TERMS & CONDITIONS

 
 

General Items

1. Quotations

1.1 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.
1.2 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 preceeding quote.
1.3 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.
1.4 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.
1.5 AFRIDESIGN reserves the right to quote & bill for project management. Such project management shall be billed according to our standard hourly rate.
1.6 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

2. Deposit and Placement of Order

2.1 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.
2.2 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.

3. Project Phases

3.1 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 preceeding 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.
3.2 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.
3.3 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.

4. Hosting

4.1 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.
4.2 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.
4.3 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.
4.4 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.

5. Disclaimer for liability

5.1 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:
5.1.1 any fact or circumstances beyond the reasonable control of AFRIDESIGN; or
5.1.2. 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:
5.1.2.1 software or hardware service, repairs, maintenance, upgrades, modification, alterations, replacement or relocation of premises;
5.1.2.2 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;
5.1.2.3 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;
5.1.2.4 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;
5.1.3 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;
5.1.4 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;
5.1.5 the damage, contamination or corruption of any kind of the client’s data, material, information and/or content howsoever occasioned;
5.1.6 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;
5.1.7 without limiting the foregoing, any fact, cause or circumstances whatsoever and howsoever arising if AFRIDESIGN has substantially performed its obligations under this agreement.
5.2 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.
5.3 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.
5.4 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.

6. Maintenance and repair

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.

7. Intellectual property

7.1. 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.
7.2. 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.
7.3. 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.


Project Specific Terms

1. Specifications and Payment terms

1.1 Once a quote has been accepted, a 50% deposit is required before development commences. The remaining balance will be paid upon completion of the project according to the project’s specifications, or on presentation of the relevant invoice. If any development outside of the original project specifications is required, AFRIDESIGN reserves the right to amend the total amount quoted according to our standard hourly rate, or as agreed upon prior to the commencement of the additional work requested.
1.2 Additionally, no design or development work will begin, unless AFRIDESIGN has been provided with all content and specifications documents necessary to complete the project, by the client.
1.3 Should the project not be completed within 12 months subsequent to payment of the 50% invoice, and such delay has been caused by;
1.3.1 the client’s failure to provide all necessary content & project specifications as described in point 1.2;
1.3.2 timeous approval of the various stages of the project; the 50% deposit will expire and the paid amount will be forfeited. In such a case, AFRIDESIGN shall cease all work on the project and re-issue a second 50% invoice to the client, which shall also include any work completed, but not previously invoiced for.
1.4 The first design concepts will be provided within 5 five working days upon confirmation of the 50% deposit.

2. Content

2.1 Any additional data capturing done as a result of incorrect or non-electronic formats provided, will be billed for according to our standard hourly rate. Content embedded within an image is not considered a usable format as it requires re-typing. Though all source code is the intellectual property of AFRIDESIGN, it will be made available to the client upon the completion of the project. AFRIDESIGN ensures that all information and data provided by the client remains confidential.
2.2 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.

3. Design Phase

3.1 Development of the website will not begin until a design has been formally signed off by the client, or if written approval of a design concept has been given.
3.2 Once formal written approval of the design concept to be used for the website has been given, 60% of the deposit becomes non-refundable.
3.3 AFRIDESIGN reserves the right to charge for any design changes required after sign off, according to our standard hourly rate.
3.4 AFRIDESIGN will provide one design concept for a small website, ie. a website containing 5 pages or less.
3.5 AFRIDESIGN will provide two design concepts for a large website, ie. a website of 5-10 pages.
3.6 AFRIDESIGN will provide three design concepts for custom Joomla websites.
3.7 Should additional design concepts be requested, a fee of R1500exVAT will be charged per design concept.
3.8 AFRIDESIGN will complete 3 design changes to the chosen design concept at no extra charge. Should more than 3 changes be requested, an fee will be charged according to our standard hourly rate.
3.9 Within 10 working days from date of payment of the 50% deposit, AFRIDESIGN will provide the client with the first drafts of the design concept.

4. Development Phase

4.1 Once a development site and link has been created for the client to view the progress of the site’s development, the remaining 40% of the deposit becomes non-refundable.
4.2 Final launch of the complete project will occur;
4.2.1 Once the development phase has been formally signed off by the client, and;
4.2.2 Once final payment has been made.
4.3 AFRIDESIGN reserves the right to charge for any development updates or additions required after sign off of the development phase, according to our standard hourly rate.

5. Bug Fixes

5.1 Bugs are considered anything that prevent the developed product from functioning according to the website specifications given, after launch of the website. Bug fixes made within the first month of the website launch, will not be charged for. Thereafter, AFRIDESIGN reserves the right to charge additionally for bug fixes.
5.2 Aesthetic changes to the final, client approved design concept, are not considered as bug fixes, and will be charged for according to our standard hourly rate, or as agreed upon prior to the commencement of the additional changes.

6. Afridesign Inbound Link

Afridesign reserves the right to place a link to the Afridesign website (http://www.afridesign.co.za) within the footer of the design / developed website, unless otherwise agreed upon.

7. Final Launch

7.1 Launch of the final website will occur after Afridesign has received the final proof of payment. Launch will occur within normal office hours, being 8am 5pm, Mondays to Fridays.
7.2 If the final proof of payment is received before 12am on any given working day, launch will occur that same day. If the proof of payment is received after 12am, launch will occur the following working day.
7.3 Should Afridesign be required to launch over a weekend, public holiday, or outside of normal office hours, an additional fee will be charged according to our standard hourly rate.


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, & SMS Campaign Manager Terms

1. SMS CONSOLE SUBSCRIBER TERMS AND CONDITIONS AGREEMENT

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:

  1. “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;
  2. “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.
  3. “Charges” means the charges calculated as per the pre-purchase selection on the control console
  4. “Initial Period” means a period of 1 month commencing from the date of Activation of the SMS Console Service;
  5. “Network” means the cellular telephony system operated by the Provider;
  6. “Prime Rate” means the Nedbank published prime overdraft rate of interest per annum plus 3%;
  7. “Renewal Period” means monthly after the service has been activated.

 

2. SUSPENSION AND REMOVAL OF DATA

2.1. 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:

2.1.1. Any modification, maintenance or remedial work is required to be undertaken pertaining in any manner whatsoever to the Network;
2.1.2. 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.
2.1.3. The Subscriber fails to adhere to the SMS code of conduct as indicated at http://www.smscode.co.za
2.1.4. 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

3. COMMENCEMENT AND TERMINATION

3.1. 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.
3.2. 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.

4. INTELLECTUAL COPYRIGHT

4.1. All software and intellectual property remains the property of AFRIDESIGN.

5. LIMITATION OF LIABILITY

5.1. 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.

6. CHARGES

6.1. 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.
6.2. 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.
6.3. No amounts remaining shall be refundable at any time.
6.4. 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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