Terms And Conditions
All prices include VAT unless stipulated otherwise. Prices subject to change without notice.
All products and services fall under our Terms and Conditions. It is assumed that the customer has read and understood the Terms and Conditions prior to engaging in any business transaction with the company.
This is an agreement between you and WEBARTIST CC regarding your use of¬†WEBARTIST CC's¬†computer, interactive information, communication and server management services. This Agreement governs the terms and conditions under which WEBARTIST CC makes the services offered by¬†WEBARTIST CC¬†available to individual consumers through a personal computer or similar access, or to individual consumers or small businesses in connection with the " WEBARTIST CC " web hosting or similar services. Under this Agreement, ycanceou must comply with¬†WEBARTIST CC then current "Acceptable Use Policy," as updated from time to time by WEBARTIST CC.
WEBARTIST CC¬†hereby sells the service to the Account Holder on the terms and conditions herein contained which terms and conditions the Account Holder is deemed to have familiarized himself/herself with and to have irrevocably accepted when they utilize any of¬†WEBARTIST CC Services.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
In these terms and conditions:
1. the "Account Holder" means the party who has purchased the service and/or any person using the service.
2. "the Service" means the Internet service described herein provided by¬†WEBARTIST CC to the Account Holder in terms of the terms and conditions herein contained;
3. "WEBARTIST CC" means WEBARTIST CC, and its Affiliates.
4. "Term" refers to the Term of the contract signed by the Account Holder.
PROVISION OF SERVICE
1. The Account Holder shall solely be responsible, unless otherwise stated in this agreement, for provisioning, configuration and maintenance of all equipment on their premises, including (but not limited thereto) computer hardware equipment, telecommunications equipment, modems and the like, which is or may be necessary for the Account Holder to obtain and retain access to the required service(s).
2. The Account Holder shall be liable for all telephone call charges and other third party costs incidental thereto.
AVAILABILITY OF SERVICE
1.¬†WEBARTIST CC shall make every effort to make the service available at all times and shall use its utmost endeavours to strive for 100% (one hundred percentum) uptime.¬†WEBARTIST CC is, however, unable to guarantee 100% (one hundred percentum) uptime.
2.¬†WEBARTIST CC will use its best efforts to maintain a full time Internet presence for the Account Holder.
3.¬†WEBARTIST CC shall strive at all times to provide Account Holders with prior notice, where possible, of scheduled maintenance so as to avoid Account Holders having to log-off for any period of time.
4.¬†WEBARTIST CC shall not be responsible for the performance of external communications networks to which service is connected, and which networks include the networks of Internet Service Providers other than itself.
5.¬†WEBARTIST CC's services are provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement.¬†WEBARTIST CC expressly disclaims any representation or warranty that the¬†WEBARTIST CC services will be error-free, secure or uninterrupted. No oral advice or written information given by WEBARTIST CC, its employees, licensors of the like, will create a warranty; nor may you rely on any such information or advice.
6. The Account Holder hereby acknowledges that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error.
7. In no event shall¬†WEBARTIST CC be liable to the Account Holder for any damages resulting from or related to any failure or delay of¬†WEBARTIST CC in providing access to the Internet under this Agreement.
8. In no event shall¬†WEBARTIST CC be liable to the Account Holder for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof.
9. The aggregate, total liability of¬†WEBARTIST CC under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder hereunder.
10. The Account Holder accordingly indemnifies¬†WEBARTIST CC against all claims of whatsoever kind and whether foreseeable or unforeseeable, as a result of¬†WEBARTIST CC being unable to make its service available to the Account Holder under the circumstances described in this clause.
11. The terms of this Section will survive any termination of this Agreement.
The Account Holder acknowledges and agrees that:
Account Holders are expected to abide by generally accepted Usenet etiquette ("Netiquette");
1. The Account Holder shall not use the service in a manner which:
a) Constitutes a violation of any law, regulation or tariff that may be offensive to Internet users in general, to the public at large or as same may be determined from time to time by¬†WEBARTIST CC in its sole discretion, specifically including (but not limited to) the hosting of pornographic material, spamming, hacking and unsolicited mailing;
b) Is defamatory, fraudulent or deceptive;
c) Is intended to threaten, harass or intimidate;
d) Tends to damage the name or reputation of WEBARTIST CC, its holding company, affiliates or subsidiaries; or Interferes with the use and enjoyment of Internet related services of the Account Holders of¬†WEBARTIST CC .
The Account Holder undertakes to abide by all laws applicable to copyright, re-distribution or re-sell of any data and/or information retrieved from the service and/or the Internet as specified or implied by¬†WEBARTIST CC or any of the local or foreign service providers or laws governing the provisions of the service and Internet.
The Account Holder agrees not to harm WEBARTIST CC, its reputation, computer systems, programming and/or other persons using¬†WEBARTIST CC's services.
PAYMENT OF SERVICE
WEBARTIST CC¬†shall bill the Account Holder in advance for the following month for hosting/access services. Other services rendered traffic overages, support will be billed in arrears.
1.¬†WEBARTIST CC will only issue invoice on request by the Account Holder.
2. The Account Holder pays to¬†WEBARTIST CC such charges as levied by¬†WEBARTIST CC from time to time as follows:
a. Monthly Subscriptions - The charge for a subscription to the service on a monthly basis is a monthly fee, payable monthly in advance by the Account Holder to WEBARTIST CC, including a pro-rata charge for the first months billing (excluding excess traffic). Payment is rendered without deduction, free of exchange or set-off by way of debit order; or in such manner as determined by WEBARTIST CC. It is a condition of activation that details of a valid, un expired Visa, Master Card or a current bank account be provided for debit order purposes. All amounts due to¬†WEBARTIST CC will be recovered from the banking source given. This amount is non-refundable.
b. Bi-annual Subscriptions - The charge for a subscription to the service on a bi-annual basis is payable in full in advance by the Account Holder to WEBARTIST CC. It is a condition of activation that details of a valid, un expired Visa, Master Card, or a current bank account be provided for debit order purposes. All amounts due to¬†WEBARTIST CC will be recovered from the banking source given. This amount is non-refundable.
c. Annual Subscriptions - The charge for a subscription to the service on an Annual basis is payable in full in advance by the Account Holder to WEBARTIST CC. It is a condition of activation that details of a valid, un expired Visa, Master Credit Card, or a current bank account be provided for debit order purposes. All amounts due to¬†WEBARTIST CC will be recovered from the banking source given. This amount is non-refundable. Annual subscriptions will be renewed automatically.
d. Usage fees, where applicable, will be billed in arrears.¬†WEBARTIST CC reserves the right to withhold access for overdue accounts, while the Account Holder shall continue to be liable for the service until the conditions of notice of termination are fulfilled.
e. Debit Order Return Fee of R50-00 will be added to each debit order returned
f. Reconnection Fee of R80-00 will be added to each account that is disabled due to late or non payment.
g. Hardware acquired will only be released once the funds paid reflect in¬†WEBARTIST CC's bank account as cleared and available.
Without prejudice to rights granted to¬†WEBARTIST CC in terms hereof, any amount due by the Account Holder to¬†WEBARTIST CC not paid on due date thereof:
1. Shall bear interest at a rate of 15.5% per annum calculated daily in advance from the date payment was due until date of actual payment thereof; and
2. Should the Account Holder fail to pay any amount owing to¬†WEBARTIST CC on the due date,¬†WEBARTIST CC shall be entitled, in its discretion and without prejudice to any other rights, which it may have, to cancel this agreement without notice to the Account Holder, or to suspend performance of its obligation pending full payment by the Account Holder.
3. In the instance where this agreement, in respect of any products applied for, specifies a minimum period of one years duration and an Account Holder cancels or purports to cancel this agreement in respect of such products, prior to expiration of such year, the remainder of all monthly payments payable during the year shall all immediately become due and payable to WEBARTIST CC.
WEBARTIST CC¬†reserves the right to refuse the release of the customers website/domain on any account that has a balance owing to¬†WEBARTIST CC in respect of services rendered, this includes monies outstanding for Web hosting services, Internet access services and support services rendered to the customer by WEBARTIST CC.¬†
WEBARTIST CC shall be entitled to take all such steps, without notice to the Account Holder, as may be necessary to recover such outstanding amount. The Account Holder shall be liable to pay all costs incurred in respect of the recovery of such outstanding amount.
In the case of a CC/Partnership the Members/Partners bind themselves personally liable for any amounts owing to¬†WEBARTIST CC in respect of the CC/Partnership. In the event of a CC or Partnership being liquidated the Members/Partners bind themselves personally liable for any amounts outstanding and any costs incurred in respect of the recovery of the outstanding amount.¬†WEBARTIST CC furthermore reserves the right to blacklist with any or all credit bureau agencies within the republic of South Africa the Members/Partners of such CC / Partnerships who fails to comply with the payment agreement for subscription to the service.¬†
WEBARTIST CC furthermore reserves the right to blacklist with any or all credit bureau agencies within the republic of South Africa, any such Account Holder who fails to comply with the payment agreement for subscription to the service. In addition¬†WEBARTIST CC will not be held responsible or be required to assist with the removing or rescinding of any such information, which may be recorded by a credit bureau agency.¬†
WEBARTIST CC reserves the right to amend Service subscription charges at its sole discretion.¬†WEBARTIST CC will give the Account Holder 30(Thirty) days notice of any such amendment and the Account Holder shall be bound to such adjustments.¬†
WEBARTIST CC may temporarily deny service or terminate this Agreement upon the failure of Account Holder to pay charges when they become due. Such termination or denial will not relieve the Account Holder of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
Account Holder acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the Account Holder. Account Holder is aware that¬†WEBARTIST CC reserves the right to change the specified rates and charges from time to time.
SUSPENSION/DISCONNECTION OF SERVICE
WEBARTIST CC¬†may from time to time and without notice, suspend and/or disconnect a Account Holder from the service in any of the following circumstances:
a. During any technical failure, modification or maintenance of the Service, provided that¬†WEBARTIST CC will use its reasonable endeavours to resume the service as soon as possible;
b. Should the Account Holder fail to comply with any of the Terms and Conditions of this agreement, including failure to pay any charges due, until the breach, if capable of remedy, is remedied, or does, or allows to be done, anything which in¬†WEBARTIST CC's opinion may have negatively affected the operation of the Service.
c. If the Account Holder fails to make the required payment for such monies due to¬†WEBARTIST CC for subscription to the service, and/or in the event of a Account Holder being in arrears on either monthly, bi-annual or annual payments, with no attempt from the Account Holder to resolve.¬†
WEBARTIST CC reserves the right to levy a re-connection charge, an amount determined and calculated at the discretion of WEBARTIST CC, payable by the Account Holder on invoice, for any request to be reconnected to the Service, and irrespective of how the Service was suspended or disconnected.
Notwithstanding any suspension of the Service in terms hereof, the Account Holder shall remain liable for all charges due throughout the period of suspension unless¬†WEBARTIST CC in its sole discretion determines otherwise in writing.
In the event of 30 days of non-payment, you agree to¬†WEBARTIST CC's right to place a "non-payment" page on your domain. Furthermore you agree that DNS of your domain will remain unchanged until full payment for the outstanding balance on your account has been received by WEBARTIST CC.
The Account Holder undertakes to comply with all regulatory obligations that may now or in the future be imposed by the body under whose authority the service falls. The Account Holder furthermore acknowledges that the imposition of regulatory obligations by such body may necessitate amendments to be affected to these terms and conditions and hereby consents to¬†WEBARTIST CC effecting such amendments without prior notice.
Any scheduled meeting with a Web Artist representative must be cancelled 1 working day in advance. In the event of Late Cancellation or Non-Attendance, Web Artist reserves the right to invoice the absent or non-attending parties for the time allocated to the meeting according to the ruling hourly rate at the time of the meeting.
If either¬†WEBARTIST CC or the Account Holder breaches any term of this agreement and fails to remedy such breach within 14 (fourteen) days of written notice requiring to do so, then the party not in breach shall be entitled, but not obliged, without prejudice to any rights or remedies which it may have, to cancel this agreement or to claim immediate performance and/or payment by the party in breach.
If any dispute shall arise in respect of any provision contained in this Agreement then such dispute should:
i)¬†¬† ¬†if it shall be of a legal nature be referred to a senior partner having not less than 10 (ten) years‚Äô experience in commercial law of any of the law firms in Gauteng;
ii)¬†¬† ¬†who shall act as an expert, and determine in such dispute shall, if it deems it necessary, be entitled to receive oral or written representations from the parties and whose decision shall be final and binding upon the parties, and in the absence of manifest error, not be subject to review.
COMMENCEMENT, DURATION AND TERMINATION
1. This agreement shall, save as expressly indicated to the contrary in any specific product application form or contract, commence upon acceptance of the application by¬†WEBARTIST CC and shall continue indefinitely thereafter, provided that either party shall be entitled to terminate this agreement (or any specific product applied for) on one calendar month's written notice to the other to that effect.
2. Written notice must reach¬†WEBARTIST CC by no later that the 1st of the calendar month.
3. No Website will be published to the domain and made live until all outstanding payments have been settled.
DISCLAIMER FOR LIABILITY
1. Although¬†WEBARTIST CC shall use reasonable endeavours to provide disaster recovery,¬†WEBARTIST CC does not specify any recovery time, nor shall¬†WEBARTIST CC be liable for any loss or damage of whatever nature incurred or suffered by the Account Holder from any cause whatsoever as a result of¬†WEBARTIST CC failure to provide, or delay in providing, or providing only partial, disaster recovery. The Account Holder is accordingly advised to make back-ups of its data. Nothing contained in this paragraph should be construed as a representation that any back-ups of data implemented by Account Holder will be successful or in any way will avoid disaster.
2. The Account Holder shall have no claim against¬†WEBARTIST CC and the Account Holder hereby indemnifies and holds¬†WEBARTIST CC free from liability in respect of any loss or damage by:
a. Caused by or arising from any fact or circumstances beyond the reasonable control of WEBARTIST CC; or
b. If such loss or damage is consequential or incidental loss or damage; or
c. Any downtime, outage, interruption in or unavailability of the server or the¬†WEBARTIST CC network as a result of or attributable to any of the following causes:
d. Software service, repairs, maintenance, upgrades, modification, alterations or replacement;
e. System downtime for any reason (including, but not limited to, service, repairs, routine maintenance, agreed maintenance, environmental maintenance, upgrades, modifications, alterations, replacement or a relocation of premises);
f. The damage, contamination or corruption of any kind of the server or any of the Account Holder's data, material, information and/or content howsoever occasioned;
g. Any inaccuracies in the impression statistics given to the Account Holder or in the page counter on the Account Holder's web site;
h. Any breakdown of whatever nature and howsoever arising in any of the services provided by Telkom (including, but not limited to, line failure) or in any international services or remote mail servers;
i. The non-performance or unavailability, of whatever nature and howsoever arising, of external communications networks to which the server or the¬†WEBARTIST CC network is connected;
j. Any infringement of the Account Holder's rights of privacy and/or any other like rights (including those of any other person or entity), by any person whomsoever arising from the hosting of the Account Holder's web site in terms of this agreement;
k. Any breach of security by any third party or any breach of confidentiality by a third party or otherwise arising from any access howsoever obtained by a third party to the Account Holder's information, data or content;
l. The service, repairs, maintenance, upgrades, modification, alterations or replacement of hardware forming part of the server or any faults or defects of whatever nature in the hardware;
m. Any service, repairs, maintenance, upgrades, modification, alterations, replacement or work of any nature done on the server by any third party;
3.¬†WEBARTIST CC reserves the right to take whatever action it deems necessary at any time to preserve the security and reliable operation of the¬†WEBARTIST CC network and the Account Holder undertakes that it will not do or permit anything to be done which will compromise the security of the¬†WEBARTIST CC network.
4. Without limiting the foregoing, as a result of any fact, cause or circumstances whatsoever and howsoever arising if¬†WEBARTIST CC has substantially performed its obligations under this agreement.
5. You agree that¬†WEBARTIST CC may establish limits concerning use of any¬†WEBARTIST CC service offered on any¬†WEBARTIST CC web site, including without limitation the maximum number of days that e-mail messages will be retained by any¬†WEBARTIST CC service, the maximum number of e-mail messages that may be sent from or received by an account on any¬†WEBARTIST CC service, the maximum size of an e-mail message that may be sent from or received by an account on any¬†WEBARTIST CC service, the maximum disk space that will be allotted on¬†WEBARTIST CC's servers on your behalf either cumulatively or for any particular service. You agree that¬†WEBARTIST CC has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any¬†WEBARTIST CC service. You acknowledge that the features, parameters (for example, the amount of storage available to Account Holders) or existence of any¬†WEBARTIST CC service may change at any time.
6. The responsibility of all passwords and other related sensitive information is assumed by the account holder, should any additional fee's arise from resource consumption due to poor credentials (such as, but not limited to blank passwords or "test" accounts) no fault shall be levied on WEBARTIST CC.
1. The Account Holder indemnifies and holds WEBARTIST CC, its employees, agents, dealers and/or distributors harmless against all losses, injury, damage, penalties and/or Claims of whatsoever nature and howsoever arising from or in connection with the service.
2. The Account Holder agrees to indemnify and hold¬†WEBARTIST CC harmless from any and all Claims resulting from or connected with any activities conducted by the Account Holder. The Account Holder and¬†WEBARTIST CC will promptly notify the other upon receipt of any Claim or legal action arising out of activities conducted pursuant to this Agreement. The rights and responsibilities established in this paragraph will survive any termination of this Agreement.
1. The parties choose domicilium citandi et executandi ("domicilium") for the purposes of giving any notice, the payment of any sum, the service of any process and for any other purpose arising from the agreement at the addresses specified in the application form.
2. Each of the parties shall be entitled from time to time by written notice to the other to vary his domicilium to any other address within South Africa, which is not a post office box.
3. Any notice required or permitted to be given in terms of this agreement shall be valid and effective only if in writing.
4. Any notice given and any payment made by one party to the other ("the addressee") which: -
5. is delivered by hand during the normal business hours of the addressee at the addressee's domicilium for the time being shall be presumed, until the contrary is proved, to have been received by the addressee.
6. Is transmitted by telefax or e-mail shall be deemed (in the absence of proof to the contrary) to have been received within 1 (one) hour of transmission where it is transmitted during normal business hours and within 4 (four) hours of the commencement of the following business day where it is transmitted outside those business hours.
7. Delivery is posted by prepaid registered post from an address within South Africa to the addressee at the addressee's domicilium for the time being, shall be presumed, until the contrary is proved, to have been received by the addressee on the 14th (fourteenth) day after the date of posting;
1. The account holder consents to the jurisdiction of the Magistrate‚Äôs Court in terms of Section 45 of the Magistrate‚Äôs Court Act, 32 of 1944, as amended, having jurisdiction under Section 28 of the said Act, notwithstanding that the claim by¬†WEBARTIST CC exceeds the nominal jurisdiction of the Magistrate‚Äôs Court as to amount.¬†¬†WEBARTIST CC shall be entitled to proceed against the account holder in any other court of competent jurisdiction, notwithstanding the contrary.
2. ¬†In any action instituted in the Magistrate‚Äôs Court the prevailing party will be entitled to recover all legal expenses on an attorney own client scale as well as collection charges.
1. Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery or by mail. If delivered by mail, notices shall be sent by any express mail service; or by certified or registered mail, return receipt requested; with all postage and charges prepaid. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, or as specified by subsequent written notice delivered by the party whose address has changed.
CESSION AND DELEGATION
1. The Account Holder shall not cede, assign or delegate or in manner whatsoever transfer (including but not limited to the sub-letting or re-sale of any disk space, server capacity or web hosting) of any of its rights or obligations under this agreement without the prior consent or¬†WEBARTIST CC .
2. In the event of any change in controlling interest in the Account Holder,¬†WEBARTIST CC shall be entitled to terminate this agreement on notice to the Account Holder.
3. The Account Holder shall notify¬†WEBARTIST CC of any change in its controlling interest within 14(Fourteen) days of such change.
4.¬†WEBARTIST CC shall be entitled to cede and transfer or delegate to any third party, at its absolute discretion, all or any of its right and obligations under these terms and Conditions.
1. The Account Holder acknowledges and agrees that these terms and Conditions govern the Account Holders use of the Service and that there are not other agreements, guarantees or representations, either verbal or in writing, in regard thereto.
2. The Account Holder shall not, without the express written permission of¬†WEBARTIST CC , resell or make available to any third party such services as they might receive from¬†WEBARTIST CC .
3. These terms and conditions may change from time to time.
4. The Account Holder may view such terms and conditions at http://www.webartist.co.za and unless otherwise notified,¬†WEBARTIST CC shall deem that the Account Holder has acknowledged and agreed thereto within 14(Fourteen) days of such changes being affected.
5.¬†WEBARTIST CC may include the Account Holder's name and contact information in directories of¬†WEBARTIST CC's service subscribers for the purpose promoting the use of the services by additional potential Account Holders. However,¬†WEBARTIST CC is not authorized to print the Account Holder's name, trademarks or other identifying information in any other advertising or promotional materials without the prior written consent of the Account Holder.
6.¬†WEBARTIST CC will not change passwords to any account without proof of identification, which is satisfactory to WEBARTIST CC, which may include written authorization with signature.
7. In the event of any partnership break-up, divorce or other legal problems that includes Account Holder, Account Holder understands that¬†WEBARTIST CC will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will¬†WEBARTIST CC be liable for any losses incurred by Account Holder during this time of determination of ownership, or otherwise. The Account Holder agrees to indemnify and hold harmless¬†WEBARTIST CC from any and all Claims arising from such ownership disputes. The terms of this Section will survive any termination of this Agreement.
8. This Agreement constitutes the entire agreement between the Account Holder and¬†WEBARTIST CC with respect to the¬†WEBARTIST CC services and supersedes all prior agreements between the Account Holder and WEBARTIST CC.¬†WEBARTIST CC's failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. The terms of this Section will survive any termination of this Agreement.
9. This Agreement applies to all accounts, sub-accounts, and alternative account names associated with your principal account. The Account Holder is responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all Account Holders of that account. A¬†WEBARTIST CC account may not be transferred without prior written approval from WEBARTIST CC. The Account Holder is responsible for maintaining the confidentiality of his/her password. In the event of a breach of security through the Account Holder's account, the Account Holder will be liable for any unauthorized use of¬†WEBARTIST CC services, including any damages resulting there from, until the Account Holder notifies¬†WEBARTIST CC's customer service.
10. The Account Holder's rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of WEBARTIST CC.
The signatory hereby binds himself or herself or themselves as surety and co-principal debtor in solidum with the debtor in favour of¬†WEBARTIST CC for the due payment of all amounts which may at any time be payable by the debtor to¬†WEBARTIST CC from any cause of action whatsoever and whether acquired by¬†WEBARTIST CC by way of cession or otherwise. ¬†The signatory waives the benefits of excussion and division of the legal exceptions non numuratae pecuniae and non causa debiti and acknowledges himself to be fully acquainted with the meaning of these terms. ¬†The terms and conditions of this application shall apply with mutatis mutandis to this suretyship.
DIAL-UP - ACCESS TERMS & CONDITIONS
In order to ensure the security and reliable operation of the system to all Account Holders,¬†WEBARTIST CC hereby reserves the right to take whatever action¬†WEBARTIST CC finds necessary to preserve the security and reliability of the system.
1. WEBARTIST CC, with effect from the effective date, hereby grants to the Account Holder the use and enjoyment of its computer network to gain entry to the Internet ("access") on the terms and conditions set out herein.
2. The Account Holder hereby acknowledges receipt of such access and agrees:
a) That the log-in ID and password will be used for his/her personal use only;
b) Not to give or make available in any way his/her personal log-in ID and password to any other person for such person's use ("unauthorized use") and undertakes to maintain the confidentiality of such log-in ID and password;
c) In the event that any unauthorized use takes place, to pay immediately, on demand made by WEBARTIST CC, all such costs involved in the use of such Account Holder's log-in ID and password.
The Account Holder acknowledges that he/she is prohibited from utilizing¬†WEBARTIST CC services to compromise the security or tamper with system resources or account(s) on computer(s) at WEBARTIST CC, or at any other site.
The Account Holder agrees to conform to generally acceptable Internet etiquette ("netiquette") and to abide by¬†WEBARTIST CC's operating policies, which may be amended from time to time at¬†WEBARTIST CC's sole discretion, (and the Account Holder hereby indemnifies and holds¬†WEBARTIST CC free from liability in respect of any loss or damage of whatever nature caused as a result of any violations of such policy) which policies include but are not limited to the guidelines set out below:
a. Not to engage in any abuse of E-mail or spamming, and which shall include, but is not limited to, the posting or cross-posting of unsolicited articles with the same message (or substantially the same message) to an unacceptably high number of e-mail and newsgroup recipients that did not request to receive such messages;
b. Not to post or transmit any message, data, image or program which is defamatory, or violates any other personality rights; which is illegal, offensive, threatening, abusive, harassing, harmful or hateful or which violates the intellectual property rights of others;
c. Not to interfere with use of the Internet by any other¬†WEBARTIST CC Account Holders or other Account Holders;
d. Not to post or transmit any file which contains viruses or any other destructive features, regardless of whether or not damage is intended by the Account Holder;
e. Not to repeatedly post gratuitous off the topic postings;
f. Not to gather e-mail addresses and/or names for commercial, political, charity or like purposes; and
g. Not to violate the privacy of any person, which shall include but shall not be limited to, hacking.
In the event that the Account Holder should engage in any one or more of the above practices, which shall be determined in¬†WEBARTIST CC's sole discretion and which decision shall be final, then¬†WEBARTIST CC shall be entitled to:
Terminate, without notice, the Account Holder's account and/or access to¬†WEBARTIST CC services, including but not limited to web hosting services and e-commerce;
Bill the Account Holder for any costs incurred by WEBARTIST CC, including, but not limited to, bandwidth, administration costs, downtime, usage of¬†WEBARTIST CC's name or registered domain names, and CPU cycles; and
Notify all those persons who received the offending spam of the personal and public information of the Account Holder.
Without limiting the above, the Account Holder undertakes to abide by all laws applicable to the intellectual property rights (including but not limited to: title, copyright, trademarks, and patents) of any and all data and/or information retrieved from the service including those expressly or impliedly specified by¬†WEBARTIST CC or by any of the local or foreign service providers or any laws governing the provision of the service.
ADSL INTERNET ACCESS SERVICE - TERMS AND CONDITIONS
Commencement and Duration of this Agreement:
1. This Agreement commences on the date we accept your request to receive ADSL Internet Access Services (the "Commencement Date") and will continue for an initial term of 1 months (the "Initial Term") and monthly thereafter unless terminated earlier by either party in accordance with terms and conditions of this Agreement.
2. The Account Holder must ensure that Account Holder names and passwords used for ADSL Internet Access are kept confidential and are only used by authorized Account Holders. Please inform us immediately if you know or suspect that an Account Holder name or password has been disclosed to an unauthorized Account Holder or is being used in an unauthorized way. The Account Holder must not change or attempt to change an Account Holder name without our consent.¬†
WEBARTIST CC reserve the right (at our sole discretion):
a. To suspend Account Holder names and password access to the Service if at any time we think that there has been or is likely to be a breach of security; and to ask you to change any or all of the passwords you use in connection with the Service.
b.¬†WEBARTIST CC is reliant on the service supplied by Telkom. Telkom does not guarantee the bandwidth throughput achieved when browsing Internet utilizing an ADSL access line and this¬†WEBARTIST CC cannot do so either.
3. Bandwidth Over Usage -In certain instances customers might run over their available cap, due to the ADSL Accounting only being able to be updated on an hourly basis from the Telkom ADSL equipment. In such instances the customer agrees that the over usage of traffic will be automatically subtracted from their ADSL account on addition of extra bandwidth or on the rollover to the following months traffic usage. In the event the customer cancels their account or is on prepaid traffic, the customer will be invoiced for the over usage of traffic. The customer agrees to will be held liable for all over usage costs at the going rate at the time.
4. All Shaped ADSL services is shaped automatically by Telkom and peer-to peer software might not work 100% on these ADSL accounts, the client agrees to not hold¬†WEBARTIST CC liable for such problems.
5. Service Cap - A service cap will be imposed at the selected traffic cap selected on the ADSL services. What this means is that after you have used up your selected traffic cap (to or from your PC) your connection will be disconnected and a limited network access will be available to add additional traffic to your account.¬†WEBARTIST CC cannot be held liable for the result of your service being capped.
6. You hereby agree that¬†WEBARTIST CC may from time to time send you communications regarding (without being limited to) special offers/discounts which¬†WEBARTIST CC may negotiate for its members, operational changes that may affect the service and/or new services launched by¬†WEBARTIST CC from time to time.
DOMAIN SERVICES - TERMS AND CONDITIONS
1.¬†WEBARTIST CC shall in accordance with the Account Holder's instructions as set out in this application form and at such charge specified in the main order form procure the registration, transfer, modification and / or forwarding of a domain name for the Account Holder.¬†
2. The Account Holder acknowledges that such the registration, transfer, modification and / or forwarding of a domain name is subject to the rules and regulations of the authority responsible for registrations and that¬†WEBARTIST CC cannot guarantee the registration of the domain selected by the Account Holder.¬†
3. The Account Holder hereby warrants that it is the lawfully entitled owner of the domain name, or has the consent of the owner to use such domain name and that in using the domain name it has not violated any intellectual property rights of whatever nature of any person who may lawfully claim title of whatever nature to such domain name and hereby indemnifies and holds¬†WEBARTIST CC free from any liability and any claims of whatever nature howsoever arising as a result of the use of the domain name.¬†
4. The Account holder acknowledges that in the event of a suspension/disconnection due to non payment for services rendered, which is outstanding for a period of over 30 (Thirty) days without remedy,¬†WEBARTIST CC at its sole discretion may :¬†
a. Take ownership of such domain names at its own cost, for Resale to other parties or for own use. The Account Holder agrees to indemnify and hold harmless¬†WEBARTIST CC from any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorney's fees, costs, and other expenses incurred by WEBARTIST CC, (collectively, Claims) related to or in connection with¬†WEBARTIST CC taking over such domain name ownership.¬†
b. Issue a deletion request for the domain at the specific registration authority.¬†
The Account Holder agrees to refund to¬†WEBARTIST CC the costs levied by registration authorities in procuring the registration of the domain name.¬†
A fee of R10-00/per month will be charged should you just "park" your domain name on our servers
MAIL SPOOLING - TERMS AND CONDITIONS
1.¬†WEBARTIST CC shall provide the Account Holder with an SMTP/POP3 mail spooling service in accordance with the Account Holder's choices as set out in this application form and at such charges as specified in the main order form.
2. The charge for SMTP/POP3 mail spooling service does not include SMTP server set up costs.
3.¬†WEBARTIST CC assumes no responsibility for the failure of any mail delivery or the loss of any mail.
4. The Account Holder undertakes to take all reasonable steps to prevent the SMTP/POP3 mail spooling service from being used as a relay, and¬†WEBARTIST CC reserves the right to suspend or terminate the service if relaying occurs until such time as the Account Holder has taken steps to prevent the relaying.
5. The Account Holder is responsible for ensuring that the Account Holder mail site is protected against viruses.
WEB SITE AND HOSTING - TERMS AND CONDITIONS
WEBARTIST CC¬†shall, in accordance with the account holder's choices indicated on the account holders application form:
1. Host an account for you, the Account Holder, for the Account Holder's chosen domain name, for a minimum period of 12 (Twelve) months commencing from the date upon which the Agreement Document was signed.
2. Permit users of the Internet, access to the Web site, limited to a maximum monthly data traffic allowance of bandwidth measured in megabytes as set out in the application form and subject to such additional charges as set out in the application form;
3. Provide such platform as set out in the application form; Allocate the Account Holder disk space on¬†WEBARTIST CC's server as indicated on this application form;
4. Take such steps as¬†WEBARTIST CC regards as reasonable to secure the Account Holder's Web site from unauthorized access;
5. The then current contract will be automatically renewed at the end of the term and each successive renewal term, unless terminated by the customer.
6. We require written notification of cancellation of a service with 30 days prior to the renewal date. If a contract is cancelled before the term of the said contract is completed an early cancellation fee will apply.
8. There are no refunds on a-la-carte services.¬†
9. Website deposits are non-refundable.
10. Support hours not used in a month will expire at the end of that month and will not be transferable to the next month.
11. The Virtual Web Server Internet account and/or related electronic services can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. Further, the Account Holder agrees not to store, transmit, link to, advertise or make available any images containing pornography.
12. Violations of these or any other provisions of this Agreement may result in termination of the services provided by WEBARTIST CC, with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of¬†WEBARTIST CC based upon the severity of the violation.
13.¬†WEBARTIST CC reserves the right to refuse service if any of the content within, or any links from, the Account Holder's web site is deemed illegal, misleading, or obscene, or is otherwise in breach of¬†WEBARTIST CC then current Acceptable Use Policy, in the sole and absolute opinion of WEBARTIST CC.
14. Notwithstanding anything in this Agreement, the content of the Account Holder's web site is the sole responsibility of the Account Holder.
15.¬†WEBARTIST CC shall not be liable for any illegal software or licenses.
16. The Account Holder agrees to indemnify and hold harmless¬†WEBARTIST CC from any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorney's fees, costs, and other expenses incurred by WEBARTIST CC, (collectively, Claims) related to or in connection with the content of the Account Holder's web site.
The terms of this Section will survive any termination of this Agreement.
17. In the event that the client is using a Content Management System (CMS) the client fully indemnifies Web Artist of any, including but not limited too, damage, instability or down-time caused on the website while the client or any third parties were working on the system. Web Artist will strive to protect and maintain the integrity of your website within the reasonable bounds of the signed and paid for service package.
18. The client shall not copy, distribute or engineer the proprietary info or intellectual property of¬†WEBARTIST CC at any time, in whole or in part, without the prior express, written consent of the WEBARTIST CC.
19. Except as otherwise expressly provided herein,¬†WEBARTIST CC owns and shall retain all of the right, title and interest in and to the proprietary information and intellectual property of any work done by WEBARTIST CC, and the client shall not make any claim to the contrary.
20. All digital intellectual property owned by Web Artist, including but not limited to websites, etc. will be hosted exclusively on Web Artist servers.
21.¬†WEBARTIST CC reserves the right to withhold the FTP details for any domain hosted by it and will not release these details to any third parties without the express consent of Web Artist and the relevant client.
CONTENT MONITORING AND TERMINATION RIGHTS
1. The Account Holder acknowledges that¬†WEBARTIST CC has no knowledge of, nor interest in, nor in any way contributes to, nor approves the creation of the Account Holder's content as hosted by¬†WEBARTIST CC and published by the Account Holder on the Account Holder's web site and that hosting or publication of certain kinds of content may be offensive, unlawful, in breach of codes of conduct binding on WEBARTIST CC, violations of legislation (including regulations), violations of the common law generally, and violations of the requirements and rules of any regulatory authority and that hosting and publication of certain kinds of content may cause harm to the name, goodwill and reputation of WEBARTIST CC, its affiliates, and its business partners.
2. Accordingly the Account Holder agrees, if¬†WEBARTIST CC in the exercise of its sole discretion is of the opinion that the Account Holder's content is offensive, unlawful, or harmful, as set out above, or the Account Holder has uploaded and utilized illegal or harmful software or licenses, that¬†WEBARTIST CC without derogating from any of its other rights in terms of this agreement, may:
a. request the Account Holder forthwith to remove the offensive, unlawful, or harmful content, as the case may be; or
b. request the Account Holder forthwith to amend or modify the content; or
c. without notice delete the Account Holder's web site from the server; or
d. without notice terminate access to the Account Holder's web site; or
e. The Account Holder agrees that nothing that¬†WEBARTIST CC does in the performance of its obligations in terms of this agreement or in the carrying on of its business generally shall be construed as an assumption of responsibility or liability by¬†WEBARTIST CC for the content of the Account Holder's web site or the illegal use of software or licenses and the publication thereof, whether or not¬†WEBARTIST CC had knowledge of such content and the Account Holder hereby indemnifies¬†WEBARTIST CC and holds it harmless against any liability and any claims of whatever nature made by any person for any loss or damage suffered arising directly or indirectly from the hosting and/or publication of the Account Holder's content or software as well as any other data or software on the Account Holder's web site.¬†
WEBARTIST CC shall use its best endeavours to notify the Account Holder of any action taken in terms of clause above, but does not warrant that notice shall be given to the Account Holder prior to such action being taken.
If¬†WEBARTIST CC assigns the Account Holder an Internet Protocol address in connection with the Account Holder's use of the¬†WEBARTIST CC services, the right to use that Internet Protocol address will remain with and belong only to WEBARTIST CC, and the Account Holder will have no right to use that Internet Protocol address except as allowed by¬†WEBARTIST CC in its sole and absolute discretion.
If the Account Holder sells or resells advertising or web space to a third party then the Account Holder will be responsible for the contents of that advertising and the actions of that third party.¬†WEBARTIST CC has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current¬†WEBARTIST CC Acceptable Use Policy. The e-mail distribution by the Account Holder of "SPAM", "JUNK MAIL", or "UNSOLICITED COMMERCIAL E-MAIL", is expressly prohibited. If the Account Holder refuses to remove any advertising or other third party content deemed objectionable by WEBARTIST CC,¬†WEBARTIST CC may terminate the services being provided to the Account Holder.¬†
WEBARTIST CC reserves the right to select the server for Account Holder's web site for best performance. The Account Holder understands that the services provided by¬†WEBARTIST CC are provided on a shared server. This means that one web site cannot be permitted to overwhelm the server with heavy CPU usage, for example from the use of highly active CGI scripts or chat scripts. If the Account Holder's web site overwhelms the server and causes complaints from other users, the Account Holder has outgrown the realm of shared servers, and will need to relocate it's web site.¬†WEBARTIST CC will refund any unused portion of prepaid services. If the Account Holder refuses to comply with this Section, then¬†WEBARTIST CC has the right to terminate the services provided to the Account Holder without any refunds of the unused portion prepaid by the Account Holder. The Account Holder agrees to indemnify and hold harmless¬†WEBARTIST CC and any other Account Holder from any and all Claims resulting from the Account Holder's use of the services provided by¬†WEBARTIST CC the terms of this Section will survive any termination of this Agreement.
E-MAIL - TERMS AND CONDITIONS
1.¬†WEBARTIST CC shall provide the Account Holder with e-mail services in accordance with the Account Holder's choices as set out in the this application form.
2.¬†WEBARTIST CC assumes no responsibility for the failure of any mail delivery or the loss of any mail.
3. The Account Holder is responsible for ensuring that the Account Holder mail site is protected against viruses.
BULK MAILING SERVICES - TERMS AND CONDITIONS
1.¬†WEBARTIST CC shall provide the Account Holder with a Bulk email service in accordance with the Account Holder's choices as requested.
2. The account Holder will ensure that all subscriptions on the maillist are verified subscriptions, and dirty lists will result in possible blacklisting of ip addresses and will result in suspension and possible termination of such mail lists.
3.¬†WEBARTIST CC shall assume no responsibility for the failure of any mail delivery or the loss of any mail.¬†WEBARTIST CC will immediately terminate any list owner account that it believes in it's sole discretion, is transmitting or is otherwise connected with any junk mail, spam, chain letters, or other unsolicited bulk e-mail, commercial, or otherwise.
4. Compliance of the ECT Act regarding Commercial mail must be abided to. Any contravention of the Act leading to legal action due to the breach will be for the mail list owners‚Äô responsibility.
5. The Account Holder indemnifies and holds WEBARTIST CC, its employees, agents, dealers and/or distributors harmless against all losses, injury, damage, penalties and/or Claims of whatsoever nature and howsoever arising from or in connection with the Bulk email service.
6. If any of¬†WEBARTIST CC ip addresses get blacklisted due to UCE bulk email / Spam sending from any mail list will result in the Account Holder being responsible for costs to have such ip addresses removed from the blacklist systems. This is normally charged at around $50 per ip address/spam email received by RBL's such as Sorbs, Spamhaus, Spamcop, etc. This is normally charged as a "fine" and paid to one of the charities identified by the specific RBL system at that point in time.
7. By using our bulk mailing system, we automatically accept that you have agreed to be bound by these terms and conditions listed herein.
TERMS AND CONDITIONS -¬†WEBARTIST CC¬†(CONDITIONS OF SALE)
All prices include VAT unless stipulated otherwise. Prices subject to change without notice.
All products and services fall under our Terms and Conditions. It is assumed that the customer has read and understood the Terms and Conditions prior to engaging in any business transaction with the company.
1. You agree that Quotes and Invoices are not valid without these terms of sale, and that you have read and understood these terms in full.
2. A written quotation is requested by you before a purchase can be made.
3. All orders are made to your specifications.
4. You agree that we resell and distribute products and services on behalf of our suppliers, and that we shall not be responsible or liable for any claim arising as a result of warranty issues, damages or losses that has occurred through the use of their products. You further agree that all responsibility lies with the manufacturers and original South African suppliers of these products, and that we have made no guarantees or warranties to the appropriateness of any product. Our sole responsibility will be to communicate your concerns to the supplier and to return the product for inspection and possible repair at our original South African supplier. The delivery and collection costs of faulty products are the customer's responsibility.
5. Suitability of goods: We do not warrant the suitability of goods. Please check the suitability of products with the manufacturer before purchasing. When making a purchase, the customer agrees that he/she has made the necessary enquiries to ensure that the product suits his/her needs, requirements and specifications. The user agrees that by purchasing a DSP license (of any software), that the user is (a) a system builder and (b) that the software will be used for new computers. The user agrees to return such (unused) software immediately if a license is incorrect for a refund or replacement of the correct license.
6. Payment: All payments are in advance, by bank transfer or by cash into one of our accounts.
7. No Cheque payments: You agree not to make payment by cheque without receiving prior written permission from a manager. If payment has been made by cheque without permission, no goods will be released until the cheque has cleared in our account, which may take 10 working days or longer. The original order will be cancelled immediately, and a new quote will be issued for the products with updated pricing when the cheque has cleared our account, at which point, any price difference will have to be paid or refunded. In the event of a returned or cancelled check You will be liable for the bank charges and penalties.
8. Credit card payments: We do not accept credit card payments. You may pay using your credit card through your bank, the Internet or ATM by doing a "credit card transfer" from your linked account.
9. Collections and cash on delivery (COD): All payments are to be done in advance before delivery is made. You may collect orders from our premises in Krugersdorp once full payment has been received and has cleared in our bank account.
10. Warranties: All warranties are covered by our original South African suppliers only, this may not always be the same as the manufacturer warranty. The warranty period is different for each component and brand. Software and consumables, such as ink, paper and media, are not covered by any warranty. All warranties, unless stated otherwise, are carry-in: products are to be sent to us (or to the original supplier if an option to do so exists) at the customer's own expense, and the product is to collected at the customer's own expense.
11. Warranty periods: The original South African supplier is responsible for the warranty on their own products. If the original South African supplier is not able to cover a warranty for any reason, then we will not be obliged to cover the warranty for any reason, for any extended period of time whatsoever. From time to time, our suppliers change their warranty conditions and periods, and these conditions become effective immediately and override any warranty period indicated on our own invoices. Only the original suppliers' warranty period, as indicated on their original invoice to us from our supplier, is valid at any given time.
12. On-site warranties: All on-site warranties are covered by the original South African supplier only and not by WEBARTIST CC. Any on-site warranty that has been purchased with a product always defaults as to being a suppliers' on-site warranty without exception, and we are under no obligation to cover this warranty ourselves at any time.
13. Extended warranty: All extended warranties are covered by the original South African supplier or by the original manufacturer's representative in South Africa only. We do not offer any form of extended warranty on any product and do not cover any warranty ourselves. It is not possible to purchase or to receive such an agreement from our company unless we have made such a sale on behalf of our supplier. Any extended warranty cover that is indicated on our invoices and/or quotes always defaults as being a suppliers' extended warranty without exception, and we are under no obligation to cover this warranty ourselves at any time.
14. Warranty exceptions: Warranty does not cover physical damage of any sort. Damage that is not covered by a warranty includes, but is not limited to, physical damage, burnt components, lightning and surge damage. If a supplier has agreed to cover such damage, then they are responsible for honouring this cover. We will not cover this type of damage for any reason whatsoever.
15. Prices and specifications: The downloadable price guides and any price shown on our site are a reference only. Prices and specifications are subject to change without notice.
16. Stock availability: Receiving a quote does not imply that the items on that quote are in stock and customers must enquire about stock availability before making payment. Stock availability confirmation is only valid at the time when the enquiry was made, and unless the customer has requested for us to hold such stock (at our premises or at our suppliers), it will continue to be sold on a first come, first serve basis.
17. No stock available. Stock availability is not guaranteed. If stock is not available for any reason, then the quote becomes null and void since the product on which the quote was based on is no longer available. We offer you the option of an immediate refund if no stock is available.
18. Order on request products: "Order on request products" are products that need to be specially ordered for a customer. These are products that are not normally kept in stock at our suppliers, which have to be specially ordered and that takes longer than 7 calendar days to receive.
19. Should an item be "order on request", the price which was initially quoted is only valid for 24 hours and is subject to change. Any payment received for the product will be taken as a deposit for the product.
20. When the "order on request product" arrives at the supplier, the new price becomes effective. In the case of a price increase, the difference becomes payable by the customer, or in the case of a price drop, the difference becomes refundable to the customer.
21. We reserve the right to cancel these orders at any time.
22. An order may not be cancelled by the customer unless the price has increased by more than 5%, and we have agreed thereto. "Order on request" products are not returnable and are non-refundable once they have been received.
23. Courier charges: Courier charges between us and the customer, between the customer and suppliers, between the customer and the manufacturer's representative, is paid by the customer.
24. Sending orders and confirmation of receipt - All information on the price guide should be treated as an invitation for you to make an offer to purchase ("the order") and we remain entitled to reject any order without giving reasons. An order, once sent to us, cannot be withdrawn unless we agree thereto.
25. Trial - No Goods are sold on a trial basis.
26. Cash refunds - We do not issue cash refunds.
27. Credit and returns - Credit notes will be considered for returned goods, if the goods have been received by us within 7 (seven) calendar days of invoice. All items returned attract a minimum of 15% re-stocking fee, or a percentage equivalent to that charged by our suppliers if their charge is higher than 15%. All goods returned are to be correctly packaged. Specifically, goods must be returned in the packaging in which they were received, with all outer boxes and inner packaging intact (sealed and re-saleable). Items that are not correctly packaged will attract a minimum 20% handling charge.
28. We may refuse to give a refund on products that have been opened, used, installed, damaged or that are not correctly packaged. Software cannot be returned.
29. If the customer has used the product, installed or activated any software on the product, we reserve the right to charge rental for its use. There is a minimum charge of 20% of the value of the product for the first 7 days (the minimum charge is 7 days), and 10% per week thereafter (charged per full week). The rental charge applies from the date of invoice to the date we receive the product at our premises, rounded up to a full week. The rental fee will exclude additional charges (which becomes payable by the customer) which includes, but is not limited to, the full cost of any repair required to be done to the product, any support given, re-packaging, and the full cost of any activated software.
30. No credits will be issued after 7 (seven) days.
31. Exclusions for credit- No credits will be issued on Printer Cartridges, Software and CD's.
32. Quotation validity - A quotation is only valid if it has been received by you in an unchangeable, secure format, and it has not been altered in any way. If the valued is more than R300, at least one signature is required from us for the quote to be valid. Quotes are only valid while stocks lasts, and all prices, special offers and promotions will not be extended for any reason or for any duration of time once stock has been sold out.
33. When a quote is issued, discounted pricing may have been applied to bundled products. The quote is only valid when all the items on the quote are purchased as a whole unit in one consignment, including any delivery and administrative charges. Any price given for the separate components are not valid when purchased on their own and a new quote will need to be issued for those items.
34. Delivery charges - Delivery charges always applies if the goods are not collected from us. Free delivery only applies if we agree thereto in writing, and the words "Free delivery" clearly appears on your quote.
35. If a customer is not at the premises to take delivery when a delivery is attempted, then we reserve the right to charge the customer for delivery, no free delivery will apply and courier charges becomes payable. If several attempts have been made, then the goods will automatically be placed on for collection and it becomes the customer's responsibility to collect the goods from our premises. The delivery address will be the address printed on the customer's final quote, and the address will be considered correct and final. Any changes to the delivery address must reflect on the quote and final invoice. Once goods have been signed for at the delivery address given by the customer, the order will be considered delivered and fulfilled. Deliveries must be done to a place where the customer can take collection. Deliveries to plots, farms and constructions sites cannot be done. Deliveries to security complexes must be arranged with your security. Deliveries to offices must be arranged with your receptionists and/or security. Courier companies do not always call before delivery and the customer must be at the delivery premises at all times until delivery has been made. Deliveries are only done during office hours on work days.
36. Delivery charges paid by the customer on delivery - If the words "delivery" appears on your quote, but a delivery charge is omitted, or is given as 0 (Zero), then this means that the customer requires delivery but that the customer is directly responsible for the delivery charges with the courier company. The customer will pay the courier company immediately upon receiving the goods.
37. Collection - If the words "delivery" does not appear on your quote, then this indicates that the goods will be collected from us in Krugersdorp, either in person or by your own courier service at your own expense.
38. Returning of goods - If you return goods, or cancel an order once goods have been shipped, you agree to pay for all the shipping costs we have incurred in sending and receiving the goods. If a product has been returned, then we reserve the right to either reject the return, to charge a restocking fee and/or charge rental for the use of the product.
39. Waiting period on warranty returns - The minimum waiting period for the replacement of warranty items is 48 hours after return. This may be extended due to the availability of stock from the Manufacturer or Base Supplier.
40. Repair warranty - All items brought into the workshop for repair purposes carry a 90-day warranty. The warranty period will commence from Invoice date.
41. Failure to collect repaired goods - Any repairs that are not collected after 45 days will be disposed of without further notice.
42. Damage and defects on returns - Damage and defects which are in our opinion directly caused by incorrect or improper use, neglect, power surges, lightening damage, or mishandling by the customer are specifically excluded from any warranty or guarantee given or implied.
43. Completion of work - Any software configuration, installation or virus removal carried out and demonstrated to the Customer as working correctly is considered from that stage as completed task. If a similar fault occurs they will be treated as chargeable and will form a new contract.
44. Classified data - If a system is returned under warranty we cannot guarantee safety of any classified Data. It is the Customer's responsibility to backup all Data including Application Programs prior to returning any system back to our stores.
45. Software support - We will only support the Operating System supplied by us, we cannot offer support for any other software package, unless the software application is specifically written for the customer by our Programmers or has been supplied by us.
46. Manufacturer's extended warranties - Manufacturer's own extended warranties are to be used by the customer directly with the Manufacturer.
47. We are not liable for any consequential loss or expenses, however caused, including incidental return costs.
48. Goods supplied as gifts or for free - If the words "free", "gift" or a currency value of zero (0) appears next to an item, then these items do not carry warranties unless it has been clearly specified that such a warranty does exist on that item. The warranty terms must appear next to that item on your invoice. General warranties do not cover these items, even if any other reference to warranty periods appears on your invoice or quote. Our only obligation will be to check the item to see if it does work or not. All replacement costs, repair costs and delivery costs will be to the customer's account.
49. In the event that a system or hardware is sent to us under guarantee and it is discovered that the fault has arisen due to misuse, neglect, mishandling, incorrect or improper use, we may, at our discretion, charge for carriage and/or labour.
50. In the event that a system or hardware is sent to us under guarantee and it is discovered that the system is functioning as intended, we may, at our discretion, charge for carriage and/or labour.
51. In the event that a system or hardware is sent to us under guarantee and it is discovered that the fault has arisen as a result of a software issue, we may, at our discretion, charge for carriage and/or labour.
52. New components installed as the result of an upgrade will have a one-year warranty from the date of their purchase. All existing components would have a warranty that dates from their original purchase.
53. If, during the course of an upgrade and/or repair, it is necessary to reinstall the customer's software or operating system, the customer may have to supply us with software installation disks and/or serial numbers. Failure to provide installation disk and/or serial numbers may make it impossible to install such software and/or operating systems.
54. Hardware and software bugs are the responsibility of the hardware or software manufacturer.
55. Any queries regarding a purchase must be reported by the next working day. This includes, but is not limited to, omissions (hardware, software, manuals, etc.), invoicing, charging or payment queries.
56. We do not accept liabilities for any unforeseen hardware failure that occurs while a System or hardware components are in our possession.
57. We reserve the right not to install, reinstall or test any software that we suspect may be pirated or obtained through any illegal means.
58. Late payments on credit purchases - All purchases made on credit, or on a credit account must be paid within 30 days from the date on your invoice, bill or statement, whichever is first, or whichever applies. Upon failure to pay within 30 days, the full outstanding amount will attract interest at 2% per month, calculated on a daily basis. Payments received will be used to pay the interest portion of your account first, and the remaining portion of your payment will pay the capital on your outstanding account balance. Any remaining balance will continue to attract interest until fully paid.
59. Debt collection -If a customer fails to pay after 60 days, or is unlikely to pay within an agreed period, the services of a debt collector may be used to collect the amount owed as well as any accumulated interest up until that date. A minimum "debt collection fee" of 25% will be added to the invoice amount plus the accumulated interest. There is no maximum fee. You agree that all hardware and software remains the property of¬†WEBARTIST CC¬†until full payment has been received by us, that we reserve the right to recover unpaid goods and that we may charge rent for their use. In addition, you agree to pay any additional expenses that our company has suffered in order to recover and resell these goods.
60. No representations or warranties - The site and the information on the site are provided "as is" and we do not make any express, implied representations or warranties with regard thereto. Without limiting the generality of the foregoing, we disclaim all implied warranties in respect of merchantability or fitness for a particular purpose. We do not warrant that the site or the information on the site: (a) will be error free; (b) will meet any particular criteria of accuracy, completeness or reliability, performance or quality; or (c) will be free of viruses or any other data or code which has the ability to corrupt or adversely affect the operation of your computer, data or network.
61. Right to amend this agreement - We reserve the right to amend these terms and conditions at any time. All amendments to these terms will be posted on the site ("the current version"). Whenever you access the site you will be bound to the current version. You may terminate this agreement by written notice to us if you do not wish to be bound by the current version. Continued use of this site will be deemed to constitute acceptance of the current version. Unless otherwise stated the current version shall supersede and replace all the previous versions of the terms and conditions. A print-out signed by the webmaster responsible for maintaining this site will serve as prima facie proof as to the date of publication and content of the current version.
62. General Severability: If any of the provisions of these online terms are not fully enforceable for any reason, the remainder will nevertheless continue to apply.
63. Jurisdiction and governing law: Unless otherwise specified, the goods and services offered on this site are intended for citizens of the Republic of South African only. The online terms shall be governed by and interpreted according to the laws of the Republic of South Africa without giving effect to any principles of conflict of law.
64. Notices and address for service: For purposes of these online terms¬†WEBARTIST CC¬†will receive legal service of any formal notices or court process at the physical address specified on its website from time to time and you agree to receive same at your specified address.
65. All products and services fall under our Terms and Conditions. It is assumed that the customer has read and understood the Terms and Conditions prior to engaging in any business transaction with the company.
Tel: 011 954 6612 ¬†/ ¬†Fax: 086 696 6952
Terms and Conditions ‚Äď WEBARTIST CC (Hosting & Websites)
All prices include VAT unless stipulated otherwise. Prices subject to change without notice.