Terms & Conditions

The following Terms & Conditions are a legal and binding document applicable to all products and services undertaken by Lemon Media (Pty) Ltd for and on behalf of any client who has signed a Lemon Media quotation for such products or services, and has thereby authorised Lemon Media to render those products and deliver those services.

1. Consultation fees

Standard consultation fees

• Standard consultations, virtual or in person, are charged at R200 per hour.
• After-hours consultations are charged at R350 per hour.
• Call-out consultations are charged at R350 per hour.

Free consultations

The first two consultations are free of charge.

2. Project specifications

• The client must supply the project specifications in order for Lemon Media to issue an accurate and binding quotation.
• If the client requires assistance creating project specifications, Lemon Media is willing to assist.
• Any additional work must be supplied as additional project specifications.

3. Quotation

• Quotations are fixed unless the client requests changes beyond the specified quota. Additional charges apply where additional changes are required.
• Quotations are valid for ten (10) working days from the date supplied.
• Quotations do not include domain and hosting fees unless otherwise specified.
• These Terms and Conditions are linked to every quotation sent to the client.

4. Acknowledgement

Upon signing a Lemon Media quotation, the client acknowledges that they have read and accepted these Terms and Conditions.

5. Agreement

• The client accepts the quotation and these Terms and Conditions by paying 50% of the total quoted value in South African Rand as a deposit to the Lemon Media bank account provided.
• Work commences only once the deposit has been confirmed as received, which is reciprocated with a statement allocating payment to the invoice.
• Lemon Media commits to work expeditiously to complete the quoted products and services within the specifications and time frames indicated in the quotation.
• In order to deliver within the projected time frames, the client's co-operation is paramount.
• Lemon Media cannot be held responsible for delays outside of its control, including but not limited to equipment failure, third-party hosting services and internet connections.
• Lemon Media endeavours to build websites that perform well in current major browsers, but cannot guarantee backward compatibility with older devices and software.

6. Deposit

• Deposits are non-refundable and non-negotiable.
• Should the client pay more than the required 50% deposit, the balance is refundable within ten (10) calendar days should the agreement be terminated by either party.
• Any amount paid above the required 50% deposit does not imply any additional rights beyond those stipulated in these Terms and Conditions.

7. Copyright

• The client must ensure they hold the copyright for all material supplied.
• Lemon Media, its employees, contractors, affiliates and agents will not be liable or held responsible for any copyright disputes.
• If Lemon Media is informed that material was provided without the required copyright, the material will be removed immediately and the client billed for the cost thereof.
• Lemon Media takes no responsibility for content supplied by the client without proper copyright.

8. Written content and fonts

• Unless otherwise specified in the quotation, the client supplies all content wording to be published.
• Written content must be supplied in formatted text as the client wishes it to appear, unless Lemon Media has agreed to design the layout.
• All fonts for written content are to be indicated by the client in the project specifications.

9. Graphic images

• Unless otherwise specified in the quotation, the client supplies all graphic images to be published.
• Graphic images supplied by the client, including artwork and logos, must be of high digital quality and in an applicable format.

10. Website hosting

Hosting via LemonHost

• Hosting via LemonHost allows for disk space limited to the chosen package. Over-usage is charged at the applicable rate, invoiced to the client's account and payable within seven (7) calendar days of the invoice date.
• Monthly hosting and yearly domain fees must be paid on or before the last working day of each month, unless committed by stop order, in which case the last calendar day applies.
• Hosting fees are payable from the date of domain registration or transfer.
• Payments not received by the 2nd of each month automatically suspend the hosting service, deactivating the website and linked email accounts.
• A reactivation fee at the applicable rate will be billed to the client.
• Hosting fees not received for two consecutive calendar months irrevocably terminate the linked website and associated email accounts. The domain registration remains for the balance of the yearly domain fee paid, but no software, design or development work associated with the domain is recoverable thereafter.
• Lemon Media reserves the right to suspend services for non-payment and to charge fees on all arrears at the applicable rate.
• Hosting cancellations are accepted in writing to info@lemonmedia.co.za on or before the 1st of the new month, and carry one calendar month's notice.
• All outstanding payments must be settled before hosting services are terminated and released for transfer to a third-party provider.

Hosting via a third-party provider

• The client must provide Lemon Media with cPanel, FTP and database details in order to upload the build.
• Where the client uses a third-party provider on our recommendation, the client enters into an agreement directly with that provider.
• Lemon Media is not liable and has no responsibility for hosting services provided by a third party, as we have no control over hosting status, domain renewals or email when not hosted with us.
• All technical aspects must be referred to the client's third-party hosting provider.
• Lemon Media will assist on request, and this time may be billed at our discretion.

11. Search engine optimisation

Lemon Media cannot guarantee search positions or rankings, but includes search engine optimisation in the form of meta tags and descriptions, site structure and basic content recommendations. We can assist with additional SEO work — aimed at higher traffic rather than a guaranteed first ranking — and will issue a quotation accordingly.

12. E-commerce

• All clients must supply correct information regarding product uploads.
• Lemon Media will load up to 110 products on the website on the client's behalf. The client will be able to load unlimited products after site training is provided. Product uploads by Lemon Media beyond the included allocation are charged at R20.00 per product.

13. Review and changes

• On design completion, the website is activated for two (2) working days for the client to preview and respond with amendments in writing by email or WhatsApp.
• Thereafter the website reverts to “under construction” status until those amendments have been made.
• Client revisions are allowed up to three (3) changes per page unless otherwise specified in the quotation.

14. Branding and attribution

To protect the integrity of our work, Lemon Media includes branding in the footer of the websites we develop. This helps protect the intellectual property from unauthorised use and maintains recognition of our work. By entering into a contract with Lemon Media, the client agrees to retain this branding. Any request for its removal must be agreed in writing and may be subject to an additional fee.

15. Balance of payment

• The client is required to email or WhatsApp proof of payment to Lemon Media, which is reciprocated with a statement allocating payment to the invoice once funds are confirmed.
• All work remains the property of Lemon Media until full and final payment is received.

16. Completion date

• Activation of the website is conditional on the review and changes clause above.
• The completion date is affected by client feedback and receipt of content. Time frames will be adjusted within reason.
• The client is notified when the website is activated and then has two (2) working days to report faults or request minor alterations within the original agreement, in writing by email or WhatsApp.
• Should Lemon Media not receive a reply within two (2) working days, the website is considered finalised and complete unless agreed otherwise, and Lemon Media takes no responsibility for content errors thereafter.
• Any adjustments after this date are at additional cost.

17. Additional work

• Additional work requested and agreed after the completion date is billed monthly or once off in accordance with these Terms and Conditions, quoted and agreed.
• All payment and time-frame terms set out here apply equally to additional work.
• Scope creep — where a project's requirements stretch beyond the initial vision — will not be accommodated without a revised quotation. Setting clear goals and specifications during initial negotiations remains the responsibility of the client.
• Lemon Media may suggest additional work to enhance functionality and appearance, and reserves the right to do so free of charge or to issue a quotation accordingly.

18. Service agreement

• The client may request access to the website's content management system. In doing so the client indemnifies Lemon Media against any changes made by the client or a third party, including content changes, software updates, added software or loss of information.
• A restoration fee, quoted and agreed, is billed when a website has to be restored.
• Lemon Media commits to respond to any technical error resulting from our hosting services or any fault on our part within two (2) working days.
• Lemon Media is not liable to clients whose accounts are not paid up to date.

19. Invoices and statements

• Lemon Media is not a credit service provider and does not grant credit facilities.
• We endeavour to issue and email client statements five (5) calendar days prior to the last calendar day of each month, unless that date falls on a public holiday or weekend.
• All invoices are billed to the client's account and emailed, and payments are allocated to invoices once receipt of funds is confirmed.
• Invoices, payments received and balances due reflect on the client's statement.
• Additional statements are issued for overdue balances on the 1st and 7th calendar day of each month, consecutively and cumulatively.

20. Consultations

• Telephonic, Teams, WhatsApp and email queries are answered free of charge for confirmed clients.
• Meetings and consultations are charged at the discretion of Lemon Media, quoted and agreed in accordance with the consultation fees above.
• The first two call-out meetings are held at no cost to the client.

21. Legal costs

• Failure to comply with these Terms and Conditions regarding payments and fees will result in legal action, and the full outstanding balance becomes payable.
• All legal costs resulting from non-payment accrue to the client's outstanding balance.

22. Cancellations

• Should the client cancel at any time, all fees up to that point are calculated. Any amount above the 50% deposit is billed to the client and payable within seven (7) calendar days of the invoice date.
• Lemon Media refunds only amounts paid above the 50% deposit for products and services not delivered.
• Hosting and domain fees are non-refundable as these are paid in advance.
• Should the client have paid hosting for a full year, a maximum of two months is refundable, as the balance is an advance payment.
• Lemon Media reserves the right at its discretion to cancel this agreement should the client breach any of these Terms and Conditions.

23. Security

• Lemon Media and its hosting provider will not be held liable for viruses, hacking, malicious content or security breaches relating to third-party applications or to the client's website.
• Our hosting provider may suspend a domain at any time should viruses or malicious content be exposed through hacking or security breaches.
• It is the client's responsibility to ensure all plugins and themes are kept up to date to prevent malicious code being introduced into the site. We will do our best to remove any viruses but cannot be held accountable should the issue prove unfixable. An additional charge applies to remove hacks, depending on severity.

24. Client responsibility for updates

Websites under an active maintenance plan are kept up to date, secure and functional by us. Clients without an active maintenance plan are responsible for managing their own website updates, including core and plugin updates.

Update service

For clients who require assistance with plugin or core updates, we offer an update service at a fixed fee of R350 per request, payable in advance. Where updates are completed by Lemon Media, we take full responsibility for any debugging or issues arising as a result.

Website restoration fees

If a client updates their own website and plugins, Lemon Media is not responsible for any crashes, malfunctions or compatibility issues that arise. Should a crash occur due to a client-performed update, the following restoration services apply:

• Standard restoration (backup available) — R1 500. We restore the website to its last functional state.
• Advanced restoration (no backup available) — R1 700. We debug and restore the website to its original working state.

All restoration fees are payable in advance before work begins.

25. Project completion and handover

• On successful completion and receipt of final payment, Lemon Media initiates handover. The client is provided with all necessary credentials, access details and documentation. The client assumes full ownership and responsibility for the project post-handover, and Lemon Media provides reasonable post-handover support for identified issues.
• Lemon Media is not liable for maintenance, hacks or malware occurring after handover unless the client is on our monthly maintenance service. Where the client is on that service, we take full responsibility for removing malware.
• All work remains the property of Lemon Media until paid for in full. Failure to make payment results in termination of the website and no refund of any deposit paid.
• Acceptance of our quotation indicates that the client has read and understood these terms.

26. Dormant projects

• Lemon Media reserves the right to forfeit any website where the client has not made contact within one month of last communication.
• Should the client make contact after one month, a new quotation will be issued.

27. Changes to these terms

• Lemon Media reserves the right to update and modify these Terms and Conditions at any time without prior notice. We encourage you to review them periodically.
• These Terms and Conditions are legally binding from their publishing date as posted on this website, and from the date of signing a product or service delivery agreement with Lemon Media.
• We typically review these terms every ten to twelve months to ensure they remain current.

Questions

If anything here is unclear, email info@lemonmedia.co.za or call +27 84 578 6083.