BETWEEN: AIMWEB Global Web Solutions Pty Ltd hereby referred to as “Service Provider” AND ___________________ _________hereby
referred to as “The Client”.
General Terms & Conditions:
1.1 All recommendations made by the Service Provider are our own recommendations, based on established best practices and our own
experience and are given as a courtesy to our clients.
1.2 Clients make use of the services of the Service Provider at their own risk.
1.3 The Service Provider reserves the right to remove content, articles and / or links or to suspend the clients website in the event of non-payment of any amounts due which are legally owing and payable to the Service Provider.
1.4 Furthermore, in the event that the Client‟s account is in arrears for a period of 90 days or more, the Service provider may elect to cancel the Client’s contract with immediate effect and claim the full outstanding contract price from the Client. In addition thereto, the Service Provider reserves the right to suspend the Client’s website with immediate effect until further notice.
1.5 The Service Provider may also ellect to pursue the recovery of the arrears that are legally due to the Service Provider by means of appointing of a legal representative as well as listing the Client with Credit Bureau(s).
1.6 The Service provider cannot be held liable for the actions of third parties under any circumstances, including but not limited to the plagiarism of articles written by the Service Provider on behalf of the Client, in the event that such articles are copied and used elsewhere on the internet.
1.7 All content supplied is original content, written for the sole use of the Client, and may contain links to contextually relevant, noncompetitive websites for the purposes of search engine optimization and digital marketing. The Service Provider reserves the right to all the content supplied to the Client until such content is paid for to the full extent.
1.8 The Service Provider reserves the right to make changes to Clients website that will benefit search engine optimization efforts and for the purposes of digital marketing.
1.9 The Service Provider may not be held liable or responsible for any violation of copyright, trade secret, trade mark, patent, invention or any other non-disclosure rights of the Client.
1.10 The Client hereby indemnifies and may not hold the Service Provider liable for any costs (including attorney fees), damages and liabilities arising from any negligence or un-intentional violation of any copyright, trade secret, trade mark, service mark, patent, invention, proprietary information or non-disclosure rights of the Client or any third party. Furthermore, the service provider may not be held liable for any downtime associated with connectivity problems and / or malicious attacks on the Client’s website.
1.11 Any additional and necessary work and / or modifications on a client’s website or assistance in any way as a result of client’s request or as a result of the malicious attacks stipulated in point 1.10, will be charged at a rate of R450 per hour exclusive of VAT by the Service Provider unless otherwise agreed upon with the Service Provider.
1.12 To the full extent of the law, the Client will be liable to pay any expenses or damages to the Service Provider resulting from claims made by third parties with regard to usage of material provided by the Client even after termination of this agreement.
1.13 To the full extent of the law, the Service Provider disclaim all warranties not expressly set forth in this document express or implied with regard to the Service Provider‟s services.
1.14 Limitation of Liability: the maximum aggregate liability the Service Provider may have to the Client will be limited to the total amount of fees collected from the Client. The Service Provider will have no liability in connection with the functionality or content of any website not hosted by the Service Provider.
1.15 The above agreement will be governed by the laws of the Republic of South Africa. Any claims against the above agreement must be made within 30 days after the signature date of the contract and must be made in writing to:
“AIMWEB Global Web Solutions”, “Unit 30, Prestige Business Park, Democracy Way, Century City, Cape Town, 7441, South Africa”.
1.16 Should a claim arise, the Client agrees to waive a trial (court) resolution and to first seek resolution by means of arbitration.
1.17 However, should same not be successful the Service Provider may institute legal proceedings against the Client who will be liable for all legal costs on an attorney and client scale and collection commission.
1.18 The Service Provider reserves the right to delegate or subcontract any part of the contract in question to a third party entity of the
Service Provider’s choice without the need for a prior conscent by the Client.
1.19 The person signing the “Terms & Conditions” certifies that he/she is authorized to purchase services on behalf of the Client and/or Business.
1.20 The “Terms & Conditions” are binding on both parties on the date the “Terms & Conditions” are signed. In the case of an online contract, the digital signature shall be regarded as binding to the full extent.
1.21 The “Setup Costs” associated with the agreement are non-refundable.
1.22 All refunds will be processed based on the amounts indicated on the website at the time of the quotation provided. Discounted pricing will not be applicable.
1.23 The Service Provider reserves the rights to make changes and / or amendments to the above agreement. If such a condition should occur all parties involved will be notified in writing.
1.24 Should the Service Provider breach any material term of this Agreement, then the Client will have the right to provide the Service Provider with a letter requiring the Service Provider to rectify the breach with a period of 30 (thirty) business days. Should the Service Provider neglect or fail to rectify such breach within the 30 (thirty) business days, then the Client may cancel the Agreement and claim any damages within the spectrum of the limitation of liability outlined above.
1.25 The website created by the Service Provider will only become property of the Client after the initial contract period has come to an end and all monies
owed to the Service Provider as set out by the agreement have been paid in full.
1.26 All fees due by the Client are collected on the 1st day of the month via a mandatory debit order.
1.27 All the prices quoted are exclusive of VAT unless otherwise stipulated.
1.28 Due to search engine ranking fluctuations and Google algorithm changes, AIMWEB does not guarantee any rankings at any given time.
Notice: Annual Domain Renewals
Please note that it is each clients own responsibility to ensure that their domain is renewed annually through UNIFORUM (ZACR). AIMWEB Global Web Solutions Pty Ltd does offer a service to renew the clients domain name on behalf of our clients at the rate of R149.00 excl. vat. which includes the fees payable to UNIFORUM (ZACR) of R89.00.