Legal

^*Last Updated on Jan 04^th 2016

Below are the terms and conditions for any projects created under the Geniusworks (t/a) name.

These terms and conditions are applicable to all Web Development projects that are undertaken by Geniusworks. If the project is to be hosted by Geniusworks, then the same terms and conditions will apply. The following terms and conditions document is a legal agreement between Geniusworks and “client” for the purpose of website design development, Graphic Design, hosting or any other service that Geniusworks offers. Terms must be agreed to prior to start of project. Updates to this page can be made without notice.

Procedures

1. Client to sign their quotation that they have read and accepted our Terms and Conditions and email to info@geniusworks.co.tz. Quotes are valid for 7 days from the date on the quote. Quotes do not include domain name registration or hosting unless it is specified in the quotation.
2. Client to pay their 60% deposit as acknowledgement and acceptance that Geniusworks can proceed with their website. Your project will only commence once the clients deposit has been paid and received by Geniusworks. Please note that your website content must be furnished within 7 working days after your deposit payment has been received.
3. Hosting (Not hosted with us). Client to provide Geniusworks with your Cpanel, FTP and database details to upload our software. If you use a service provider on our recommendation, you will enter into an agreement directly with them. Geniusworks will not take any responsibility for your hosting services, as we do not have control over your status of hosting, domain renewals or email when not hosted with us. All technical aspects of websites must be referred to your service provider. We will however request feedback from your provider via email if you need assistance. This time may be billed.
4. Hosting (Hosted with us). Monthly & Yearly Hosting & Yearly Domain Fees must be paid on or before the last day of each month. Disk over-usage will automatically be suspended, You will be required to Upgrade to a higher package.Payments not received by the 1st of each month will systematically be suspended. A reactivation fee of TZS 30,000 will be charged. Geniusworks reserves the right to suspend client services due to non-payment and interest of 15% per month will automatically be charged on all arrears. Hosting cancellations can only be done in writing and emailed through to cancelhosting@geniusworks.co.tz on the date of cancellation. All outstanding payments must be paid up to date before your Hosting will be terminated with Geniusworks. Please note that hosting cancellations must be emailed to cancelhosting@geniusworks.co.tz before the 1st of the new month as it carries a 30-day notice period.
5. Graphic Design. Images and logos supplied must be of high quality. Specific required colours must be supplied as Pantone and CMYK values. Geniusworks does not handle any printing, we will have no further involvement and client will enter into an agreement directly with the printer of their choice. Therefore, we take no responsibility for print errors. 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 the printers. Completed artwork will be emailed to you.
6. Client to send all the necessary web content that you would like us to publish onto your website. Content must be supplied electronically, within 1 week of start of project. Information (word/txt), as well as logos and artwork (or photographs) to be used/adjusted (vector/freehand/high quality) must be supplied, unless they are to be created as part of the project. Please ensure you have the copyright for all material supplied. Under no circumstances will Geniusworks, our designers or any associates will not be held responsible for any copyright disputes. If it becomes clear that material was provided without the required copyright, changes to a project (to remove illegal content) will be at the client’s cost. Geniusworks does not take any responsibility for content supplied without proper copyright whatsoever. We cannot be held responsible for delays outside of our control, e.g. equipment failure, weather and internet connections.
7. Client is to provide electronically all required documentation and web content to enable Geniusworks to initiate design on your website project.
8. Clients website will then be queued and allocated to a designated web developer. Geniusworks and the client must work together to complete the web design project in a timely manner. Please note that your website content must be furnished within 7 working days after your deposit payment has been received. We agree to work expeditiously to complete the web design project after the client has submitted all necessary materials. If the client does not supply Geniusworks with complete text and graphic content for this web design projects within 21 days of this agreement, the entire amount of the agreement becomes due and payable. If the client still has not submitted or provided all the required content within 40 days after receipt of deposit (acknowledgement and acceptance of our terms and conditions), an additional continuation fee of 15% of the total agreement price will be assessed for each month until the web design project is completed and published.
9. SEO. We endeavour to make websites that perform well in current major browsers, but cannot guarantee backward compatibility. We cannot guarantee search positions or rankings of websites, but include search engine optimisation (SEO) in the form of meta tags, structure and basic content recommendations. We can assist with your SEO if and when required.
10. The Date of Completion of a project is affected by feedback and receiving of content and timelines will be adjusted accordingly. On design completion of your website it will be taken live for 24 hours so that you may preview and respond with amendments / improvements. Thereafter the website will be put back onto maintenance for final adjustments.
11. Geniusworks will only put your website live when full and final payment has been received and reflect in our bank account. Proof to be emailed. Work in progress will be billed monthly according to the amount of work that has been completed. This is payable within 7 days of statement date.
12. Once the outstanding payment has been received website will be put live and client will have 7 working days to report any faults or amendments. Changes must be requested in writing (emailed). Should we not receive a reply within 7 working days via email we will take and accept that the website is finalised. Therefore, we take no responsibility for website content errors. All work remains the property of Geniusworks until final payment is received.
13. Your web developer will then implement the final changes / amendments on initial content provided. Any additional amendments will be charged at TZS 50,000 per 3hours. Additional pages will be charged at TZS100,000 per page. Project will then be signed off as completed.
14. Please note that any further adjustments or amendments after this date will be at an additional cost. Any additional work, author’s corrections or ad hoc changes and updates will be charged at an hourly rate (dependent on task, to be verified at start of task) or will be quoted separately.
15. CMS Access. Geniusworks, our designers or associates will not be held responsible or liable for any changes made by the client or any other third party using the CMS backend system that includes any software updates, any other changes to the website or any loss of information. They can be restored at a price.
16. Security (Viruses & Hacking). Geniusworks will not be held liable for any viruses, hacking, security breaches or any malicious content pertaining to any third party applications or to the client’s website. Our hosting service provider can 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.
17. Statements. All Monthly invoices are issued via email on the 22^nd of each month unless the date falls on a public holiday or weekend.
18. Cancellations. If project is cancelled at any time, all fees up to that point of work will be calculated and invoiced. This is payable within 7 days of invoice date. Geniusworks will not refund deposits for work already performed on client’s design project or hosting fees/domain fees as they have been paid in advance. We guarantee to honour our obligation of service as we expect our clients to honour theirs.
19. Legal Costs. Failure to comply with our terms and conditions regarding account payments and fees will result in legal action from our attorneys and the full outstanding balance becomes payable. All legal cost resulting of non-payment will be for the clients account.
20. Meetings. Telephonic, Skype or email queries will be responded to free of charge for confirmed clients. Meetings and consultations (in person) will be charged per meeting as well. The client will be liable for all travel and accommodation cost incurred for client onsite meetings and discussions.