Digital Analytics - Terms of Use


THE USE OF THIS WEBSITE IS GOVERNED BY THE FOLLOWING TERMS OF USE:

Welcome to the website of digitalAnalytics. By continuing to browse and utilise our website, products, and services, you are acknowledging your agreement to abide by the following terms and conditions of use. These terms and conditions, along with our privacy policy, govern the relationship between you and digital Analytics regarding this website and our offerings. By accessing our website, you are acknowledging that you have read, understood, and agreed to the Terms of Use. If you do not agree to the terms and conditions of use, we kindly ask that you refrain from using digital Analytics' website, products, and services.

1. DEFINITIONS AND INTERPRETATIONS

1.1. The following terms shall have the meanings assigned to them hereunder, namely:

a. The term "digitalAnalytics" refers to Digital Analytics SA, a digital analytics desk of Geopolitical Intelligence (Pty) Ltd, which is registered under the number 2020786405/07.
b. "The client" refers to the individual or organization that enters into a contract with digital Analytics for the purpose of designing and maintaining websites, digital business cards, and Quick Response Codes (QR codes) that utilize artificial intelligence.
c. The term "parties" refers to digital Analytics and the client who has entered into an agreement with digital Analytics.
d. The term "products" refers to websites, digital business cards, and QR codes.
e. "Services" refers to both ad hoc and monthly support provided for product maintenance, as well as guidance to ensure compliance with privacy laws and regulations.

1.2. Words that refer to a specific gender will be understood to include all genders. Similarly, words that are in the singular form will also encompass the plural form, and vice versa. References to natural persons will include legal entities, and vice versa.

2. TERMS OF USE

2.1. The terms of the working relationship between digitalAnalytics and the client govern all projects or services that digital Analytics may be contracted to produce or provide. These terms of use apply to the relationship entered into between the parties.
2.2. By accepting a quotation issued by digital Analytics, the client acknowledges and agrees to abide by terms of use outlined herein.

3. COSTS

The standard professional fee per hour is R1,682 (DPSA).

3.1. Needs Analysis. Before providing a proposed or estimated cost for a project, digitalAnalytics will first make an effort to understand the clients' needs through a process known as Needs Analysis. The cost estimates are based on the understanding that the client will provide all the necessary content, text, images, videos, and relevant data required for the design of a product and delivery of the service. This includes a summary of the client's business operations.

3.2. Research and Design. In the event that a client is unable to provide a comprehensive project specification, digitalAnalytics reserves the right to invoice for the initial research and analysis necessary to ascertain the technical requirements essential for project completion. The research and analysis services will be charged according to the digital Analytics' standard professional fee per hour. 

3.3. Thirty-day Rule. The cost estimates provided by digitalAnalytics for the client's project specifications will be valid for acceptance within 30 days. digital Analytics accepts requests to amend cost estimates if the request is made within a 30-day period.
3.4. All cost estimates provided by digital Analytics are prepared based on the Needs Analysis of each project. Therefore, digital Analytics holds the right to revise any cost estimates in the event that the project's specifications change.

3.5. Commencement. DigitalAnalytics will not begin any project until it receives a formal acceptance in writing, either via email or WhatsApp message, as well as full payment for the project.

3.6. Confirmation of Order and Payment. On formally accepting a cost estimate issued by digitalAnalytics, the client shall be responsible for the total amount quoted, and digital Analytics will immediately issue a tax invoice for that amount to the client. Payment is to be made via electronic fund transfer or cash deposit into a bank account provided by digitalAnalytics. Once proof of payment has been received, digital Analytics will commence with the project. Halfway through the project lifespan, the first coding of the content will be available for the client's review online, followed by the cross-referencing of data by the parties as per the client's specifications.

3.7. Refund. In the event that the parties are unable to proceed with the project and digital Analytics has already started the project documentation or design, the client will be eligible for a refund of up to fifty percent (50%) of the amount paid.

4. PROJECT BRIEF AND SPECIFICATIONS

The client is solely responsible for providing a project brief that includes detailed, accurate, and concise specifications in a document such as a business or organisational profile. digital Analytics has the right to charge additional fees for profile development based on our standard hourly rate.

5. PROJECT PHASES

5.1. Every project will go through a series of phases, starting from its inception and continuing until it is commissioned. For each phase of the project, it is necessary to obtain a formal written acknowledgement of completion from the client. This can be done through email or WhatsApp. digitalAnalytics will require the client's approval of the previous phase before proceeding with the next phase of the project. digital Analytics reserves the right to pause the project until approval is received and will not be held responsible if the project's deadline is not met due to the client's delay to approve the previous phase.

5.2. Requests for alterations and additions can be made at any point during the development phase of a project. digital Analytics will assess whether these requests align with the original project brief and specifications. If the request goes beyond the original brief and specifications, digital Analytics reserves the right to provide a quote and bill for any work done in addition to the original amount quoted. digital Analytics will first obtain written approval from the client before starting any work.

5.3. We will test and optimise websites, digital business cards, and QR codes for compatibility with Firefox, Chrome, and Microsoft Edge. Internet Explorer 9 is not supported. Once coded, the final design may not be an exact replica of the approved design. This is because certain elements such as visual elements, design elements, font weight, and styling may undergo slight changes during the coding process where items may render differently in HTML compared to the signed off graphic.

6. HOSTING

6.1. digitalAnalytics can assist with web-hosting services at a prescribed monthly fee. In order to successfully complete the project, it is necessary for digital Analytics to have the correct File Transfer Protocol (FTP) details. In this regard, the client is responsible for ensuring that their hosting provider fully cooperates with digital Analytics. digital Analytics will not provide FTP details, database logins, or any other confidential information to any party without written instructions from the client or an authorized representative of the client. digital Analytics reserves the right to suspend the website, as well as any associated e-mails and tools used on the domain, if the client fails to pay for the domain hosting costs.

6.2. The client does not need to pay an extra fee for the coding of digital business cards and QR codes.

6.3. digitalAnalytics cannot be held responsible or liable for any financial loss suffered by a client due to technical difficulties or downtime experienced by their products, if it is determined that the hosting provider is the source of the problem.

7. INDEMNITY

7.1. The client indemnifies and discharges digital Analytics from all liability for any loss, damage, or expense incurred by or resulting from any event or condition outside of digital Analytics' reasonable control; or any disruption, outage, or lack of accessibility to any service or network infrastructure as a result of or due to any event or condition outside of digitalAnalytics' reasonable control.

8. INTELLECTUAL PROPERTY

8.1. The party who owns or holds intellectual property rights, including those obtained or developed after the start of this agreement, will continue to be the sole owner of those rights. This applies to any intellectual property rights held under a licensing agreement with an independent third party.

8.2. The client is not allowed to use any of the trademarks, logos, brand names, domain names, or other marks (referred to as "marks") of digital Analytics without obtaining prior written approval from digital Analytics. The client is granting digitalAnalytics a non-exclusive license to use the client's marks. This license is only applicable to the extent that digital Analytics needs to exercise its rights or fulfil its obligations under this agreement.

8.3. All work completed for the client as part of the project, including any copyright associated with the work, will be the sole property of digital Analytics. The work will remain on digital Analytics' servers until all payments have been made. For the final payments on all accounts, the client may request that digital Analytics cede and assign the copyright in the work done. digitalAnalytics is not responsible for any copyright infringements of content provided by the client. The client is responsible for providing original content, including written material, images and videos.

8.4. The client agrees to indemnify, hold harmless, and defend digitalAnalytics at its own expense against any and all claims for infringement of copyright, patents, trademarks, industrial designs, or other intellectual property rights issued under the laws of any country where:

a. the client provided the copyright, patents, trademarks, industrial designs, or other intellectual property.
the client explicitly or implicitly represented that the copyright, patents, trademarks, industrial designs, or other intellectual property belonged to it.
the client requested us to download, copy, access, or use the copyright, patents, trademarks, industrial designs, or other intellectual property.

8.5. The client also agrees not to provide us with any items or request us to download, access, copy, or use any items, such as images, software, computer code, and written material, unless it has the legal right to use those items for the purpose related to our work. 

9. PRIVACY

9.1. Both parties acknowledge that, in relation to these terms of use, each party may receive confidential or proprietary technical and business information and materials from the other party. This includes all artwork, concepts, sketches, visual presentations, or any other preliminary designs and documents.

9.2. Both parties, along with their agents and employees, are obligated to keep all confidential information strictly confidential. They are not allowed to share this information with any third party, nor can they use it for any purpose other than fulfilling their obligations under the agreement, unless required by a court of law or other competent authority. However, it is important to note that confidential information does not include any information that is already publicly available or becomes publicly known without any involvement or fault of the receiving partner.

9.3. Additionally, information received from a third party without any expectation of privacy is also not considered confidential.

10. WHOLE AGREEMENT

10.1. The client's agreement to abide by these terms of use will begin on the date they accept the costing estimates. It will remain in effect until the project is completed and delivered, or if the project is cancelled.

10.2. Either party may terminate the project by providing a written notice of 14 days. Alternatively, the project can be terminated at any time if both parties agree to it.

10.3. If the project is cancelled before completion, digital Analytics will be entitled to receive the payment for the work already completed on a pro rata basis. The measurement of progress will be based on the actual work completed and the number of hours dedicated to the project, which may vary from the initial cost estimates.

11. GOVERNING LAW

The laws of the Republic of South Africa shall govern and interpret these terms and conditions.

digitalAnalytics is a business intelligence unit within Geopolitical Intelligence (Pty) Ltd. We support business leaders in making strategic decisions that boost growth. As professionals, we act with integrity to provide innovative and relevant solutions to small and medium-sized businesses. 

© 2024 digitalAnalytics All Rights Reserved 

Get in touch

  • digital@giadvisory.org
    +27 (0) 12 004 2023

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