Terms and Conditions

General Items

Quotations
1. Quotations submitted according to project specifications will remain valid for a period of 30 days from quote date. If this 30 day period lapses without client approval, or without requests for alterations or extensions by the client, the quote will expire. Thereafter, AFRIDESIGN may amend the quote according to our current rates.
2. ALL quotations are submitted on the condition that all content, text, images and relevant information will be supplied by the client to AFRIDESIGN, unless otherwise agreed upon. Amendments can be made to the quotation within the 14 days of the original quote date, however each new quote submitted will have the effect of completely overriding it’s preceding quote.
3. As all quotations are carefully considered in light of each projects specific technical requirements, AFRIDESIGN reserves the right to amend any quote should the projects specifications change, or if it becomes clear that the projects specifications where not communicated in a reasonably clear and correct manner by the client to AFRIDESIGN at the outset of the project.
4. In the event that a client is unable to provide a detailed project specifications document , AFRIDESIGN reserves the right to quote and bill for the initial research and planning needed to outline the exact specifications and technical requirements necessary to complete the project as required by the client. Such research and planning shall be billed according to our standard hourly rate.
5. AFRIDESIGN reserves the right to quote & bill for project management. Such project management shall be billed according to our standard hourly rate.
6. To formally accept a quotation by AFRIDESIGN, the quote must be signed and dated by the client and returned to AFRIDESIGN via email. No project will commence unless it’s formal acceptance of the quote is received by AFRIDESIGN within the 30 day period as specified in point 1.1
Deposit and Placement of Order
1. The 50% deposit of the total quoted amount becomes due immediately once the quote is formally accepted and once a tax invoice has been sent to the client. AFRIDESIGN accepts cash deposits, electronic transfers. Credit card payments are accepted in special circumstances and if previously arranged upon. AFRIDESIGN does not accept payment by cheque.
2. No project shall commence until the 50% deposit has been made and confirmed. Should a client cause a delay in the commencement of the project by failing to make deposit within a reasonable time period, AFRIDESIGN accepts no responsibility should the deadline of the project not be met.
Project Phases
1. Each phase of a project requires formal written approval, or sign off, by the client. AFRIDESIGN will not proceed with a project phase unless such written approval has been received by the client for the preceding phase. AFRIDESIGN reserves the right to place a project on hold until such approval is given, and accepts no responsibility should the deadline of the project not be met as a result of this.
2. Alterations, and additions may be requested at any time, during any phase of the development of a project. AFRIDESIGN will determine whether or not such alterations and additions fall within the scope of the original project brief and specifications. If they do not, AFRIDESIGN reserves the right to quote and bill for such alterations and additions, over and above the original quoted amount, according to our standard hourly rate. In the event of this happening, AFRIDESIGN will need to receive approval from the client, before any development commences.
3. It remains the sole responsibility of the client to provide a project brief, and or, specifications document which is detailed, accurate, clear and which sufficiently outlines the projects development requirements. AFRIDESIGN accepts no responsibility for any misunderstandings arising from a poorly drafted specifications document. Further, AFRIDESIGN reserves the right to charged additionally for any extra development time incurred as a result.
Hosting
1. It must be stated that AFRIDESIGN does not provide web hosting services of any kind. Should a client request assistance with their hosting service provider, AFRIDESIGN reserves the right to bill for any such assistance provided. Further, AFRIDESIGN reserves the right to make use of a hosting provider of it’s choice.
2. In the event that a client’s website should experience technical difficulty, or downtime, and the source of such difficulty is found with the client’s hosting provider, AFRIDESIGN accepts no responsibility and shall not be held liable for any financial loss suffered by the client as a result.
3. It is expected that the client, and the client’s hosting provider will co-operate fully with AFRIDESIGN to complete the project successfully. It is expected that the client, and or, hosting provider shall provide the correct FTP details to AFRIDESIGN to successfully complete the project.
4. AFRIDESIGN shall under no circumstances provide FTP, database, login or any other confidential information, unless it is specifically requested in writing, by an authorised representative, via the authorising email address or account.
Disclaimer for liability
1. The client shall have no claim against AFRIDESIGN and the client hereby indemnifies and holds AFRIDESIGN free from liability in respect of any loss, damage or cost caused by or arising from:
  1. any fact or circumstances beyond the reasonable control of AFRIDESIGN; or
  2. any downtime, outage, interruption in or unavailability of any of the services or the AFRIDESIGN network infrastructure as a result of or attributable to any of the following causes:
    1. software or hardware service, repairs, maintenance, upgrades, modification, alterations, replacement or relocation of premises;
    2. the non-performance or unavailability, of whatever nature and howsoever arising of any of the services provided by Telkom (including, but not limited to, line failure) or in any international services or remote mailservers;
    3. the non-performance or unavailability, of whatever nature and howsoever arising, of external communications networks to which the client’s server or the AFRIDESIGN network is connected;
    4. the service, repairs, maintenance, upgrades, modification, alterations or replacement of any hardware forming part of the client’s services or any faults or defects of whatever nature in such hardware;
  3. any infringement of the client’s rights of privacy and/or any other like rights (including those of any other person or entity), arising from the services provided in terms of this agreement;
  4. 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 client’s information, data or content;
  5. the damage, contamination or corruption of any kind of the client’s data, material, information and/or content howsoever occasioned;
  6. any service, repairs, maintenance, upgrades, modification, alterations, replacement or work of any nature done on the client’s hardware, software or systems by any party other AFRIDESIGN;
  7. without limiting the foregoing, any fact, cause or circumstances whatsoever and howsoever arising if AFRIDESIGN has substantially performed its obligations under this agreement.
2. Notwithstanding anything to the contrary contained in this agreement or in any addendum or annexure to this agreement, the client shall have no claim against AFRIDESIGN and the client hereby indemnifies and holds AFRIDESIGN free from liability in respect of any loss, damage or cost which is indirect, consequential or incidental in nature.
3. AFRIDESIGN reserves the right to take whatever action it deems necessary at any time to preserve the security and reliable operation of the AFRIDESIGN network and the client undertakes that it will not do or permit anything to be done which will compromise the security of the AFRIDESIGN network.
4. Although AFRIDESIGN shall use reasonable endeavours to provide disaster recovery, AFRIDESIGN does not specify any recovery time, nor shall AFRIDESIGN be liable for any loss or damage of whatever nature incurred or suffered by the client from any cause whatsoever as a result of AFRIDESIGN’s failure to provide, or delay in providing, or providing only partial, disaster recovery. The client 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 client will be successful or in any way will avoid disaster.
Maintenance and repair
1. AFRIDESIGN may temporarily suspend its obligations in terms of this agreement in order to service, repair, maintain, upgrade, modify, alter, replace or improve any of AFRIDESIGN’s services. Where the circumstances permit, AFRIDESIGN shall use its best endeavours to provide prior notice of any such suspension to the client. The client shall not be entitled to any set-off, discount, refund or other credit in respect of any such suspension of service nor in respect of any suspension that is beyond AFRIDESIGN’s control.
Intellectual property
1. All intellectual property rights vested in or owned by a party or held by a party under any licensing agreement with any independent third party (including, but not limited to, intellectual property rights obtained or developed by a party after commencement of this agreement), shall be and remain the sole property of such party and the relevant licensor’s respectively.
2. The client shall not be entitled to use any of the trademarks, logos, brand names, domain names or other marks (collectively referred to herein as “marks”) of AFRIDESIGN without the prior written approval of AFRIDESIGN. The client hereby grants AFRIDESIGN a non-exclusive licence to use the client’s marks but only to the extent necessary or required by AFRIDESIGN to exercise its rights or fulfill its obligations under this agreement.
3. Other than specifically provided in this agreement, AFRIDESIGN shall wholly and exclusively retain all existing, and become the exclusive and unencumbered owner of all, intellectual property right(s) employed in or otherwise related to the AFRIDESIGN network infrastructure, the AFRIDESIGN e-commerce network infrastructure, AFRIDESIGN’s business and the provision of any of the services in terms of this agreement.

Standard Website Packages

Introduction
1. In addition to the General Terms, these terms and conditions govern the use of the AFRIDESIGN Standard Website Packages. By contracting with Afridesign for the services a Client will be lawfully regarded as having agreed to their use of the services specified being governed by this Agreement.
Payment & Suspension
1. AFRIDESIGN reserves its rights to change its prices at any time on reasonable notice, which will not be less than 30 days, as per the minimum term of a month to month agreement.
2. Debit Order Authorisation – refer to the following: https://www.afrihost.com/site/page/terms_and_conditions/category/general_terms
3. The Client’s monthly debit orders of the Fee will be submitted monthly in advance on or about the first Business Day of the month. This will apply to both Debit Order Payments and Visa/Mastercard Payments.
4. Unless otherwise agreed:
  1. Billing will commence on the date that Service provision commences. Partial months will be charged pro rata.
  2. Services are billed in advance and all invoices must be paid by the Client in advance.
  3. Any Services invoiced in arrears are payable on presentation of invoice.
5. Services which have been suspended for non-payment of Fees will remain suspended until payment has been made and the Service is reconnected. The Client will not be credited for Services that would otherwise have been available to the Client during the period of suspension.
6. In the case of a website being suspended due to non-payment a reconnection fee will be payable before the website is unsuspended. An additional waiting period of up to 72 hours may be imposed in the case of multiple payment bounces.
Design
1. This service makes use of pre-designed templates that AFRIDESIGN customise to suit your business look and feel. Customisation includes the following:
  1. Addition of Clients Logo, Images, Content, Fonts and Colour scheme.
Content
1. It is the client’s sole responsibility to provide AFRIDESIGN the content for their website.
2. AFRIDESIGN does not offer copywriting services. The information provided by the Client will be used “as is” for the content for the website.
3. It is the client’s sole responsibility to ensure that the content, images, trademarks and other artwork supplied to AFRIDESIGN for the use of the project, are owned by the client, or that the client has the necessary permission from the rightful owner to make use of such content. AFRIDESIGN, accepts no responsibility in the event that such ownership, or right of use is legally disputed.
Maintenance
1. Client will have access to a predefined number of maintenance hours per month dependent on their current package.
2. Unused Maintenance Hours do not roll over into the next month.
3. Should the Client use more than their allocated number of maintenance hours they will be billed per hour thereafter. AFRIDESIGN will notify the Client that their allocated hours are finished and what the cost will be should they wish to proceed with the additional maintenance.
Hosting & Email
1. Hosting and Email are included with this service and it is provided exclusively by Afrihost.
2. Clients who have hosting or email queries will need to deal directly with Afrihost support.
3. AFRIDESIGN accepts no responsibility for any down time or service interruptions related to hosting issues.
4. By making use of this service you agree to Afrihost Hosting Terms & Conditions.
Afridesign Inbound Link
1. Afridesign reserves the right to place a link to the Afridesign website (https://www.afridesign.com/) within the footer of the design / developed website, unless otherwise agreed upon.
Go-Live Promise
1. The idea behind the Go Live promise is simple, AFRIDESIGN endeavor within “X” number of days to get your website up and live. Should the Clients website not Go-Live within the predefined time frame indicated by the corresponding package that the Client signed up on, then AFRIDESIGN will refund the Clients first months fee.
2. Conditions
  1. Website Go-Live Promise time frame is only applicable from confirmed receipt of ALL Clients website content / information and not from the sign up date.
  2. The Go-Live Promise time frame excludes weekends & South African public holidays.
  3. Should the Client change the content or require new content be added within the Go-Live Promise time frame then the Go-Live Promise is forfeited.
  4. Should the Client require AFRIDESIGN to source Royalty Free Images to be used on the Clients website then the Go-Live Promise is forfeited.
Basic Onsite SEO
1. AFRIDESIGN only offers Basic Onsite SEO (Search Engine Optimisation) with this service which includes the following:
  1. Site Title
  2. Site Description
  3. Google Submission
2. AFRIDESIGN offer no promises that your site will be indexed by Google or that it will appear within the first pages of the Google search results.
3. AFRIDESIGN accepts no responsibility for a drop in Google rankings.
4. It is the Clients responsibility to inlist the services of an external company should they require additional or advanced SEO services.
5. AFRIDESIGN do not offer any Social Media marketing services.
Cancellation
1. This service operates on Month-to-Month contracts. Either the Client or AFRIDESIGN may terminate this Service, by giving one calendar month’s notice to the other. For example if notice is given on the 18th of January, termination will take effect on the 1st of March.
2. Should the Client cancel this service, the Client will not be able to move the website created by AFRIDESIGN to another hosting company or downgrade to a standard Afrihost hosting package. The website build is included and limited to the AFRIDESIGN Standard Website packages, and remains the property of AFRIDESIGN.
3. Cancellation, by the Client or AFRIDESIGN, will result in any data being permanently removed from Afrihost’s servers. Clients are solely responsible for ensuring that backups are made of web content and email data, or any other data stored on their hosting space. AFRIDESIGN will not be liable for loss of data, or be obliged to provide any such data once the hosting contract term has expired. Any backups made by Afrihost will be made for legal purposes and not for data retention purposes and will not necessarily be made available to Clients on request.
Backups
1. Clients are solely responsible for backing up their data and AFRIDESIGN strongly encourages ALL Clients to do so as frequently and completely as possible. AFRIDESIGN will not be liable for any data loss or any other losses or damages related to backups or data recovery without exception.

Privacy Policy

Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested.

The Information We Collect

This notice applies to all information collected or submitted on this web site. On some pages you can order products, make requests, or register to receive information. The types of personal information collected on these pages are:

Name
Address
Email address
Phone number
Credit/Debit Card information
etc.

The Way We Use Information

We use the information you provide about yourself when placing an order only to complete that order. We do not store or share this information with outside parties except to the extent necessary to complete that order.

Occasionally it is necessary to use the services of an associate. In this case we will share only what is necessary in carrying out the activities performed by the third party. (Examples would include credit card processing company, shipping company, etc.)

We use return email addresses to respond to email inquiries. Such addresses are not used for any other purpose and are not shared with outside parties.

You can register on our web site to receive our newsletter and other information. Information you submit in other areas of our web site will not be used for this purpose unless you fill out the subscription form. If you elect to no longer receive our newsletter, you may unsubscribe at any time. Every newsletter provides unsubscribe information.

We use non-identifying and aggregate information to help diagnose problems with the server, and to administer the web site. This information gives us an idea of which parts of our site users are visiting. No personally identifiable information is tracked.

This site contains links to other sites. AFRIDESIGN is not responsible for the privacy practices or the content of such Web sites.

Information provided via a form on the AFRIDESIGN web site is used strictly to provide the information necessary for us to fulfill your request. We will never send unsolicited emails. We will also never sell, trade, give-away or rent any information provided in any form on this site to third parties for purposes of building contact lists, or anything of that nature.

Affiliated sites, linked sites and advertisements

AFRIDESIGN expects its partners, advertisers and affiliates to respect the privacy of our users. Be aware, however, that third parties, including our partners, advertisers, affiliates and other content providers accessible through our site, may have their own privacy and data collection policies and practices. For example, during your visit to our site you may link to, or view as part of a frame on a Afridesign page, certain content that is actually created or hosted by a third party. Also, through Afridesign you may be introduced to, or be able to access, information, Web sites, features, contests or sweepstakes offered by other parties. AFRIDESIGN is not responsible for the actions or policies of such third parties. You should check the applicable privacy policies of those third parties when providing information on a feature or page operated by a third party.

While on our site, our advertisers, promotional partners or other third parties may use cookies or other technology to attempt to identify some of your preferences or retrieve information about you. For example, some of our advertising is served by third parties and may include cookies that enable the advertiser to determine whether you have seen a particular advertisement before. Other features available on our site may offer services operated by third parties and may use cookies or other technology to gather information. AFRIDESIGN does not control the use of this technology by third parties or the resulting information, and is not responsible for any actions or policies of such third parties.

You should also be aware that if you voluntarily disclose Personally Identifiable Information on message boards or in chat areas, that information can be viewed publicly and can be collected and used by third parties without our knowledge and may result in unsolicited messages from other individuals or third parties. Such activities are beyond the control of AFRIDESIGN and this policy.

Children

AFRIDESIGN does not knowingly collect or solicit Personally Identifiable Information from or about children under 13 except as permitted by law. If we discover we have received any information from a child under 13 in violation of this policy, we will delete that information immediately. If you believe AFRIDESIGN has any information from or about anyone under 13, please contact us at the address listed below.

Changes to this Policy

AFRIDESIGN reserves the right to change this policy at any time. Please check this page periodically for changes. Your continued use of our site following the posting of changes to these Terms & Conditions will mean you accept those changes. Information collected prior to the time any change is posted will be used according to the rules and laws that applied at the time the information was collected.

Bulk SMS, SMS Competitions, and
SMS Campaign Manager Terms

SMS Console Subscriber Terms and Conditions Agreement
1. By selecting the “I agree to the terms and conditions” checkbox on the website the subscriber hereby agrees to the following terms and conditions.
  In this Agreement, unless the context indicates a contrary intention, the words herein below defined shall have the meanings assigned to them, and similar expressions shall bear corresponding meanings:
  “Activation” means the enabling of a SMS CONSOLE Service by the Provider to the Subscriber to operate on the Network in terms of this Agreement.
  “Agreement” means the terms and conditions and (where applicable) any schedule to this Agreement, agreed to by the selection of the terms and conditions checkbox on the registration website by the Provider and the Subscriber.
  “Charges” means the charges calculated as per the pre-purchase selection on the control console
  “Initial Period” means a period of 1 month commencing from the date of Activation of the SMS Console Service;
  “Network” means the cellular telephony system operated by the Provider;
  “Prime Rate” means the Nedbank published prime overdraft rate of interest per annum plus 3%;
  “Renewal Period” means monthly after the service has been activated.
Suspension and Removal of Data
1. AFRIDESIGN may at any time without notice to the Subscriber and in any manner whatsoever, suspend or remove data from the Subscriber’s service in the event that:
  1. Any modification, maintenance or remedial work is required to be undertaken pertaining in any manner whatsoever to the Network;
  2. The Subscriber fails to perform any of its obligations, or breaches any term of this Terms and Conditions and fails to remedy the breach within 7 days of receipt of notification from the Provider stating the nature of the breach.
  3. The Subscriber fails to adhere to the SMS code of conduct as indicated at http://www.smscode.co.za
  4. No competitions of an adult or explicit nature will be tolerated by Afridesign. Afridesign reserves the right to suspend any SMS CONSOLE account in the event of any such competitions being run on the SMS CONSOLE
Commencement and Termination
1. This Terms and Conditions Agreement shall commence on the date of Activation of the SMS Console Service by the Provider and shall continue automatically for an unlimited number of Renewal Periods.
2. This agreement shall continue indefinitely, 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 party to that effect.
Intellectual Copyright
1. All software and intellectual property remains the property of AFRIDESIGN.
Limitation of Liability
1. Without detracting from any of the other provisions of this Terms and Conditions Agreement, the Provider shall not be liable to the Subscriber for any loss or damage suffered by the Subscriber, and whether same is direct or consequential in the event that the Network or the Cellular Service Providers, (being MTN, Vodacom and/or CELLC or any other), services are interrupted or terminated, for any reason, beyond the reasonable control of the Provider.
Charges
1. In consideration for the provision of the SMS Console Service supplied by the Provider to the Subscriber, the Subscriber shall effect prepayment to the Provider of the applicable charges as detailed in the SMS Costing Schedule. Should MTN, VODACOM and/or CELLC or any other carrier increase their rates, then and in that event the Provider shall have the option to increase its costing accordingly.
2. Unless otherwise agreed to by the Provider in writing, the Subscriber shall effect payment to the Provider for the supply of the SMS Console Service as per the electronic payment gateway provided in the SMS Console software.
3. No amounts remaining shall be refundable at any time.
4. An invoice / statement (“bill”) shall be sent by the Provider to the Subscriber at the email address supplied by the Subscriber in this Agreement.

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Phone

Support: +27 (0)11 250 5494

Sales/Support: [email protected]
Accounts: [email protected]

Available Hours

Mon – Thur : 8:30 – 16:00
Fri : 8:30 – 12:00 / 14:00 – 15:30
Closed Public Holidays.