Terms & Conditions
Terms and Conditions
The following Terms and Conditions document is a legal agreement between Riaan Wessels hereafter “the Developer” and the “Client” for the purposes of website design or development and hosting. These Terms and Conditions set forth the provisions under which the Client may use the services supplied.
The Developer is a web designer offering the Client WordPress websites using the Divi builder, hosted by a third party.
Riaan Wessels creates a standard layout and populates it with the content provided by the client via the website questionnaire. The website is free from the perspective that all the knowledge and software needed tocreate the initial setup for the website are not all added up in monetary value for the client to pay. However an annual hosting fee will be charged. The use of the website is subject to the continued payment of the annual hosting fee, which can be increased at the discretion of Riaan Wessels. The annual fee includes a co.za domain name, an email address and a divi/wordpress single page website. Any additional software, pages, blog posts and functionality are not included in the annual fee. Where applicable an hourly rate will be charged for extra pages and blog posts as well as installing new software or plugins. Software or plugins desired by the client will be paid up front by the client. Sourcing, resizing and cropping of free online images and creating content will be charged at an hourly rate.
Riaan Wessels will carry out work only for clients who are 18 years of age or above.
Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, Riaan Wessels cannot accept responsibility for any losses incurred due to malfunction of the website or applications or any associated part of it.
Non payment could result in a suspension of the website and its emails until payment is up to date. Failure to pay the annual fee can result in a permanent suspension of the website and its emails. Should the client want to transfer to another host, an admin fee will be charged. The domain name will be registered under the name and email provided by the client which ensures they retain ownership of their online property. The client understands that all software and plugins provided by the Developer is not owned by the Developer and the responsibility to pay annual subscription fees to the related companies who own these licensed plugins and software is transferred to the client should they transfer their domain name to a different host. Added to that the client has no legal claim to insist that the Developer continue any subscription to any plugin or software on their behalf while being hosted by the Developer. The responsibility of transferring the domain, with its emails and the website will be born by the new web designer or hosting company or both. The Developer does not have any control over the process and will not be held accountable to any errors during a transfer process.
All emails older than one year will be deleted from the server. Please ensure you save important information that was emailed to you, on your own server or pc.
Riaan Wessels cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.
Riaan Wessels will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.
Riaan Wessels 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.
Riaan Wessels 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.
Hosting (provided by Xneelo), plugin, software, WordPress etc updates, upgrades or development changes are not under the purview of Riaan Wessels and therefore Lhe cannot take responsibility for any losses incurred by the use of any software provided by the developer in the website of the client. Whilst every care has been taken to ensure products are problem free and accurate, the internet is by its very nature subject to radical changes and any losses incurred as a result to changes in the Content Management System, feature enhancing software, hosting and even the internet itself is not the responsibility of Riaan Wessels.
Riaan Wessels 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 current versions of Chrome. Riaan Wessels can offer no guarantees of correct function with all browser software. Sites will be tested during development on up to date version of PC/Windows. Sometimes clients may have non-standard software installed on their computer including but not limited to browser plugins, spam filters, popup or advert blockers, virus or Trojan software, firewalls, non-standard settings or hardware issues which are beyond the control of Riaan Wessels. In the event of problems, it falls to the Client to ensure that their computer systems are capable of displaying and working with hosting, email and websites. Should Riaan Wessels assist with any of these issues, the client will be charged at an hourly rate.
The Client may access their wordpress website,however, the developer takes no responsibility for any issues with the website and its performance thereafter.
Whilst Riaan Wessels offers hosting of websites via Xneelo, no guarantees can be made as to the availability or interruption of this service by the developer and therefore cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service.
Emails older than one year will be deleted from the Xneelo server. Please ensure that you save all important data emailed to you on your own server or pc.
Setting up emails is not part of the service provided by Riaan Wessels. Although the developer assists in setting up emails on mobile phones, computers and tablets, this responsibility lies with the Client.
Riaan Wessels reserves 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 the hosting service should the necessity arise. If a cancelled service is to be reinstated at the Client’s request, a setup fee will be payable before any such reinstatement and any data lost as a result of the cancellation will not necessarily be restored.
PERMISSIONS AND COPYRIGHT
Without agreement, ownership of designs and all code is with the Developer.
The Client agrees that resale or distribution of the completed files is forbidden unless prior written agreement is
made between the Client and the Developer.
The Client hereby agrees that all media and content made available to the Developer for use in the project are either owned by the Client or used with full permission of the original authors. The Client agrees to hold harmless, protect and defend the Developer from any claim or suit that may arise as a result of using the supplied media and content.
The Client agrees that the Developer may include development credits and links within any code the Developer designs, builds or amends. If the Developer designs a website for a Client, then the Client agrees that the Developer may include a development credit and link displayed on the Client’s website. If the Developer builds or amends a website for a Client, then the Client agrees that the Developer may include a development credit and link displayed on the Client’s web page.
The Client agrees that the Developer reserves the right to include any work done for the Client in a portfolio of work.
The Client agrees to abide by the terms of any third party software or media included within any work done for the Client. Examples of this include, but are not limited to, Google maps, Media under the Creative Commons license, RSS feeds, Open Source GPL Software etc.
The Developer reserves the right to refuse to handle:
Any media that is unlawful or inappropriate.
Any media that contains a virus or hostile program.
Any media that constitutes harassment, racism, violence, obscenity, harmful intent or spamming.
Any media that constitutes a criminal offence, or infringes privacy or copyright.
DOMAIN NAMES AND HOSTING
The Developer can, at its own discretion, but is not obliged to, offer domain name registration and hosting via a third party service. The Developer is not obligated to renew hosting nor the annual domain registration fee.
The Client agrees that registration of a domain name does not provide endorsement of the right to use the name. The Developer holds no liability and the Client hereby agrees to indemnify and hold harmless the Developer from any claim resulting from the Client’s registration of a domain name.
The Client agrees to take all legal responsibility for use of third party domain name and hosting services and supply truthful details to the third party services.
Any support relating to the domain name, hosting and email services is between the Client and the third party service.
Any other domain name and hosting services or costs not included by the Developer, including but not limited to further domain name registration fees, domain name transfer charges, yearly domain name renewals, hosting charges, yearly hosting renewals, hosting upgrades, extra disk space, bandwidth and any other related or hidden charges, are to be paid by the Client to the third party services.
The Client agrees to pay the domain name and hosting fees as soon as required by the third party. Any modifications needed to the domain name or hosting services are to be made between the Client and third party service.
The Client agrees that if at any time their contact details, including email address, change, it is their responsibility to contact the third party and update their contact details. Failure to do so may mean that renewal invoices for the domain name and hosting services are not received by the Client.
Payment for domain name and hosting services is to be made immediately on receipt of an invoice from the third party service. Failure to comply with the payment terms may result in the Client’s domain name becoming available to another party and/or the website and email services becoming unavailable.
The Developer reserves the right without notice to cancel, reject or refuse work with domain names or hosting services without reason for such rejection or refusal.
The Client agrees to be liable for their use of the domain name, hosting and email services with the third party and hereby agrees to indemnify and hold harmless the Developer from any claim resulting from the Client’s publication of material and use of the domain name, hosting and email services.
The Client agrees to take full responsibility for all usage of the domain name, hosting and email services and to fully abide by the terms and conditions set out by the third party for such services
PAYMENT OF ACCOUNTS
In all cases, website hosting fees and any costs incurred by Riaan Wessels on behalf of the client are payable immediately and are non-refundable.
It is the policy of Riaan Wessels that any outstanding accounts for additional design work carried out by the developer or his affiliates are required to be paid in full immediately unless by prior arrangement. If accounts are not settled or Riaan Wessels has not been contacted regarding the delay, access to the related website may be denied. Fees relating to web hosting or domain names must be paid prior to the expiration date of the said service. If the fees remain unpaid at the time of expiration, Riaan Wessels reserves the right to cancel said service and any data held by said service will be removed. If a cancelled service is to be reinstated at the client’s request, a setup fee will be payable before any such reinstatement and any data lost as a result of the cancellation will not necessarily be restored.
Riaan Wessels reserves the right to request full payment before the release of files, design, domain names or hosting services.
LIABILITY AND WARRANTY DISCLAIMER
The Developer provides websites and the contents thereof on an ‘as is’ basis and makes no warranties with regard to the site and its contents, or fitness of services offered for a particular purpose. The Developer cannot guarantee the functionality or operations of websites or that it will be uninterrupted or error free, nor does it warrant that the contents are current, accurate or complete.
The Client agrees that the Developer is not liable for any bugs, performance issues or failure of the CMS software as the CMS is open-source software distributed under the GPL (“GNU General Public License”) and is maintained and developed by a community of thousands of users and developers. Any bugs, performance issues or failure with the software will be directed to the CMS Development community.
The Developer endeavours to provide a website within given delivery time scales to the best of its ability. However, the Client agrees that the Developer is not liable for any claims, losses, costs incurred or compensation due to any failure to carry out services within a given delivery time scale.
The Client agrees that the Developer is not liable for any failure to carry out services for reasons beyond its control, including but not limited to acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on a major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.
The Developer is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided.
Whilst every effort is made to make sure the website is error free, the Developer cannot guarantee that the display or functionality of the web design or the website will be uninterrupted or error free.
The Developer shall have no liability to the Client or any third parties for any damages, including but not limited to claims, losses, lost profits, lost savings, or other incidental, consequential, or special damages arising out of the operation of or inability to operate these web pages or website, even if the Developer has been advised of the possibility of such damages.
There are sometimes laws and taxes that affect Internet e-commerce. The Client agrees that it is their responsibility to comply with such laws and will hold harmless, protect, and defend the Developer and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the Client’s exercise of Internet e-commerce.
The Developer may from time to time recommend to the Client that updates are needed to their site, including but not limited to new legislation compliance, software compatibility and web standards. The Developer reserves the right to quote for any updates as separate work. The Client agrees that the Developer is not liable for any failure to inform or implement these updates to their site. The Client agrees that it shall defend, indemnify, save and hold the Developer harmless from any and all demands, liabilities, costs, losses and claims arising from omission to inform or implement these updates.
The Client agrees to use all Developer services and facilities at their own risk and agrees to defend, indemnify, save and hold the Developer harmless from any and all demands, liabilities, costs, losses and claims, including but not limited to legal fees against the Developer or its associates that may arise directly or indirectly from any service provided or agreed to be provided or any product or service sold by the Client or its third parties.
The Client agrees that this indemnification extends to all aspects of the project, including but not limited to website content and choice of domain name.
The Client also agrees to indemnify, hold harmless and defend, the Developer against any liabilities arising out of injury to property or person caused by any product or service sold by the Client or any service provided or agreed to be provided or by third parties, including but not limited to infringement of proprietary rights, misinformation, infringement of copyright, delivery of defective services or products that are harmful to any company, person, business, or organisation.
The Developer and any third party associates agree that, unless directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information. The Client agrees that it will not convey any confidential information about the Developer to another party, unless directed by the Developer.
The Developer and any third party associates shall use information provided by the Client in relation to this agreement in accordance with the Data Protection Act 1998. This information will also be used to identify the Client in communications with them and to contact the Client from time to time to offer those services or products that may be of interest to or benefit the Client.
A link to https://www.riaanwessels.co.za may appear in small type at the bottom of the Client’s website.
Anyone who experiences a problem with their web service provided by Riaan Wessels should raise the matter directly by phone call or WhatsApp messaging, giving sufficient information to locate the material (such as an URL) and clearly outlining the grounds for complaint. Any attempts to complain about Riaan Wessels on any public platform including social media platforms without following the above agreed procedure will be liable to legal action.
Riaan Wessels will communicate with 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 Riaan Wessels, 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.
Any attempts to complain about Riaan Wessels on any public platform including social media platforms without following the above agreed procedure will be liable to legal action.
These Terms and Conditions supersede all previous representations, understandings or agreements.