Terms and Conditions
The following Terms & Conditions are legal and binding and applicable to all products and services that are undertaken by Lemon Cake Software Solutions. These Terms & Conditions clarifies what Lemon Cake Software Solutions provides and it explains our business terms. You should always monitor these terms and conditions for changes if you have any products and services with Lemon Cake Software Solutions.
1. Website Design Package
The Client should inform Lemon Cake Software Solutions of all their website requirements (number of pages and if they require an online store). Lemon Cake Software Solutions can then issue an accurate and binding quotation.
All prices provided on this website includes VAT.
After the Client signed and accepted the Quotation, 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.
Quoted products and services will only commence when we have received the Client’s deposit. Deposit(s) are non-refundable and non-negotiable.
4. Website Design Proposal
We will send a Website Design Proposal document to the Client.
Work not included in the Website Design Proposal document will be noted as additional work, which will be charged additionally at a rate of R250 per hour.
Lemon Cake Software Solutions commits to work expeditiously to complete the quoted products and services.
Lemon Cake Software Solutions cannot be held responsible for delays outside of our control, including but not limited to equipment failure, Third Party Hosting Services, and internet connections.
We strive to design websites that perform well in current 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 services as described in these Terms & Conditions.
The Client should provide all required documentation electronically to Lemon Cake Software Solutions, to initiate work on quoted products and services.
The Client’s quoted and accepted products and 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 are needed:
Unless otherwise specified in the Quotation, the Client must supply all content wording.
Written content must be 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
The Client must indicate all fonts for written content.
Supply font files for Custom fonts in digital format. Acceptable file extensions are .ttf; .otf.
Supply references for Open-source fonts.
Graphic Images and Photographs
Unless otherwise specified in the Quotation, the Client must supply all Graphic Images and Photographs to be published.
Graphic Images (including artwork, logos wallpaper) and Photographs supplied by the Client, must be 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.
The Client must indicate his/her business’s image colours so that Lemon Cake Software Solutions can identify which colours to use for the website. Specify colours in RGB; Hexadecimal Colour Code (#); or CMYK values.
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 providing the Client products and services, will not be liable or held responsible for any copyright disputes.
We will remove illegal content if the material provided does not have the required copyright. The cost will be for the Client’s account.
Lemon Cake Software Solutions does not take any responsibility for any content supplied from the Client without proper copyright whatsoever.
Lemon Cake Software Solutions does not offer any printing products and services and therefore take no responsibility for print or printing errors.
9. Search Engine Optimisation (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 content recommendations. Lemon Cake Software Solutions can assist with the Client’s SEO 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. It 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 photographs as per the E-Commerce Product Guide to be published.
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 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. The Client can then 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. The updated website will be made available for the Client to approve and to sign-off.
12. Balance of Payment
The Client is required to pay the outstanding balance to Lemon Cake Software Solutions.
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 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 will be considered finalised and complete. Lemon Cake Software Solutions will then take no responsibility for website content errors.
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 at R250.00 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.
These changes include but is not limited to any content changes, software updates, added software, or loss of information.
A restoration fee, 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.
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.
Lemon Cake Software Solutions will respond to telephonic or e-mail queries 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). The full outstanding balance becomes payable and legal costs due to non-payment will be added to the Client’s outstanding balance.
Lemon Cake Software Solutions will calculate the outstanding fees (up to that point of work) if the Client cancels the project.
Any amount higher than the 50% deposit will be payable within 7 (seven) calendar days of the invoice date.
Lemon Cake Software Solutions reserves the right at its discretion to cancel this Agreement if the Client breaches any of the Terms & Conditions stated herein.
Lemon Cake Software Solutions will not be held liable for any viruses, hacking, malicious content, or any Security breaches of 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.
The Client should deal directly with their Third-Party Service Provider if the Client uses a Third-Party Service Provider on Lemon Cake Software Solutions’ recommendation.
Lemon Cake Software Solutions will not be held liable or be responsible for the Client’s Hosting Services via a Third-Party Service Provider. We do not have control over the status of hosting, domain renewals or e-mail.
The Client’s Third-Party Hosting Service Provider should assist the Client with all technical aspects of the website.
The Client indemnifies and holds Lemon Cake Software Solutions harmless against any expense, loss, claim, harm or damage brought against, suffered or sustained out of a breach of these Terms & Conditions.
Lemon Cake Software Solutions shall not be liable to the Client for any loss from any cause whatsoever.
The Client shall not be entitled to bring any claim or action against 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 services, termination of any license to operate or use the products and services, an act of God, government control, restrictions or prohibitions or other government act or omission, whether a 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.
Lemon Cake Software Solutions reserves the right to make changes to these Terms & Conditions at any time without the 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 Agreement with the publishing date thereof.