Terms & Conditions of Website Design & Maintenance Service
1.1 The Client engages Getafix IT Solutions, a sole proprietor, located at 27 Peet van der Merwe Street, Langenhovenpark, Bloemfontein, Free State as an independent contractor for the specific project of developing and/or improving and/or maintaining a world wide website to be installed on the Client’s web space on a web hosting service provider’s computer.
1.2 The Client hereby authorises Getafix IT Solutions to access the Client’s website, and authorises the web hosting service provider to provide Getafix IT Solutions with “write permission” for the Client’s webpage directory, cgi-bin directory and any other directories or programs which need to be accessed for this project.
1.3 The Client authorises Getafix IT Solutions to publicise its completed website to web search engines as well as other web directories and indexes.
2. Standard Website Package
2.1 The content of the website will be provided by the Client and executed as specified by the Client in the Website Planning Worksheet which forms part of this agreement and which is annexed hereto and marked Annexure “A”.
3. Web Hosting
3.1 The Client understands that all web hosting services require a separate contract with a web hosting service provider. The Client agrees that it is Getafix IT Solutions’s privilege to contract with a web hosting service provider of Getafix IT Solutions's choice which allows Getafix IT Solutions full access to the website and cgi-bin directory via FTP and/or via any other means.
4.1 Upon the date that Getafix IT Solutions have constructed the website in accordance with the Website Planning Worksheet the Client becomes liable to pay to Getafix IT Solutions a design fee, a page layout fee per webpage that the website contains, a web hosting setup fee and a domain registration.
4.2 In the event of the Client instructing Getafix IT Solutions to deviate from the Website Planning Worksheet as is meant in paragraph 9.2 read with paragraph 9.3 below, then, upon the date that Getafix IT Solutions have constructed the website in accordance with the amended Website Planning Worksheet the Client becomes liable to pay to Getafix IT Solutions the fees stipulated in 4.1 above as well as the agreed additional fees levied by Getafix IT Solutions for incorporating such deviation in constructing the Client’s website.
4.3 A monthly maintenance fee becomes due and payable to Getafix IT Solutions on the date that the website is uploaded on the web hosting service provider’s computer. This payment shall be regarded as an advance payment being made in respect of the following calendar month’s maintenance fee. Thereafter the monthly maintenance fee becomes due and payable to Getafix IT Solutions, monthly in advance, on or before 12 a.m., on the third to last day of the calendar month preceding the calendar month for which it is payable. The monthly maintenance fee includes the costs of the web hosting service provider, which may be subject to change without prior notification thereof to Getafix IT Solutions. Getafix IT Solutions will inform the Client of any such changes immediately after they occur and the Client agrees to pay any such elevated costs.
5. Payment of Fees
5.1 All fees that become due and payable to Getafix IT Solutions must be paid into the bank account of CM van der Westhuizen, First National Bank, Cheque Account Number: 6205 4817 188, Brandwag branch code: 230534.
5.2 Payment of fees must be made promptly. Delinquent bills will be assessed a 10% charge if payment is not received within 7 days of the due date. If an amount remains delinquent 30 days after its due date an additional 10% penalty will be added for each calendar month of delinquency.
5.3 Advertising the website to web search engines and updating webpages occur only after full payment of fees is made.
5.4 Getafix IT Solutions reserves the right to remove webpages from viewing on the world wide web until payment of all outstanding fees are received.
5.5 In case Getafix IT Solutions appoints collection agents and/or attorneys to collect outstanding fees from the Client, the Client agrees to pay all fees incurred by that process on the scale as between attorney and client.
6.1 Getafix IT Solutions does not warrant that the functions contained in these webpages or the world wide website will meet the Client’s requirements or that the operation of the website will be uninterrupted and/or error-free. The entire risk as to the quality and performance of the webpages and website is with the Client.
6.2 In no event will Getafix IT Solutions be liable to the Client or any third party for any damages, including any loss of profits, loss of savings or other incidental, consequential or special damages arising from the operation of or inability to operate these webpages or website, despite Getafix IT Solutions being advised of the possibility of such damages.
6.3 If any provision of this agreement be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
7. Copyrights & Trademarks
7.1 The Client represents to Getafix IT Solutions and unconditionally guarantees that any elements of text, graphics, photo’s, designs, trademarks or other artwork furnished to Getafix IT Solutions for inclusion in webpages are owned by the Client, or that the Client has permission from the rightful owner to use each of these elements and will hold harmless, protect and defend Getafix IT Solutions and its subcontractors from any claim or suit arising from the use of such elements furnished by the Client.
8. Copyright to Webpages
8.1 Copyright to the finished assembled work of webpages produced by Getafix IT Solutions is owned by Getafix IT Solutions. Upon final payment of this contract, the Client is assigned rights to use as a website the design, graphics and text contained in the finished assembled website.
8.2 Rights to photo’s, graphics, source code, work-up files and computer programs are specifically not transferred to the Client and remain the property of their respective owners. Getafix IT Solutions and its subcontractors retain the right to display graphics and other web design elements as examples of their work in their respective portfolios.
9. Sole Agreement
9.1 The agreement contained in this contract and the Website Planning Worksheet constitutes the sole agreement between Getafix IT Solutions and the Client regarding this website.
9.2 The Client, however, may instruct Getafix IT Solutions to deviate from the Website Planning Worksheet. Such instruction will only be accepted by Getafix IT Solutions if the instruction is made in writing, signed, dated and delivered to Getafix IT Solutions together with the Client’s acceptance of liability for payment of any additional fees that Getafix IT Solutions may levy for incorporating such deviation in constructing the Client’s website.
9.3 Upon Getafix IT Solutions receiving the written, signed and dated instruction and acceptance of liability for payment of additional fees (if any) as is meant in paragraph 8.2 above, it will be attached to this agreement and henceforth be regarded as a valid amendment to the Website Planning Worksheet and Getafix IT Solutions’s fees.
10.1 This contract may be cancelled by either party with no less than one calendar month’s written notice of cancellation. No party needs to provide any reasons for such cancellation.
11.1 The Client chooses as his/her domicilium citandi et executandi with regard to this agreement the physical address provided on the first page hereof and Getafix IT Solutions chooses as such the physical address provided in paragraph 1.1 hereof. Either party may change his/her domicilum address with one week’s written notice, containing complete details of his/her new domicilium address, to the other party.
12.1 Headings of paragraphs in this agreement only serve the purpose of convenient referencing and shall not be interpreted so as to limit the scope and meaning of the contents of any of the paragraphs contained herein.
12.2 The written notices referred to in paragraphs 10.1 and 11.1 above may be sent by either party via e-mail. The Client chooses the e-mail address provided by him on
the first page hereof for this purpose and Getafix IT Solutions chooses as such the e-mail address provided in paragraph 2.2 above. Either party may change his/her e-mail
address with immediate notification, containing the new details thereof, to the other party