Between Sea-Waves Technology, a division of Seawaves Technology and Trading (Pty) Ltd, Registration number 2016/190589/07 (we or us) and you.
These terms and conditions (Terms) govern your subscription to our design services as provided by the “Sea-Waves Technology” subscription product (Service) which is set out more fully at www.seawaves.co.za (Website) and forms a binding contractual agreement between you, the user of the Service, and us.
By using the Service, you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, you must not use the Service.
You acknowledge and agree that you have had a sufficient chance to read and understand the Terms, and you agree to be bound by them.
- “Agreement” means this agreement between Sea-Waves Technology and the Client (together with the annexures hereto), as amended, supplemented, varied or novated from time to time, incorporating, amongst other things, all Quotes, Invoices, debit order authorizations and any terms and conditions applicable to any promotional offers of Sea-Waves Technology, from time to time.
- “Background IP” means Intellectual Property Rights owned by either party immediately prior to the date of this agreement or developed independently of this agreement.
- “Client”, “You” and “Your” means the party or parties who are authorised to make decisions regarding signing up/registering and understanding / accepting these terms and conditions – who utilize Products and/or Services provided by Sea-Waves Technology.
- “Content” means all materials, information, photography, writings and other creative content.
- “Contract”, “Contract Agreement” and “Terms & Conditions” is all terms used for this Contract Agreement.
- “Deliverables” means the services and work product specified in the Proposal to be delivered by Sea-Waves Technology to the Client, in the form and media specified.
- “Domain Name” means any domain name reserved / procured by Sea-Waves Technology for the Client pursuant to the rendering of Domain Name Services hereunder;
- “Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright, know-how, trademarks (whether registered or not), business names (whether or not registered), domain names, inventions, discoveries, patents, patent applications, designs, circuit layouts and all other intellectual property as defined in Article 2 of the Convention Establishing the World Intellectual Property Organization of July 1967.
- “Monthly Website Design” means a website owned, controlled and serviced by Sea-Waves Technology that is leased to a Client.
- “Moral Rights” means the right of attribution, the right against false attribution and the right of integrity of authorship as defined in the Copyright Act 1978.
- “Project” stands for any work Sea-Waves Technology undertake or any service provided by us, described on our website based upon the applicable plan.
- “Services” means all services and the work product to be provided to Client by Sea-Waves Technology as described and otherwise further defined.
- “Specifications” means the specifications in respect of the nature and scope of the Services to be performed by Sea-Waves Technology, as set out in the Quote and/or Invoice
- “Trademarks” means trade names, words, symbols, designs, logos or other devices or designs used in the Final Deliverables.
- The Client authorises Sea-Waves Technology to perform the services outlined in this agreement on the Clients’ behalf, which may include but is not limited to, registering their domain, accessing their hosting account and disk space, creating databases and applications, and submitting their website to search engines.
- Products and/or Services as described in the Quotation will only commence, once the Client’s payment has been confirmed as received by Sea-Waves Technology.
- Sea-Waves Technology commits to working expeditiously to complete the quoted products and/or Services within the design specifications and time-frames indicated as per the Quotation(s).
- Sea-Waves Technology cannot be held responsible for delays outside of their control, including but not limited to equipment failure,
- Sea-Waves Technology endeavour to make websites that perform well in up to date, current major browsers (Google Chrome, Firefox, Safari, Microsoft Edge), but cannot guarantee backward compatibility (i.e. functionality on older or obscure devices and software).
ACCOUNT SETUP AND MEMBERSHIP
- As a condition to using Services, you are required to open an account with Sea-Waves Technology and select a password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account.
- You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your account.
- If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account.
- Sea-Waves Technology reserves the right to terminate immediately and remove completely from the system any member who we believe to be:
- using any Service illegally
- attempting to abuse or misuse any Service in any manner
- attempting to gain unlawful or inappropriate entry into any section of any Service or disrupt the normal functioning of any Service in any manner
- attempting to abuse any Service in any way outlined in this document through the unsanctioned use of the username and password of another individual
- attempting to, what is commonly known as, ‘hack’ any part of any Service in any manner
- You will indemnify us against any loss we may incur arising out of such misuse as outlined above and we have no prior need to give you any warning or any reason if we believe you are at fault.
- Registration applies to the individual or business that makes the payment for the Service and is non-transferable. If we feel it is appropriate to do so, we reserve the right to:
- remove or suspend the registration
- remove or suspend the login
- alter or remove any details stored by our systems against your account
- track the actions of any registered member within the Service
- Your password may only be used by you and it is your responsibility to keep it confidential. You will be held responsible for all use of any Service using your password. You may change your password at any time through the settings page within your account. You will indemnify us against any loss we may incur arising out of the unauthorised use of your password.
- Any content, data or information stored on or uploaded to this Service whether by you or a third party using your password is your responsibility. You must comply at all times with all relevant laws and regulations relating to such activities or information. This includes but is not necessarily limited to: copyright; defamation; trademarks; data protection or any regulation of offensive, obscene or illegal content.
- We reserve the right to access any content, data or information stored on this Service or email messages sent via this Service and remove all or any part of such information or message if we deem it to be actually or potentially inappropriate or illegal. However, Sea-Waves Technology is under no obligation to monitor any such information, content or messages and it is your responsibility to comply with any applicable law, regulation and these terms.
- You will indemnify us against any loss we may incur as a result of your breach or any alleged breach of any such law or regulation by any third party
FEES AND COSTS
- We only accept Debit/Credit Card or Direct Debit payment for Monthly Website Design. Management reserve the right to change this at any point. Please ensure you can pay using these methods, before signing a contract with us.
- The Service is available for purchase as a monthly subscription through our Website. We will invoice you the agreed monthly rate (Fee) in advance, and the Fee will be automatically deducted from your Debit/Credit Card on the same date each month. Should a payment date fall on a non-working day, the payment will be processed on the next available working day. If you no longer wish to use our service you can cancel at any time, however, any money paid for time not used will not be returned unless we are at fault.
- If your Debit/Credit Card expires or your Debit/Credit Card details change, you must let us know as soon as possible. Delay in payment may result in suspension or termination of your subscription by us.
- Unless otherwise stated on the Website or in any invoice we provide you, the Fee is quoted in Rands and expressed inclusive of all taxes.
- If you require custom coding services or any other services that are not contained in the Service description on the Website (Additional Services), then we will advise you of this and of the estimated cost for the provision of those Additional Services. You agree that any Additional Services will be subject to our standard terms and conditions.
- You must not share, or allow any person outside of your organisation to use, your access to the Service without our prior consent. We reserve the right to immediately terminate your subscription at any time without liability if you allow, or we have reasonable grounds to suspect that you have allowed, access to the Service by an unauthorised person.
LATE OR NON PAYMENTS
- Sea-Waves Technology charges a R50 late payment fee for payments which occur after every 7 days’ payment has not been received. This fee will be applied automatically, and we reserve the right to collect this fee automatically via Direct Debit. If no direct debit is set up, this fee will be added to the invoice. If the Client continues not to pay, we will attempt to contact either by email or telephone.
- Sea-Waves Technology has the right to retry for failed direct debits automatically without notice to the Client. We operate an automatic system that will attempt to take failed direct debits again and will do on multiple occasions if necessary on an automatic basis.
- If the Client in default maintains any information or files on Sea-Waves Technology’s web space, Sea-Waves Technology will, at its discretion, remove all such material from its web space. Sea-Waves Technology is not responsible for any loss of data incurred due to the removal of the service. This includes any and all unpaid monies due for Services, including, but not limited to, hosting, domain registration, search engine submission, design and maintenance, and sub-contractors.
- Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Clients with accounts in default agree to pay Sea-Waves Technology reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Sea-Waves Technology in enforcing these Terms and Conditions.
- Refunds will not be given once work has started on your Services and you have agreed to these Terms and Conditions.
- Once you agree to your website to go live, you also agree that you are entirely satisfied with our work and no refunds will be given for any reason after the site has been published.
- You are not entitled to a refund of any of our Services if you:
- decide to discontinue the use of our Services
- find our charges to be higher compared to others and you can’t afford the Services;
- choose the wrong specifications for the Service;
- knew about the particular fault prior to purchase; and/or
- were responsible for causing the fault.
- There are no refunds on administrative fees, install fees for custom software, hosting (if purchased as part of a website design package), SSL certificates or domain name purchases.
- Violations of the Terms and Conditions will waive the refund policy.
- Any Client withdrawing payments via Bank or Debit/Credit Card [a “chargeback”] may be subject to a punitive fee of R100.00, should Sea-Waves Technology deem this chargeback to be unfair.
- Sea-Waves Technology also reserves its rights to defend such chargebacks and recover the original monies from the card issuer.
- Our Refund Policies are clearly stated above, and all Clients are asked to read and agree to our Terms and Conditions prior to the start of any project.
- We create designs that adapt to the capabilities of many devices and screen sizes. We create them iteratively and use predominantly HTML and CSS so we won’t waste time mocking up every template as a static visual. We may use visuals to indicate a creative direction (colour, texture and typography.) We call that ‘design atmosphere.’
- You’ll have plenty of opportunities to review our work and provide feedback.
Types of Pages
- Home – The landing page, meaning the page that will be displayed first when a user accesses your website. It doesn’t have to be called home, but this is the industry norm to standardise navigation. This is your first message to the Client – the billboard of the website.
- About Us – Often this is included on the homepage, but if you have a lot to say or a story to tell, it usually is done on a separate page.
- Products – Depending on your type of business, this should be named accordingly for example “Courses”, “Events” or “Services”. To un-clutter the menu if you intend on having several pages, use categories of products/services, or a “Categories” page with sub-headers.
- Portfolio or Gallery – Preferably, only one of these should be opted for. Galleries are just a display of images with perhaps short descriptions for the images if they aren’t self-explanatory. Portfolios are detailed success stories of projects, Clients, products like artwork, and usually have several pictures linked to one success story or links to external websites.
- Contact Us – It’s a must-have for any website. Further down in this document described under Contact Information and Maps
- More suggestions are FAQ (Frequently Asked Questions), Newsletters, Blogs, Partners, Directories, Pricing, Info, Disclaimer, T&C, or anything you need.
- We’re not responsible for writing any text copy. This must be provided by the Client, as you know your industry and language better than us and make the process much faster with minimal errors. The information provided by the Client will be used “as is” for the content for the website.
- Written content must be supplied in digital format, in a commonly used document software application, such as MS Word, Google Docs, PDF, or as a simple text file representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages.
- Acceptable file extensions are: .doc; .docx; .pdf; .txt
- Other file extensions may be acceptable and convertible, but features can be lost if the written content formatted text is applicable.
- Formatted text is considered as the layout and display of written content (font, size, effect, paragraph styles, spacing, bullets, numbering, etc.).
Graphics and photographs
- You should supply graphic files in an editable, vector digital format. You should supply photographs in a high-resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries.
- We offer included stock photos that are used in your bespoke designed pages as part of your package as described on our pricing page. If you’d like us to search for photographs for you, we can provide a separate estimate.
Payment Gateways for eCommerce Websites
- As standard, we will link your website with PayPal or PayFast. These allow you to accept transactions using most major debit and credit cards.
- Should you require an alternative solution please contact us to discuss your requirements. An additional charge will be made if you wish to use an alternative payment gateway.
- Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.
- We test our work in current versions of major desktop browsers including those made by Apple (Safari), Google (Chrome), Microsoft (Internet Explorer and Edge), Mozilla Firefox and Opera. We won’t test in other older browsers unless we agreed separately. We won’t test in other older browsers and minority desktop browsers.
Mobile browser testing
- Testing using popular smaller screen devices is essential in ensuring that a person’s experience of a design is appropriate to the capabilities of the device they’re using. We test our designs in:
- iOS: Safari and Google Chrome
- Android: Google Chrome
- We won’t test in Opera Mini/Mobile, specific Android devices, or other mobile browsers unless we agreed separately. If you need us to test using these, we can provide a separate estimate.
- Testing using popular smaller screen devices is essential in ensuring that a person’s experience of a design is appropriate to the capabilities of the device they’re using. We test our designs in:
CHANGES AND REVISIONS
- All projects include Unlimited Revision Rounds. Sea-Waves Technology cannot and will never limit the Client to change their minds.
- On design completion of the Client’s website, the website will be activated for 2 (two) working days, in order for the Client to preview and respond with amendments and/or improvements, within these 2 (two) working days, in writing by Client Portal.
- Hereafter the Client’s website will be reverted to “Under Construction” status until these amendments and/or improvements, or other adjustments have been made.
- The Client must assume that, after sign-off, all additions, alterations, changes in content, layout or process changes requested by the Client, will alter the time and cost.
- A content update is a change to existing content and pages only, with the exception of news and blog articles which will be added as new pages. Any additional page requests after the website has launched will be chargeable (unless specified otherwise by the Sea-Waves Technology).
- Content updates are capped at  hour per week.
- Any updates exceeding the fair usage quota will be billed at R50 per hour, with a one-hour minimum charge, and then billed to the nearest 15 minutes. Any unused time cannot be rolled over to subsequent weeks.
- All rates provided in your agreement are for the work actually contemplated by the quoted agreement.
- In the event that additional work is required or requested beyond what is reasonably contemplated by the quoted agreement, the Client agrees to pay any additional charges for such unanticipated or requested work at an hourly rate or monthly fee mutually agreeable to both parties.
FAILURE TO PROVIDE REQUIRED WEBSITE CONTENT
- Sea-Waves Technology is a small business, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. On occasions, we may have to reject offers for other work and enquiries to ensure that your work is completed at the time arranged.
- This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time, your website deadline will be pushed out.
- Sea-Waves Technology shall use reasonable endeavours to provide continuing availability of the hosting server and the Services but Sea-Waves Technology shall not, in any event, be liable for service interruptions or downtime of the server.
- Sea-Waves Technology operates and provides hosting servers that are delivered as a managed service which are ordinarily restricted from Client access or third party access.
- Sea-Waves Technology does not ordinarily provide Clients or third parties with access to the hosting servers in any of the following methods or means; FTP, cPanel, WHM, Shell or via any other similar means or method. That if a Client formally requests and is provided access to their hosting server by Sea-Waves Technology, upon receipt of said request, via FTP or any hosting control panel, this will void any warranty or guarantee including the 1st Level Support provided by Sea-Waves Technology.
- Sea-Waves Technology will not be liable for any costs incurred, compensation for loss of earnings due to the unavailability of the site, servers, software or any material provided by its agents.
- Sea-Waves Technology has the right to remove your website from our servers within 3 months after your hosting or/and domain date expires. The Domain Name will be cancelled in the event of non-payment, which could then be purchased by another third-party person.
- Clients are limited to an available .ZA (co.za, org.za, net.za) Domain Name as part of your annual or monthly charge; other domain extensions will occur an extra fee. Please notify us in advance if you would like to use another domain extension other than .ZA.
- All Domain Names are legally owned by the Client. All Domain Name registrations are subject to availability and registration rules.
- If you would prefer to use your existing domain, you may transfer the domain to Sea-Waves Technology (if possible) however, Sea-Waves Technology will not pay any transfer fees, and these will be expected to be paid for by the Client.
- In the event that the Client already has a Domain Name and/or email address setup, which are then transferred to Sea-Waves Technology to manage, Sea-Waves Technology cannot be held responsible for any downtime or loss of data during this process. This could include items such as existing emails and contacts, existing calendar appointments, and existing 3rd party websites. Upon migration, there is no guarantee that any historic emails will be available. It is the Client’s responsibility to make the necessary arrangements to ensure a backup or archive is available to them after the transfer has been completed.
- Sea-Waves Technology will manage the Domain Name(s) on behalf of the Client unless the Client requests in writing that the Client manages their own domain(s) and payment of fees.
- The Client indemnifies Sea-Waves Technology against any loss or damage arising directly or indirectly from any failure of services related to domain renewals, registrations, Domain Name trademarks.
- For as long as you remain a Client, each .ZA Domain Name under our control will be automatically renewed by us annually, free of charge.
SEARCH ENGINE SUBMISSION
- Due to the infinite number of considerations that search engines use when determining a website’s ranking, Sea-Waves Technology cannot guarantee any particular placement. Acceptance by any search engine cannot be guaranteed and when a website is accepted, the time it takes to appear in search results varies from one search engine to another.
- Rankings will also vary as new websites are added. Sea-Waves Technology recommends that Clients use a professional SEO company and are happy to provide details of such companies, but accept no responsibility for their services.
- Sea-Waves Technology advises that regular, fresh content added to the website will help to improve the stability of rankings within search engines and the Client understands that regular, unique content plays an important part in the success of a website and failure to add unique content will lessen the impact of SEO services.
SECURITY & VIRUSES
- Sea-Waves Technology takes security very seriously of our Client, however, we cannot guarantee that websites will always be completely virus free or take liability for security attacks that affect your data or Services.
- The Client also holds the responsibility to keep their site secure, including their website username and password. If you believe your site is under attack or there is a security issue with your Services, please contact [email protected].
RIGHTS OF REFUSAL
- Sea-Waves Technology will not include in its designs, any text, images or other data which it deems to be immoral, offensive, obscene or illegal. All advertising material must conform to all standards laid down by all relevant advertising standards authorities.
- Sea-Waves Technology also reserves the right to refuse to include submitted material without giving reason. Any images and/or data that Sea-Waves Technology does include in all good faith, and then finds out that it contravenes these Terms and Conditions, the Client is obliged to allow Sea-Waves Technology to remove the contravention without hindrance, or penalty. Sea-Waves Technology is to be held in no way responsible for any such data being included.
- We reserve the right to change prices listed on our company websites, and the right to increase/decrease the number of resources given to plans at any time.
ZERO TOLERANCE SPAM POLICY
- We take a zero-tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and “double opt-in” will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
- Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or Usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
- Sea-Waves Technology reserves the right to require changes or disable as necessary any website, account, database, or other components that do not comply with its established policies or to make any such modifications in an emergency at its sole discretion.
- Sea-Waves Technology reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean-up fee. This cost of the clean-up fee is entirely at the discretion of Sea-Waves Technology.
INTELLECTUAL PROPERTY RIGHTS
- You acknowledge and agree that all Intellectual Property Rights in all creation files, working files, artwork and other documents provided by us in connection with the Services vest in us on its creation. For the avoidance of doubt, this does not include your Background IP or any licences (such as image licences).
- Sea-Waves Technology reserves all rights over working source files, databases and owns full ownership of the website and design. The Client will not have access to the Control Panel, Database or FTP, unless otherwise agreed to.
- Each party retains ownership of its Background IP and grants to the other party a non-exclusive, royalty-free licence as follows:
- for us, to the extent necessary to enable us to provide the Services, exercise our rights in accordance with the provisions of these Terms and Conditions and otherwise carry out our obligations under these Terms and Conditions, and
- for you only for the purpose and scope of the project, unless otherwise agreed in writing.
- If during the course of providing the Services we develop discover, or first reduce to practice a concept, product or process which is capable of being patented, then such concept, product or process will remain our property and you must not use or otherwise appropriate such property without first obtaining our written consent.
- To the extent permitted by applicable laws and for your benefit, we will, upon your request in writing procure the consent from the holder of any Moral Rights in the project.
- We may purchase rights to images that we use in providing the Services to you. Such images may be subject to a licence agreement between us and a third party that may restrict your use of those images. Please ask us if you would like to be given a copy of the terms of any such licence. Unless otherwise agreed in writing, we may at our discretion use images that have been used in providing the Services to you, with other Clients or on other works. If you require specific images, you may be required to pay an additional fee(s) for that use. Even if we agree to provide an image to you exclusively, we cannot guarantee that the image will not be used by other third parties who may have obtained these images from another party.
- Sea-Waves Technology may use any Artwork/design for its own promotion and portfolio use.
AGREEMENT NON EXCLUSIVITY
- The Client acknowledges that Sea-Waves Technology is providing Services to the Client on a non-exclusive basis and that Sea-Waves Technology may provide Services and products of the same or similar nature to any other party (provided that in doing so it does not breach privacy).
- Sea-Waves Technology shall be free to reproduce, use, disclose display exhibit, transmit, perform, create derivative works, and distribute any items unless specifically agreed otherwise. Further, Sea-Waves Technology shall be free to use any ideas concepts know-how or techniques acquired in the construction of sites for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and other items incorporating such information unless specifically agreed otherwise.
- Sea-Waves Technology retains the right to use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes, marketing materials, and portfolio. Where applicable the Client will be given any necessary credit for usage of the project elements.
WARRANTIES & LIABILITIES
- You warrant that all work and materials provided by you (including your Background IP) will be free and clear of all liens and encumbrances and may be lawfully used by us without infringing upon the rights of others including, and without limiting the generality of the foregoing, any copyright trade secret patent or trademark rights of any third party.
- You acknowledge that you have not relied on any advice, representation or warranty given by us in connection with the Services that is not expressly stated in this document.
- To the extent permitted by law, all warranties, conditions and representations by us are excluded. If a term is implied by law into this document and the law prohibits provisions in a contract excluding or modifying liability under that term, then it will be included this document. However, our liability for breach of such term will be limited, at our option, to one or more of the following:
- the supply of the Services again; or
- the payment of the cost of having the Services supplied again.
- If you are not happy with our Services, to the extent permitted by law we will not provide you with a refund, but supply you with the Services again within reason, until you are satisfied with the outcome.
- To the extent permitted by law, neither we nor any of our officers, employees, agents or related bodies corporate will be responsible or liable in any way (including for negligence) for any loss, damage, liability or costs incurred or sustained by you or claims made against you, and you agree not to make any claim against us, due to or arising out of our provision of the Services.
- Without limitation, we will under no circumstances be liable for any indirect or consequential losses, including loss of profits, loss of revenue and loss of business opportunity.
- You indemnify and hold us harmless in respect of any and all claims, loss or damage of any kind whatsoever (including legal costs and disbursements on a full indemnity basis), arising directly or indirectly out of:
- any act done by us in good faith and purportedly pursuant to a right granted to us under the provisions of this document
- any infringement by you of third-party Intellectual Property Rights, and/or
- any breach by you of any of the terms of this document.
- You the Client are solely responsible for maintaining the confidentiality of your password and account for your Website. You must take steps to ensure that others do not gain access to your password and account. (Our personnel will never ask you for your password).
- We do not guarantee that our Services will provide any specific results. In particular, and without limiting the foregoing, we make no guarantees, warranties or representations as to sales or revenue that may be achieved or that you will receive any new or increased numbers or Clients as a result of our Services.
- While we take reasonable steps to investigate the materials we recommend, we accept no responsibility for the performance or quality of materials or any consequential loss arising from their failure. The Client agrees not to hold Sea-Waves Technology responsible for any such loss or damage. Any claim against Sea-Waves Technology shall be limited to the relevant fee(s) paid by the Client.
- Sea-Waves Technology reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions.
- Sea-Waves Technology will ensure that any site or application will function correctly at the time of the website development and going “live” when viewed with the current versions of the following internet browsers; Microsoft Internet Explorer, Mozilla Firefox, Google Chrome and Apple Safari, unless otherwise agreed in writing.
- Any warranty or guarantee provided by Sea-Waves Technology for a website is conditional upon the website being hosted by Sea-Waves Technology on hosting servers run and operated by Sea-Waves Technology that have restricted access to the hosting server and/or the hosting control panel for the hosting server.
- Any warranty or guarantee provided by Sea-Waves Technology for a website is rendered null and void if the Client or any other third party accesses the website or the relevant website server via an FTP connection or hosting control panel.
- Sea-Waves Technology can offer no guarantee of correct function with all browser software in future releases of any internet browser. However, Sea-Waves Technology will modify the website (where possible) to cause the website to correctly function and/or correctly render in the changed version of an internet browser.
- Where any Client or agent or party acting for or on behalf of the Client acts on or in the website or system that causes disruption or error to the website or system, Sea-Waves Technology is not liable and the Client will be liable for any and all costs associated or incurred with fixing the error or disruption.
- Sea-Waves Technology is not responsible for the Client’s choice of Domain Name and the legal consequences that the domain name use could occur relating to the Trademark and Competition or South Africa’s governing laws.
- Sea-Waves Technology reserves the right to use the services of sub-contractors, agents and suppliers and any work, content, services and usage is bound by their Terms and Conditions.
- Sea-Waves Technology will not knowingly perform any actions to contravene these Terms and Conditions and the Client also agrees to be also bound.
- You may terminate your subscription to the Service at any time by notifying us through your account on the Website that you wish to terminate your subscription in which case termination will be effective at the end of the billing period which you have paid.
- We reserve the right to suspend Services immediately at any time and without liability if you breach these Terms and Conditions in any way.
- If you breach any term or condition of this document and fail to remedy such breach within 14 days of you receiving written notification from us indicating the breach and requiring its remedy then we may at our discretion treat this document as terminated, in which case we will retain the Intellectual Property Rights in the Services even if we had previously agreed to assign it.
- Termination due to a breach of this document by you does not in any way prejudice any of our rights including our right to receive payment for Services rendered.
- We also have the right to terminate the contract at any point if payment has not been received within 30 days after the due date of an invoice for any sum due in the contract.
- Any abuse of our staff in any medium or format will result in the suspension or termination of your Services.
- Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and contract and may be referred to appropriate law enforcement authorities.
ON-GOING SERVICE AND SUPPORT
- Hosting, technical maintenance, software updates and all general upkeep Services shall be provided by Sea-Waves Technology as standard and are included as part of the pay monthly fee. This means that we will maintain the health of your website by fixing any faults and update all of the software on your behalf.
- Sea-Waves Technology will take extensive measures to ensure that the Client does not experience any disruption of service, however, we cannot accept liability for disruption of service caused by factors that lie outside of our control.
- Website amendments such as changes to text, images and contact information shall be included as part of each package as stated in the package description. These inclusive amendments are subject to fair usage. If for whatever reason the Client’s use of this clause is excessive then Sea-Waves Technology has the right to evaluate the Client’s spend and amend the amount charged on their next billing cycle. Requests that fall outside of what is considered to be a basic amendment, such as new pages, re-branding or additional functionality will be treated as a bespoke auxiliary service and will be quoted and billed as such.
- In the event that a website fault occurs as the result of amendments made by the Client, a request may be made to Sea-Waves Technology to rectify the fault and will be quoted and billed based upon our standard agency fees.
- Although we create an admin area for all our Clients to make their own content changes, we can also add content for the Client. This is limited to a one-hour adjustment per week. The adjustments do not roll over month by month. We often complete adjustments within 48 hours but are by no means obligated to do so. As a general rule, please allow 3 days for work to be completed.
- Maintenance does not mean “eyes on the website” all the time and issues on the website still need to be reported to Sea-Waves Technology’s support team.
- Sea-Waves Technology shall be entitled to place accreditation, as a hyperlink, in the form, size and location as incorporated by Sea-Waves Technology on each page of the website.
- Sea-Waves Technology retains the right to reproduce, publish and display the website in Sea-Waves Technology’s portfolios and websites, in galleries, design periodicals and other media or exhibits for the purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the design in connection with such uses.
- All material considered confidential by either party shall be designated as confidential. Confidential Information shall not be disclosed to third parties and shall only use as needed to perform this Agreement.
- Confidential Information shall not include any information that is already known by the recipient, becomes publicly known through no fault of the recipient, or is received from a third party without a restriction on disclosure.
- Selecting and submitting “accept” on the electronic copy of the Terms and Conditions, submitting content through the Client Portal, making payment, or submitting information or documents to Sea-Waves Technology so that Sea-Waves Technology may perform Services for the Client, the same shall constitute an electronic signature as defined by South African Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002)
- Neither this document nor any rights or obligations of this document may be assigned or otherwise transferred by either party without the prior written permission of the other.
- If we do not act in relation to a breach by you of this document, this does not waive our right to act with respect to that or subsequent or similar breaches.
- Nothing stated in this document constitutes you and us as partners or creates the relationship of employer and employee, master and servant or principal and agent between the parties. Neither party shall have authority to make any statements, representations or commitments of any kind, or to take any action which shall be binding on the other party, except as expressly provided in this document or authorised in writing.
- If any provision of this document should be held to be invalid in any way or unenforceable, the remaining provisions must not in any way be affected or impaired. This document must be construed so as to most nearly give effect to the intent of the parties as it was originally executed.
- These Terms and Condions shall be governed by and subject to the laws of South Africa without regard to its rules concerning conflicts of law. The parties hereto irrevocably consent that all disputes which may arise out of or in connection with this Agreement or the Terms shall be subject to the exclusive jurisdiction of the courts of South Africa.
CHANGES TO THE TERMS OF SERVICES
- Sea-Waves Technology reserves the right to revise its policies at any time without notice.