To view my other terms click on the tabs below to navigate between them for example “Copywriting”. If you would like a hard copy of any of the other terms, I can gladly send these to you on request. Alternatively please contact me if you have any questions. Please note that by working with Black Apple Studio you are also agreeing to and accepting all the terms on this page so please contact me if you have any queries before you consider working with me.

For ease of expression, Black Apple Studio CC. is referred to as “Black Apple Studio”, the Client is referred to as “the Client” and the full extent of the services and deliverable’s to be provided by Black Apple Studio and the Client are collectively referred to as “the Project”.

Project responsibility

  • Black Apple Studio and the Client acknowledge that the success of the Project is the joint responsibility of both parties. Failure by either party to fulfill its obligations may impact the other’s ability to meet its obligations on the Project;
  • Black Apple Studio and the Client recognise they must both use all reasonable endeavours to meet agreed deadlines;
  • Black Apple Studio may appoint sub-contractors to assist in meeting its obligations on the Project;
  • Black Apple Studio will agree with the Client its needs for appropriate involvement of Client personnel, reasonable working accommodation, communications and access to equipment.

Scope of project

  • The scope of the Project is described in the Memorandum (“the Invoice”) of Agreement. Although elements of the scope may necessarily change over time, Black Apple Studio will have no obligations to proceed with any change proposed by the Client until the cost and schedule impact has been agreed. Black Apple Studio will develop the cost and schedule impact of proposed changes within a reasonable period of receiving instructions from the Client. If the project is reliant on Client facilities, personnel or skills, Black Apple Studio reserves the right to treat absences of Client facilities, personnel or skills as a proposed change in scope even if caused by circumstances beyond the Client’s control.

Confidentiality

  • During the Project the Client is likely to have access to confidential information of Black Apple Studio, including (but not limited to) Black Apple Studio’s past, present and future research, development, business activities, products, services and technical knowledge. Similarly, Black Apple Studio is likely to have access to confidential information of the Client.
  • Accordingly, each party (“the Recipient”) agrees and undertakes in favour of the other party (“the Protected Party”) that the confidential information of the Protected Party may be used by the recipient only in connection with the Project and will be kept in the strictest confidence and will not be disclosed to any third party except with the prior signed written approval of the Protected Party or pursuant to an order, directive or subpoena issued by any competent court or authority. The Client agrees that the Memorandum of Agreement (including its annexes) constitutes confidential information of Black Apple Studio as contemplated in this paragraph.

Intellectual property rights

  • Black Apple Studio will retain the intellectual property rights and copyright of any work performed by its personnel, save for all such work as is paid for wholly and exclusively by the Client, and may retain such copies of outputs and deliverables as are necessary for its reference purposes. Black Apple Studio may re-use concepts and other outputs of the Project provided confidential information of the Client is safeguarded.

Remedies and liabilities

  • Black Apple Studio’s objective is to work with the Client to achieve the business objectives of the Project. If, in doing so, the Client suffers damages resulting from an act or omission of a Black Apple Studio director or employee, Black Apple Studio would recognise this as its responsibility, up to but not exceeding the amount of fees received from the Client for that phase of work.
  • The Client agrees that Black Apple Studio shall be given a reasonable opportunity to remedy any failure or shortcoming in the delivery of the services / deliverables to the Client notified to Black Apple Studio within six months of delivery. Black Apple Studio undertakes, at its expense, to use all reasonable efforts to implement such remedy as soon as reasonably possible after any such failure is reported to Black Apple Studio. Subject to the financial limits set forth above, the Client agrees that this provision is the exclusive remedy available to the Client in the event of any failure or shortcoming in the project.
  • Black Apple Studio shall not be liable for any indirect or consequential loss or damage of any kind under any circumstances including negligence (whether arising under contract, common law or otherwise) including but not limited to loss of profits, loss or corruption of data, loss of operation time or loss of contracts, whether caused by its directors, employees, agents or others for whom in law it may be liable.
  • Black Apple Studio’s liability under paragraphs 9 and 10 is in lieu of and to the exclusion of any warranty or term of any kind relating to the condition, performance, merchantability or fitness for purpose of the services or any deliverables.

Infringement and copyright

  • Black Apple Studio will defend, at its expense, a third party claim that any service or deliverable Black Apple Studio has provided infringes a South African copyright. In the event that any damages are finally awarded against the Client in respect of such a claim, these will be paid by Black Apple Studio. This indemnity will not apply if the infringement is the result of the Client modifying, misusing or providing deliverables or services to a third party or failure to use enhancements supplied by Black Apple Studio or information, documents, facilities or products which are supplied by the Client for the purposes of the Project. This indemnity constitutes the Client’s sole and exclusive remedy and the Black Apple Studio’s entire liability with respect to any deliverable or service infringing any third party rights.

Force majeure

  • Black Apple Studio will not be liable for any delay in performing or failure to perform its obligations if such failure or delay is as a result of causes outside its reasonable control.

Quality assurance

  • The Client agrees, if so requested by Black Apple Studio, to allow representatives of any organisation responsible for certifying standards of work access to the Client’s premises and to co-operate, so far as is reasonable, with such representatives.

Personnel

  • Black Apple Studio believes that a planned rotation of its personnel is in the Client’s best interests, both in terms of quality and cost management. Black Apple Studio reserves the right to meet its responsibilities through the allocation of appropriate available skilled personnel without a guarantee that specific individuals will be assigned.
  • In the event of the resignation of a Black Apple Studio or Client project team member who is a key resource on the Project, the respective employer will endeavour to replace that person within a reasonable time period or otherwise agree to a reallocation of resources or scope change to the Project.
  • Neither party shall for the duration of the Project, and for one year thereafter, employ any person engaged by the other in connection with the Project.

Termination of agreement

  • The Client may terminate or restrict Black Apple Studio’s services at any time in which case the Client will be liable for all work done at Black Apple Studio’s standard billing rates which may be higher than proposed rates contracted for the Project, since proposed rates will have included assumptions on the volume of work and levels of staffing at various stages. The Client will also be liable for any cancellation charges incurred by Black Apple Studio. Black Apple Studio may terminate its participation in the project if its fees remain unpaid for sixty (60) days or if the Client commits significant or repeated breach of agreement.
  • In the event that any proposed change of scope is as a result of circumstances beyond the Client’s control and the cost implication of the change of scope is, in the opinion of the Client, material, the Client may forthwith terminate or restrict Black Apple Studio’s services in which event the Client will be liable for all work done at the proposed rates contracted for the project.

Payment

  • The economics of Black Apple Studio’s proposal are based on timeous payment of invoices to balance expenditures on salaries and office costs. As a consequence, all invoices for fees and expenses will be payable monthly on presentation or as scheduled in the Memorandum of Agreement. Any sum which remains outstanding beyond ten (10) days will bear interest from the date of presentation until paid in full. This interest will be at the then current Standard Bank Prime Rate compounded monthly.

Black Apple Studio reserves the right to change the terms, conditions, and notices under which Black Apple Studio website is offered, including but not limited to the charges associated with the use of Black Apple Studio website.

Agreement between user and Black Apple Studio

Black Apple Studio website is comprised of various web pages operated by Black Apple Studio. Black Apple Studio website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. your use of Black Apple Studio website constitutes your agreement to all such terms, conditions, and notices.

Links to third party sites

Black Apple Studio website may contain links to other websites (“linked sites”). The linked sites are not under the control of Black Apple Studio and Black Apple Studio is not responsible for the contents of any linked site, including without limitation to any link contained in a linked site, or any changes or updates to a linked site. Black Apple Studio is not responsible for webcasting or any other form of transmission received from any linked site. Black Apple Studio is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Black Apple Studio of the site or any association with its operators.

No unlawful or prohibited use

As a condition of your use of Black Apple Studio website, you warrant to Black Apple Studio that you will not use Black Apple Studio website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use Black Apple Studio website in any manner which could damage, disable, overburden, or impair Black Apple Studio website or interfere with any other party’s use and enjoyment of Black Apple Studio website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through Black Apple Studio websites.

Use of communication services

Black Apple Studio website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “communication services”), you agree to use the communication services only to post, send and receive messages and material that are proper and related to the particular communication service. by way of example, and not as a limitation, you agree that when using a communication service, you will not:

  • Defame abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such communication service specifically allows such messages.
  • Restrict or inhibit any other user from using and enjoying the communication services.
  • Violate any applicable laws or regulations.
  • Violate any code of conduct or other guidelines which may be applicable for any particular communication service.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Download any file posted by another user of a communication service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all consent.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Surveys, contests, pyramid schemes or chain letters.

Black Apple Studio has no obligation to monitor the communication services. However, Black Apple Studio reserves the right to review materials posted to a communication service and to remove any materials in its sole discretion. Black Apple Studio reserves the right to terminate your access to any or all of the communication services at any time without notice for any reason whatsoever. Black Apple Studio reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Black Apple Studio’s sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any communication service. Black Apple Studio does not control or endorse the content, messages or information found in any communication service and, therefore, Black Apple Studio specifically disclaims any liability with regard to the communication services and any actions resulting from your participation in any communication service. Managers and hosts are not authorized Black Apple Studio spokespersons, and their views do not necessarily reflect those of Black Apple Studio. Materials uploaded to a communication service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Materials provided or posted to Black Apple Studio

Black Apple Studio does not claim ownership of the materials you provide to Black Apple Studio (including feedback and suggestions) or post, upload, input or submit to any Black Apple Studio website or its associated services (collectively “submissions”). however, by posting, uploading, inputting, providing or submitting your submission you are granting Black Apple Studio, its affiliated companies and necessary sublicensees permission to use your submission in connection with the operation of their internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submission; and to publish your name in connection with your submission. No compensation will be paid with respect to the use of your submission, as provided herein. Black Apple Studio is under no obligation to post or use any submission you may provide and may remove any submission at any time in Black Apple Studio’s sole discretion. By posting, uploading, inputting, providing or submitting your submission you warrant and represent that you own or otherwise control all of the rights to your submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the submissions.

Liability disclaimer

The information, software, products, and services included in or available through Black Apple Studio website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Black Apple Studio and/or its suppliers may make improvements and/or changes in Black Apple Studio website at any time. Advice received via Black Apple Studio website should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation. Black Apple Studio and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on Black Apple Studio website for any purpose. to the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. Black Apple Studio and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by applicable law, in no event shall Black Apple Studio and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of Black Apple Studio website, with the delay or inability to use Black Apple Studio website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through Black Apple Studio website, or otherwise arising out of the use of Black Apple Studio website, whether based on contract, tort, negligence, strict liability or otherwise, even if Black Apple Studio or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. if you are dissatisfied with any portion of Black Apple Studio website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using Black Apple Studio website service contact: ruoall@blackapplstudio.co.za

Termination/access restriction

Black Apple Studio reserves the right, in its sole discretion, to terminate your access to Black Apple Studio website and the related services or any portion thereof at any time, without notice. General to the maximum extent permitted by law, “these terms and conditions will be governed by, and construed in all respects in accordance with the laws of South Africa, and subject to the exclusive jurisdiction of the South African courts in all disputes arising out of or relating to the use of Black Apple Studio website. Use of Black Apple Studio website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Black Apple Studio as a result of this agreement or use of Black Apple Studio website. Black Apple Studio’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Black Apple Studio’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of Black Apple Studio website or information provided to or gathered by Black Apple Studio with respect to such use. if any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Black Apple Studio with respect to Black Apple Studio website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Black Apple Studio with respect to Black Apple Studio website. a printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. it is the express wish to the parties that this agreement and all related documents be drawn up in English.

Trademarks

The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. no association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.

 

The following will not be endorsed by Black Apple Studio:

  • Adult/pornographic content, services and products.
  • Illegal: firearms, ammunition, replicas, militaria, weapons and knives.
  • Human parts and remains.
  • Illegal drugs & paraphernalia.
  • Unauthorized copies, copyright violations, plagiarised material.
  • Psychic readings, palm readers, sorcery, black magic and divination’s.
  • Photos without permission or knowledge.
  • Offensive material.

User responsibilities

Customers are responsible for any misuse of company’s services that occurs through the customer’s account. It is the customer’s responsibility to ensure that unauthorised persons do not gain access to or misuse Black Apple Studio’s service. Black Apple Studio urges customers not to reply to unsolicited mail or “spam”, not to click on any suggested links provided in the unsolicited mail. Doing so remains the sole responsibility of the customer and Black Apple Studio cannot be held liable for the customer being placed on any bulk mailing lists as a result. Where the customer has authorised a minor to use any of Black Apple Studio’s services or access its websites, you accept that as the parent/legal guardian of that minor, you are fully responsible for: the online conduct of such minor; controlling the minor’s access to and use of any services or websites; and the consequences of any misuse by the minor, including but not limited to transactions entered into by the minor using such access. Black Apple Studio cannot be held liable for any business dealings you have with any third parties on the internet, including any vendors, or advertisers found on, or through, Black Apple Studio network. Further, Black Apple Studio assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable customs and exchange control laws in connection with any such transactions shall be the customers.

Reservation and non-waiver of rights

Black Apple Studio reserves the right to amend or alter this policy at any time, and without notice to you. Black Apple Studio reserves the right to take action against any individuals, companies or organizations that violate any of the prohibited activities set out herein, or engage in any illegal or unlawful activity while accessing our services, to the fullest extent of the law. Black Apple Studio reserves the right, at its sole discretion, to act against other types of abuse not listed in this document and to investigate or prevent illegal activities being committed over our network. Black Apple Studio reserves the right to monitor user and network traffic for site security purposes and prevent any unauthorised attempts to tamper with our site or cause damage to our property. Black Apple Studio reserves the right to suspend, revoke or cancel Black Apple Studio’s services to the customer/user if the safety and integrity of Black Apple Studio’s resources are placed at risk in continuing to provide service to the subscriber/user. Black Apple Studio reserves the right to remove any information or materials in whole or in part, that, in Black Apple Studio’s sole discretion, is deemed to be offensive, indecent, or otherwise objectionable. Black Apple Studio does not undertake to guarantee the security of any data passing through its networks. Although Black Apple Studio will provide a “best effort” service, including regular updates on computer viruses and other threats to security of data, it is the responsibility of the communicating parties to safeguard their data, and Black Apple Studio cannot be held liable for any loss or damage arising as result of the failure to do so.

Website Design Project Outline

To keep your project running on time please read and adhere to the “Life Cycle of a Website Design Project”. Black Apple Studio assumes no responsibility for clients failure to do so.

Steps marked in orange only apply to clients making use of Black Apple Studio’s copywriting services. Clients who are not making use of this service may ignore these steps.
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  • Deposit Due
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    a) A deposit of 50% of the total fee is due before any work will commence.
    .
  • Project Questionnaire
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    a) Upon receipt of the proof of payment of the deposit, Black Apple Studio Project Manager will forward the client 3 theme options and a link to a project questionnaire. Please take the time to fill out the questionnaire in as much detail as possible as this will help with the creation of the website. The client must also select 1 of the 3 themes. Please be sure that the chosen theme suits the website needs as this cannot be changed at a later stage.
    .
    b) The questionnaire and chosen theme must be submitted within 5 working days of receiving the link from the Project Manager.
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    c) My themes come with varied functionality. If at any stage of the project the client requests integration that is not incorporated in the chosen theme additional setup costs will incur to the client.
    .
    d) Should the client wish to make use of Black Apple Studio’s copywriting services project timelines will be affected and additional project steps will apply. In this document these steps will be marked in orange. Please be aware of these additional steps throughout this document. Clients who are not making use of this service may ignore these steps.
    .
  • Specifications and Meeting
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    a) A meeting will be set between the client and a designer from Black Apple Studio in order to discuss the project.
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    b) As a copywriter I will be present at this meeting. The client and copywriter will compile a project brief together in this meeting. The copywriter will assess the project and set a timeline.
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    c) Minutes will be taken at this meeting and forwarded to the client via e-mail. The client must reply to this e-mail, approving the minutes in order for the project to proceed.
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  • First Revision – Copywriting
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    COPYWRITING WILL NOT COMMENCE UNTIL A 50% DEPOSIT OF THE COPY FEE HAS BEEN PAID AND THE COPYWRITER HAS RECEIVED ALL CONTENT THAT MAY HAVE BEEN REQUESTED FROM THE CLIENT, PERTAINING TO THE COPY.
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    a) A first revision will be compiled according to the brief and sent to the client for review.
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  • Client Review – Copywriting
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    a) The client will have 5 working days to review the copy.
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    b) Changes must be requested by using the ‘comment’ feature within the Word Document sent to the client by the copywriter.
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    c) The client accepts that by not communicating with Black Apple Studio during the review period, Black Apple Studio will accept the client’s silence as agreement to a finished product. In which case 50% of payment must be made by the client.
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  • Second Revision – Copywriting
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    a) A second revision will be compiled according to changes outlined by the client from revision 1. Revision 2 will be sent to the client for review.
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  • Client Review (2) – Copywriting
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    a) The client will have 5 working days to review the copy.
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    b) Changes must be requested by using the ‘comment’ feature within the Word Document sent to the client by the copywriter.
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    c) This is the final opportunity in which the client is entitled to changes.
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    d) The client accepts that by not communicating with Black Apple Studio during the review period, Black Apple Studio will accept the client’s silence as agreement to a finished product. In which case 50% of payment of the copy fee must be made by the client.
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  • Final Revision – Copywriting
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    a) The final revision will be complied based on the requested changes from revision
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    b) The client will only receive the final revision once Black Apple Studio has received proof of payment of the remaining 50% of the copy fee.
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    c) Should the client request further changes to the copy, the current hourly fee will apply.
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  • Website Development
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    a) Once a theme is chosen, all content is received, the questionnaire has been completed and the client has met with the applicable parties from Black Apple Studio, the project will be assessed by Black Apple Studio and the client will be provided with a time frame in which the first draft will be developed and produced.
    .
    Black Apple Studio WILL NOT COMMENCE WEBSITE DESIGN OR DEVELOPMENT UNTIL STEPS 1-8 HAVE BEEN COMPLETED AND RECEIVED BY THE PROJECT MANAGER.
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  • First Draft
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    a) The first draft will be a complete product based on the chosen theme, initial project questionnaire and presented copy (from the client or copywriter).
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    b) Once Black Apple Studio has compiled the first draft it will be sent to the client for revision.
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  • Revision 1
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    a) Once the client has been sent the first draft s/he has 5 working days to review the draft and request changes.
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    b) Changes may ONLY be requested in one of two ways. By completing the Website Revision Form and e-mail the Website Revision Form to Black Apple Studio, or, by meeting with a member of Black Apple Studio to discuss your revision. During this meeting, the Website Revision Form must be completed and agreed upon. We strongly recommended meeting with us.
    .
    c) Please note that the Website Revision Form will be considered the complete brief for the first revision, so it is important that you include all of the updates / changes in detail. Your document should be sectioned into pages, as per your website pages.
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    d) The client accepts that by not communicating with Black Apple Studio during the revision period, Black Apple Studio will accept the client’s silence as agreement to a finished product. In which case 40% of payment must be made by the client.
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  • Revision 2
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    a) Once the client has been sent Revision 1 /he has 5 working days to review the draft and request changes.
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    b) Changes may ONLY be requested in one of two ways. By completing the Website Revision Form and e-mail the Website Revision Form to Black Apple Studio, or, by meeting with a member of Black Apple Studio to discuss you revision. During this meeting, the Website Revision Form must be completed and agreed upon. Please ensure you include any changes you may wish to make as this is your last opportunity to do so, provided for in your quote. We strongly recommended meeting with us.
    .
    c) Please note that the Website Revision Form will be considered the complete brief for the second revision, so it is important that you include all of the updates / changes in detail. Your document should be sectioned into pages, as per your website pages.
    .
    d) The client accepts that by not communicating with Black Apple Studio during the revision period, Black Apple Studio will accept the client’s silence as agreement to a finished product. In which case 40% of payment must be made by the client.
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  • Additional Revisions
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    a) Revision 2 will be considered the final draft, unless additional revisions are requested.
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    b) Additional revisions will be quoted separately from the initial quotation. Work will only commence once the quote has been formally accepted.
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    c) Please note that additional revisions will only be undertaken once the invoice for revision one and two has been settled. Additional revisions will be considered a new project.
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  • Final Draft
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    a) The client is sent the final draft along with a second invoice of 40% of the total fee.
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  • Going Live – The Final Product
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    a) The website will be taken live. Once it has checked and confirmed to be fully functional the client will receive an invoice for the final 10% payment.
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    b) In order for a website to be taken live the client must have a registered domain and a working hosting environment. This can be obtained through Black Apple Studio (partnered with Go Daddy) at https://blackapplestudio.co.za/products/wordpress or alternatively, another service provider. Should the client choose to host through Black Apple Studio, once the signing up process and purchase of product has been completed, Black Apple Studio can take the website live.
    Should the client wish to use another service provider Black Apple Studio will require Cpanel/FTP details – the client can obtain these from their service provider. Additionally, clients will need to ensure that the service provider has set up MySQL database before Black Apple Studio can take the site live.
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    c) Only upon settlement of the full fee will the client be sent his/her login details
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    d) Receipt of the final 10% marks the project complete. The website is now a live, complete and working final product.
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  • Additional Changes
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    a) Any additional changes or modifications the client would like Black Apple Studio to implement to the live website will be charged at the current hourly rate. The changes will fall into a new working cycle as they are considered a new project and will need to be processed through the maintenance ticketing system.
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  • Training
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    a) Once the website has been taken live the client is entitled to a free 30 minute training session on ‘how to update and maintain’ their website moving forward.
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    b) If the client requests further training Black Apple Studio consulting fee will be charged per 30 minutes thereafter.
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    c) All training is done at Black Apple Studio offices or via Skype.
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  • Improvement, development and maintenance
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    a) Should the client wish to improve their online presence, please browse the online marketing solutions under the marketing tab at www.blackapplestudio.co.za
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    b) Should the client require Black Apple Studio to maintain their website an hourly fee will be charged through Black Apple Studio’s maintenance system.
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    The client needs to accept the quotation before any work will commence.
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    Payment is to be paid in FULL after all changes are completed.
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    Any changes or updates requested that take up to 4 hours to implement from our end have a turnaround time of up to 3 working days;
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    Any updates that exceed 4 hours will have an added turnaround time of 1 working day per 2 hours. We understand that majority of updates or changes are urgent so we therefore will try our best to prioritise these changes or updates.
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    Should a Client choose to maintain their own website, Black Apple Studio cannot be held responsible if anything breaks during content updates, plugin additions as well as theme updates. This also pertains to anything that the Client has chosen to edit without our knowledge and/or approval. Alternatively feel free to get Black Apple Studio to maintain your website at our hourly rate. If you choose to update your own website and in rare cases the website does break and is unfixable we can always restore a previous backup for you upon your request.

General Project Terms

  • Themes, Plugins & Software
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    a) Black Apple Studio builds their websites using the open source content management system (CMS) called WordPress, we are then obligated to abide by their terms of use which means if you choose to use Black Apple Studio’s services you accept these terms and warrant that Black Apple Studio will not be responsible for any damages or faulty software from WordPress.org.
    .
    b) Black Apple Studio also builds their websites using premium third party themes and plugins, using reputable companies such as Themeforest or Codecanyon. Although these companies are trustworthy and meet current website standards, we cannot be responsible for any broken, faulty or damaged themes or plugins as we have no control over any third party software and or products.
    .
  • Viruses & Outdated Websites
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    a) Black Apple Studio takes all the security precautions on our Clients websites and includes the relevant security plugins as well as keeps its servers secure wherever possible. However we cannot guarantee the prevention of hacks, viruses or unexpected data deletion and cannot be held liable for any such damages as a result.
    .
    b) Black Apple Studio cannot be responsible for any websites that have stopped working or have become faulty over time due to the website becoming “outdated”. Outdated websites can be affected due to many aspects, such as new browser software, outdated web code, etc. Black Apple Studio cannot be expected to keep your website updated in every aspect without being compensated to do so. In this situation the Client may opt to have their website redeveloped.
    .
  • Refunds
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    a) Should a client request their 50% deposit be returned within 5 working days of payment, and no longer require Black Apple Studios services, Black Apple Studio will gladly process the refund. Deductions may apply for resources already spent on the project.
    .
    b) If 5 working days have passed since payment, Black Apple Studio will not process refunds.

Black Apple Studio is committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience. This Statement of Privacy applies to the Black Apple Studio website and governs data collection and usage. By using the Black Apple Studio website, you consent to the data practices described in this statement.

Collection of your personal information

Black Apple Studio collects personally identifiable information, such as your e-mail address, name, home or work address or telephone number. Black Apple Studio also collects anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, interests and favorites. There is also information about your computer hardware and software that is automatically collected by Black Apple Studio. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used by Black Apple Studio for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Black Apple Studio website. Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through Black Apple Studio public message boards, this information may be collected and used by others. Note: Black Apple Studio does not read any of your private online communications. Black Apple Studio encourages you to review the privacy statements of websites you choose to link to from Black Apple Studio so that you can understand how those websites collect, use and share your information. Black Apple Studio is not responsible for the privacy statements or other content on websites outside of the Black Apple Studio and Black Apple Studio family of websites.

Use of your personal information

Black Apple Studio collects and uses your personal information to operate the Black Apple Studio website and deliver the services you have requested. Black Apple Studio also uses your personally identifiable information to inform you of other products or services available from Black Apple Studio and its affiliates. Black Apple Studio may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered. Black Apple Studio does not sell, rent or lease its customer lists to third parties. Black Apple Studio may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. In addition, Black Apple Studio may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Black Apple Studio, and they are required to maintain the confidentiality of your information. Black Apple Studio does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent. Black Apple Studio keeps track of the websites and pages our customers visit within Black Apple Studio, in order to determine what Black Apple Studio services are the most popular. This data is used to deliver customized content and advertising within Black Apple Studio to customers whose behavior indicates that they are interested in a particular subject area. Black Apple Studio websites will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Black Apple Studio or the site; (b) protect and defend the rights or property of Black Apple Studio; and, (c) act under exigent circumstances to protect the personal safety of users of Black Apple Studio, or the public.

Security of your personal information

Black Apple Studio secures your personal information from unauthorized access, use or disclosure. Black Apple Studio secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.

Use of Cookies

The Black Apple Studio website use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize Black Apple Studio pages, or register with Black Apple Studio site or services, a cookie helps Black Apple Studio to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Black Apple Studio website, the information you previously provided can be retrieved, so you can easily use the Black Apple Studio features that you customized. You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Black Apple Studio services or websites you visit.

Changes to this statement

Black Apple Studio will occasionally update this Statement of Privacy to reflect company and customer feedback. Black Apple Studio encourages you to periodically review this Statement to be informed of how Black Apple Studio is protecting your information.

Contact information

Black Apple Studio welcomes your comments regarding this Statement of Privacy. If you believe that Black Apple Studio has not adhered to this Statement, please contact Black Apple Studio at ruoall@blackapplestudio.co.za. We will use commercially reasonable efforts to promptly determine and remedy the problem.

Copy Writing Life Cycle

  • You will receive a quote from Black Apple Studio.
  • 50% deposit due.
  • Meeting with Black Apple Studio copywriter to conceptualize and create a timeline for your project.
  • 1 Page sample provided to you for review. (At this point you are looking at the overall writing style and tone.)
  • Your comments and requested changes will be addressed.
  • Revision 1 provided to you for review. (At this point you are looking at the flow of writing, inclusivity and accuracy of information and general improvements)
  • Your comments and requested changes will be addressed.
  • Revision 2 provided to you for review. (This is your final opportunity to make changes. At this point you want to fine tune and point out anything that bothers you about the copy.)
    Please Note: Any changes requested past this point in the process will be charged to you per hour. We will notify you before doing work that will incur an extra cost.
  • Final changes will be made according to your request.
  • 50% remaining fee due.
  • Final copy will be handed over after full payment is made.

Please Note

  • If you require copy to be written according to a style guide other than the Associated Press Style Book, this must be clearly stated in your first meeting me. It is the client’s responsibly to provide any company specific style guides that may be needed. In the event that the client should fail to produce a copy of the required style guide, copy will be written according to the Associated Press Style Book.
    Project timeline will vary according to project size and complexity.
    This Life Cycle does not apply to monthly blog posts, articles, or copy shorter than 200 words.

Google Ads

  • Monthly invoices will be issued on the 25th of the previous month and need to be paid by the 10th of the current month. Failure to do so may result in the client’s Google Ads account running out of budget. The Web Shack will not add any budget to a client’s account until payment has been made in full.
  • 1 calendar month notice need to be given in writing to The Web Shack should you wish to terminate.
  • Hours will be managed and assigned as The Web Shack deems appropriate unless otherwise requested by the client.
  • Should the client request additional hours, a quotation will be sent before any work will be undertaken.
  • The Web Shack reserves the right to reasonably deem what Google Ads activities are advisable and/or urgent based on their professional opinion.

Search Engine Optimization (SEO)

  • Monthly invoices are to be paid within the first week of each month.
  • 1 calendar month notice need to be given in writing to The Web Shack should you wish to terminate.
  • In order to use our monthly SEO service your website needs to be built in WordPress.
  • Some SEO activities may be forbidden by your host. The Web Shack will not undertake these activities. It is the responsibility of the client to be aware of the restrictions of their hosting provider.
  • Hours will be managed and assigned as The Web Shack deems appropriate unless otherwise requested by the client.
  • Should the client request additional hours, a quotation will be sent before any work will be undertaken.
  • The Web Shack reserves the right to reasonably deem what SEO activities are advisable and/or urgent based on their professional opinion.
  • SEO of individual products for e-commerce websites will be undertaken as a long term task.

Social Media Life Cycle

  • Monthly invoice needs to be paid in FULL before The Web Shack will commence any social media work. Invoices need to be settled within the first week of each month.
  • Should the client wish, they may arrange a meeting at this time to discuss ideas. All meetings are to be held at The Web Shack offices.
  • 1 calendar month notice need to be given in writing to The Web Shack should you wish to terminate.
  • Once payment is made, please allow for a two week lead period. In this time our digital marketing strategists will design content.
  • The date of the first scheduled post will be dependent on the date that The Web Shack receives first proof of payment in full. This will be discussed in further detail between The Web Shack and the client once first payment is made, via e-mail.
  • All prepared content and posts must be approved by the client BEFORE scheduling.

Google Ads

  • Monthly invoices will be issued on the 25th of the previous month and need to be paid by the 10th of the current month. Failure to do so may result in the client’s Google Ads account running out of budget. Black Apple Studio will not add any budget to a client’s account until payment has been made in full.
  • 1 calendar month notice need to be given in writing to Black Apple Studio should you wish to terminate.
  • Hours will be managed and assigned as Black Apple Studio deems appropriate unless otherwise requested by the client.
  • Should the client request additional hours, a quotation will be sent before any work will be undertaken.
  • Black Apple Studio reserves the right to reasonably deem what Google Ads activities are advisable and/or urgent based on their professional opinion.

Search Engine Optimization (SEO)

  • Monthly invoices are to be paid within the first week of each month.
  • 1 calendar month notice need to be given in writing to Black Apple Studio should you wish to terminate.
  • In order to use our monthly SEO service your website needs to be built in WordPress.
  • Some SEO activities may be forbidden by your host. Black Apple Studio will not undertake these activities. It is the responsibility of the client to be aware of the restrictions of their hosting provider.
  • Hours will be managed and assigned as Black Apple Studio deems appropriate unless otherwise requested by the client.
  • Should the client request additional hours, a quotation will be sent before any work will be undertaken.
  • Black Apple Studio reserves the right to reasonably deem what SEO activities are advisable and/or urgent based on their professional opinion.
  • SEO of individual products for e-commerce websites will be undertaken as a long term task.

Social Media Life Cycle

  • Monthly invoice needs to be paid in FULL before Black Apple Studio will commence any social media work. Invoices need to be settled within the first week of each month.
  • Should the client wish, they may arrange a meeting at this time to discuss ideas. All meetings are to be held at Black Apple Studio offices.
  • 1 calendar month notice need to be given in writing to Black Apple Studio should you wish to terminate.
  • Once payment is made, please allow for a two week lead period. In this time our digital marketing strategists will design content.
  • The date of the first scheduled post will be dependent on the date that Black Apple Studio receives first proof of payment in full. This will be discussed in further detail between Black Apple Studio and the client once first payment is made, via e-mail.
  • All prepared content and posts must be approved by the client BEFORE scheduling.