Terms and Conditions of The First Step

These terms and conditions cover any web design, hosting, support and related products and services provided by The First Step.

Please note the terms may change from time to time and can be accessed from the Terms and Conditions page on our website. We always have the best interests of our clients at heart. If you are a new client please sign up with us and complete the Client Information Sheet. After accepting the terms on our client-information sheet a copy of the terms as at the time you agreed to them will be mailed to you.

We really appreciate your business.

The First Step.

Hosting and Domain Terms and Conditions

Once you have read the terms and conditions please accept the terms before making final payment.

Please note these terms may change marginally from time to time.

Terms and Meaning

The First Step refers to the sole proprietorship of the web development and web hosting business, and all it’s participants, including the owner, Tamsin Hall.

Hosting and development Terms and Conditions:

The First Step hosts all our sites. We do not develop websites that are not managed and run on our own servers. If the domain is not hosted by The First Step arrangements can be made that they be hosted elsewhere but standard procedure is for The First Step to manage all our client’s domains as well.

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Website and Domain Hosting Terms and Conditions

These terms and conditions (“Agreement”) govern your use of our website and domain hosting services (“Services”). Please read this Agreement carefully before using our Services. By using our Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree with any part of this Agreement, you must not use our Services.

  1. Definitions

1.1. “We,” “us,” or “our” refers to The First Step sole propriotorship, the provider of the Services. 1.2. “You” or “your” refers to the user of the Services.

  1. Service Description

2.1. We offer website and domain hosting services, which include but are not limited to, storing website files, providing access to website files via the internet, and managing domain registrations and renewals. 2.2. The Services are provided on an “as is” and “as available” basis. We make no warranties, express or implied, regarding the availability, reliability, or suitability of the Services for any purpose.

  1. Account Setup

3.1. To use our Services, you must create an account by providing accurate and complete information.

3.2. You are responsible for maintaining the confidentiality of your account login details. Any activity that occurs under your account is your responsibility.

3.3. You agree to provide accurate and up-to-date contact information to ensure effective communication between us.

  1. Payment and Billing

4.1. You agree to pay the fees associated with the Services as set forth on our website or as agreed upon separately.

4.2. All fees are due in advance and are non-refundable, unless otherwise stated.

4.3. Failure to pay fees may result in the suspension or termination of your Services. 4.4. You are responsible for any taxes or additional charges imposed on the Services.

  1. Content and Usage

5.1. You are solely responsible for the content you store or transmit through our Services.

5.2. You must comply with all applicable laws and regulations regarding the content you publish on your website.

5.3. You agree not to use our Services for any illegal, harmful, or offensive activities, including but not limited to the transmission of viruses or malware.

5.4. We reserve the right to suspend or terminate your Services if we determine that your use of the Services violates this Agreement.

  1. Intellectual Property

6.1. You retain ownership of all intellectual property rights in the content you publish on your website.

6.2. By using our Services, you grant us a non-exclusive, worldwide, royalty-free license to host, reproduce, and distribute your content solely for the purpose of providing the Services.

6.3. We respect the intellectual property rights of others and expect you to do the same. If you believe that your intellectual property rights have been infringed upon, please contact us immediately.

  1. Termination

7.1. Either party may terminate this Agreement at any time by providing written notice to the other party.

7.2. Upon termination, you will no longer have access to the Services, and we may delete all your data stored on our servers, unless otherwise required by law.

7.3. Termination of the Services will not relieve you of any outstanding payment obligations.

  1. Limitation of Liability

8.1. We shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with the use of our Services.

8.2. We do not warrant that the Services will be error-free, secure, or uninterrupted.

8.3. Our maximum liability to you, whether in contract, tort (including negligence), or otherwise, shall not exceed the amount paid by you for the Services during the six (6) months preceding the event giving rise to the claim.

  1. Indemnification

9.1. You agree to indemnify, defend, and hold us harmless from and against any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with your use of the Services, your violation of this Agreement, or the infringement of any intellectual property or other rights of any third party.

  1. Amendments

10.1. We reserve the right to modify or amend this Agreement at any time by posting the revised version on our website or by notifying you via email.

10.2. Your continued use of the Services after any modification or amendment constitutes your acceptance of the revised Agreement.

  1. Governing Law and Jurisdiction

11.1. This Agreement shall be governed by and construed in accordance with the laws of South Africa, without regard to its conflict of laws principles. 11.2. Any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of South Africa.

  1. Severability

12.1. If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect to the maximum extent permitted by law.

  1. Entire Agreement

13.1. This Agreement constitutes the entire agreement between you and The First Step sole proprietorship regarding the Services and supersedes all prior agreements, understandings, or representations, whether oral or written.

  1. Contact Information

14.1. If you have any questions or concerns regarding this Agreement or our Services, please contact us through our website contact form or via Whatsapp on 0027 72 412 6080.

By using our Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement.

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Website Design related services:

Note that website design/development quotes are a fair and close estimate but should there be additional time/content required to complete the process or additional features and customization required the invoice will be adjusted accordingly and you will be advised in advance.

Please note that in order for the web development work to be completed within the recommended time-frame of 3/6 weeks and within the estimated quotation amount, content must be provided timeously. Completion time is approximately 3 weeks from the developer’s side after receipt of a 50% deposit, delivery of all client content for the development of the website and completion of the Client Information Sheet. This is for small sites with a few pages. For large sites or e-commerce websites with lots of data or transfer of major content  from an old site to a new site the completion time will depend on the size of the site and the amount of data to transfer.

Please note that should delays be on the client’s side invoicing for work completed to date will be sent at the end of the 3/6 week period regardless of final approval or completion. Thereafter an hourly rate will apply in order to complete the project. This is only applied in extreme circumstances and as a last resort to avoid the project losing momentum. Your website and its development is a creative and technical process and in order to offer the best service possible resulting in a superb website both the client and the developer need to be actively participating in the development process, providing content and responding to emails and requests efficiently in order to manage the time-frame allotted for each project. Delays will also result in other projects taking priority as per their scheduled and booked time frame.

Once the template has been configured as per client brief, 3 changes will be allowed to colors, font, and styling and thereafter an hourly rate will apply to additional changes. Note that once the template is configured major changes to template structure will be charged for separately.

Included in your Quotation

Included in the quotation is the balance of your first month of hosting, setup and configuration of your WordPress installation, Styling and configuration of the WordPress Template (please refer to your quotation to see how many hours of customization are included in the quote and which hourly rate thereafter applies to you). Your website will be linked to Google analytics and Google Search Console to ensure that you receive notifications from Google as to whether your site is running optimally or not. Any errors and improvements recommended by Google linked services are not within the scope of your website development. Best Google practices for WordPress website setup are adhered to but please note that website speed optmization, a major Google ranking factor, is a separate service and any related errors that Google may notify you about with regards optmization willl not be included in the development of your website but may be quoted for seperately. This also does not include amendments that Google may recommend from time to time that affect your site in Google searches. Please note that training on running an commerce site is more complicated and an hourly rate will apply.

Not Included in your Quotation

Future training on running your WordPress website. Any management or updates to your E commerce Shop. Additional functionality such as Event Plugins, Forums and major features. Changes to layout of the template structure and styling already signed off on in the original design. Cleaning up of a major website hack. Changes to core code and structure of the website or fixing of faulty plugins or troubleshooting of faulty plugins or plugin conflicts caused by upgrades to the WordPress core, template or plugins, conflicts caused by server related upgrades/updates. Changes to the website required to maintain good rankings in Google which may be recommended from time to time by Google Webmaster Central may be quoted for separately. Website Speed Optimization and SEO  are not included.

Included in your maintenance plance

Please see specific maintenance plans for more details: Depending on which hosting or maintenance plan you choose you will receive hosting only support or basic website and hosting support.
Basic website support via email. This is not the same as training, but may include reminders on how to do Basic WordPress functions already covered in your Skype training. Resetting your password logins and basic reminders on managing the dashboard. The following is also included in your website maintenance if you choose a  website maintenance package: Minor website Changes to color, font, amendments to menu items. Re-arranging of widgets, addition of footer texts or links.

Graphic Design

This price is an estimate for the design of your business logo, website icons, custom graphics. This can be used in your website banner and business cards. Based on your brief you will be provided with a sample, 3 changes are allowed, thereafter an hourly rate will apply. All graphic work will be provided in high resolution for use with other branding campaigns.

If you are providing your own graphics please ignore the above.

E commerce Websites

With all e-commerce sites, the basic structure of your eEcommerce shop will be setup so that you can view layout and test the e-commerce features and categories and initial product uploads will be done as part of the setup and as per your quotation. You will be trained on uploading your products and if you have over a certain number of products and you do not wish to upload them yourself an hourly rate will apply for product uploads.

Products should be provided in an xml sheet with all variations, costs, product sku and product images and an example sheet will be provided to show you how to set this up. You will need an account with a payment gateway of your choice and if you are shipping products you will need to integrate your Ecommerce shop with a shipping module. All this will be explained during the setup process.

Please note that your ecommerce shop is an ongoing process and from time to time you will need further assistance in the setup of your shop, changes, updates to woocommerce template features, additions or premium features and more. These will be charged for as and when required.

Very Important Note

Please remember that your website is an organic and evolving entity and therefore will require more than the initial setup to maintain. Expect from time to time that you will need to update the look of your site, or the layout, to help with your Google rankings. Google, WordPress and the WordPress plugins change their security, functionality and other parameters constantly and therefore you will need to keep up with the changes if you want your site to remain a secure and welcoming home to your business on the internet.

NB: In the unlikely event that your Website Completion date runs over the allotted 3/6 weeks due to delays in content delivery and approval on the client side, the balance of the invoice will be payable at the end of this period and thereafter an hourly rate will apply. Your website will also start at the end of the queue where it began to give priority to website that are keeping up with the development process.

This footnote is only a last resort and we would hate to have to implement this. We consider ourselves very reasonable.

NB: If the Website Completion date runs over the allotted 3-4 weeks due to delays in the Development Process the client will be notified of the backlog and the reasons for this. This is unlikely but may occur if the scale of the project increases or there are long gaps between the start of the site and content delivery from the client.

Search Engine Optimization

If you have paid for this service note that although there is much one can do to gain better rankings in Google search result, NO-One can guarantee organic placement in search results. There are many guidelines that Google provides to help show up better in search results and The First Step follows many of these to help you achieve better search results, but none of these are guarantees and The First Step can not be held liable for a change in the status of your Website’s placement on Google Pages.

Steps to Begin the Design Process

A 50% deposit is payable upfront to begin the design process. Please complete the Client Information Sheet and setup a scheduled payment for your hosting and provide documentation of the scheduled payment. Please provide as much content as possible where possible. For a standard website completion time is approximately 3 weeks from the receipt of deposit and content. For eCommerce sites this time can be anywhere up to 6 weeks. Once the website has been signed off and the balance is paid the site will be set to live and Google will begin indexing your website pages.

If you are acting on behalf of another organization please ensure that the document is signed by whomever will be responsible for the legality and content of the Website and the Hosting Fees and other payments.

Thank you for your interest in The First Step

Disclaimer: Please note that The First Step will not be held liable for your website being hacked, or dropping in Google Rankings. All measures are taken to prevent a hack and to build a Google friendly site but this is not a guarantee that your site is always going to be hack free. Your Google rankings are not part of the development process at the First Step unless you request SEO.

If you wish to purchase security and monitoring as an ongoing service you can do so.

If your website is hacked you will be charged an additional fee to clean the hack either by The First Step or a third party.

Happy WordPress days are ahead!