Terms &Conditions

PREAMBLE

1) S A Webworx (Webworx) terms and conditions cover web site design and services that provide (and/or include) internet services, including but not limited to hosting services (data/content hosting, server hosting, web hosting and e-mail services). The design and set up of the web site will be known as a project, which will commence on payment of the advance and be completed within an agreed time frame upon final payment, all other services will be charged on a case by case basis

2) Webworx reserves the right to alter and adapt its terms and conditions as and when circumstances deem it appropriate to do

3) Whilst Webworx will apply every reasonable effort to ensure search engine optimization, Webworx cannot be held responsible for any decline and or alteration that may occur in third party search engine optimization ratings nor can search positions be guaranteed

CLIENT UNDERTAKING

4) Acceptance of these terms and conditions means that the client and or customer (the client) will

4.1) Adhere to and comply with South African and, where applicable, international, legislation and regulations
4.2) Take responsibility for their own users where appropriate and applicable
4.3) Not engage in any and all Activities, which;
4.3.1) are unlawful, incitement to commit criminal acts, harmful to, interferes with the use of Webworx network or systems, and or the network of any other provider
4.3.2) interferes with the use or enjoyment of services received by others
4.3.3) infringes on any and all intellectual property rights
4.4.4) constitutes abuse, a security risk and or a violation of privacy
4.4.5) results in the publication of material which is, threatening, offensive, harmful, obscene, discriminatory, defamatory and or hate speech
4.4.6) are pornographic, are satanic, promote violence and or promote anti-social behavior

5) The client is responsible for the project specifications and to pay; an advance of 50% of the contract fee, which is not refundable and the balance upon completion of the project

6) Payment of the advance will constitute acceptance of the terms and conditions as set out herewith

WEBWORX UNDERTAKING

7) Webworx commit to complete the project within the agreed time frame subject to the cooperation of the client as and when required

8) Webworx cannot be held responsible for delays outside of their control, including but not limited to equipment failure, Third Party Hosting Services, and internet connections

9) Webworx will apply every reasonable effort to ensure that the completed project will perform well in current major browsers, but cannot guarantee backward compatibility (i.e. functionality on older devices and software)

CLIENT INPUT AND COPYRIGHT

10) Required documentation refers to any and all information necessary for the timeous commencement and delivery of the project by Webworx

11) The Client is to provide all Required Documentation electronically to Webworx to initiate work on the project

12) If the Client has not submitted or provided all the Required Documentation within 30 (Thirty) calendar days from Invoice date, the project will be put on hold until further notice

13) The Client has to ensure that they have the Copyright for all material supplied.

14) Webworx independent contractors, affiliates, agents, agencies or any associates involved in a Client’s project will not be liable or held responsible for any Copyright disputes.

15) If and when Webworx are informed that material was provided without the required Copyright, illegal content will be removed immediately and the Client will be billed with the cost thereof.

16) Webworx does not take any responsibility for any and all content supplied from the Client without proper Copyright whatsoever

17) The Client shall supply all content wording to be published in accordance with the specified project unless otherwise agreed to

18) The Client shall supply all Graphic Images to be published in accordance with the specified project unless otherwise agreed to

19) Graphic Images (including but not limited to artwork and logos) supplied by the Client, must be of high digital quality and applicable format.

20) Photographs supplied by the Client must be of high digital quality and applicable format

PAYMENT AND HOSTING

21) Hosting via Webworx allows for allocated disk space limited to the Hosting package. Disk over-usage will be charged at the appropriate rate at that time, Invoiced to the Client’s account and must be paid upon receipt of invoice

22) Monthly Hosting & Yearly Domain Fees must be paid upon receipt of invoice

23) Payments not received will automatically suspend the Client’s Hosting service, thus deactivating the Client’s website and linked e-mail accounts.

24) A reactivation fee, at the appropriate rate at that time, will be billed to the Client.

25) Hosting fees not received for 2 consecutive invoices irrevocably terminates the linked website and associated e-mail accounts with the host. The Client’s domain registration remains for the balance of the yearly domain fee paid, but no software, design and/or development work associated with the domain is recoverable by reactivation hereafter.

26) Webworx reserves the right to suspend the Client’s services due to non-payment and charge fees, at the appropriate rate at that time, on all arrears in accordance with these Terms and Conditions

27) Hosting cancellations are only accepted via e-mail to cancellations@sawebworx.co.za on or before the 1st of the new month as it carries a calendar month notice period.

28) All outstanding payments must be paid up to date before the Client’s Hosting services will be terminated with Webworx, thus enabling release to transfer to a Third Party Hosting Service Provider.

29) The Client has to provide Webworx with their Cpanel, FTP and database details to upload onto the Webworx software.

30) If the Client uses a Third Party Service Provider on Webworx’s recommendation, the Client will enter into an agreement directly with that Third Party Service Provider.

31) Webworx will not be held liable or have any responsibility for the Client’s Hosting Services via a Third Party Service Provider as Webworx does not have control over the status of hosting, domain renewals or e-mail when not hosted with Webworx

32) All technical aspects of websites must be referred to the Client’s Third Party Hosting Service Provider.

33) Webworx will however assist the Client upon request with Third Party Hosting Service Provider(s). The time involved may be billed to the Client at the discretion of Webworx

PROJECT COMPLETION

34) On design completion of the Client’s website, the website will be activated for 2 (two) working days, in order for the Client to preview and respond with amendments and/or improvements, within these 2 (two) working days, by e-mail

35) However the Client’s actual website will not be affected as Webworx does all its work on a remote basis

36) The Client is required to e-mail the Proof of Payment to Webworx, which will be reciprocated with an email, allocating payment to said Invoice, to the Client, when said funds are confirmed by Webworx

37) All work remains the property of Webworx until the full and final payment is received.

38) Activation of the Client’s website is conditional on these Terms & Conditions

39) The Completion Date of a project is affected by feedback and received content from the Client, time-frames will be adjusted within reason

40) The Client is also required to report any faults or request minor alterations (within the initial Agreement) within the 2 (two) working days referred to above, by e-mail

41) Should Webworx not receive a reply within 2 (two) working days via e-mail, the Client’s website is considered finalised and complete. Therefore, Webworx take no responsibility for website content errors thereafter.

42) Any further adjustments or amendments after this date will be at an additional cost

43) Additional Work requested and agreed to, or any other work in progress for the Client’s website after the Completion Date of the original Agreement, will be billed as a new project and be subject to these terms and conditions

44) Webworx may suggest Additional Work for the Client’s project, including but not limited to graphic design, software, and such like. to enhance the Client’s website functionality and appearance, and reserves the right to do so free of charge or depending upon the scope of what is agreed may result in a new project

45) The Client may request Webworx access to their website’s Content Management System (CMS). Upon doing so, the Client indemnifies Webworx from any changes made by the Client or any third party to the website, which includes but is not limited to any content changes, software updates, added software, or loss of information.

46) A restoration fee in accordance with these Terms and Conditions, quoted and agreed to, will be billed when having to restore a website.

47) Webworx commit to respond to any technical error, which may be the result of their Hosting services, design software or any plausible fault, omission or neglect on their part within what was agreed to, within a time frame negotiated with the client

48) Webworx are not liable to Client(s) or responsible for said products and/or services of Client(s) whose invoices are not paid

ADMINISTRATION

49) Webworx are not a credit service provider and does not grant any credit facilities whatsoever.

50) All Invoices are billed to the Client’s account and e-mailed to the Client in accordance with these Terms and Conditions, and payments made by the Client are allocated to Invoices upon Webworx having confirmed receipt of said funds.

51) Telephonic, Skype or e-mail queries will be responded to free of charge for confirmed Clients

52) Failure to comply with these Terms and Conditions regarding payments and fees will result in legal action from Webworx legal representative(s), and the full outstanding balance becomes payable.

53) All legal cost resulting from non-payment will be accrued to the Client’s outstanding balance.

54) Should the Client cancel the project at any time, all fees up to that point of work will be calculated. Any amount greater than the 50% advance will be billed to the Client. This is payable upon receipt of invoice

55) Hosting and Domain Fees are non-refundable

BREACH

56) Webworx reserves the right at its discretion to cancel this Agreement should the Client breach any of the Terms and Conditions stated herein

SECURITY

57) Webworx will not be held liable for any viruses, hacking, malicious content or any Security breaches pertaining to any third party applications or to the Client’s website

58) Webworx Hosting service provider may at any time suspend a domain should any viruses or malicious content be exposed through hacking or security breaches by any third party application or website