Definition of Terms: Compu-Tweak CC, a sole proprietor business, located at 36 Naauwpoort, Witbank, 1038. Client: Person signing the agreement / member application form/s /on line application form / on line ordering / sponsorship agreement. ISP: Internet service provider. AGREEMENT: This agreement and its attachments(s) as listed below.
The above named CLIENT is engaging Compu-Tweak CC, as an independent contractor for the specific project of developing and/or improving a World Wide Web site to be installed on the CLIENT’S Web space located on an ISP’s computer. The CLIENT hereby authorizes Compu-Tweak CC to access this ISP account, and authorizes the ISP to provide Compu-Tweak CC with any necessary “write permission” for the CLIENT’s Web page directory, cgi-bin directory, and any other directories or programs that need to be accessed for this project. The CLIENT also authorizes Compu-Tweak CC to publicize its completed Web site to Web search engines, as well as other Web directories and indexes.The client also authorizes Compu-Tweak CC to suggest / supply an ISP to host the WWW.
Compu-Tweak CC represents and warrants to the CLIENT that it has the experience and ability to perform the services required by this AGREEMENT; that it will perform said services in a professional, competent and timely manner; that it has the power to enter into and perform this AGREEMENT; and that its performance of this agreement shall not infringe upon or violate the rights of any third party or violate any federal, state and municipal laws. However, CLIENT will not determine or exercise control as to general procedures or formats necessary to have these services met CLIENT’s satisfaction. The CLIENT represents and warrants to Compu-Tweak CC that it will provide CLIENT materials as required in a professional, competent, and timely manner.
Standard Web Site Products and Services – The standard Web site development as defined through Compu-Tweak CC is as follows:
Email/home consultation. (Initial planning/development consultation is free within a 20km Radius in and outside Witbank, 1038)
Text. Final text shall be supplied by the CLIENT in digital format within the time frame agreed upon or stipulated in this agreement. No text shall be Supplied / Generated / Google’d / or sourced by Compu-Tweak CC, this responsibility is solely the Clients. Also Refer to section Copyrights and Trademarks.
Links. Up to an average of 3 external links per page, and an e-mail response link on each Web page to any e-mail address the CLIENT designates.
Custom graphics. Company logo or other top-of-page graphic, bullets, lines, colored or textured background as well as two photos or graphics per page is included. Beyond the two photos or graphics per page, an extra charge will apply for scanning services, photography, and graphic design and modification. Unless all data is given in digital format.
Look and feel. A 4 step process is implemented by Compu-Tweak CC to create the look and feel that is desired for the website. Further revisions will be billed at the normal hourly rate of R460.00.
Minor updates and changes to existing Web page/s for two weeks from completion of Web site (includes up to a half-hour per page total, subject to the limits outlined below.) Completion date is when the website is made live/visible to the public, api development and implementation is not covered by minor updates and changes.
Listing to Google search engines. The top search engine used will be determined by Compu-Tweak CC. At no time does Compu-Tweak CC promise or imply that we guarantee CLIENT’s Web site a certain rating in the search engines.
Hosting is supplied free for the first 24 months to all CLIENT / s that design their Website with Compu-Tweak CC. This Excludes Annual Renewal Fees. After a 24 month period a standard hosting fee of R95.00 pm will be charged.
Email Access. Compu-Tweak CC gives full access to the CLIENT email/s through a client area provided to all clients, Compu-Tweak CC is in no way responsible for any loss of email/data/passwords this is solely the clients responsibility.
Domain name search and advice. If a domain name is needed for the Web site, Compu-Tweak CC will suggest appropriate names and do a search to ascertain the availability of those names. The determination of a domain name’s availability through the domain name registration group “Compu-Tweak cc” does not guarantee it will still be available at the time of registration.
Domain name registration or transfer. If needed Compu-Tweak CC will complete the necessary forms to register or transfer a domain with Compu-Tweak server as selected by the CLIENT. Although Compu-Tweak CC will submit forms to register a requested domain name in a timely fashion, Compu-Tweak CC does not guarantee the availability of any domain name. Website Designs transferred away from Compu-Tweak CC or Designs not hosted by Compu-Tweak CC will not have the benefit of minor updates during the first 12 months. Compu-Tweak CC will also not be held responsible for any irregularities. Irregularities include, but are not limited to, data loss, hacking, broken pages, broken stylesheets, weak page loading.
E-commerce Small Business / Corporate Designs / Directories. Compu-Tweak CC is in no way responsible to load CLIENTS products/events/categories/listings /post or any other custom post types. Compu-Tweak CC will design the functions needed for the CLIENT to run their own E-commerce / Corporate / Directory website design . Loading of custom post types such as but not limited to products/events/categories/listings /post / api’s will be billed at the normal hourly rate of R520.00. Compu-Tweak CC is in no way responsible for Third Party plugins used to add to the normal functions of e-commerce designs/websites that do not function as intended or advertised. Nor does Compu-Tweak CC take any responsibility for any loss of data/money/subscriptions.
E-commerce Large Business. Compu-Tweak CC gives the service of uploading of up to 400 Standard products without Variations onto the CLIENT’s website. All images must be supplied in clear visible format. Formats Accepted is jpg, png, pdf. All relevant information must also be supplied. Compu-Tweak CC will under no circumstances remove/download product data from other websites. Each Variation will be handled as one product upload.
WordPress. WordPress template designs is the sole property of Compu-Tweak CC and the distribution / copying or selling of said template design/s is prohibited.
Mobile Apps. We do not guarantee your app will be approved by Apple or Google Play. We reserve the right to refund you and decline to build your app. Because this is a manual process, there are no refunds for any reason after your app is designed/submitted. It is mandatory to host your Website on our servers as your App coding and design will be done and based according to your website, moving your website to a different host during design time will result in having to start from scratch with your App. Compu-Tweak CC takes no responsibility if the App functions and features stop working as a result of moving to a different host.
Information & Data. All information regarding Web site development must be submitted via the client portal (http://www.computweak.co.za/billing/clientarea.php) generated for the client. This procedure is of utmost importance. Information given to Compu-Tweak CC through Other means will not be accepted. Other means include but are not limited to, emails, Facebook messages, Whatsapp messages, text messages, printed or scanned documents.
Traffic & Site Visits. Compu-Tweak CC makes no claims to the amount of traffic or site visits a website receives. Although Compu-Tweak CC gives the tools to acquire decent traffic/ site visits, Compu-Tweak CC does not guarantee any amount of visits/traffic.
Fees: Compu-Tweak CC will execute this Web site design as specified by the CLIENT requirements as terms of this AGREEMENT and incorporated in their AGREEMENT. Unless specified otherwise in writing, this Web site includes up to 5 Web pages. Where custom graphic work (beyond the scope of the “custom Graphics” detailed above is requested, it will be billed at the hourly rate of R750.00. If / and when the CLIENT is more than 100km from Compu-Tweak CCs premises’ a further Charge of R 8.60 amount per/km (as determined by the office) will be charged for each visit/call-out within South Africa.
Maintenance: This AGREEMENT does not include our maintenance contract. Web page maintenance will be the responsibility of the CLIENT. If a maintenance service agreement is entered into between Compu-Tweak CC and the CLIENT an additional contract must be signed. However, this AGREEMENT does include minor modifications and corrections requested within a one-year period up to an average of one-half hour per month, including updating links and making minor changes to a sentence or paragraph. It does not include but is not limited to: removing nearly all the text from a page and replacing it with new text, creating of new pages, designing images, programming of new features, plugin/feature modifications. If the CLIENT or an agent other than Compu-Tweak CC attempts to update the CLIENT’s pages during this time, time to repair the Web pages will be assessed at the hourly rate of R520.00 and is not included as part of the modification time. A monthly fee as stipulated in application form will be charged for a period of two (2) years, this will exclude your annual renewal fees. Minor updates will be void if another agent other then Compu-Tweak CC works on the CLIENT website/s or if the website is not Hosted By Compu-Tweak CC or by a third party approved by Compu-Tweak CC.
Payment: All services agreed to in this AGREEMENT, shall be sold for the price specified but not limited to the on line application form or during on line checkout process. Payment shall be by cash/credit card or EFT, in SA RAND/USD, and made payable to “Compu-Tweak CC.” Deposits made to Compu-Tweak CC will only be reimbursed within 24 hours after payment was made. Under no other circumstances will deposits be reimbursed after a 24 hour period.
Payment Terms: Unless otherwise stated in this agreement, the following standard terms apply. A minimum deposit of eighty percent (80%) of the design cost and the total amount of hosting registration is required to commence work. The site will then be put on-line in maintenance mode for the CLIENT’s viewing. During this proofing stage, typographical errors, design changes, and other corrections will be made according to the instructions of the CLIENT. The yearly Web hosting time frame begins when the domain is registered. Payment for the site must be made in full before the site will be moved to the main directory of the CLIENT’s ISP. Listing of the site on Google’s search engines and directories will occur only after the final payment is made. Domain name will only be transferred/pointed or redirected once the 24 month payment plan has been paid in full. Full access to website will only be given once the full amount of the design has been settled. Full access include but not limited to, html/css/php coding, access to pages, access to third parties, plugins and theme settings. The website will not be moved/hosted on the CLIENT/S web hosting during Easy Pay terms (Payment Plan Option). This will only be allowed once the website design is payed in Full.
Website Completion Date and live on internet: Website will only go live once the CLIENT has given written consent and has made final payment unless the CLIENT entered into a monthly payment plan. Compu-Tweak CC and the CLIENT must work together to complete the Web site in a timely manner (Within a three (3) to four (4) working week period unless stated otherwise). Much of this depends on receiving the appropriate images and text from the CLIENT per agreed upon time line. Compu-Tweak CC agrees to work expeditiously to complete the Web site in a professional and timely fashion provided CLIENT supplies Compu-Tweak CC with the information as needed within the time period mentioned above, failing to do so could result in a delay in completion time. Compu-Tweak CC is in no way responsible for any spelling or grammar errors or the fixing thereof, from content supplied by the CLIENT. For all intense and purposes the design time/design period stops once the CLIENTS website is made live to the public. Compu-Tweak CC is in no way responsible for collecting CLIENT information needed for website development this is solely the CLIENT responsibility.
Annual renewal fees: Please note that you the CLIENT will have an annual renewal fee invoiced on the date that you the CLIENT entered into the contract with Compu-Tweak CC, this is a fee that is asked by .co.za (Uniform) to make sure which domains are active. Compu-Tweak CC is in no way responsible to pay this fee and is solely the responsibility of the CLIENT. Compu-Tweak CC can not guarantee that if the CLIENT does not pay their annual renewal on their domain that the domain will stay available for the CLIENT to register again. Annual renewal fees outstanding for more then 120 days may result in loss of current website design and data, website redesign fees will then be payable to redesign a website. Compu-Tweak CC does not keep backups of sites for more then 120 days of last annual renewal payment and is in no way responsible for any loss off (but not limited to), Domain name/s, Data, Website Design, Income Streams, Logos and images
Assignment of Project: Compu-Tweak CC reserves the right to assign subcontractors to this project to ensure the right fit for the job as well as on-time completion. Compu-Tweak CC will be responsible for the final results of the project.
Additional Expenses: CLIENT agrees to reimburse Compu-Tweak CC for any additional expenses necessary for the completion of the work. Examples would be but not limited to purchase of special fonts, stock photography, additional features, third party plugins etc. requested by the CLIENT.
Additional Services: Any revisions, additions or redesign CLIENT wishes Compu-Tweak CC to perform not specified in this document or past the time line requirements shall be considered “additional” and will require a separate payment structure.
Mass Mailing/Newsletters: We do not allow mass email marketing sites on our servers and no mass emailing of any kind whatsoever, including email newsletters, is allowed on our network. It doesn’t matter if it’s “opt-in email marketing”, we simply do not allow sites of that nature to be hosted on our network. Sites such as “safe lists” and “free email” are also strictly prohibited. We reserve the right to shutdown such sites without prior notice. Newsletter Campaigns must make use of third party companies such as Aweber. Compu-Tweak CC takes no responsibility regarding any matter arising regarding Mass mailing /Newsletters and supply no support regarding these matters.
Copyrights and Trademarks: The CLIENT represents to Compu-Tweak CC and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to Compu-Tweak CC for inclusion in Web pages 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 Compu-Tweak CC and its subcontractors from any claim or suit arising from the use of such elements furnished by the CLIENT.
Age: CLIENT certifies that he or she is at least 18 years of age.
Limited Liability: CLIENT hereby agrees that any material submitted for publication will not contain anything leading to an abusive or unethical use of the Web service. Abusive and unethical materials and uses include, but are not limited to, pornography, obscenity, and nudity, violations of privacy, computer viruses, any harassing and harmful material or use, any illegal activity, or material advocating illegal activity, and any infringement of privacy or libel. CLIENT hereby agrees to indemnify and hold harmless Compu-Tweak CC from any claim resulting from CLIENT’s publication of material or use of those materials. CLIENT hereby agrees to indemnify and hold harmless Compu-Tweak CC in any claim resulting from the submission of illegal materials. If Compu-Tweak CC shall acquire an internet Domain name on behalf of the CLIENT, then in such case CLIENT hereby waives any and all claims which it may have against Compu-Tweak CC, for any loss, damage, claim or expense arising out of or in relation to the registration of such domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain name from such directories or lists following the termination of the providing of this service by Compu-Tweak CC for any reason. Under no circumstances, including negligence, shall Compu-Tweak CC, its offices, agents, or anyone else involved in creating, producing, or distributing its services, be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use Compu-Tweak CC’s services; or that results from mistakes, omissions, interruptions, hacking, deletion, or loss of files or data, errors, defects, delays in operation, email account creation/ deletion or of performance, whether or not limited to acts of God, communication failure, theft, destruction, or unauthorized access to Compu-Tweak CC’s records programs, or services. CLIENT maintains sole responsibility for data backups and restoration. CLIENT hereby acknowledges that this paragraph shall apply to all content on Compu-Tweak CC’s services. Notwithstanding the above, CLIENT’s exclusive remedies for all damages, losses, and causes of actions whether in CONTRACT, tort including negligence, or otherwise, shall not exceed the aggregate rand amount that CLIENT paid during the term of this CONTRACT and any reasonable attorney’s fee and court costs.
Indemnification: CLIENT agrees that it shall defend, indemnify, save and hold Compu-Tweak CC harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorney’s fees, (“Liabilities”) asserted against Compu-Tweak CC, agents, its clients, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by CLIENT, it’s agents, employee, or assigns. CLIENT agrees to defend, indemnify and hold harmless Compu-Tweak CC against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed in connection with Compu-Tweak CC’s service, any material supplied by CLIENT infringing on the proprietary rights of a third party, copyright infringement, and any defective product which CLIENT has sold from the Web site Compu-Tweak CC has designed.
Laws Affecting Electronic Commerce: The CLIENT agrees that the CLIENT is solely responsible for complying with such laws, taxes, and tariffs, and will hold harmless, protect, and defend Compu-Tweak CC and its subcontractors from any claim, suit, penalty, tax, or tariff arising from the CLIENT’s use of Internet electronic commerce.
Copyright to Web Pages: Copyright to the finished, assembled work of Web pages produced by Compu-Tweak CC is owned by Compu-Tweak CC. Upon final payment of this CONTRACT, the CLIENT is assigned rights to use as a Web site the design, graphics, and text contained in the finished, assembled Web site. Rights to photos, graphics, source code, work-up files, and computer programs are specifically not transferred to the CLIENT, and remain the property of their respective owners. Compu-Tweak CC and its subcontractors retain the right to display graphics and other Web design elements as examples of their work in their respective portfolios. The CLIENT or any other 3rd party is not allowed to claim rights to Compu-Tweak CC’s design.
Sponsor of website: Any website/s sponsored by Compu-Tweak CC remains the sole property of Compu-Tweak CC and may not be used or duplicated without written consent from Compu-Tweak however the rights to the design can be purchased form Compu-Tweak CC.
Authorship Credit: Compu-Tweak CC includes a by-line and link on the bottom of their Web page establishing authorship credit. This by-line is upon agreement by both CLIENT and Compu-Tweak CC and must be removed at any time upon written request by Compu-Tweak CC and may only be removed with Compu-Tweak CC’s permission.
Non-Disclosure: Compu-Tweak CC, its employees, and subcontractors agree that, except as directed by CLIENT, it will not at any time during or after the term of this AGREEMENT disclose any Confidential Information to any person whatsoever.
Unethical Practice: Compu-Tweak CC, its employees, and subcontractors reserve the right to cancel work at any time when expected to make use of unethical practices. Unethical practices and uses include, but are not limited to, violations of privacy, computer viruses, unauthorized scraping, any harassing and harmful material or use, any illegal activity, or material advocating illegal activity, and any infringement of privacy or libel.
On Line Ordering: On line ordering of Compu-Tweak CC services is binding and counts as a legal signing of this AGREEMENT. On line ordering include but is not limited to, filling in the on line form, accepting a quote from Compu-Tweak CC, purchasing Compu-Tweak CC services on line using computweak.co.za website, first payment/deposit or installment made to Compu-Tweak CC.
Cancellation: In the event that work is postponed or canceled at the request of the CLIENT , Compu-Tweak CC shall have the right to bill pro-rata for work completed through the date of that request, while reserving all rights under this AGREEMENT. If additional payment is due, this shall be payable within thirty days of the CLIENT’s notification to stop work. In the event of cancellation, the CLIENT shall also pay any expenses incurred by Compu-Tweak CC and Compu-Tweak CC shall own all rights to the Work. The CLIENT shall assume responsibility for all collection of legal fees necessitated by default in payment.
Refunds: Deposits/payments made to Compu-Tweak CC will only be reimbursed within 24 hours after payment was made. Under no other circumstances will deposits be reimbursed after a 24 hour period. In Circumstances where Compu-Tweak CC sees fit to reimburse a CLIENT an AGREEMENT between Compu-Tweak CC and CLIENT will be entered into for refund of payment made by CLIENT, Compu-Tweak CC shall have the right to bill pro rata for work completed through the date of that request, while reserving all rights under this AGREEMENT, Monies paid to Client will be paid over a period of 90 – 120 days to the CLIENT, limited to said CLIENT bank account. Compu-Tweak CC will not be kept liable for any default in payments.
Payment of Fees: In order for Compu-Tweak CC to remain in business, payments must be made promptly. Invoices are due upon receipt. Delinquent bills will be assessed a 10% charge of total cost if payment is not received within 10 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 month of delinquency. Compu-Tweak CC reserves the right to remove Web pages from viewing on the Internet until final payment is made In case collection proves necessary, the CLIENT agrees to pay all fees incurred by that process. This AGREEMENT becomes effective once on line ordering has been placed and deposit/full amount paid. Compu-Tweak CC reserves the right to change these terms and conditions at any time without prior notice. In the event that any changes are made, the revised terms and conditions shall be posted on this website immediately. Please check the latest information posted herein to inform yourself of any changes. Regardless of the place of signing of this AGREEMENT, the CLIENT agrees that for purposes of venue, this AGREEMENT was entered into in Mpumalanga, eMalahleni, South Africa, and any dispute will be litigated or arbitrated in Mpumalanga, eMalahleni, South Africa. Please pay on time or earlier.