Terms & Conditions
General
Quotations and Changes
You will be notified in writing of any deviations from the original quote, and you will be given adequate time to decide whether to proceed with particular changes or upgrades to your graphic or website project. Please carefully review all quoted items to understand exactly what you will receive.
The client is responsible for seeking clarification if necessary. Assumptions regarding products, services, or any associated inclusions should not be made without confirmation.
Usage of Content and Services
Clients are not permitted to sell, resell, store, or distribute MiMDigital content or services to third parties at any time unless prior written consent is provided.
Payment Terms
If MiMDigital is required to engage the services of a debt collector to recover overdue payments, a GHS 2,500 administration fee will be added to the client’s outstanding balance. This fee is subject to change based on market rates for collection services and the time required to manage the case.
All quotes are valid for 30 days, except for third-party products, which are valid for 14 days.
Invoices are due within 14 days of issuance unless otherwise stated. An additional 14-day grace period is allowed before further action, such as debt collection, is taken. Notices will be issued for unpaid invoices. All amounts are quoted in Ghanaian Cedi (GHS) unless otherwise specified.
For PayPal or credit card payments, a surcharge will be applied to the total. This surcharge must be paid in full before work on the project begins.
For international clients, full payment of invoices is required upfront. Local clients with a valid business registration and trade references may be eligible to pay a deposit, with the balance due upon project completion. Alternatively, payment can be split into stages to minimize upfront costs.
Content and Intellectual Property
When supplying content, customers warrant that they have the necessary rights or licenses for trademarks, copyrighted material, and other assets. MiMDigital is not liable for the legal use of customer-supplied materials.
Once invoices are paid, customers retain ownership of the completed design work (graphics or websites). However, ownership does not include original source or construction files, technical specifications, or methods used to create the work.
For logo designs, an EPS file will be provided for use by any designer. Additional construction files or technical specifications may be purchased at MiMDigital’s discretion.
Service and Account Management
Customers are responsible for keeping MiMDigital updated with their contact information. Failure to do so may result in service expiration and potential data loss. MiMDigital is not financially responsible for recovering lost information if caused by outdated contact details.
MiMDigital reserves the right to refuse service or access to its products and services if a breach of these terms occurs or for other valid reasons, including non-payment.
Accounts may be suspended or terminated if services are used inappropriately or abusively.
Portfolio and Advertising
To showcase our work, MiMDigital may use final or draft designs in portfolios or advertising. If you prefer your project not to be featured, a non-disclosure agreement must be signed before the project begins.
Refunds and Cancellations
Deposits are non-refundable due to changes in scope, change of mind, or breaches of these terms.
Fair Use Policy
Terms such as “unlimited” or similar are subject to fair use. MiMDigital reserves the right to decline services if deemed excessive.
Legal Governance
These terms are governed by the laws of Ghana. Any disputes will be subject to the jurisdiction of Ghanaian courts. Revisions to terms will apply to prior contracts upon service renewal. Agreements may not be transferred without written consent.
Additional Notes
Although once an invoice is paid, customers retain ownership of the completed work, this does not include access to original source files or proprietary methods used to create the work, except for logo design EPS files. Additional rights may be purchased at MiMDigital’s discretion.
Cancellation and Refunds
Non-Refundable Deposits and Fees:
All deposits and fees paid are non-refundable after a project brief has been returned, a concept has been submitted to the client, or after 14 days, whichever comes first. Refunds, if applicable, will incur a GHS 250 administration fee.Payment Obligations After Sign-Off:
Once any design has been approved by the client before construction or implementation begins, all amounts payable for the project, including any outstanding invoices, must be settled in full.Product and Service Limitations:
Any limitations of our products or services do not constitute valid grounds for withholding payment or requesting a refund. Demonstrations of our products and services are available upon request to ensure clients fully understand the offering before committing.Breaches of Terms and Conditions:
If a client breaches MiMDigital’s terms and conditions, MiMDigital reserves the right to terminate any product or service immediately without offering a refund.Cancellation Requests:
All cancellation requests must be submitted in writing via email. Contact details are available on our website’s contact page. A minimum of 14 days’ notice is required for cancellations. This does not apply to WordPress plugin products; for plugin-related refunds, please refer to the WordPress Plugins section of our policies.Refunds with Merchant Fees:
If a refund is processed via a method that incurs a merchant fee (e.g., international bank transactions or specific payment gateways), the refunded amount will reflect only the funds received by MiMDigital, excluding any merchant fees incurred.Inability to Complete Work (Due to MiMDigital):
If MiMDigital is unable to complete some or all of the work paid for due to its own shortcomings, the client is entitled to:- A full refund if no work has been completed.
- A partial refund based on the amount of work completed. MiMDigital will determine this portion in a fair and reasonable manner, or as stated in the written quote.
- High-risk or experimental work may be exempt from this clause, and clients will be notified in advance if such terms apply.
Inability to Complete Work (Due to Client):
If MiMDigital is unable to complete work because the client requests a pause or causes delays prohibiting MiMDigital from starting the work, the client will be eligible for a credit based on the amount in the corresponding line item of the quote.- The credit will be valid for 1 year from the date of payment.
- After 1 year, the work will be considered forfeited, and no refund or credit will be offered.
- Once issued, the credit will be valid for 3 months for use on other services or products.
All Websites
Responsibility for Website Usage
MiMDigital is not responsible for the cost of repairs or damages resulting from clients hacking or maliciously using their websites, including actions like deleting essential files via FTP. We reserve the right to cancel a client’s service without a refund in such cases. Our platform is designed to be secure and reliable, and by following the instructions provided, clients can avoid technical issues. Advanced settings may be unlocked upon request, but MiMDigital is not liable for any resulting problems caused by misuse or malicious actions.
Data Backup and Recovery
MiMDigital retains an original copy of your website files on a local server. However, we are not responsible for data loss caused by illegal hacking or hosting provider issues. To safeguard against online threats, we recommend our off-site server backup service included in our annual maintenance package. For websites hosted by the client, MiMDigital takes no responsibility for data loss.
Content Responsibility
MiMDigital is not liable for any content on your website that infringes copyrights, promotes illegal activity, or violates regulations, including foreign laws where your website targets international audiences. This includes but is not limited to issues such as copyright infringement, pornography, cyberbullying, or unauthorized advertising. All website advertisements must comply with local and international regulations, such as age restrictions for certain content or rules for prescription drugs and alcohol.
Ownership of Intellectual Property
Certain aspects of your website, including coding, methodologies, and layout designs, remain the property of MiMDigital. Licensing for third-party materials, including code and other assets, is obtained where necessary. Clients are entitled to use their completed designs but may not claim ownership of coding methods or underlying frameworks without prior agreement.
Unlimited Design Revisions
During the concept stage, unlimited design revisions are offered within the first two weeks from the delivery of the initial concepts. Revisions are subject to our fair use policy. Once a design is signed off, all subsequent changes will be charged at a rate of GHS 420 per hour (minimum charge of GHS 210). Revisions that alter more than 50% of a design will be treated as a new concept and billed accordingly.
Content and Layout Submission
Clients must submit all content in one clear set (e.g., a Microsoft Word or PDF document) for initial upload to the website. Continuous updates or fragmented submissions over weeks or months will not be accepted without additional fees. Post-upload changes will be billed at our standard hourly rate of GHS 420.
Hosting and Renewal
All websites require hosting fees to be paid annually before expiration. MiMDigital provides at least 30 days’ notice before hosting expires. Clients are responsible for ensuring payments are made on time. MiMDigital is not liable for data loss or recovery costs resulting from expired hosting services.
Footer Credit Link
A small credit link to MiMDigital will be placed in the footer of all website designs. This can be removed for a fee of GHS 720.
Content Formatting
Content provided by the client will be treated as input rather than design. MiMDigital will use its expertise to optimize content layout for the web. If clients require content to replicate their provided documents exactly, this can be done at our standard hourly rate.
Technical Support
One year of technical support is included with all websites. Additional feature upgrades or content additions require the renewal of an annual maintenance package.
Development and Testing
During website construction, your site must be live for testing purposes. As such, the hosting period will begin upon purchase, with the website becoming customer-facing upon completion. Construction typically takes 1–3 weeks depending on complexity.
Placeholder and Stock Images
Placeholder or stock images used in design concepts may require additional licensing fees for commercial use. These images are considered content and not part of the website’s core design.
Hosting Usage Limits
Websites are allocated specific bandwidth and disk space. Clients exceeding these limits may need to upgrade their hosting plan. MiMDigital monitors usage but is not responsible for downtime caused by excessive usage.
Web Forms and Email Setup
Web forms on your website may send emails using HTTP. For enhanced reliability, an SMTP server can be configured at an additional cost.
Under Construction Mode
If you have an existing website, transitioning to a new site may require placing your website in “under construction” mode. If no downtime is desired, a staging or development server can be used, though this is not included in standard packages unless specified.
File Ownership and Access
Provided all terms are met, clients have ownership of their website files and can request backups. MiMDigital operates on an open, “no-lock-in” basis, ensuring clients retain control of their assets.
Managed Solutions and Access
Certain features of the content management system may be locked for security and quality purposes. Clients with specific editing requirements should state these upfront to avoid misunderstandings.
Design Adjustments for Compliance
Slight modifications to chosen design concepts may be necessary to ensure compliance with web standards. These adjustments are typically minor and do not affect the overall aesthetic.
Combination of Design Concepts
Merging multiple design concepts may not always be technically feasible. If required, this can be accommodated at an additional cost.
Domains
MiMDigital cannot guarantee that requested domain names will be available. Please contact us to check the availability of your desired domain name.
For certain domain types, such as .com.gh, specific requirements may apply, and additional documentation may be needed to secure the registration.
Domain name fees must be paid before the expiration date to renew your website for the upcoming years. It is the client’s responsibility to ensure payments are made on time to MiMDigital for the upkeep of their domain name.
Clients must notify MiMDigital of any changes to their contact information. We will provide at least 14 days’ notice before a domain name is due to expire. If the renewal payment is not made on time, the domain name will become publicly available for others to register. MiMDigital takes no responsibility for the loss of a domain name due to late payments or changes in contact details.
For peace of mind, we recommend clients set up automated payments or reminders to avoid losing their domain.
Graphic Design
Revisions and Approvals
During the concept stage, unlimited design revisions are allowed within the first two weeks from when the initial concepts are sent. This offer is subject to fair use and is provided with the expectation of reasonable client requests. Once the design has been signed off, any further aesthetic changes will be billed at GHS 420 per hour, with a minimum charge of GHS 210.
Design retractions are not considered revisions to prevent clients from experimenting with entirely new ideas during the process. If changes to a concept are deemed to exceed 50% of the original design, they will be treated as a new concept and charged accordingly. Revisions are limited to the chosen concept and do not include multiple variations.
Ownership and Responsibility
All graphic designs become the property of the client once the full project fee has been paid. Until then, the designs remain the property of MiMDigital.
It is the client’s responsibility to carefully review and approve the final artwork. MiMDigital is not liable for any spelling errors, incorrect grammar, or inaccuracies in content provided by the client after the design has been approved.
Content Submission and Changes
For certain projects, clients must provide all necessary content to MiMDigital before design work begins. Once this initial content is incorporated into the design, any subsequent changes, including in-text edits, will be charged at our standard rate of GHS 420 per hour (minimum charge of GHS 210).
For example, a change to a phone number after the design has been completed would be considered an in-text change and charged accordingly. Proofreading and editing are separate services and are not included in the design process by default. Clients are responsible for ensuring their content is accurate before submission.
Compatibility and Requirements
While MiMDigital aims to design projects with maximum compatibility, we cannot guarantee that our work will meet all client requirements if these are not explicitly stated at the start of the project. Compatibility may vary depending on factors such as the system used to view or edit the work, the software used, or the printer specifications.
Clients should clearly communicate any specific requirements at the beginning of the project to ensure the work meets their expectations. MiMDigital is not responsible for issues arising from undisclosed requirements or assumptions made by the client.
Printing and Manufacturing
For all print projects, it is the client’s responsibility to thoroughly review the provided print proof. Please carefully check all colors, text, and content before approving the artwork. MiMDigital will not be held responsible for poor-quality printing or any errors in the artwork or design specifications once approval has been given.
We recommend clients take the time to ensure all details are correct to avoid issues during the production process.
Online Shops
Responsibility for Third-Party Accounts:
It is the customer’s responsibility to set up, manage, and maintain third-party accounts when required. Due to the sensitivity of the information, MiMDigital may be unable to act on behalf of the customer in certain situations.Third-Party Terms and Fees:
MiMDigital is not responsible for any changes in fees, terms, or conditions imposed by third-party payment gateways or other integrated systems. These services and contracts must be set up in the customer’s name and are solely between the customer and the third party.Access for Setup and Testing:
MiMDigital may require access to third-party payment gateway platforms for testing and setup purposes.Transaction Fees:
Third-party payment gateways typically charge transaction fees as compensation for their services, which are automatically deducted from transactions. For current fee information, please contact us.Credit Card Payments:
If you plan to accept credit card payments directly on your website, you may need to set up a Payment Service Provider (PSP) account through your bank, typically associated with a merchant bank account. Additional setup, recurring, and transaction fees may apply depending on your bank. The customer is responsible for managing and maintaining their bank merchant account.
SEO, PPC, Social Media Management and Email Marketing Plans
Payment and Account Setup:
For PPC packages, a valid credit card, bank account, or payment facility in the client’s name (or business name) is required as a funding source. Funds will be managed by MiMDigital on behalf of the client. Payments made to Google for advertising services are subject to Google Ads’ terms and conditions, which can be reviewed here: Google Ads Policies. MiMDigital holds no responsibility or liability for any debts incurred with Google, as the agreement is solely between the client and Google.Budget Management:
For PPC campaigns, Google adheres to the daily budget provided by the client. However, if the daily budget is not met on certain days, the unspent amount may be reallocated to other days within the month. This may result in daily spending variations, but the overall monthly budget will align with the agreed-upon average.Performance Guarantees:
MiMDigital cannot guarantee ad rankings or positions on third-party platforms like Google, as these are determined by the platform itself and the competitive landscape. Similarly, no guarantees can be made for SEO results. Clients are encouraged to assess the historical success of MiMDigital’s services to determine their value.Refunds and Satisfaction:
No refunds will be provided if a client is dissatisfied with the performance of PPC or SEO services. Clients are free to cancel plans after three months without penalty if they are not satisfied.Payment Terms:
The first three months of all online marketing plans must be paid in advance, after which billing transitions to a month-to-month basis.Cancellations:
- Clients must provide one month’s notice to cancel PPC or SEO plans.
- If cancellation is requested but the current month’s payment is outstanding, clients are required to pay a pro-rated amount for work completed during that month.
- Cancellations must be confirmed by both parties to ensure clarity regarding the process and its ramifications.
Account Access:
MiMDigital reserves the right to control access to any accounts managed under its custodianship. Access may be restricted if the client’s account is not financially up to date. MiMDigital is under no obligation to provide specific levels of access while managing an account.Plan Holds:
Monthly plans cannot be paused or placed on hold. Plans can only be canceled and restarted when necessary.Plan Pricing Adjustments:
MiMDigital reserves the right to adjust the pricing of any plan. Clients will have the opportunity to accept or reject the revised pricing.
Email
Email Delivery to Hotmail:
Due to Hotmail’s aggressive spam filtering policies, we cannot guarantee the delivery of emails to @hotmail.com addresses. This is not a result of any limitations or non-compliance on our part but rather a characteristic of Hotmail’s email handling. Similar issues may apply to other email systems on any service.Email Storage and Hosting:
Email storage is integrated with the hosting plan for your website. If additional email storage is required, upgrading your hosting plan will be necessary and may incur additional costs.