Agreement to Terms
These Terms of Service constitute a legally binding agreement made between you (whether personally or on behalf of an entity) and LM Web Creations concerning your access to and use of our services.
You agree that by accessing our website or commissioning our services, you have read, understood, and agree to be bound by all of these Terms of Service.
Website Content
Unless otherwise stated, LM Web Creations and/or its licensors own the intellectual property rights for all material on this website. All intellectual property rights are reserved.
a. Permitted use
You may view and print pages for personal use, subject to the restrictions set out in these terms.
b. Prohibited use
You must not republish, sell, rent, sub-license, reproduce, duplicate, copy, or redistribute material from this website without express written permission.
Themes, Templates and Copyrights
Where website themes and templates are used, LM Web Creations purchases a commercial license where applicable. The client is not permitted to use any theme or template on additional websites without purchasing separate licenses.
Any custom design work, code, or creative assets developed specifically for a client project remain the intellectual property of LM Web Creations until payment has been received in full, at which point ownership transfers to the client.
Design Costs
All pricing is agreed upon in writing before work commences. Quoted prices are valid for 30 days from the date of issue.
Deposit requirement: A non-refundable deposit of 65% for website projects, 70% for all other services, of the agreed project fee is required before any design or development work begins. The remaining balance is due upon project completion and before the website goes live.
a. Additional work
Any work required beyond the agreed scope will be quoted separately and must be approved in writing before proceeding.
b. Late payment
LM Web Creations reserves the right to suspend access to completed work until outstanding invoices are settled in full.
Project Timeline
Project timelines are provided as estimates and are subject to the timely provision of content, feedback, and approvals from the client.
a. Client delays
If a client fails to provide required content, feedback, or approvals within 14 days of a request, LM Web Creations reserves the right to reschedule the project and revise the delivery timeline accordingly.
b. Revisions
The number of revision rounds included in a project is specified in the project quote. Additional revision rounds will be charged at our standard hourly rate.
Website Maintenance and Security
Where a maintenance or management agreement is in place, LM Web Creations will carry out regular updates, security checks, and backups as agreed. Outside of such an agreement, the client is responsible for ongoing maintenance of their website.
LM Web Creations is not liable for security breaches, data loss, or website downtime that occurs outside of an active maintenance agreement.
Domain Registration
Where LM Web Creations registers a domain on behalf of a client, the domain is registered in the client's name. Annual renewal fees are the responsibility of the client.
LM Web Creations will endeavour to notify clients in advance of domain expiry. However, LM Web Creations is not responsible for loss of a domain due to the client's failure to renew or provide updated payment details.
Web Hosting
Where hosting services are provided by LM Web Creations, the following conditions apply:
a. Uptime
We aim to maintain maximum uptime but cannot guarantee 100% availability. Scheduled maintenance will be communicated in advance where possible.
b. Prohibited content
Clients may not use hosting services to store or distribute illegal, offensive, or infringing content.
Prohibited content includes: illegal files, copyrighted material without authorisation, adult content, malware, spam tools, or any content that violates Namibian law or international regulations.
c. Termination
LM Web Creations reserves the right to suspend or terminate hosting services immediately if these conditions are violated.
Email Hosting
Professional email hosting services are provided subject to fair use. Clients are responsible for managing their own email accounts, passwords, and data. LM Web Creations is not liable for email data loss unless caused by negligence on our part within an active maintenance agreement.
SEO and Digital Marketing
LM Web Creations applies best-practice SEO techniques but cannot guarantee specific search engine rankings, as these are determined by third-party algorithms outside our control.
a. Results timeline
SEO results typically take 3 to 6 months to materialise. We provide regular reports on progress against agreed metrics.
b. Ad spend
For paid media campaigns, the agreed management fee covers campaign management only. Ad spend is billed separately and is the responsibility of the client.
E-Commerce Solutions
LM Web Creations will configure e-commerce platforms to the agreed specification. The client is responsible for ensuring all product information, pricing, and descriptions are accurate and compliant with applicable consumer protection laws.
Payment gateway integration is subject to the terms and approval processes of the relevant payment providers.
Social Media Marketing
Where social media management services are provided, the client grants LM Web Creations permission to post content on their behalf on agreed platforms. Content will be submitted for approval before publishing where outlined in the project scope.
LM Web Creations is not liable for changes to social media platform algorithms, reach, or policies that affect campaign performance.
E-Learning Solutions
E-learning platforms are built to the agreed specification. The client is responsible for the accuracy and legality of all course content, assessments, and certifications hosted on the platform.
Limitation of Liability
To the maximum extent permitted by applicable law, LM Web Creations shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, or goodwill.
Our total liability to you for any claim arising out of or related to these terms or the services provided shall not exceed the total fees paid by you to LM Web Creations in the 12 months preceding the claim.
Termination
Either party may terminate a project or service agreement with 30 days written notice. Upon termination:
- Any work completed up to the point of termination will be invoiced and must be paid
- The non-refundable deposit will not be returned
- LM Web Creations will provide any completed deliverables upon receipt of all outstanding payments
Governing Law
These Terms of Service and any disputes arising out of or related to them shall be governed by and construed in accordance with the laws of the Republic of Namibia.
Any disputes shall be subject to the exclusive Location of the courts of Windhoek, Namibia.
Amendments
LM Web Creations reserves the right to amend these terms at any time. Continued use of our services following notification of any changes constitutes acceptance of the updated terms.
By using our services, you confirm that you are at least 18 years old, have read and understood these Terms of Service, and agree to be legally bound by them. If you are acting on behalf of a business or organisation, you confirm that you have authority to bind that entity to these terms.
Social Media Marketing
Where social media management services are provided, the client grants LM Web Creations permission to post content on their behalf on agreed platforms. Content will be submitted for approval before publishing where outlined in the project scope.
LM Web Creations is not liable for changes to social media platform algorithms, reach, or policies that affect campaign performance.