Terms & Conditions

Introduction

1. These Terms and Conditions govern the use of the services provided by AdWeb (PTY) LTD, The CLIENT agrees to comply with the contract signed.
2. The Client agrees to abide by all copyright notices unless otherwise permitted by AdWeb.
3. Services of AdWeb including but not limited to Website Design, Website Hosting, Search Engine Optimization, Graphic Design and Logo Design.
4. Any project or service will only commence once the deposit is paid, the signed project scope and contract have been received by AdWeb.
5. AdWeb reserves the right to assign subcontractors in whole or as part of a project if needed.

1. Data Collection and Privacy

1.1. AdWeb collects and processes personal information after users have visited our website. We collect information via website statistical analytics by Google Analytics by Google, Inc. which uses cookies that provide us better insights into users’ use of our website. We use this information to perform the requested services and do not distribute any personal information unless agreed upon by the CLIENT.

1.2. Information voluntarily provided by the client, which includes but is not limited to names, surnames, phone numbers, and email addresses in accordance with the current Data Protection Act and will be used to perform our services.

1.3. Any additional information unintentionally collected through tools like Google services is subject to our Privacy Policy.

1.4. AdWeb takes reasonable measures to protect CLIENT data and maintain security but does not assume responsibility for any breaches due to CLIENT negligence or third-party interference.

2. Nondisclosure

AdWeb will not at any time during or after the service is provided, unless agreed upon by the CLIENT or required by law, disclose any personal information. Similarly, the CLIENT agrees to this nondisclosure and will not reveal any confidential information about AdWeb to another party.

3. Payment and Billing

3.1. Only quotations signed by an authorized staff member of AdWeb will be binding. Quotations are valid for 30 (thirty) days.

3.2. Any additional work requested by the CLIENT that is not outlined in the agreed-upon quotation, is subject to a separate quotation and may affect the project timeline.

3.3. All projects will require a 50% (fifty percent) deposit payable in advance, excluding any package or ongoing services, which will be communicated and outlined in the quotation and contract. The remaining total balance will be due upon project/service completion prior to the full release of materials, project or service.

3.4. Cancellation and termination policies vary depending on the service provided and will be outlined in the contract. Deposits paid are non-refundable after work on a project has started, any other payments received for work not done (less time spent on the project) will be refunded within 5 (five) working days.

3.5. If the client chooses to pause progress or fails to provide timely feedback while the project is in progress, the client will be liable for a restart fee of R500 and the project timeline will be adjusted according to AdWeb’s availability.

3.6. The final payment must be made within 14 days of the project’s completion, late fees will be subject to a R500 penalty fee.

3.7. Payments are made by CLIENTS directly, through banking details provided by AdWeb. The CLIENT is responsible for the payments to be on time and into the provided account.

4. Review

4.1. The CLIENT will be provided with the opportunity to review and approve the service/project during and after completion. CLIENT review terms are subject to the conditions outlined in the contract.

4.2. The client has 7 days After project completion, to review the work and identify any defects, errors, or issues. This reporting period is essential to allow AdWeb to address and rectify any issues in a timely manner with no additional fees. After the (7) day period, any defects, errors, or issues that could have been resolved will be charged, unless otherwise agreed upon.

5. CLIENT Responsibilities

5.1. CLIENT agrees to provide all required information and content within the required time frame as requested by AdWeb to complete the project.

5.2. The CLIENT takes responsibility for all trademark, copyright, service mark, patent infringement clearances and any necessary legal clearance of materials AdWeb uses for this project. The CLIENT takes full responsibility for any loss or damage arising directly or indirectly from any unauthorized use of text, photographs, or other Intellectual property not under copyright ownership of the CLIENT.

5.3. The CLIENT agrees that the website/design may not exactly match the original design because of changes in display quality/size or the rendering of the internet browser software. AdWeb agrees to try and match the original design as closely as possible.

5.4. The CLIENT agrees to provide timely feedback, approvals, and necessary information to complete the project. Delays caused by the CLIENT may affect project timelines and costs.  AdWeb does not take responsibility for any delays caused by the CLIENT.

5.5. After project/service completion and full payment is received, the CLIENT or third party of their choosing may edit and make changes themselves. However, by doing so the CLIENT assumes full responsibility for any changes or issues that may occur. AdWeb then holds the right to charge/quote for any work/repairs needed, but will not be held liable.

5.6. The CLIENT agrees that they are responsible for performing regular backups upon project/service full competition unless otherwise agreed upon.

6. Web Browsers

6.1. AdWeb shall make reasonable efforts to ensure that the sites are compatible and functional with most current browsers. Clients agree that AdWeb cannot guarantee nor be held liable for changes or operational differences with all browser software.

6.2. CLIENT agrees that after project handover changes such as browser/software updates, domain name changes and hosting providers may affect the display and functionality of the project/service. If the CLIENT so requests, AdWeb may charge for any changes/updates needed.

7. Domain Names

7.1. AdWeb may purchase domain names and thereafter host said domains on behalf of the CLIENT unless otherwise requested/specified by the CLIENT.  All domain names purchased on behalf of the CLIENT are legally owned by the CLIENT.

7.2. All domain name registrations are subject to availability and registration rules.

7.3. The purchase of domain names is included in most web packages offered and will be specified in the contract, these domain names are non-refundable after purchase.

7.4. The transfer of domain names to and from AdWeb will be at no extra charge and will require the Client’s timely input and cooperation. AdWeb cannot be held liable for any fees or charges from other third parties or hosting providers. The CLIENT acknowledges that the transfer process requires all involved parties’ cooperation and delays could occur.

7.5. The CLIENT accepts that after the transfer is completed, changes to the website may occur and AdWeb will not be held liable.

7.6. If the CLIENT so chooses to renew the service, an annual renewal fee will be charged. The CLIENT will be notified via email 30 (thirty) days before the renewal date and will be expected to respond within 5 (five) business days with a payment or cancellation request. Response after the given time may result in a loss, cancellation or an extra charge. The loss, cancellation or otherwise of the domain due to late or no payment is not the responsibility of AdWeb.

7.7. AdWeb does not automatically renew any domain names unless requested and so agreed upon by the CLIENT.

8. Liabilities and warranty disclaimer

8.1. The CLIENT agrees that AdWeb will not be held liable for any failure to carry out services for reasons beyond its control including but not limited to software failure, telecommunication problems, hardware failure, acts of God, third-party interference, emergency on a major scale, Government, or any social disturbance of extreme nature such as riot, industrial strike, terrorism and war or any act or omission of any third-party services.

8.2. In the case of any such event, AdWeb will notify the CLIENT of any delays that might occur and make reasonable changes to the schedule or project timeline.

8.3. The CLIENT acknowledges and agrees that AdWeb shall not be held liable for the content, accuracy, legality, or appropriateness of any content provided by the CLIENT or any third party on behalf of the CLIENT. The CLIENT is solely responsible for the content they provide, including text, images, graphics, and any other digital assets.

8.4. While we aim for reliable services, AdWeb cannot guarantee error-free, uninterrupted service or that the contents stay current, accurate or complete. If the service provided is of a continuous nature and stipulated so in the contract, AdWeb will strive to maintain and or improve the content to the best of our ability promptly.

8.5. AdWeb cannot be held liable for any consequences or financial losses such as, but not limited to, loss of profit, revenue, business, data, contract or potential savings, relating to services provided.

8.6. In the case of website downtime due to server maintenance or external interference, the client will be notified and AdWeb will do everything we can to resolve the situation as soon as possible.

9. Interpretation

9.1. This contract is governed by the laws of South Africa, which shall claim venue and jurisdiction for any legal motion or claim arising from this contract. This contract is void where prohibited by law.

9.2. Any disputes will first be resolved through means of negotiations and arbitration where AdWeb will be the sole arbitrator. If negotiations are not successful within reasonable time and efforts from both parties, legal action may be pursued under the exclusive jurisdiction of the South African court as a last resort. All legal costs resulting from non-payment will be accrued to the Client’s outstanding balance

9.3. Note, that any illegal activity will result in the cancellation of services and may be required by law to be distributed to the authorities, in which case we may be required to disclose the CLIENT’s personal data.

9.4. By accepting a quotation or making a payment to use the services supplied by AdWeb, the CLIENT acknowledges and accepts the Terms and Conditions of this contract and agrees to be legally bound by these Terms and Conditions.

10. Ownership

10.1. AdWeb reserves full ownership of website, design, database and source files until full payment is received. In the case of continued use of AdWebs services stated in the contract via a chosen package or service, AdWeb retains full rights until service expiry, cancellation or transfer of rights to the CLIENT or third party.

10.2. AdWeb will not charge additional license fees on open-source software and will not be held liable for any loss or damages arising from unknowingly faulty software supplied to the CLIENT. AdWeb retains full rights to all purchased software used to perform and maintain the service or project and cannot assign any rights to the CLIENT.

10.3. Any designs or concepts not chosen by the client remain under the full ownership of AdWeb.

11. Termination and Suspension

11.1. In the case of the CLIENT breaching these terms and conditions, AdWeb may terminate this contract with immediate effect without prior notice. In this case, AdWeb will be the sole arbitrator and no refund will be provided.

11.2. Should any allegations regarding illegal activity on the website be brought to our attention, AdWeb will have the right to terminate the website with immediate effect. It will be the CLIENT’s responsibility to provide proof to AdWeb that the allegations are false before the website is reactivated. If the CLIENT fails to do so before the contract is due for renewal, the website will be removed from our servers.

11.3. The CLIENT may terminate the contract by providing 30 (thirty) days prior written notice and will be liable for all current, outstanding and final payments unless otherwise agreed upon.

11.4. All managed website hosting packages require the 3 (three) month contract period to be completed, if the CLIENT wishes to cancel this service before this period has ended, the CLIENT will be held responsible for the full-term payment.

11.5. AdWeb reserves the right to suspend CLIENTs’ accounts if the account goes over 10 (ten) working days and a reactivation fee of R250.00 will be charged along with the monthly back payments to reactive the account.

12. Hosting

12.1. AdWeb will only perform services pertaining to the package/service chosen by the CLIENT.

12.2. The CLIENT will be responsible for any overuse of provided resources due to website growth. The CLIENT will be notified when they have reached their service capacity and will be provided with suggestions and options to increase/improve their capacity and functionality. AdWeb can not be held liable for any loss or damage caused by the service reaching capacity.

12.3. In the case that the client uses the hosting services of a 3^rd party hosting provider, AdWeb does not take any responsibility for hosting services not provided by us. The client must provide AdWeb with the server, cPanel, FTP and/or database details to perform the requested service or project. All technical aspects of the website must be handled by the hosting provider. We will, however, request feedback from the hosting provider if needed and the client could be billed for additional time spent.

12.4. Payments are due on the 1st of each month, late payments may risk the deactivation of the Client’s website. Reactivation may be subject to a reactivation fee.

13. Emails

13.1. AdWeb provides several email accounts for all hosting packages offered. The number of email accounts and designated disk space available vary and will be stipulated in the contract.

13.2. CLIENTs can request additional accounts and disk space at an additional cost. AdWeb may also suggest different packages and services that may better suit the CLIENT’s needs.

13.3. We at AdWeb take spam offences very seriously and reserve the right to suspend the CLIENT’s account without prior notice if such accusations arise. The CLIENT will be notified after access restrictions have been implemented. In order to prevent further possible unauthorized activity, AdWeb will initiate an investigation (within 24-48 hours) during which the CLIENT will not be able to access the account. After the investigation, access will be reinstated in the case that the CLIENT was found not guilty.

14. Changes to Terms and Conditions

14.1. AdWeb holds the right to make changes to the Terms and Conditions at any time without prior notice. These terms and conditions can be found at www.AdWeb.co.za.

14.2. AdWeb will notify the CLIENT of any changes to these terms via the CLIENT’s preferred email. Clients are encouraged to review the updated terms. Continued use of our services constitutes acceptance of the updated terms.

14.3. If any provision of this contract is found to be invalid or unenforceable, the remainder of the contract will remain in full force and effect.

15. SEO

15.1. If SEO is requested or included in the package AdWeb will improve and optimize the service to the best of our ability but is subject to the service offered.

15.2. The CLIENT acknowledges that SEO takes time and ranking can take up to 6 (six) months before improvements are noticeable. The CLIENT accepts that SEO and ranking could be impacted and influenced by variables outside of our control, including but not limited to, the CLIENT’s business location, products, reviews, competing market, sales etc.

15.3. AdWeb strives to create pages that are search engine friendly, however, AdWeb cannot guarantee that the site will become listed with search engines or of certain search results. In no event shall AdWeb be held liable for any changes in search engine rankings.