Terms & Conditions

 

 1.

DEFINITIONS

 

1.1

For the purposes of this quote, unless the context indicates otherwise, -

   

1.1.1

“Acceptance of this Quote” means the date on which the Customer accepts this quote in writing;

   

1.1.2

“Customer” means that person(s) or company issuing the Order;

   

1.1.3

“Finished Product” means the finished goods supplied to the Customer, or the work completed for the Customer, by Jetweb, which shall conform in all respects to -

     

1.1.3.1

the requirements or specifications set out by the Customer in the Order; and/or

     

1.1.3.2

any copy and images supplied electronically by the Customer;

   

1.1.4

“Order” means the written order issued by the Customer to Jetweb, which, in the case of a company, must be on the company’s letterhead with the VAT and tax registration number clearly shown.

   

1.1.5

“Project” means goods to be supplied or work to be done by Jetweb in terms of your Order;

   

1.1.6

“Project Price” means the price referred to in Clause 2;

 

1.2

This quote is -

   

1.2.1

calculated on quantity and pricing is therefore based on receiving an order for the full quote;

   

1.2.2

based on your Order and is subject to change should your Order change in any manner whatsoever.

 

1.3

Acceptance of this quote by the Customer shall mean acceptance of these terms and conditions.

     

2.

PROJECT PRICE

 

2.1

The Project Price shall, subject to Clauses 2.2 and 2.3, be the price set out in this Quote for the execution of your Order, which price shall only be valid for 30 (thirty) days from the date of this quote.

 

2.2

The Project Price shall be increased:

   

2.2.1

if there is a differentiation in the agreed development, in which case the Project Price shall be increased;

   

2.2.2

if a request is made for urgent or after hours work, in which case the Project Price shall be increased by 25% (twenty-five per cent) plus VAT, it being recorded that “after hours” work shall mean any work to be done after 17h00 and before 08h30 on any day.

 

2.3

Copyrighting, editing, typing copy, redrawing of logos and sourcing of images will be charged as extras.

 

2.4

The Project Price shall be payable as follows:

   

2.4.1

a 50% non-refundable deposit is payable on Acceptance of this Quote and proof of payment of the deposit must be forwarded to Jetweb by facsimile or e-mail before the Project commences;

   

2.4.2

the balance shall be payable on delivery of the Finished Product to the Customer.

 

2.5

Debit Orders are run on or around the 01st of every month unless otherwise specified to the client in writing.

 

2.6

Should the Customer not sign acceptance of the quotation, yet pay a deposit as set out on clause 2.4.1 above, Jetweb will deem the quote accepted.

 

2.7

If the deposit referred to in Clause 2.4.1 is paid by bank cheque, execution of the Project shall not begin until such time as the cheque has been cleared by Jetweb’s bankers.

 

2.8

No relaxation which Jetweb may allow at any time in regard to any payment due by the Customer to Jetweb in terms of this Quote shall be a waiver of, or prejudice, any of Jetweb’s rights against the Customer for any amount due in terms of this Quote.

 

2.9

Should any portion of the Project Price not be paid on the due date therefore, then the amount outstanding shall bear interest at the rate of 25% (twenty five per centum) per year, calculated from the date on which the amount in question became due until the date on which the amount outstanding is paid in full, which interest shall be paid to Jetweb monthly in arrears.

 

2.10

Should the Customer allege at any time, in defending any action based on these Terms and Conditions, that errors have been made in the calculation of any amount claimed, then the onus of proving that defence will rest on the Customer.

 

2.11

Any acceptance in writing or payment made to Jetweb and allocated to the Customers' account will be deemed as acceptance of any quotation, invoice, agreement or statement.  Henceforth, the Customer is deemed in acceptance of these terms and conditions.

   

3.

EXECUTION OF THE PROJECT

 

3.1

The Finished Product shall not be produced by Jetweb until all samples, images, and/or proofs thereof have been approved by the Customer in writing. It is recorded that any amendment made to such samples, images and/or proofs after such approval has been obtained, or any deviation from the Order, shall form part of a new order and quotation.

 

3.2

Obtaining copyright for any design and/or image produced or created by Jetweb for the Customer shall not be the responsibility of Jetweb.

 

3.3

Time periods given for the completion of a Project are a guideline only and whilst Jetweb undertakes to use its best endeavours to complete a Project within the time period given it cannot guarantee this.

 

3.4

Should the Customer cause the Project to be delayed for any reason whatsoever for a period of 2 (two) months or more, thereby preventing Jetweb to produce the Finished Product, then this Quote shall no longer be of any force or effect and the deposit referred to in Clause 2.4.1 shall be forfeited by the Customer.

 

3.5

Acceptance of any quotation or invoice indicates that Jetweb may start any project at their discretion.  Any accepted fees as stated in Clause 2 (Project Price) will be applicable.

       

4.

OTHER CONDITIONS

 

4.1

Artwork and images supplied must be a minimum of 300 dpi.

 

4.2

Upon first presentation of a Website Design Mockup, a maximum amount of 2 change requests are allowed for the mockup.  All other changes will be charged at an additional cost.

 

4.3

Jetweb shall not accept liability for infringement of any intellectual property rights, including copyright, in respect of the incorporation of any works, inventions, designs, trademarks and/or concepts provided to Jetweb by the Customer and which are incorporated into this Project and the Customer undertakes to indemnify Jetweb in respect of all legal costs and damages incurred by Jetweb as a result of any legal proceedings instituted for infringement of said intellectual property rights.

       

5.

WEBSITE & HOSTING

 

Any online packages are subject to change without notice.

 

5.1

Hosting:

   

5.1.1

Subject to 5.1.2, cancellation of hosting or related services requires 30 days’ notice starting on the 01st of the last month for which you wish your service to run to be given in writing.

   

5.1.2

Earlier release of the domain may be given at the discretion of Jetweb.

   

5.1.3

Should there be any fees due to Jetweb at the end of the notice period referred to 5.1.1, then cancellation of the hosting will only take effect on the date on which those outstanding fees are paid in full, together with any fees due for any additional days hosting.

   

5.1.4

If payment of any invoice is not received within 10 days of the date of the invoice in question, then the hosting service will be cut and a reconnection fee will be charged once payment is received.

   

5.1.5

Fees paid in advance or at a discounted rate are non-refundable.

 

5.2

Website Maintenance:

   

5.2.1

Website maintenance is not accumulative and must be used within the month for which it is invoiced.

   

5.2.2

Fees paid in advance or at a discounted rate are non-refundable.

   

5.2.3

Design changes are not included in the maintenance fee and will be quoted for separately.

   

5.2.4

Cancellation of maintenance requires 30 days' notice to be given in writing.

   

5.2.5

"Reasonable change" is at the discretion of Jetweb and is measured by such change not requiring extra resources, heavy maintenance or time.

   

5.2.6

Where eCommerce, Newsletters or any other component of the website is specified, it shall be presumed that such component exists on the website. Should such component not exist, a separate charge will be quoted therefore.

 

5.3

CMS (Content Management System) Websites
Although Jetweb allows change access to certain parts of a clients’ website to them, we do not offer changes to the structure of the website for layout integrity purposes.  However, should a client request complete backend access, we do not take responsibility for the website changing in any way and fixes will be charged.

 

5.4

Should Jetweb be contracted to maintain and update a website, please note that we shall not be liable for third party code and API changes which are utilised in certain website components.

     

7.

SEARCH ENGINE OPTIMISATION (SEO)

 

7.1

Fees must be received prior to the start of any services provided and is payable for the month in advance.

 

7.2

Fees are payable on a monthly basis unless otherwise agreed.

 

7.3

There is a notice period of one month for cancellation of the contract.

 

7.4

The Client will provide the access and permissions necessary to perform the work agreed on. This includes FTP details, passwords and other mechanisms to be able to access the website for the purpose of optimisation.

 

7.5

The Client gives permission to Jetweb to make changes for the purpose of optimisation to the website, and permission to communicate directly with any third parties, e.g., the Client’s web designer, if necessary. The Client will give Jetweb unlimited access to existing website traffic statistics for analysis and tracking purposes.

 

7.6

The Client warrants that all materials, such as logos and content, are owned by the Client and there are no copyright or legal issues that may affect Jetweb during the course of its work.

 

7.7

The Client authorises Jetweb the use of all client logos, trademarks, Web site images, content, etc., for use in creating informational pages and any other uses as deemed necessary for search engine positioning and optimisation.

 

7.8

The Client agrees that all content created and provided by Jetweb is copyrighted by Jetweb until the final payment for services has been made in accordance with the contract, at which time it reverts automatically and irrevocably to the ownership of the Client.

 

7.9

The Client agrees to provide content, for example 200 to 500-word “articles” about each of their keyword phrases, if required by Jetweb.

 

7.10

The Client agrees that no work shall be done on the website during the optimization process without Jetweb’s knowledge and consultation.

 

7.11

Jetweb shall not be responsible for delays, costs, or errors attributable to unauthorised changes to the website during the term of this contract and will charge an hourly fee for reconstructing content should any website content be overwritten by the Client.

 

7.12

All fees are non-refundable.

 

7.13

Jetweb has no control over the policies of search engines with respect to the type of sites and/or content that they accept now or in the future. The Client site may be excluded from any directory at any time at the sole discretion of the search engine or directory.

 

7.14

Due to the competitiveness of some keywords/phrases, on-going changes in search engine ranking algorithms and other competitive factors, Jetweb does not guarantee #1 positions or consistent top 10 positions for any particular keyword, phrase or search term.

 

7.15

Some search engines and directories may take as long as 6 months, and in some cases longer, after the commencement of the SEO work to show an improvement in rankings for your site.

 

7.16

Occasionally, search engines will stop accepting submissions for an indefinite period of time.

Occasionally, search engines will drop listings for no apparent or predictable reason. Often listing will “reappear” without any additional submissions.

 

7.17

Please note that the search engines, especially Google, do not like duplicate sites/duplicate content. Jetweb will take no responsibility for rankings if it transpires that the client has created duplicate sites or duplicate content (in other words, two different websites with the same content and layout) without our knowledge.

 

7.18

Jetweb is not responsible for changes made to the Web site by other parties that adversely affect the search engine rankings of the Client’s Web site.

 

7.19

Linking to “bad neighbourhoods” can seriously damage all SEO efforts. Jetweb does not assume liability for the Client’s choice to link to or obtain a link from any particular website without prior consultation.

 

7.20

Jetweb will not be held responsible for losses of income resulting from search engines dropping the Client’s website from their index or the website not performing as expected in the search engines.

   

8.

OWNERSHIP IN THE FINISHED PRODUCT

 

Any materials, design work, documents, diagrams, sketches or anything else which Jetweb furnishes to the Customer, including copyright in any copyrightable works produced by Jetweb for the Customer in terms of this Quote, shall remain the property of Jetweb until such time as the full Project Price is received by Jetweb.

     

9.

BREACH

 

Should the Customer commit a breach of Clause 2 and fail to remedy that breach within 7 (seven) days after receipt from Jetweb of written notice calling upon it so to do, then Jetweb shall be entitled, in addition to and without prejudice to any right it may have as a result of that breach, to reclaim the Finished Product and recover such damages as it may have sustained.

     

10.

JURISDICTION

 

The Customer and Jetweb hereby consent and submit to the jurisdiction of the Witwatersrand Local Division of the Supreme Court of the Republic of South Africa for the purpose of all or any legal proceedings arising from or concerning these terms and conditions.

     

11.

NOTICES AND DOMICILIA

 

11.1

Any notice or communication required or permitted to be given in terms of these terms and conditions shall be valid and effective only if in writing but it shall be competent to give notice by telefax or e-mail, in which case it shall be deemed (unless the contrary is proved) to have been received on the first business day after it is sent. 

 

11.2

Should the customer change any address, the onus is on the customer to inform Jetweb in writing of the new address and contact details.

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