TERMS AND CONDITIONS
We wish to welcome you as a client at Digibit Technology Solutions.
Your web and social presence are important to us and we will guide and advise you in the do and don’ts of the Internet. We strive to empower you to make the most of your online presence.
HOW TO START
1. All clients requiring hosting services must complete a domain form and send it back before any work can commence.
2. All hosting fees are payable via debit order (kindly refer to clause 9 and 22 below).
3. Once the domain form is received, alternatively, at acceptance of quotation for website development, a 60% deposit must be paid before any work will commence and is nonrefundable in case of cancellation.
4. The client will be responsible for all content writing and supplying of high-resolution photos for the website. No development will start until all website content has been received. Please note that we do offer content writing at an additional cost.
5. Upon receipt of a deposit and website content, a draft will be provided to the client for consideration, proof read and or approval within 7 days from date of receipt thereof. It is the responsibility of the client to ensure that all content is correct and accurate.
6. Once the final approval has been received, alternatively, in the absence of a response within 7days from date of the draft submission, the work conducted by Digibit will be considered as finalized and rendered.
7. A final invoice for the 40% balance will be rendered to the client for payment. Please note that no website will go live without the domain form, hosting debit order authorization (where applicable), and payment of the outstanding fees.
8. Please note that once the website has been finally approved, or gone live, subject to the requirements set out in clause 7 above, Digibit will not be responsible for any further website updates or changes. Any updates required by the client after the initial approval will be billed separately at a hourly tariff to be quoted beforehand.
9. The debit order, where applicable, will commence on the day that these terms and conditions are accepted, and will reflect on your bank statement as DIGITBIT. If the debit order is unsuccessful for any reason whatsoever, the client will be immediately notified of same and ensure that the outstanding payment is done within 7 days thereof. Should payment remain outstanding for a period longer than 30 days from date of notification of the default payment, the client grants Digibit the authority to shut down the website and all of its functionality until such time that all outstanding payments have been made. Kindly refer to clause 14 in this regard.
10. Cancellation or transfer of a domain is subject to a 30-calendar day notice period.
11. OTHER TERMS AND CONDITIONS OF USE
11.1 Digibit establishes build and host websites. The terms and conditions described herein governs your agreement with Digibit
11.2 By accessing, utilizing and subscribing for the Website and/or acquiring any Products and/or using any Services, the Client agrees that he/she read, understands and agrees to be bound by these Terms and Conditions.
11.3 The content of these Terms and Conditions is proprietary to Digibit. As such, the Client may not access, display, use, download, and/or otherwise copy or distribute content obtained in these Terms and Conditions and/or the Website and accompanying uniform resource locator on which they are located, for any purposes whatsoever without the prior written consent of Digibit
12. CONTRACTUAL CAPACITY TO ACT
12.1 The Client warrants that he/she is at least 18 (eighteen) years of age, or possesses legal parental or guardian consent, and has the necessary contractual and mental capacity to enter into and be bound by these Terms and Conditions.
12.2 Where the Client acts on behalf of a juristic person, the Client agrees to bind himself/herself as surety and co-principal debtor with such juristic person for the due performance of the juristic person’s obligations in terms of these Terms and Conditions.
12.3 Notwithstanding the aforegoing, the Client (in the event that he/she acts on behalf of a juristic person) warrants that he/she has the necessary authority and capacity to enter into and bind the juristic person to these Terms and Conditions.
13.1 Digibit may, in its sole and absolute discretion, undertake such vetting processes as it deems reasonably necessary and/or desirable.
13.2 Such vetting process may include a credit check conducted through one or more credit bureaus. To this extent, the Client consents to such credit check, in the manner envisaged in section 68 of the National Credit Act.
Without limiting other remedies, Digibit may (in its sole discretion) either immediately issue a warning, temporarily suspend, indefinitely suspend or terminate the Clients registered domain and Website and/or refuse to provide the Domain to the Client: (i) if the Client breaches any provision of these Terms and Conditions; (ii) if Digibit is unable to verify or authenticate any information the Client provides to Digibit; or (iii) if Digibit believes that the Client’s actions may cause legal liability for the Client, Digibit, other Clients of Digibit or other third-party business affiliates.
15.1 In addition to any other indemnities already provided for in these Terms and Conditions, the Client hereby indemnifies (on demand and on a rand for rand basis) and holds Digibit and each of the Company Parties harmless from and against any and all claims, damages, obligations, losses (whether direct, indirect or consequential), liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) any breach by the Client of any of any provision of these Terms and Conditions (ii) any violation by the Client of any third party rights, including without limitation any copyright, trade mark, trade secret or other property, or privacy right; or (iii) any claim that the Client’s Content caused damage to a third party; or (iv) any use or alleged use of the Website or Domain under the Client’s password by any person, whether or not authorised by the Client or not.
15.2 This defense and indemnification obligation as provided for in this clause 15 will survive termination, modification or expiration of these Terms and Conditions and the Client’s use of the Domain and Website.
15.3 In all instances where an indemnity is provided in these Terms and Conditions, Digibit reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Client, and in such case, the Client agrees to cooperate with Digibit’s defense of such claim.
16. DISCLAIMER OF WARRANTIES
Digibit provides no warranties (whether expressed or implied) in respect of the Domain of the Clients Website. Digibit does not warrant that the Service will meet the Client’s requirements or be uninterrupted, timely, secure or error-free. Without limiting any provision herein, Digibit makes no warranty that any particular computer system configuration will be compatible with the domain and Website. It is the Client’s sole responsibility to ensure that his/her computer system has the recommended hardware, operating software, and internet browser software versions to achieve the domain’s full functionality and capabilities.
17. LIMITATION OF LIABILITY.
17.1 The limitation of liability contained in this clause 17 applies to any damages or injury caused by or resulting from the Client’s use of the Website and the Domain (including but not limited to any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of any record, whether for breach of contract, in delict, negligence, or under any other cause of action). The Client specifically acknowledges that Digibit is not liable for the defamatory, offensive or illegal conduct of third parties and that the risk of injury from the foregoing rests entirely with the Client.
17.2 Neither Digibit nor their respective agents shall be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to access or use the Domain and Website, and accordingly indemnifies Digibit (on demand and on a rand for rand basis) against any claims arising out of any such claims.
18. UPDATING OF THESE TERMS AND CONDITIONS
18.1 Digibit reserves the right to change, modify, add or remove portions or the whole of the Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted on the Website.
18.2 It is the Client’s responsibility to periodically review these Terms and Conditions on the Website for changes or updates.
18.3 The Client’s continued use of the Website and Domain following the posting of changes or updates to these Terms and Conditions will be considered notice of the Client’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
19. GOVERNING LAW
19.1 These Terms and Conditions shall be governed by the laws of the Republic of South Africa and the Client consents to the jurisdiction of any High Court with jurisdiction for purposes of resolving any dispute in connection with the use of Website and Domain. Failure by Digibit to exercise or enforce any right, remedy or provision in or arising from these Terms and Conditions shall not constitute a waiver of such right, remedy or provision,
19.2 If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect.
19.3 These Terms and Conditions and the other policies, if applicable, posted by Digibit on its Website constitute the entire agreement between Digibit and the Client with regard to the use of the Client’s Content, Website and Domain.
20. THIRD PARTIES
20.1 Digibit may, if applicable, make use of third parties in the delivery of the Products and Services.
20.2 Consequently, no provision contained in these Terms and Conditions should be construed as placing an obligation on Digibit to render the Products and Services (or any matter or thing ancillary or related thereto) personally.
20.3 Digibit is expressly entitled and authorised to cede, assign and/or delegate any obligation as arises from a contractual relationship entered into with the client to an appropriate third party (as determined by Digibit acting in its sole, absolute and unfettered discretion) as deemed fit and/or expedient by Digibit. The Client may not transfer, cede or assign any right or obligation as arises from a contractual relationship entered into with Digibit without Digibit’s prior written consent.
21. CONSUMER PROTECTION ACT AND ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT
If these Terms and Conditions and/or the Website and/or the Domain is regulated by the Consumer Protection Act, 68 of 2008 (“CPA”) or the Electronic Communications and Transactions Act, 25 of 2002 (“ECTA”), it is not intended that any provision of these Terms and Conditions contravenes any provision of the CPA or ECTA. Therefore, all provisions of these Terms and Conditions must be treated as being qualified, to the extent necessary, to ensure that the provisions of the CPA and ECTA are complied with.
22. AUTHORITY TO DEBIT
This signed Authority and Mandate refers to our contract as dated as on signature hereof (“the Agreement” . I / We hereby authorise you to issue and deliver payment instructions to the bank for collection against my / our above mentioned account at my / our above mentioned bank (or any other bank or branch to which I / We may transfer my / our account on condition that the sum of such payment instructions will never exceed my / our obligations as agreed to in the Agreement, and commencing on the commencement date and continuing until this Authority and Mandate is terminated by me / us by giving you notice in writing of no less than 30 ordinary working days.
The individual payment instructions so authorised to be issued must be issued and delivered as follows i. On the last day (“payment day” of each and every month commencing on the day the website goes live. In the event that the payment day falls on a Saturday, Sunday or recognized South African public holiday, the payment day will automatically be the very next ordinary business day. Further, if there are insufficient funds in the nominated account to meet the obligation, you are entitled to track my account and re-present the instruction for payment as soon as sufficient funds are available in my account;
I / We understand that the withdrawals hereby authorised will be processed through a computerized system provided by the South African Banks and I also understand that details of each withdrawal will be printed on my bank statement. Each transaction will contain a number, which must be included in the said payment instruction and if provided to you should enable you to identify the Agreement. A payment reference is added to this form before the issuing of any payment instruction. I / We shall not be entitled to any refund of amounts which you have withdrawn while this authority was in force, if such amounts were legally owing to you.
MANDATE I / We acknowledge that all payment instructions issued by you shall be treated by my/our above-mentioned bank as if the instructions had been issued by me/us personally.
CANCELLATION I / We agree that although this Authority and Mandate may be cancelled by me / us, such cancellation will not cancel the Agreement. I / We shall not be entitled to any refund of amounts which you have withdrawn while this authority was in force, if such amounts were legally owing to you. Cancellation has to be submitted 30 days in advance.
ASSIGNMENT I / We acknowledge that this Authority and Mandate has been ceded to Sage Netcash (Pty Ltd as per your agreement with Sage Netcash (Pty Ltd, but in the absence of such assignment of the Agreement, this Authority and Mandate will be null and void.