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General
Terms & Conditions
- DEFINITIONS
In this agreement the terms below have the following meanings:
- “The Client” means
any person, company, partnership, organisation or body at whose
application Netrenz™ agrees to provide the products and/or
services under the terms of the agreement.
- “The Agreement”
means this contract between the Client and Netrenz™ and is
the entire agreement between the parties and may only be amended
in writing and signed by both parties.
- “In writing” means
a digital or printed document.
- “Completion of the website or application”
means 5 days from the website or application being uploaded to a
temporary site on Netrenz™ server for final approval by the
client, without notification from the client that the website or
application is unsatisfactory. Or if the website or application
is satisfactory to the client then an invoice will be sent to the
client which will mean “Completion of the website or application”.
- "Deliverables" are
the outputs of services to be supplied under the agreement and shall
include but are not limited to, all software and written material,
including documents, programs, listings and other programming documentation.
- SCOPE
This agreement shall apply to all goods and/or services ordered by the
client from Netrenz™ as stated by the latest quotation for a particular
project or job.
- NOTICES AND DOMICILIA
The parties hereby choose domicilia citandi and executandi for all purposes
under this Agreement at their respective addresses as set forth:
THE CLIENT:
We will use your primary email address.
NETRENZ™ INTERNET SOLUTIONS:
Email Address: info@netrenz.com
Any notice to any party shall be addressed to it at its domicilium
aforesaid.
In the case of any notice: -
it shall be deemed to have been received, unless the contrary is proved,
on the 5th (fifth) business day after sending.
Any party shall be entitled, by notice in writing to the other, to
change its domicilium to any other address, provided that the change
shall only become effective 14 (fourteen) days after service of the
notice in question.
For the purposes hereof “business day” means any day
other than a Saturday, Sunday or Public Holiday.
- SCOPE OF WORK AND TIMELINE
For the Schedule/Timeline – To be added specifically for each job
e.g. Design, construction, installation and commissioning of a new website
or application with xyz features. Timeline is the starting and finishing
date with any milestones along the way that are significant.
- LIABILITY
Netrenz™ hereby excludes itself, its Employees and or Agents from:
- All and any liability for loss, damages and costs caused
by any inaccuracy, omission, delay or error, whether the result
of negligence or other cause in the production of the website or
application.
- All and any liability for loss, damages and costs to
clients artwork/photos, supplied for the site immaterial of whether
the loss or damage results from negligence or otherwise.
- PAYMENTS
- An upfront payment of 50% of the total fee is due with
the order for orders over R3,000 (Three Thousand Rand), unless otherwise
agreed. A further 50% of the payment is due no later than 25 days
upon completion of the website or application.
- On receipt of the order and the upfront payment, the
design of the website or application will commence.
- Whilst any payment due under the agreement remains outstanding,
Netrenz™ shall be entitled at its sole and absolute discretion
to withhold provision of any goods or services it would otherwise
be obliged to provide under the agreement. All payments by cheque,
bankers draft or money order must be made in rand.
- If the client fails to pay before the 25 day period
after completion of the website or application is up then penalties
of 5% per day may result. This percentage will be charged on the
outstanding balance.
- THE CLIENTS OBLIGATIONS
- Copyright
Any website or application designed by Netrenz™ carries a
copyright which belongs to Netrenz™, and cannot be reproduced
without written consent from Netrenz™. If the client does
not purchase the website or application then Netrenz™ retains
the website or application. This is according to the Copyright Act
No 98 of 1978 as amended.
- Indemnity
The Client hereby indemnifies Netrenz™ from all and any liability
for loss, damages and costs of any kind.
- NETRENZ™ OBLIGATIONS
- On completion of work, Netrenz™
will upload the deliverables to the client area of Netrenz™
Server for approval. Upon written approval and full payment by the
client, the deliverables will be uploaded to the client’s
server.
- Refunds
The deposit paid to secure the project is non-refunable.
Cancellations made within 5 days of completion of website, may
be subject to additional charges, if expenses have been incurred
in respect of additional expenses from third parties including
but not limited to: stock photography; electronic commerce software;
online transaction processing solutions; domain name registration;
web space; Internet connection. Where possible third party products
will not be purchased until the design has been approved. All
such cancellations must be in writing within 3 days of the client
viewing the completed website or application. We will provide
you with a detailed breakdown of any of the above mentioned costs
if they are incurred.
- LAW
These conditions and all other express terms of contract shall be governed
and construed in accordance with the laws of South Africa.
- SEVERABILITY
In the event any one or more of the provisions of this Agreement and
contract shall be held to be invalid, illegal or unenforceable, the
remaining provisions of this Agreement and Contract shall be unimpaired
and the Agreement and Contract shall not be void for this reason alone.
Such invalid, illegal or unenforceable provision shall be replaced by
a mutually acceptable valid, legal and enforceable provision which comes
closest to the intention of the parties underlying the invalid, illegal
or unenforceable provision.
By accepting the quotation presented to you by Netrenz™ Internet
Solutions you acknowledge that you have read and understood the contents
hereof and that no verbal agreements or promises were made by any party
which is not in writing in this agreement.
If you would like a copy of these terms and conditions or would like
to discuss any of the contents hereof please contact us using the details
or form on the contact page.
Thank you for reading these terms and conditions. |