When doing business with anyone it is always advised to read though their trading terms and conditions, these are our FULL terms and conditions, please familiarize yourself with them so that we are always one the same page.
If you wish for us to further explain them to you, please do not hesitate to send an email on the right hand side, or contact us on +27 (0) 84 730 7155
This Agreement is signed in your personal and business capacity for a duration of 60 (sixty) months from date of inception, the contract is a fixed contract.
The contract will not renew after the contract period has expired and will go on from month to month.
Should you wish to cancel the contract, you must pay the full duration of the remainder of the contract, this is because the WEBSITE DESIGN & DEVELOPMENT AND USAGE of the Website is subsidized over the five year period to make it more cost effective for you. You are welcome to pay the full duration of the contract, or an annual basis upfront by prior arrangement ONLY. Upon Cancellation of the Contract, an additional R200.00 is charged to cover the domain renewal fee, whether the domain has been renewed for a year or not.
ONCE OFF AMOUNT
Your first once-off amount, on the front of this contract, is payable immediately upon signing this contract before any work progresses, unless otherwise specified on the contract, to activate your account with NETDATA.
All accounts created will only be created once a debit order agreement is in place, no negotiation will be intered into in this regard. Debit orders will be monthly in advance with payment due on the 25th of each month. NETDATA reserves the right to charge an amount of R110.00 including VAT per month for the reversal or non payment of a debit order and subsequently debit this with the amounts outstanding in the month after the debit failed. Interest will be charged on outstanding amounts, calculated at the highest legal rate.
NON PAYMENT / BREACH OF CONTRACT
The Client shall be liable for all costs of collection incurred by NETDATA, including without limitation attorney, collection agency and court fees. If a client’s account is thirty (30) days in arrears, the Website and emails will be suspended, without notice. The Website and any other work assigned under this Agreement will not be provided or reactivated until the full remaining contract and any other outstanding amounts or costs related thereto are paid in full.
In the event that your account is suspended for non-payment, breach of any of the clauses of this contract, or any other reason, a reconnection fee of R500.00 becomes payable upfront before the site will be reconnected.
NETDATA does not guarantee new domain name reservations, it is also your responsibility to notify your current ISP to accept any transfer requests for your domain name over to our servers, once a transfer ticket has been accepted, it can take up to 48 hours for the said domain name to become active on our servers, before your site will be visible on the internet, from our servers.A new contract must be signed for each and every domain name.
NETDATA will remain the owner of the domain until the full duration of the contract is paid, no domain dispute resolutions will be handled and no negotiations will be entered into regarding this matter and the client fully understands that in no way may any manual transfers be attempted as the domain name is a guarantee for payment of services.
Your domain name is renewable annually and your domain renewal will occur during November of each year, where upon your account will be debited the annual domain renewal fee.
HOSTING & HOSTING FEE
The pricing of this hosting contract is a fixed fee for the duration of the contract, the only time this changes is when different hosting and email options and excessive bandwidth is calculated on the Website. It is the clients onus to understand this concept and it is always explained before signing this contract.
TRAFFIC & BANDWIDTH
Hosting remains at the fixed price on the front of the contract, for the duration of the contract period, however, limits are set, according to the advertised rates and sizes as to the traffic, emails and physical disk space used by the Website and these charges will be debited alongside the monthly fees. 250Mb traffic per Website, per month is allowed, you will be charged for any extra traffic above this amount. You have unlimited disk space for hosted files.
We will supply you with as many email addresses for free. We can not take any responsibility for speed or down time of email. Please feel free to use mail boxes provided by your Internet provider. Each mailbox is 100Mb in disk size. Emails are POP based email accounts and down loaded from our server, should your email box go over quota, email will not be delivered to you and returned to the sender.
SPAM & VIRUSES
NETDATA is not responsible for spam, or is in anyway bound to the protection of spam, viruses and any other form of malware retrieved from our server via email, web or ftp. We cannot guarantee email spam being blocked, or certain emails being blocked that is not spam, on our server. We have implemented a spam/virus filter and this is purely as a preventative measure and not guaranteed to remove all viruses, malware and spam.
WEBSITE DESIGN & SPECIALS & CHANGES
A Website Design is your Company’s profile on the internet. Generally the look and feel of your Website. We will provide you with a completed Website on the Website address you choose, or via a demo site, you have one week to make alterations to the design. All changes done after this will be quoted, agreed, billed and charged for. It is the clients responsibility to provide ALL images, content and also page names so that the Website can be completed in the speediest manner possible. You can implement changes yourself through our Content Management System, the support of which is provided in the form of an online manual and also via email. All other support requirements will be quoted and charged for.
In the first week of changes after completion of your Website you are limited to ONE EMAIL per Website. If you have a Four Page Site, four changes are permissible on the site before changes will be quoted and charged for, that is within the one week of the completion of the Website.
In event of the R999.00 special, all content (text) and images must be supplied by the customer before work progresses. In the event we source content for the client, the onus is on the client to check any content added by our designers and that it is correct.
HELP & SUPPORT
Support is provided via email, should you have any requests relating to your Website design, development or hosting. We do have telephone contact in the event you cannot email, however, we are not bound by any changes requested in this matter. It is our advice to our clients to ensure that they have a point of reference on any requests made to us.
Any support requests, such as email setup, Website changes or corrections will have a minimum surcharge of R75.00. Any assistance telephonically in the setup of email addresses, or accessing and changing content will have a minimum charge of R75.00
We will only be held liable, for any support requests or changes made via email. All changes requested out of the seven day change period, or new additions, will be quoted , agreed by yourself and paid for before work is initiated. Our Content Management System has a built in user and help manual and we will provide assistance on the usage of the application. Training will be quoted for and paid for before this is provided, should it be required by the customer.
All images used on your Website are either in public domain or free, if you require your own images, please provide them. NETDATA does not own any images, nor sells images. You can at any time request your images to be changed for a fee.
A Website application or application development is a section of code or code & database which allows users to interact with your Website, such as adding information, paying via credit card, or any other form of intelligent design that involves user or administration of a Website. NETDATA will provide you with a list of applications or components needed to manage your business processes in our Content Management System upon which we will continue development of the Website as quoted. Should extra components be required and extra development, additional quotations will be made out, accepted and paid for before this development continues.
After the development of the Website is completed, you have one week to check through the application and ensure all is functioning as it should and to implement change requests to the code.
Changes requested to be made to applications after one week of the release of the code will be quoted for and charged on an hourly basis.
CONTENT LEGALITY & COPYRIGHT INFRINGEMENT
NETDATA reserves the right to cancel or suspend any Website with immediate effect, should the Website content not meet our standards, or infringe on others rights. Should these conditions not be met, the Website may be immediately shut down and the client may not hold NETDATA liable for this action.
The Application code (The applications in use on the Website(s)) is NETDATA’s intellectual property and is “rented” out to the client for the duration of the contract, all self-managed systems and applications are not the property of the client and remain the intellectual property of NETDATA, its owners and subsidiaries. At the termination of the contract the client will be provided with copies of his Website, with no system attached to it, in pure HTML format. Failing to apply with the above is in form plagiarism, copyright infringement and also patent fraud). The applications we provide are modelled on business process and we have no right to the business process of the individual business, however the code and application and database structures remain the property of NETDATA and these systems are rented from NETDATA until the contract is completed or cancelled.
SEARCH ENGINE OPTIMIZATION
As an added service your Website URL is sent to Google, by us, we can however not guarantee placement and or actual listing within Google, this is entirely out of our control, should any questions be required please visit Google for listing requirements by them. Your Websites are automatically optimized on Google and the results thereof are not guaranteed and no waivers in any form of these guarantees are binding on this agreement.
NETDATA shall endeavour to ensure the availability of the Website, within the constraints of the network provider. NETDATA shall not be liable or deemed to be in default for any delays or failure in performance or interruption of the Service resulting directly or indirectly from any cause or circumstance beyond their reasonable control. Such as internet failure by your ISP.
This agreement cannot be transferred and must be paid in full before assigned to any other person, or company.
The client is creditworthy and will endeavour to ensure that all payments are met on time. Should there be a problem the client agrees to make alternative arrangements with NETDATA.
The client is over the age of 21.
NETDATA is not responsible for any content posted by the client
The client has completed this contract correctly and in full and will provide a copy of identification documents, proof of residence and proof of banking details.
The client has read and NETDATA has explained all the terms of this contract.
The client authorises NETDATA to draw against its bank account the amount due in terms of this agreement and any amounts due in failure of previous payments.
The Client indemnifies and holds NETDATA, its officers, employees and its suppliers harmless from and against any loss, claims, demands, expenses (including legal fees), or liability of whatever nature or kind (including without limitation, negligence), of the Client or of third parties arising out of the use of the Service provided hereunder. For purposes of this provision, NETDATA shall include parent, subsidiary and affiliate companies.
This Agreement shall be construed and interpreted solely in accordance with the laws of the Republic of South Africa. Should any term and condition hereof be declared illegal or otherwise unenforceable, it shall be severed from the remainder of this Agreement without affecting the legality or enforceability of the remaining portions.
ACCEPTANCE AND SURETY
This Agreement, including addendums, prices and revisions thereto, constitutes the entire agreement between the parties as to the basic subject matter thereof and NETDATA retains the right to alter and amend to these terms and conditions. No alterations or changes may be made on the said contract (Terms & Conditions) even if said parties have altered it and signed on the document it will not be binding as NETDATA retains the right to amend or add onto these agreements.
The signing of the contract constitutes an order and the signing thereof shall be deemed to constitute acceptance of the terms and conditions contained herein, which terms and conditions shall take precedence over and supersede any other written or oral agreement concluded between the client and NETDATA or its agents or representatives.
The person signing the contract on behalf of the client (THE SURETY) does hereby bind himself/herself jointly and severally with the client as surety and co-principal debtor, in favour of NETDATA for the due fulfilment of any and all obligations of the client to NETDATA arising out of any order/work placed by the client. The client declares to understand and accept the terms and condition hereof.
Copyright (C) 2010-2015 NETDATA. All Rights Reserved
Acceptance of our Terms
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Provision of Services
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Termination of Agreement
The Terms of this agreement will continue to apply in perpetuity until terminated by either party without notice at any time for any reason. Terms that are to continue in perpetuity shall be unaffected by the termination of this agreement.
Disclaimer of Warranties
You understand and agree that your use of ( www.netdata.co.za ) is entirely at your own risk and that our services are provided “As Is” and “As Available”. ( www.netdata.co.za ) does not make any express or implied warranties, endorsements or representations whatsoever as to the operation of the (www.netdata.co.za ) website, information, content, materials, or products. This shall include, but not be limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement, and warranties that access to or use of the service will be uninterrupted or error-free or that defects in the service will be corrected.
Limitation of Liability
You understand and agree that ( www.netdata.co.za ) and any of its subsidiaries or affiliates shall in no event be liable for any direct, indirect, incidental, consequential, or exemplary damages. This shall include, but not be limited to damages for loss of profits, business interruption, business reputation or goodwill, loss of programs or information or other intangible loss arising out of the use of or the inability to use the service, or information, or any permanent or temporary cessation of such service or access to information, or the deletion or corruption of any content or information, or the failure to store any content or information. The above limitation shall apply whether or not ( www.netdata.co.za ) has been advised of or should have been aware of the possibility of such damages. In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed the liability of ( www.netdata.co.za ) is limited to the greatest extent permitted by law.
( www.netdata.co.za ) may include hyperlinks to third-party content, advertising or websites. You acknowledge and agree that ( www.netdata.co.za ) is not responsible for and does not endorse any advertising, products or resource available from such resources or websites.
You expressly understand and agree to submit to the personal and exclusive jurisdiction of the courts of the country, state, province or territory determined solely by ( www.netdata.co.za ) to resolve any legal matter arising from this agreement or related to your use of ( www.netdata.co.za ). If the court of law having jurisdiction, rules that any provision of the agreement is invalid, then that provision will be removed from the Terms and the remaining Terms will continue to be valid.
You understand and agree that the above Terms constitute the entire general agreement between you and (www.netdata.co.za ). You may be subject to additional Terms and conditions when you use, purchase or access other services, affiliate services or third-party content or material.
Changes to the Terms
( www.netdata.co.za ) reserves the right to modify these Terms from time to time at our sole discretion and without any notice. Changes to our Terms become effective on the date they are posted and your continued use of ( www.netdata.co.za ) after any changes to Terms will signify your agreement to be bound by them.