The following errors were found :
Terms and Conditions:
- Payment:
Payment is to be made between the 6th and 10th of each month for monthly services delivered.
- Non-disclosure:
Ons Plek Bemarking hereby guarantees the client with complete confidentiality and privacy, including any and all login details and card details. Any breach of this is considered irregular and is grounds for terminating services. The client may also request access details to their website, social media accounts and other accounts in writing at any point during the services. All work done on the website or social media accounts belong to the clients.
- Access to accounts:
For monthly services: the client agrees that OP Bemarking and the agent assigned to them have access to the website. Ons Plek Bemarking agrees to keep this information confidential and private, and any infringement upon this is grounds for termination.
- Initial 3-month trial
For monthly services: the client agrees to this contract with Ons Plek Bemarking for three months, after which the agreement can be seen as a continuation unless either party cancels it before the start of the next month.
- Additional Time & Work (Repudiation, Loss Of Amenity & quantifiable losses):
The usual standalone rate for work will start from R250-00 per hour unless agreed with the client otherwise. If a change in scope or schedule is required, the client must provide notice including a detailed description in writing of the proposed changes to OP Bemarking. Upon receipt of such notice, Ons Plek Bemarking will provide a response within 7 days explaining:
- Reason for refusal; or
- Adjusted Price and Schedule for the changes
Ons Plek Bemarking is under no obligation to accept any change in scope from this contract. If the client has not agreed to an hourly rate in addition to the payment made. If an estimate is provided, parties will negotiate in good faith to come to a decision to revise the project based on the changed scope, or to negotiate a separate agreement as appropriate.
If any work is carried out by Ons Plek Bemarking that is outside of the agreed scope of the project or service carried out by Ons Plek Bemarking, then OP Bemarking will charge R250-00 per hour for any additional time worked that has not been paid for.
- Late Payments
Ons Plek Bemarking will not provide any credit for work or speculative work on projects less than R1000-00. Any work completed outside the agreed package and not paid for will be invoiced by Ons Plek Bemarking.
- Legal Jurisdiction
If at any time a client or Ons Plek Bemarking, feels it necessary to take matters or disputes to the legal system, Ons Plek Bemarking may freeze all services, communications, and transactions with the client until the case has been decided.
Ons Plek Bemarking is not responsible for any presumed lost profits, work stoppages, or email communications with customers of clients during this time.
In such event, Ons Plek Bemarking will immediately hand over all usernames and passwords to the client to enable the client to continue with the services provided by Ons Plek Bemarking as per this agreemement.
- Abandonment Clause
Please note that if you, the client, fail to respond to telephone calls, WhatsApp messages or emails or provide the materials/access necessary to complete the website or project for a period of 30 days or more, after the total agreed timescale for the completion of the project, the project is considered abandoned and is closed.
At which point if you, our client, wishes to re-open an abandoned project, an administrative fee will be charged calculated depending on the scale & scope of the project. And a new timetable will be agreed.
If a project is considered abandoned for more than 6 calendar months then it will be considered completely closed. During this time, no refund will be given.
- Intellectual Rights
Please note nothing that you give us to use on the website or social media should violate any of the laws of the Republic of South Africa, or the respective countries your websites are hosted in.
You guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in and on the website are either owned by yourselves, or that you have permission to use them. Once the project is complete, copyright is automatically assigned as follows:
You own the graphics and other visual elements that we create for you for this project. You will have a copy of all files in the form of your website. We are not required to keep them or provide any native source files that we used in making them.
You also own text content, photographs and other data you provided, unless you have permission to use them, of which proof will be required.
- Notices
All notices / communications shall be sent to OP Bemarking by email cornelia@onsplek.co.za or via WhatsApp communication. Such notice will be deemed received only once an acknowledgement email from Ons Plek Bemarking has been received by the Customer in response.