The Website Owner, including subsidiaries and affiliates (Website or Website Owner or we or us or our) provides the information contained on this website or any of the pages comprising the website (website) to visitors (cumulatively referred to as you or your hereinafter) subject to the terms and conditions set out in these website terms and conditions and any other relevant terms and conditions, policies and notices which may be applicable to a specific section or module of this website.
2. Information on the Website
Whilst every effort is made to update the information contained on this website, neither the Website Owner nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) (information) and shall not be bound in any manner by any information contained on the website. the Website Owner reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this website at your own risk. If you find an error or omission at this site, please let us know.
3. Trade Marks
The trade marks, names, logos and service marks (collectively trade marks) displayed on this website are registered and unregistered trade marks of the Website Owner. Nothing contained on this website should be construed as granting any license or right to use any trade mark without the prior written permission of the Website Owner.
4. External Links
External links may be provided for your convenience, but they are beyond the control of the Website Owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of the Website Owner. Please contact us if you would like to link to this website or would like to request a link to your website.
5. Public Forums and User Submissions
The Website Owner is not responsible for any material submitted to the public areas by you (which include bulletin boards, hosted pages, chat rooms, or any other public area found on the website. Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by the Website Owner. The Website Owner reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to –
5.1 defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;
5.2 publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;
5.3 post or upload files that contain viruses, corrupted files or any other similar software or programmes that may damage the operation of the Website Owner’s and/or a third party’s computer system and/or network;
5.4 violate any copyright, trade mark, other applicable South African or international laws or intellectual property rights of the Website Owner or any other third party;
5.5 submit contents containing marketing or promotional material which is intended to solicit business.
6. Specific Use
You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, racially offensive, profane or violates any applicable law and you hereby indemnify the Website Owner against any loss, liability, damage or expense of whatever nature which the Website Owner or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.
The Website Owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the information contained on the website, your or your company’s personal information or material and information transmitted over our system.
8. Disclaimer of Liability.
The Website Owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company’s personal information or material and information transmitted over our system. In particular, neither the Website Owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
9. Use of the Website.
The Website Owner does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction. By accessing the website, you warrant and represent to the Website Owner that you are legally entitled to do so and to make use of information made available via the website.
10.1 Entire Agreement.
These website terms and conditions constitute the sole record of the agreement between you and the Website Owner in relation to your use of the website. Neither you nor the Website Owner shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the Website Owner in respect of your use of the website.
The Website Owner may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the current version) and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.
Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
No indulgence or extension of time which either you or the Website Owner may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
The Website Owner shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.
All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
11 Contracts and Payments
11.1 Contract Liability
Pro Web Design will honor any contracts on special offers as stated on any advertisement if:
The offer falls within the allocated period of time.
The offer specifications are equal to those found in such advertisement on electronic or printed media.
Please note that the following services are not included unless otherwise specified in any electronic or printed media advertisement:
Social Media Marketing
Text Content Creation
Images In Any Format
Company Logo Creation
Pro Web Design will not, under any circumstances, begin with a project or provide any services before the required payment and/or deposit has cleared into our account unless otherwise stated in any electronic or printed media advertisement or by prior written agreement.
Please be aware that the advertised times of completion for any project are subject to all relevant and required documentation being delivered by the client after the project confirmation, such as written content, images, company logo, social media accounts and any other kind of documentation deemed necessary to complete the project. Projects confirmation are only effective after the required payment and / or deposit has cleared into our account unless otherwise stated in any electronic or printed media advertisement or by prior written agreement.
The 30 Days Published Policy will only apply on the following scenarios unless a prior written agreement has been made:
Errors in the mainframe or database.
Minor paragraph modifications.
Image swapping and / or replacement.
General written content corrections.
Malfunction of website elements e.g. navigation menus, mistaken and/ or non functioning links, wrong and / or misplaced images, contact forms malfunctions, etc.
Overall errors in the finished project detected by the client/user.
The 30 Days Published Policy will not apply on the following scenarios unless a prior written agreement has been made:
Website overall redesign.
Page overall redesign.
New website elements creation, development and implementation e.g. slide shows, galleries, contact forms, written content, etc.
Pro Web Design reserves the right to decline any project(s) request based on its own criteria or if one or any of the afore mentioned requirements are not met.
11.3 Deposits and Refunds
All monies paid as deposit will be forfeited and Pro Web Design will be released of any prior commitment and / or any contract obligations, unless a prior written agreement has been made, if:
The client cancel the project once Pro Web Design has began with the project development at any stage and / or phase.
The project is abandoned for more than 60 natural days without any sort of communication from the client by any media postponing and / or delaying its completion.
Pro Web Design is unable to complete the project due to any errors and / or failures of services provided by any third party companies or lack of said services at all e.g. web hosting services, etc.
All monies paid as a deposit will be refunded if:
Pro Web Design is unable to complete the project when all the necessary requirements had been met by the client.
Pro Web Design is unable to fix any errors found within the 30 Days Publishing Policy criteria.
It exist any kind of written agreement stating a refund signed by all parties involved.
11.4 Balance on completed projects
The client is obliged to settle the balance within 48 hours after the project has been reviewed and published within, failure to do so will lead to the suspension, deactivation and/or unpublished of any completed projects/services and will only be activated once the payment is received.
Pro Web Design will remain the legal holder of unfinished and/or finished projects until those are fully paid for by the client.
In the event that the balance is not settled within the stipulated period of time Pro Web Design it is entitled to proceed with the deactivation and/or suspension of services and projects.
By accepting any agreement with Pro Web Design you undertake to have read and understood this terms and conditions.