Terms and Conditions

By placing an order with Webstyle (SouthDirect Trading (Pty) Ltd , you confirm that you are in agreement with and bound by the terms and conditions below.

Definitions: 

The Client: The company or individual requesting the services of Webstyle (SouthDirect Trading (Pty) Ltd.

Webstyle (SouthDirect Trading (Pty) Ltd:) Primary designer/site owner & employees or affiliates. 

General
Webstyle (SouthDirect Trading (Pty) Ltd will carry out work only where an agreement is provided either by email, telephone, mail. Webstyle (SouthDirect Trading (Pty) Ltd will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between Webstyle (SouthDirect Trading (Pty) Ltd and the client, this includes telephone and email agreements.

Website Design
Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Webstyle (SouthDirect Trading (Pty) Ltd cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.

The website, graphics and any programming code remain the property of Webstyle (SouthDirect Trading (Pty) Ltd until all outstanding accounts are paid in full.

Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by Webstyle (SouthDirect Trading (Pty) Ltd remain the copyright of Webstyle (SouthDirect Trading (Pty) Ltd  and may only be
commercially reproduced or resold with the permission of Webstyle (SouthDirect Trading (Pty) Ltd.

Webstyle (SouthDirect Trading (Pty) Ltd cannot take responsibility for any copyright infringements caused by materials submitted by the client or used by the client in the future on their website. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

Any coding additions to website briefs provided will be carried out at the discretion of Webstyle (SouthDirect Trading (Pty) Ltd and may carry an additional cost. Where no charge is made by Webstyle (SouthDirect Trading (Pty) Ltd  for such additions, Webstyle (SouthDirect Trading (Pty) Ltd  accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.

The client agrees to make available as soon as is reasonably possible to Webstyle (SouthDirect Trading (Pty) Ltd all materials required to complete the site to the agreed standard and within the set deadline.

Webstyle (SouthDirect Trading (Pty) Ltd  will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

Webstyle (SouthDirect Trading (Pty) Ltd  will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner. eg. Any disputes re-content/images that have been provided to us for inclusion on the site.

Webstyle (SouthDirect Trading (Pty) Ltd  will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.

Webstyle (SouthDirect Trading (Pty) Ltd  will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.

In no event shall Webstyle (SouthDirect Trading (Pty) Ltd be liable for any direct, indirect, consequential, special and exemplary damages, or any damages whatsoever, stemming from the use or performance of a client website or from any information, products and services provided through client sites, even if this website has been advised of the possibility
of such damages.

  1. In the absence of any negligence or other breach of duty by us, your use of our client websites is entirely at your own risk.
  2. If we are in breach of the arrangements under this agreement, we will not be responsible for any losses that you suffer as a result.
  3. We do not have any liability of any sort (including liability for negligence) for the acts or omissions of providers of telecommunication services or for faults in or failures of their networks and equipment.

A non-refundable deposit of 50% is required with all of our projects before any design work will be carried out.

Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms.
There are no exceptions to this, i.e if the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non-payment will result in legal action being taken if necessary. Once full payment is received for a website, it is assumed that the project
has been completed to the client’s satisfaction and no refunds can be offered. We do offer free updates for a month after completion to allow for any final amendments that may be required.

In the event that a project drags on for over 6 months Webstyle (SouthDirect Trading (Pty) Ltd reserve the right to terminate the project or recalculate the rates, particularly if the 6 months falls over our annual rate escalation date (1st January).

Database, Application and E-Commerce Development
Webstyle (SouthDirect Trading (Pty) Ltd cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use.

Any scripts, applications or software (unless specifically agreed) written by Webstyle (SouthDirect Trading (Pty) Ltd  remain the copyright of Webstyle (SouthDirect Trading (Pty) Ltd  and may only be commercially reproduced  or resold with the permission of Webstyle (SouthDirect Trading (Pty) Ltd .

Where applications or sites are developed on servers not recommended by Webstyle (SouthDirect Trading (Pty) Ltd , the client is expected to provide or seek any information, additional software, support or co-operation pertaining to the server required in order for the application to be correctly developed. Where large applications are to be developed, it is the
client’s responsibility to provide a suitable testing environment which is identical to the final production environment.

The client is expected to test fully any application or programming relating to a site developed by Webstyle (SouthDirect Trading (Pty) Ltd before being made generally available for use.
Where “bugs”, errors or other issues are found after the site is live, Webstyle (SouthDirect Trading (Pty) Ltd will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief.

Webstyle (SouthDirect Trading (Pty) Ltd cannot be held accountable for software updates, server environment changes or any other changes to live websites or applications that impact their functioning after going live. It is always the responsibility of the client to keep their software up-to-date – this includes both free and premium scripts – such as CMS, Components, Modules and Plugins.

Compatibility
Webstyle (SouthDirect Trading (Pty) Ltd  will endeavour to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software Microsoft Internet Explorer and to an acceptable level with Mozilla browsers, such as Firefox. Webstyle (SouthDirect Trading (Pty) Ltd can offer no guarantees of correct function with all browser software as they constantly change.

Website Hosting
Whilst Webstyle (SouthDirect Trading (Pty) Ltd recommends hosting companies to host websites, no guarantees can be made as to the availability or interruption of this service by Webstyle (SouthDirect Trading (Pty) Ltd cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss.

Webstyle (SouthDirect Trading (Pty) Ltd  reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate any web hosting service we provide for clients should the necessity arise.

Webstyle (SouthDirect Trading (Pty) Ltd  hosting packages are limited to 25GB bandwidth for traffic, sites that exceed 25GB in a month will be billed for the over usage – R100 per GB

Website Optimisation
Due to external factors, such as changes to the way search engines rank websites, we cannot offer any guarantees regarding the position we will achieve for websites. The process of optimizing websites itself will bring in more traffic and hits and you’ll see visits increase to your site naturally. We cannot accept liability for any change in rankings, or drop off in the position of your website due to changes in the algorithms of the search engines or the factors that they use to rank websites.

Webstyle (SouthDirect Trading (Pty) Ltd  reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial.

Design for Print

  1. Colours vary from printer to printer, Webstyle (SouthDirect Trading (Pty) Ltd will not be held responsible for colour differences between machine calibrations.
  2. A digital artwork proof will need to be signed off by the client. If the client is not available or does not request a proof then the client assumes all risk in the case of there being any disputes. This includes, all content, sizing, colours, copy, finishing etc.
  3. Colours may vary from proofs and samples and computer screens.
  4. Digital proofs colours and quality may vary from litho printing.
  5. All content is assumed to be approved by the client, including all colours, content, errors & omissions.
  6. Webstyle (SouthDirect Trading (Pty) Ltd will not be responsible for any mistakes made in proofing, the client is 100% responsible.
  7. Webstyle (SouthDirect Trading (Pty) Ltd will charge you for any approved design time, regardless whether or not you go through with printing the final product or not.
  8. Webstyle (SouthDirect Trading (Pty) Ltd will not be held responsible for any damages that may result in late delivery of any product. The client is expected to plan ahead.
  9. All content is assumed to be approved by the client in any media.
  10. Any rights that may be required for any of the content is not the responsibility of Webstyle (SouthDirect Trading (Pty) Ltd.
  11. Webstyle (SouthDirect Trading (Pty) Ltd has the right to use clients artwork and photographs of printed media, for advertising/marketing and portfolio uses.
  12. Webstyle (SouthDirect Trading (Pty) Ltd provides no guarantees or warrantees whatsoever.
  13. All RAW files whether for Print or Online remain the property of Webstyle (SouthDirect Trading (Pty) Ltd. They may be disposed of at the discretion of Webstyle (SouthDirect Trading (Pty) Ltd with absolutely no rights to the client.

Payment of Accounts
A deposit is required from any new client before any work is carried out. It is the Webstyle (SouthDirect Trading (Pty) Ltd policy that any outstanding accounts for work carried out by Webstyle (SouthDirect Trading (Pty) Ltd or its affiliates are required to be paid in full, no later than 14 days from the date of the invoice unless by prior arrangement with Webstyle (SouthDirect Trading (Pty) Ltd .

Once a deposit is paid and work has been completed on our development server to your satisfaction you are obliged to pay the balance of payment in full before we deploy the site live on your server. We will contact clients via email and telephone to remind them of such payments if they are not received when due.

If accounts are not settled or Webstyle (SouthDirect Trading (Pty) Ltd  have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non-payment can result in county court judgements (ccj’s) being added to the client’s credit rating.

Following consistent non-payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment  through legal procedures, and if necessary court summons.

Your Privacy 
We do not share or sell any of your details with third party companies, without your express permission and we will only email you or contact you about work related matters.

Complaints Procedure
Informal procedure
Anyone who experiences a problem with their web service provided by Webstyle (SouthDirect Trading (Pty) Ltd  should raise the matter directly using our online contact form to do so, giving
sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint. Webstyle (SouthDirect Trading (Pty) Ltd will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.

Formal complaints procedure

The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.A formal complaint should be made in writing to Webstyle (SouthDirect Trading (Pty) Ltd, who will acknowledge receipt and ensure that the matter is looked into as soon as possible. An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay. Webstyle (SouthDirect Trading (Pty) Ltd reserve the right to modify our Terms and Conditions at any time, and without prior notice. Your continued use of our services indicates your acceptance of the amended Terms and Conditions.

 

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