Soaring Phoenix Designs strives to ensure that our your privacy is protected. Soaring Phoenix Designs 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 Soaring Phoenix Designs website and governs data collection and usage. By using the Saoring Phoenix Designs website, you consent to the data practices described in this statement.
The Soaring Phoenix Designs 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 Soaring Phoenix Designs pages, or register with Soaring Phoenix Designs site or services, a cookie helps Soaring Phoenix Designs 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 Soaring Phoenix Designs website, the information you previously provided can be retrieved, so you can easily use the Soaring Phoenix Designs 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 Soaring Phoenix Designs services or websites you visit.
Collection of your personal information
The Soaring Phoenix Designs website collects personally identifiable information, such as your e-mail address, name, home or work address or telephone number. Soaring Phoenix Designs 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 Soaring Phoenix Designs. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used by Soaring Phoenix Designs for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Soaring Phoenix Designs website. Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through Soaring Phoenix Designs public message boards, this information may be collected and used by others. Note: Soaring Phoenix Designs does not read any of your private online communications. Soaring Phoenix Designs encourages you to review the privacy statements of websites you choose to link to from the Soaring Phoenix Designs website so that you can understand how those websites collect, use and share your information. Soaring Phoenix Designs is not responsible for the privacy statements or other content on websites outside of the Soaring Phoenix Designs and Soaring Phoenix Designs owned websites.
Use of your personal information
Soaring Phoenix Designs collects and uses your personal information to operate the Soaring Phoenix Designs website and deliver the services you have requested. Soaring Phoenix Designs also uses your personally identifiable information to inform you of other products or services available from Soaring Phoenix Designs and its affiliates. Soaring Phoenix Designs may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered. Soaring Phoenix Designs does not sell, rent or lease its customer lists to third parties. Soaring Phoenix Designs 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, Soaring Phoenix Designs 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 Soaring Phoenix Designs, and they are required to maintain the confidentiality of your information. Soaring Phoenix Designs does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent. Soaring Phoenix Designs keeps track of the websites and pages our customers visit within Soaring Phoenix Designs, in order to determine what Soaring Phoenix Designs services are the most popular. This data is used to deliver customized content and advertising within Soaring Phoenix Designs to customers whose behavior indicates that they are interested in a particular subject area. Soaring Phoenix Designs 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 Soaring Phoenix Designs or the site; (b) protect and defend the rights or property of Soaring Phoenix Designs; and, (c) act under exigent circumstances to protect the personal safety of users of Soaring Phoenix Designs, or the public.
Security of your personal information
Soaring Phoenix Designs secures your personal information from unauthorized access, use or disclosure. Soaring Phoenix Designs 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.
Changes to this statement
Soaring Phoenix Designs will occasionally update this Statement of Privacy to reflect company and customer feedback. Soaring Phoenix Designs encourages you to periodically review this Statement to be informed of how Soaring Phoenix Designs is protecting your information.
Soaring Phoenix Designs welcomes your comments regarding this Statement of Privacy. If you believe that Soaring Phoenix Designs has not adhered to this Statement, please contact Soaring Phoenix Designs at email@example.com We will use commercially reasonable efforts to promptly determine and remedy the problem.
Soaring Phoenix Designs reserves the right to change the terms, conditions, and notices under which Soaring Phoenix Designs website is offered, including but not limited to the charges associated with the use of Soaring Phoenix Designs website.
Agreement between user and Soaring Phoenix Designs
Soaring Phoenix Designs website is comprised of various web pages operated by Soaring Phoenix Designs. Soaring Phoenix Designs website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. your use of Soaring Phoenix Designs website constitutes your agreement to all such terms, conditions, and notices.
Links to third party sites
Soaring Phoenix Designs website may contain links to other websites (“linked sites”). The linked sites are not under the control of Soaring Phoenix Designs and Soaring Phoenix Designs 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. Soaring Phoenix Designs is not responsible for webcasting or any other form of transmission received from any linked site. Soaring Phoenix Designs is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Soaring Phoenix Designs of the site or any association with its operators.
No unlawful or prohibited use
As a condition of your use of Soaring Phoenix Designs website, you warrant to Soaring Phoenix Designs that you will not use Soaring Phoenix Designs website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use Soaring Phoenix Designs website in any manner which could damage, disable, overburden, or impair Soaring Phoenix Designs website or interfere with any other party’s use and enjoyment of Soaring Phoenix Designs website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through Soaring Phoenix Designs websites.
Use of communication services
Soaring Phoenix Designs 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. Soaring Phoenix Designs has no obligation to monitor the communication services. However, Soaring Phoenix Designs reserves the right to review materials posted to a communication service and to remove any materials in its sole discretion. Soaring Phoenix Designs reserves the right to terminate your access to any or all of the communication services at any time without notice for any reason whatsoever. Soaring Phoenix Designs 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 Soaring Phoenix Designs sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any communication service. Soaring Phoenix Designs does not control or endorse the content, messages or information found in any communication service and, therefore, Soaring Phoenix Designs 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 Soaring Phoenix Designs spokespersons, and their views do not necessarily reflect those of Soaring Phoenix Designs. 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 Soaring Phoenix Designs
Soaring Phoenix Designs does not claim ownership of the materials you provide to Soaring Phoenix Designs (including feedback and suggestions) or post, upload, input or submit to any Soaring Phoenix Designs website or its associated services (collectively “submissions”). however, by posting, uploading, inputting, providing or submitting your submission you are granting Soaring Phoenix Designs, 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. Soaring Phoenix Designs is under no obligation to post or use any submission you may provide and may remove any submission at any time in Soaring Phoenix Designs 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.
Soaring Phoenix Designs reserves the right, in its sole discretion, to terminate your access to Soaring Phoenix Designs 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 Soaring Phoenix Designs website. Use of Soaring Phoenix Designs 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 Soaring Phoenix Designs as a result of this agreement or use of Soaring Phoenix Designs website. Soaring Phoenix Designs performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Soaring Phoenix Designs right to comply with governmental, court and law enforcement requests or requirements relating to your use of Soaring Phoenix Designs website or information provided to or gathered by Soaring Phoenix Designs 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 Soaring Phoenix Designs with respect to Soaring Phoenix Designs website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Soaring Phoenix Designs with respect to Soaring Phoenix Designs 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.
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 Soaring Phoenix Designs:
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.
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 Soaring Phoenix Designs service. Soaring Phoenix Designs 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 Soaring Phoenix Designs 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 Soaring Phoenix Designs 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. Soaring Phoenix Designs 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, Soaring Phoenix Designs network. Further, Soaring Phoenix Designs 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
Soaring Phoenix Designs reserves the right to amend or alter this policy at any time, and without notice to you. Soaring Phoenix Designs 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. Soaring Phoenix Designs 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. Soaring Phoenix Designs 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. Soaring Phoenix Designs reserves the right to suspend, revoke or cancel Soaring Phoenix Designs services to the customer/user if the safety and integrity of Soaring Phoenix Designs resources are placed at risk in continuing to provide service to the subscriber/user. Soaring Phoenix Designs reserves the right to remove any information or materials in whole or in part, that, in Soaring Phoenix Designs sole discretion, is deemed to be offensive, indecent, or otherwise objectionable. Soaring Phoenix Designs does not undertake to guarantee the security of any data passing through its networks. Although Soaring Phoenix Designs 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 Soaring Phoenix Designs cannot be held liable for any loss or damage arising as result of the failure to do so.
Business Terms & Conditions
Information regards business terms and conditions
For ease of expression, Soaring Phoenix Designs is referred to as “Soaring Phoenix Designs", the Client is referred to as “the Client” and the full extent of the services and deliverable’s to be provided by Soaring Phoenix Designs and the Client are collectively referred to as “the Project”.
1 Soaring Phoenix Designs 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; 2 Soaring Phoenix Designs and the Client recognise they must both use all reasonable endeavours to meet agreed deadlines; 3 Soaring Phoenix Designs may appoint sub-contractors to assist in meeting its obligations on the Project; 4 Soaring Phoenix Designs will agree with the Client its needs for appropriate involvement of Client personnel, reasonable working accommodation, communications and access to equipment.
Scope of project
5 The scope of the Project is described in the Memorandum (“the Invoice”) of Agreement. Although elements of the scope may necessarily change over time, Soaring Phoenix Designs will have no obligations to proceed with any change proposed by the Client until the cost and schedule impact has been agreed. Soaring Phoenix Designs 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, Soaring Phoenix Designs 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.
6 During the Project the Client is likely to have access to confidential information of Soaring Phoenix Designs, including (but not limited to) Soaring Phoenix Designs past, present and future research, development, business activities, products, services and technical knowledge. Similarly, Soaring Phoenix Designs is likely to have access to confidential information of the Client. Soaring Phoenix Designs has the right to withhold what would be considered "sensitive data". 7 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 Soaring Phoenix Designs as contemplated in this paragraph.
Intellectual property rights
8 Soaring Phoenix Designs 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. Soaring Phoenix Designs may re-use concepts and other outputs of the Project provided confidential information of the Client is safeguarded.
Remedies and liabilities
9 Soaring Phoenix Designs 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 Soaring Phoenix Designs director or employee, Soaring Phoenix Designs would recognise this as its responsibility, up to but not exceeding the amount of fees received from the Client for that phase of work. 10 The Client agrees that Soaring Phoenix Designs shall be given a reasonable opportunity to remedy any failure or shortcoming in the delivery of the services / deliverables to the Client notified to Soaring Phoenix Designs within six months of delivery. Soaring Phoenix Designs 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 Soaring Phoenix Designs. 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. 11 Soaring Phoenix Designs 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. 12 Soaring Phoenix Designs 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
13 Soaring Phoenix Designs will defend, at its expense, a third party claim that any service or deliverable Soaring Phoenix Designs 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 Soaring Phoenix Designs. 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 Soaring Phoenix Designs 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 Soaring Phoenix Designs entire liability with respect to any deliverable or service infringing any third party rights.
14 Soaring Phoenix Designs 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.
15 The Client agrees, if so requested by Soaring Phoenix Designs, 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.
16 Soaring Phoenix Designs believes that a planned rotation of its personnel is in the Client’s best interests, both in terms of quality and cost management. Soaring Phoenix Designs reserves the right to meet its responsibilities through the allocation of appropriate available skilled personnel without a guarantee that specific individuals will be assigned. 17 In the event of the resignation of a Soaring Phoenix Designs 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. 18 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
19 The Client may terminate or restrict Soaring Phoenix Designs services at any time in which case the Client will be liable for all work done at Soaring Phoenix Designs 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 Soaring Phoenix Designs. Soaring Phoenix Designs 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. 20 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 Soaring Phoenix Designs services in which event the Client will be liable for all work done at the proposed rates contracted for the project.
21 The economics of Soaring Phoenix Designs 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.
Web Design Terms and Conditions
Information and terms regards our web design services
The process for a new web design project
1 If a project exceeds R10,000 a 50% deposit is requested from the customer up front before any work can commence. If the total amount of the project agreed upon is less than R10,000 a 100% deposit is to be paid before any work can commence.
2 Once Soaring Phoenix Designs has received the 50% deposit the client will then receive an e-mail from us introducing the agreed upon project at hand in summary as well as sending a link to a project questionnaire. Please take the time to fill out the document in as much detail as possible. This document needs to be submitted within 5 working days of receiving the link from the Soaring Phoenix Designs web designer.
3 Once the project questionnaire has been completed and sent back, and any outstanding content is received our design team will then size up the project and let you know the time frame in which the website will be created. (depending on the pages specified and content provided, websites that contain more content and more than 3 total pages generally take longer to develope)
4 The website will be a completely finished product Once the website has been created then this will be uploaded to a server ( that will have a password and user name to log on and see ) for the client to review
5 Once the client has previewed the website draft s/he is then given 5 working days to review the website and send any changes . The changes need to be sent in a Word document, broken down page by page, via e-mail to the designer. Changes to be made to a website are based on 30 minutes per page. For example: If the website is 5 pages then the designer is to spend 2.5 hours on changes. Any further time spent on changes is charged at our current hourly rate thereafter.
6 The client is then shown the final website draft along with a second invoice of 40% of payment due.
The customer accepts that by not communicating with Soaring Phoenix Designs during the review period, Soaring Phoenix Designs will accept the customer’s silence as agreement to a finished product in which case 40% of payment must be made by the customer.
The cutomer must make 40% payment to continue the process of the project.
7 Deployment is considered to be a final status and deemed to be a live service.
Once the website is live, checked and functional the client will receive an invoice for the final 10% payment to be settled. Only on receipt of payment for the final 10% will the client be sent his/her log in details to the website code folder (or website login details if hosting details have been provided)
Any additional changes or modifications the client would like Soaring Phoenix Designs to implement to the live/finished website will be charged at our current hourly rate. The changes fall into a new working cycle as they are considered a new project.
Please note in order to take a website live the client will need to have a registered domain and a working hosting environment. This can be obtained through another service provider that the client has chosen. The client will have to provide us with your Cpanel / FTP details which you obtain from your chosen service provider. Our websites may also need to have a MySQL database setup so make sure your provider has set that up for you before sending the hosting details to Soaring Phoenix Designs.
Themes, Plugins & Software
Viruses & Outdated Websites
Soaring Phoenix Designs 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. Soaring Phoenix Designs 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. Soaring Phoenix Designs 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.
Website Updates & Maintenance
1All changes are to be sent in a Word document from the client; 2 Once we have received the Word document one of our designers will size up the time it will take them to do the changes. The client will then be sent a quotation. 3 The client needs to accept the quotation before any work will commence. 4 Payment is to be paid 50% before work starts and 50% after work has been finished. 5 Any changes or updates requested that take up to 4 (four) hours to implement from our end have a turnaround time of up to 2-3 (two - three) working days; Any updates that exceed 4 (four) hours to implement the turnaround time is then discussed between the client and the project manager. We understand that majority of updates or changes are urgent so we therefore will try our best to prioritise these changes or updates. Should a Client choose to maintain their own website, Soaring Phoenix Designs cannot be held responsible if anything breaks during content updates, code 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 Soaring Phoenix Designs 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.
Once a website has been taken live (either hosted by Soaring Phoenix Designs or any 3rd party host) it is considered a finished product, owned by the client. Any client agreeing to have their website taken live is automatically accepting that the website is now a finished product. Any changes requested to the website thereafter are considered updates or maintenance and will be charged accordingly. Once a website is live, the hours quoted to build said website are considered spent and may not be redeemed.
We, Soaring Phoenix Designs, reserve the right to withhold login credentials for any websites we have developed from/for clients, until we have received payment in full. This applies regardless of whether the website is on the live domain or is still on our demo servers being finalised. We cannot be held liable for changes made directly by the client once they have received the login credentials further.
Information and terms regards our online marketing services
Soaring Phoenix Designs is not liable for any harm, abuse and/or any other form of disruption or data loses/manipulation made to a client's third party service(s). Including (but not limited to) various social media accounts and/or any other account that the client has agreed Soaring Phoenix Designs to manage.
1 Monthly invoices must be paid within the first week of each month. Failure to do so may result in the client’s Google Ad Words account running out of budget. Soaring Phoenix Designs will not add any budget to a client’s account until payment has been made.
Search Engine Optimization (SEO)
1 Invoices are to be paid within the first week of each month. Should a client wish to cancel Ad Words or SEO services they must provide Soaring Phoenix Designs with written notice.
Social Media Life Cycle
1 Original quotation/invoice needs to be paid in FULL before Soaring Phoenix Designs will commence any social media work. 2 Should the client wish, they may arrange a meeting at this time to discuss ideas. All meetings are to be held at a location discussed and agreed upon or a location convenient for both the client and Soaring Phoenix Designs. 3 Once payment is made, please allow for a two week lead period. In this time our digital marketing strategist will design content. Should the client supply the content and images for the project at hand, please refer to step 4. 4 The date of the first scheduled post will be dependent on the date that Soaring Phoenix Designs receives first proof of payment in full. This will be discussed in further detail between Soaring Phoenix Designs and the client once first payment is made, via e-mail. 5 All prepared content and posts must be approved by the client BEFORE scheduling. 6 The client is to give Soaring Phoenix Designs one calendar months’ notice should they wish to cancel thier social media service. Notice should be in writing.
Information and terms regards our Refund Policy
Since Soaring Phoenix Designs is offering non-tangible irrevocable goods we do not issue refunds once the order is accomplished and the product is sent. As a customer you are responsible for understanding this upon purchasing any item at our site.
The following terms explain our treatment of the most regularly cited consumer issues:
Non-delivery of the product: Due to some mailing issues of your e-mail provider or your own mail server you might not receive a delivery e-mail from us. In this case we recommend contacting us for assistance on our contact form. Claims for non-delivery must be submitted to firstname.lastname@example.org in writing within 7 days from the order placing date. Otherwise the product will be considered received and/or downloaded. Download and unzipping issues: It may happen so that you are having problems while downloading the product or its unzipping. Claims regarding such issues must be submitted to Soaring Phoenix Designs within 2 days. If you do not properly contact us during this period, you agree that we may construe silence as a successful download of the product with no further right of redress or refund for a "download issue" reason. Major defects: Although all our products are thoroughly tested before release, unexpected errors may occur. Such issues must be submitted to Soaring Phoenix Designs approval. We keep the right to rectify the error or defect. In no circumstance will the product and/or service be refunded (financial or otherwise). Product not-as-described: Such issues should be reported to Soaring Phoenix Designs within 7 days from the date of the purchase. Clear evidence must be provided proving that the purchased product is not as it is described on the website and/or agreed upon by the clients Project Agreement. We keep the right to rectify any non-adherence to product descriptions and no refund will be offered in such a case. Complaints which are based merely on the customer's false expectations or wishes are not honored.
Subscription Return Policy:
If you have subscribed to usage of our services and/or software, you are bound by the following terms: If you, for any conceivable reason, decide to cancel your subscription to our services AFTER you have transferred the payment (manually, by Electronic Clearing Service or automatically) for the said subscription to us, you are not liable to receive any kind of refund (financial or otherwise) from us, in lieu of your cancellation of the said subscription.
Work-in-Progress Return Policy:
Once you establish an agreement with us on the creation and/or provision of a product and/or service, or the undertaking of a project, you are bound by the following terms: If we have commenced work on your project according to the said agreement AFTER receiving payment from you; you cannot apply for, cannot request, and are not liable to any kind of refund (financial or otherwise), for any conceivable reason/s cited by you. Though we professionally deliver services and attempt to satisfy our customers' expectations without exception, some technical issues may prevent us from commencing work on your project. If the delay in beginning work on your project becomes substantial, your request for refund of payment for the concerned project will be duly considered by us. If there is any delay in the delivery of the finished product due to factors beyond our control, you will not be entitled to any refund from us. The rest of the deposit payment due will be expected. Please note that we do not bear any responsibility and therefore we do not satisfy any refund/return/exchange requests based on incompatibility of our products with some third-party software (plug-ins, add-ons, modules, search engines, scripts, extensions etc) other than those which are specified as compatible in a description available on the preview page of each product. We don't guarantee that our products are fully compatible with any third-party programs and we do not provide support for third-party applications. Our Technical Support Team is always eager to assist you and deliver highly professional support in a timely manner. Thank you for purchasing our products.
By using our services, you consent to our refund policy.
Changes to our Refund Policy:
If we decide to change our refund policy, we will post those changes on this page, and/or send an email notifying you of any changes.