Terms and Conditions

Terms and Conditions
Lamus Design
Website: https://www.lamusdesign.co.za

1. Introduction

These Terms and Conditions (“Terms”) govern the use of services provided by Lamus Design (“Company,” “we,” “our,” or “us”). By engaging with Lamus Design for website design, search engine optimization (SEO), website maintenance, or any other related services, you (“Client,” “you,” or “your”) agree to abide by these Terms. These Terms form a legally binding agreement between Lamus Design and the Client. Please read them carefully before proceeding with any services.

By accessing our services, whether through written confirmation, digital acceptance, or initial deposit payment, you acknowledge and accept these Terms. If you do not agree with any part of these Terms, you should not proceed with our services.

2. Scope of Services

Lamus Design provides professional services in the areas of website design and development, SEO, and website maintenance. These services include, but are not limited to:

• Custom website design and development tailored to client requirements.
• Responsive and mobile-friendly designs.
• SEO optimization, including on-page and off-page strategies.
• Technical support and maintenance of websites.
• Content management system (CMS) setup and training.
• Consultation and advisory services related to digital presence.

We reserve the right to expand, modify, or discontinue certain services at our discretion, provided this does not affect ongoing projects already agreed upon in writing.

3. Client Responsibilities

To ensure smooth project execution, the Client agrees to:

• Provide accurate, complete, and timely information necessary for the execution of the project.
• Supply all required content, including text, images, logos, and branding guidelines unless otherwise agreed.
• Respond promptly to requests for feedback, approvals, or clarifications.
• Maintain legal rights and permissions for all materials provided to Lamus Design.
• Use the website and services in compliance with applicable laws and regulations.

Failure to provide requested materials or approvals within agreed timelines may result in project delays. Lamus Design will not be held responsible for delays caused by the Client.

4. Payments and Fees

4.1 Deposit and Balance

• A 50% deposit is required before the commencement of any website design or development project. Payment of the deposit constitutes acceptance of these Terms.
• The remaining 50% balance is due within 7 calendar days after the project is completed and delivered to the Client.

4.2 Late Payment Penalty

• If the Client fails to settle the outstanding balance within 30 days of project completion, a penalty of 30% of the original project cost will be applied in addition to the outstanding balance.
• Lamus Design reserves the right to suspend, restrict, or remove access to the delivered website until payment is made in full, including any penalties incurred.

4.3 Payment Methods

Payments may be made via bank transfer, electronic payment systems, or any other method agreed upon in writing. Any transaction or bank fees are the responsibility of the Client.

4.4 Refunds

Due to the customized nature of our services, payments made to Lamus Design are non-refundable, except where explicitly stated otherwise in writing.

5. Intellectual Property and Copyright

5.1 Ownership of Final Deliverables

• Upon full payment of all fees and penalties (if applicable), the Client will retain ownership and full control of their website, including content, structure, and functionality.
• The Client has the right to edit, modify, or manage their website as they deem appropriate.

5.2 Lamus Design’s Rights

• Lamus Design retains the right to reuse website templates, layouts, or design elements, with slight modifications, in other projects for different Clients.
• We reserve the right to showcase completed projects in our portfolio, marketing materials, or case studies, unless otherwise agreed in writing with the Client.

5.3 Client Materials

• The Client warrants that they own or have secured the rights to use all content (text, images, graphics, videos, trademarks, etc.) provided to Lamus Design for inclusion in the project.
• The Client agrees to indemnify Lamus Design against any claims or legal actions arising from the unlawful use of third-party materials supplied by the Client.

6. Revisions and Approvals

• Lamus Design will provide reasonable opportunities for revisions during the design and development phase, as agreed upon in the project scope.
• Additional revisions outside the agreed scope may incur extra charges.
• Once the Client approves a project phase or final delivery, further modifications requested will be treated as a new service and billed accordingly.

7. Website Maintenance

• Maintenance packages may be offered as part of ongoing support, including updates, backups, and security monitoring.
• Maintenance terms, scope, and fees will be outlined in a separate agreement or package description.
• Failure to maintain or update a website may result in vulnerabilities. Lamus Design is not responsible for damages caused by lack of maintenance if the Client declines ongoing maintenance services.

8. SEO Services

• Lamus Design provides SEO services designed to improve search visibility. However, due to the nature of search engine algorithms, we do not guarantee specific rankings, traffic volumes, or conversion rates.
• The Client acknowledges that SEO results depend on various external factors beyond our control, including competition, search engine updates, and market changes.
• The Client agrees not to engage in practices that may harm SEO performance, such as duplicating content, unauthorized link schemes, or changes made without consultation.

9. Confidentiality

Both Lamus Design and the Client agree to keep confidential any proprietary or sensitive information shared during the course of the project. This includes, but is not limited to, business strategies, trade secrets, login credentials, and unpublished data.

Exceptions to confidentiality include information that:

• Is already publicly available;
• Becomes publicly available through no fault of either party;
• Is required to be disclosed by law.

10. Limitation of Liability

• Lamus Design will not be liable for any indirect, incidental, or consequential damages, including but not limited to loss of revenue, profits, or business opportunities.
• Our liability is limited to the total amount paid by the Client for the specific service giving rise to the claim.
• Lamus Design will not be held responsible for issues caused by third-party providers, such as hosting companies, domain registrars, or third-party software.

11. Termination and Suspension

• Either party may terminate the project with written notice if the other party breaches these Terms and fails to remedy the breach within 14 days of notification.
• Lamus Design may suspend or terminate services immediately if:
  • The Client fails to make payments as required;
  • The Client engages in unlawful or unethical practices;
  • Continuation of the project may harm Lamus Design’s reputation or operations.

In case of termination, all unpaid balances (including penalties) will become immediately due.

12. Indemnification

The Client agrees to indemnify and hold harmless Lamus Design, its employees, and contractors against any claims, damages, losses, or expenses (including legal fees) arising from:

• Misuse of the website by the Client;
• Use of materials provided by the Client without proper authorization;
• Breach of these Terms by the Client.

13. Force Majeure

Lamus Design shall not be liable for any delays, failures, or disruptions caused by events beyond our reasonable control, including but not limited to natural disasters, strikes, government actions, pandemics, or technical failures.

14. Governing Law

These Terms shall be governed and interpreted under the laws of the Republic of South Africa. Any disputes shall be subject to the jurisdiction of the courts of South Africa.

15. Modifications to Terms

Lamus Design reserves the right to update or modify these Terms at any time without prior notice. Updated Terms will be posted on our website. Continued use of our services after changes indicates acceptance of the revised Terms.

16. Contact Information

For any questions, concerns, or legal notices, please contact us at:

Lamus Design
Website: https://www.lamusdesign.co.za/contact-us/

17. Entire Agreement

These Terms and Conditions constitute the entire agreement between Lamus Design and the Client regarding the provision of services. They supersede any prior agreements, understandings, or representations, whether oral or written.

Acceptance
By engaging Lamus Design and making the required deposit, the Client acknowledges that they have read, understood, and agreed to these Terms and Conditions.