon Cake Software Solutions are 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.
    Lemon Cake Software Solutions does not take any responsibility for any content supplied from the Client without proper Copyright whatsoever.
  8. Printing
    Lemon Cake Software Solutions does not offer any printing products and/or services; therefore, Lemon Cake Software Solutions take no responsibility for print or printing errors.
  9. Search Engine Optimization (SEO)
    Lemon Cake Software Solutions cannot guarantee search positions or rankings of websites but include Search Engine Optimisation (SEO) in the form of meta tags and descriptions, structure and basic content recommendations. Lemon Cake Software Solutions can assist with the Client’s SEO if and when required and will issue the Client a Quotation accordingly.
  10. E-Commerce Website
    Lemon Cake Software Solutions’ “E-Commerce Website Questionnaire” will be sent to the Client to complete and submit to Lemon Cake Software Solutions. This will assist Lemon Cake Software Solutions in setting up the Client’s E-Commerce website.
    The Client must supply each product’s information, related images and / or photographs as per the “E-Commerce Product Guide” to be published in accordance with the specified products and/or services.
    Lemon Cake Software Solutions will only load a maximum of 20 products on the E-Commerce website, on the Client’s behalf. However, the Client will be able to load unlimited products.
    Should the Client require Lemon Cake Software Solutions to load more than the maximum products, Lemon Cake Software Solutions will issue the Client a Quotation accordingly.
  11. Review and Changes
    On design completion of the Client’s website, the website will be activated for 2 (two) working days on one of Lemon Cake Software Solutions’ testing sites, in order for the Client to review and respond with feedback and recommendations in writing by e-mail.
    Lemon Cake Software Solutions will then update the website according to the Client’s recommendations and will make the updated website available for the Client to approve and to sign-off.
  12. Balance of Payment
    The Client is required to pay the outstanding balance and to e-mail the Proof of Payment to Lemon Cake Software Solutions, which will be allocated to the Client’s invoice, when Lemon Cake Software Solutions received the funds.
    All work remains the property of Lemon Cake Software Solutions until the full and final payment is received.
  13. Completion Date
    Activation of the Client’s website is conditional to the Terms & Conditions 12 above.
    The Completion Date of a project is affected by feedback and received content from the Client.
    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.
    Should Lemon Cake Software Solutions not receive a reply within 2 (two) working days via e-mail, the Client’s website is considered finalized and complete. Lemon Cake Software Solutions will take no responsibility for website content errors thereafter.
    Please note that any further adjustments or amendments after this date will be at an additional cost as set out in Terms & Conditions 14.
  14. Additional Work, Update and Maintenance services
    Additional Work, Update and Maintenance services 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 & Conditions, quoted and agreed to.
    All payment(s) and time frame(s) as set out in these Terms & Condition shall apply.
    Current standard rates are charged at R350.00 per hour.
  15. Content Management System
    The Client indemnifies Lemon Cake Software Solutions 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.
    A restoration fee in accordance to these Terms & Conditions, quoted and agreed to, will be billed when having to restore a website.
  16. Invoices and Statements
    Lemon Cake Software Solutions is not a credit service provider and does not grant any credit facilities whatsoever.
    All Invoices are billed to the Client’s account and e-mailed to the Client in accordance with these Terms & Conditions, and payments made by the Client are allocated to Invoices on the Statement once Lemon Cake Software Solutions received the funds.
    Invoices, corresponding payments received, and due balances will reflect on the Client’s Statement.
  17. Consultations
    Telephonic or e-mail queries will be responded to free of charge for confirmed Clients according to Terms & Conditions 3.
  18. Legal Costs
    Failure to comply with these Terms& Conditions regarding payments and fees will result in legal action from Lemon Cake Software Solutions’ legal representative(s), and the full outstanding balance becomes payable.
    All legal cost resulting of non-payment will be accrued to the Client’s outstanding balance.
  19. Cancellations
    Should the Client cancel the project at any time, all fees up to that point of work will be calculated. Any amount greater than the 50% deposit will be billed to the Client. This is payable within 7 (seven) calendar days of Invoice date.
    Lemon Cake Software Solutions reserves the right at its discretion to cancel this Agreement should the Client breach any of the Terms & Conditions stated herein.
  20. Security
    Lemon Cake Software Solutions 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.
  21. Website Hosting
    Lemon Cake Software Solutions does not supply any hosting services.
  22. Hosting via a Third-Party Service Provider
    The Client must provide Lemon Cake Software Solutions with their Cpanel, FTP and database details to upload the Client’s website.
    If the Client uses a Third-Party Service Provider on Lemon Cake Software Solutions’ recommendation, the Client will enter into an agreement directly with that Third-Party Service Provider and Lemon Cake Software Solutions 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. All technical aspects of websites must be referred to the Client’s Third-Party Hosting Service Provider.
  23. Liability
    The Client indemnifies and holds Lemon Cake Software Solutions harmless against any expense, loss, claim, harm or damage brought against, suffered of sustained which arises directly or indirectly out of a breach of these Terms & Conditions either by Lemon Cake Software Solutions or the Client or by the use by the Client of the products and/or services, irrespective of the cause thereof. Lemon Cake Software Solutions shall not be liable to the Client for any loss from any cause whatsoever and the Client shall not be entitled to bring any claim or action against Lemon Cake Software Solutions caused by any action or omission of Lemon Cake Software Solutions. Lemon Cake Software Solutions shall not be liable to the Client for any breach of these Terms & Conditions or failure on Lemon Cake Software Solutions’ part to perform any obligations as a result of technical problems relating to the products and/or services, termination of any license to operate or use the products and/or services, act of God, government control, restrictions or prohibitions or other government act or omission, whether national or international act of default of any supplier, agent or sub-contractor, industrial disputes or any other cause beyond the control of Lemon Cake Software Solutions.
  24. General
    Lemon Cake Software Solutions reserves the right to make changes to these Terms & 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. These Terms & Conditions are legally binding in accordance with the publishing date thereof, as incorporated on Lemon Cake Software Solutions own website, and date of signing a product and/or service Quotation with Lemon Cake Software Solutions.