THESE TERMS AND CONDITIONS ARE BINDING AND ENFORCEABLE AGAINST ALL PERSONS THAT ACCESS THE SA WEB SERVICES WEBSITE OR ANY PART THEREOF. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MUST LEAVE THE SA WEB SERVICES WEBSITE WITHOUT DELAY, AS FURTHER USE WILL AUTOMATICALLY BIND YOU TO THESE TERMS AND CONDITIONS.
1. DEFINITIONS AND INTERPRETATION
- "SA Web Services" is operated as a Sole Proprietorship
- "The SA Web Services website" means the SA Web Services website owned and operated by SA Web Services and located at http://www.sawebservices.co.za/, including any page, part or element thereof;
- "User" means any person who enters or uses the SA Web Services website, notwithstanding the fact that such a person only visits the home page of the SA Web Services website;
- "Data message" means data generated, sent, received or stored by electronic means and includes: a) voice, where the voice is used in an automated transaction and b) a stored record.
- References herein to the singular includes the plural and vice versa.
2. ALLOWED USE AND LICENSE
- SA Web Services licenses the User to view, amend, download and print the content/details of the SA Web Services website, provided that such content is used for private, personal, educational and/or non-commercial purposes only.
- Content from the SA Web Services website may not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of SA Web Services.
- E-mail addresses, names, telephone numbers and fax numbers published on the SA Web Services website may not be incorporated into any database used for electronic marketing or similar purposes. No permission is given or should be implied that information on the SA Web Services website may be used to communicate unsolicited communications to SA Web Services and all rights detailed in article 45 of the Electronic Communications and Transactions Act 25 of 2002 are reserved.
- All licenses and/or permissions granted in terms of this clause 2 may be terminated or cancelled by SA Web Services at any time without prior notice or reason.
3. INTELLECTUAL PROPERTY RIGHTS
All intellectual property on the SA Web Services website, including but not limited to content, trademarks, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of or licensed to SA Web Services and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User in clause 2, all other rights to intellectual property on the SA Web Services website are expressly reserved.
4. CHANGES AND AMENDMENTS
SA Web Services reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice or justification:
- change these terms and conditions;
- change the content and/or services available from the SA Web Services website;
- discontinue any aspect of the SA Web Services website or service(s) available from the SA Web Services website; and/or
- change the software and hardware required to access and use the SA Web Services website.
1. SA Web Services may electronically collect, store and use the following personal information of Users:
- name and surname;
- contact numbers;
- non-personal browsing habits and click patterns;
- e-mail address;
- IP address.
2. SA Web Services collects, stores and uses the above-mentioned information for the following purposes:
- Communicate requested information to the User;
- Provide the User with access to restricted pages on this website; and
- Compile non-personal statistical information about browsing habits, click-patterns and access to the SA Web Services website.
3. Information detailed above is either provided voluntarily by the User or is collected electronically by using cookies. Users may determine cookie use independently through their browser settings.
4. SA Web Services may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:
- SA Web Services shall not disclose personal information from Users unless the User consents thereto;
- SA Web Services shall disclose information without the User's consent only through due legal process; and
- SA Web Services may compile, use and share any information that does not relate to any specific individual.
5. SA Web Services owns and retains all rights to non-personal statistical information collected and compiled by SA Web Services.
- SA Web Services may provide hyperlinks to websites not controlled by SA Web Services and such links do not imply any endorsement, agreement on or support for the content of such target sites.
- SA Web Services does not editorially control the content on such target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access or content available on or through such target sites.
- Hyperlinks to the SA Web Services website from any other source shall be directed at the home page of the SA Web Services website. Links beyond the SA Web Services home page may only be used with SA Web Services's prior written consent.
- SA Web Services shall take all reasonable steps to secure the content of the SA Web Services website and the information provided by and collected from Users from unauthorised access and/or disclosure. However, SA Web Services does not make any warranties or representations that content shall be 100% safe and secure.
- SA Web Services is under no legal duty to encrypt any content or communications from and to the SA Web Services website and is also under no legal duty to provide digital authentication of any page on the SA Web Services website.
8. DISCLAIMER AND LIMITATION OF LIABILITY
1. As far as allowed by law, SA Web Services (including its owners, employees, suppliers, Internet service providers, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:
- access or inability to access to the SA Web Services website;
- access or inability to access to websites linked to the SA Web Services website;
- content or services available on the SA Web Services website;
- downloads and use of content from the SA Web Services website; and/or
- any other reason not directly related to SA Web Services's gross negligence.
2. The SA Web Services website is supplied on an "as is" basis and has not been compiled to meet the User's individual requirements.
3. SA Web Services does not make any warranties or representations that content and services available from the SA Web Services website will in all cases be true, correct or free from any errors. SA Web Services shall take all reasonable steps to ensure the quality and accuracy of content available from the SA Web Services website.
4. SA Web Services does not make any warranties or representations that the SA Web Services website shall be available at all times. Users acknowledge that the SA Web Services website may be unavailable due to updates or other causes beyond the reasonable control of SA Web Services, including, but not limited to virus infection, unauthorized access (hacking), power failure or other "acts of God".
9. REMOVAL AND CORRECTION OF CONTENT
Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the SA Web Services website to SA Web Services and SA Web Services undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.
10. DATA MESSAGES
The User and SA Web Services agree that:
- the User shall be bound to these terms and conditions and such agreement is concluded in Cape Town (South Africa) at the time the User enters the SA Web Services website for the first time;
- data messages addressed by the User to SA Web Services shall only be deemed to have been received if and when responded to;
- data messages addressed to the User by SA Web Services shall be deemed to be received by the User when it enters the information system designated or used for that purpose by the User and is capable of being retrieved and processed by the User;
- SA Web Services is not VAT registered.
12. APPLICABLE AND GOVERNING LAW
The law enforced by the South African courts governs the use or inability to use the SA Web Services website, its content, services and these terms and conditions. Any dispute arising out of the use or publication of this site is subject to the exclusive jurisdiction of the courts of South Africa.
13. ENTIRE AGREEMENT AND SEVERABILITY
- These terms and conditions constitute the entire agreement between SA Web Services and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by SA Web Services from the User.
- Any failure by SA Web Services to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.
- In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.
14. RENT-TO-OWN WEBSITE TERMS OF SERVICE
- Rent-to-Own websites and domain names registered under such agreements will remain the property of SA Web Services for the duration of the contract, after which time ownership will be transferred to the client, subject to point 14.1.1 of these terms
- All domain names registered under Rent-to-Own agreements will only be transferred to the client once all outstanding accounts have been settled in full.
- Once ownership of the domain name has been transferred to the client, the client will be liable for any domain renewal fees and website hosting fees at the prevailing rate.
- Monthly fees are payable via Debit Order on the first business day of each month;
- Should fees become overdue, the account will automatically be suspended;
- Should the account be two (2) months or more in arrears, the client will be liable for the full balance of the web design portion of the agreement, and the contract will be terminated;
- Should the the account remain in arrears for a period of three (3) months or more, SA Web Services reserves the right to pursue legal acation to recover the outstanding fees;
- Rent-to-Own agreements include monthly hosting fees for the Basic Business Hosting package. Additionals fees may be levied should the client require a larger hosting package.
- Rent-to-Own agreements include a specified amount of maintenance time. This time may be used by the developers, at their discretion, to perform necessary website system upates and security checks.
- Any other maintenance required by the client may be billed should the allocated maintenance time have been utilised to perform system and security updates;
- Allocated maintenance time doe not accumulate or carry over to the following month;
- Maintenance time is reset on the first day of each month;
- All website maintenance requests by the client are to be submitted via the online support ticket system;
- Should the client wish to cancel the Rent-to-Own agreement, the client will be liable for the balance of the fees for design of the website and the domain registration fees.
- No fees paid by the client will be refunded to the client under any circumstances.
- SA Web Services reserves the right to ammend and alter these terms at any time without express notice to the client.