TERMS & CONDITIONS
The following Terms and Conditions document is a legal agreement between Riaan Wessels (Pty) Ltd 2021/622341/07 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.
The developer creates a standard layout and populates it with the content provided by the client via the website questionnaire. The website is provided at a reduced rate from the perspective that all the knowledge and software needed to create the initial setup for the website are not all added up in monetary value for the client to pay. The reduced rate is specifically available because of the standard layout and design. The reduced rate is only possible if the client provides all the necessary content such as the complete menu with prices and description in a Word document that can be copied and pasted. Any additional design changes outside of the scope of the initial design and layout will be charged at R150 per hour. The intitial invoice covers the first year of hosting. At the end of 11 months the hosting and domain name has to be renewed. The use of the website is subject to the continued payment of the annual hosting fee, which can be increased at the discretion of the developer. The annual fee includes a co.za domain name, an email address and a divi/wordpress single page website. However, the client is still liable for hosting fees if they only use their email address and don’t have a website. Having a website or not is not the deciding factor as to whether hosting fees are due. Either emails or website or both constitute the use of hosting space and therefore warrant hosting fees. Failure to pay hosting fees on the due date will result in a redirection of the clients domain to another domain of the developers choosing. Any additional software, pages, blog posts and functionality are not included in the annual fee. 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. Software is provided by 3rd parties. Neither the client nor the developer have any ownership of these plugins or themes (i.e. software). Sourcing, resizing and cropping of free online images and creating content will be charged at an hourly rate. The developer 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, the developer cannot accept responsibility for any losses incurred due to malfunction of the website and/or plugins 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 the ability to transfer their domain name and the website in the event of non-payment or for any other reason. However, the facilitation from the developer will incur a fee. 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 if not hosted by the developers choice of hosting company. 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 6 months will be deleted from the server. Please ensure you save important information that was emailed to you, on your own server or pc. The deeloper 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. The developer will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines. The developer 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. The developer 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 the developer and therefore 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 the developer. The developer 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. The developer 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 the developer. 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 the developer 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. Should the client be given access to their WordPress website, all responsibility of the websites functions fall on the client. Any errors in the website, whether created by the client or not, becomes the clients respobsibility. The developer will assist in troubleshooting to try establish the causes of the website errors and will charge a fee for doing so. No refunds will be accommodated for any reason whatsoever. The client accepts updates to the terms and conditions even after they have agreed to the terms and conditions. Updates will be reasonable in their nature and are added in order to ensure limited liability on the part of the developer.
Whilst the developer 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 six months 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 the developer. Although the developer assists in setting up emails on mobile phones, computers and tablets, this responsibility lies with the Client. The developer 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
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. Payment for domain name and hosting services is to be made immediately on receipt of an invoice. 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 the developer on behalf of the client are payable immediately and are non-refundable.
It is the policy of the developer 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 the developer 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, the developer 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. The developer 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 developer 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 the developer on any public platform including social media platforms without following the above agreed procedure will be liable to legal action.
The developer will communicate with the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.
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 the developer, 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 the developer 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.
TERMS OF SEO SERVICE
the developer offers internet marketing services that include, but not limited to: search engine optimization (hereinafter “SEO”), Google Adwords®, Facebook and other Social Media advertising, Link Building, and Web design/development.
1. QUOTE FOR PROVISION OF SERVICES
1.1 All quotes supplied by the Provider are valid for 7 days from the date the quote is provided. the Provider may amend this provision during promotional periods. Acceptance can be provided in writing, via electronic mail, in writing or via fax.
2. COMMENCEMENT OF SERVICES
2.1 the Provider will send Client an email requesting additional information for the Project Brief. the Provider will commence work within fourteen (14) days after the date of receipt of information.
2.2 the Provider will use its best endeavours to provide Service to Client within a reasonable timeframe. the Provider is not liable for delays to project or anticipated timeframes for delivery of service.
3. PAYMENT TERMS
3.1 Client agrees to pay for the Products and Services in full prior to work commencing on the Project Brief, unless otherwise agreed at the Provider’s discretion. Invoices are payable within five (5) business days from the date of the invoice.
3.2 Client acknowledges that no refunds are available once work has commenced on the Project Brief and additional requests for refunds will require Management review.
3.3 For SEO Contracts, a one-time setup fee will be assessed and payment is required prior to work commencing. Monthly maintenance fees are not included in the setup fee. Client will be billed for each month for the maintenance fee until customer provides the Provider with a written cancellation request.
3.4 If Client provides the Provider with their credit card information, you authorize the Provider to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit card until such time that you cancel your account in accordance with the Provider cancellation policy.
3.5 Client may elect to have invoices paid by direct debit. By completing a direct debit request, Client authorizes the Provider to arrange for account funds to be debited to your account.
4. LATE OR NON-PAYMENT
4.1 If payment has been declined or has not been made, Client’s account will be suspended and a reactivation fee of R450 will apply.
4.2 For returned cheques due to insufficient funds,the Provider reserves the right to request alternate payment method.
4.3 If payment has not been received after 30 days, this will result in termination of our services and any links and SEO work will be removed. Cancelled accounts cannot be reactivated and any account history or information will not be retrievable. No refund will be given thereafter.
3. CLIENT OBLIGATIONS
5.1 Client will provide the Provider with reasonable direct and remote access to its website, and shall provide such other reasonable assistance as the Provider may request, including, but not limited to, providing source code and other statistical, diagnostic information and other relevant information required to enable the Provider to comply with its obligations under this Agreement.
5.2 the Provider shall provide the Services during the continuance of this Agreement the Provider will use reasonable efforts to provide Client with the Services in accordance with the estimated timeline set out in the Project Brief.
5.3 Where the Service being provided requires, the Provider will liaise with the relevant web agency, hosting company or other third party in order to provide the Services. the Provider shall not be liable for any act or omission by the relevant web agency, hosting company or other third party, if such act or omission results in the Provider breaching its obligations under this Agreement.
5.4 the Provider will not make changes to or update a Customer’s website prior to written or verbal consent from the Customer, stating that the Provider have the right to make the agreed changes and the Customer, as the website owner, agrees to and takes full responsibility for those changes being made.
6. IMPLEMENTATION OF SEO SERVICE
6.1 the Provider guarantees that Client’s website will appear on the first page of designated Search Engines within an agreed period of time of the Commencement Date. If the Provider is unable to achieve this ranking within that time period, the Provider agrees to provide further optimization services until such time when Client’s website is listed on the first page.
6.1.1 Client acknowledges that the Provider may, as part of the client’s SEO campaign, add links and content to the client’s website. If the client chooses to reject these additions, their First Page Guarantee may be rendered void, to the discretion of the Provider.
6.2 Client acknowledges that the guarantee applies only to selected keywords chosen by the Client. the Provider will advise Client to which keywords guarantee applies.
6.3 Client acknowledges that Search Engine Optimization (“SEO”) is governed by many factors which are outside the direct control of the Provider. Search Engines are third party systems with unknown variables, algorithms and indexing decisions that can change at any time and without notice over which we have no control. the Provider will use best efforts, techniques and accepted standards to improve Client’s Search Engine Ranking but cannot guarantee of #1 ranking of Client’s website on any major Search Engine using Client’s desired keywords. Client further acknowledges that the website’s ranking with a particular Search Term will rely on both the relevancy of that term on your pages, and the popularity of that term on other websites.
6.4 Client further acknowledges and understands that a website’s rankings may go backwards. Client agrees if this were to happen, no liability will be on the Provider and no refunds or discounts given.
6.5 the Provider is not responsible for changes made to the website by other parties that adversely affect the search engine rankings of the Client’s website.
6.6 the Provider is not responsible for the Client overwriting the Provider’s work to the Client’s site. (e.g., Client/webmaster uploading over work already provided/optimized). The Client will be charged an additional fee for re-constructing content.
6.7 the Provider follows a strictly ethical SEO policy and will not be responsible for any bans or search engine suspension for the following:
duplicate sites, duplicate content or pages, redirects or doorway pages.
link farms or any spanning techniques which may harm the web site’s ranking with Google.
Increased traffic or sales
automated web site submission software or websites
7. IMPLEMENTATION OF GOOGLE ADWORDS®
7.1 the Provider shall provide Client a management service of a Google AdWords® account in accordance with the terms set out in the Project Brief.
7.2 Client expressly permits the Provider to create a Google AdWords™ account on their behalf. Client acknowledges that Google AdWords™ are subject to Google’s Terms and Conditions. Client’s account will be deemed active once Google™ approves it for online advertising. the Provider is not liable if Client’s account is rejected.
7.3 the Provider acknowledges that Client owns the Google AdWords™ Account developed by the Provider. Upon expiration of the term of this agreement Client may retain the account and all its configuration.
7.4 the Provider will send a draft to Client once work is complete. Client agrees to review and approve said draft within fourteen (14) business days. the Provider is not liable for errors or omissions once the ads are deployed.