GENERAL
Anyone who uses or accesses this site is bound by the terms of this Agreement. All those who do not wish to be bound by it or do not assent to the terms herein do not have permission to access this Web site.
Use of this site in a manner or for a purpose not expressly authorised by this Agreement is strictly prohibited.
You are requested to read these terms and conditions ("Terms") carefully before you use the services of this site. By using the Site, you agree to follow and be bound by the following terms and conditions concerning your use of the Site. WebPhase may revise these terms at any time without notice to you.
Nothing in this Agreement shall be deemed to constitute a partnership or agency relationship between the Parties and neither of the Parties shall do or suffer to be done anything whereby it may be represented as a partner or agent of the other party.
NONEXCLUSIVE LICENSE
WebPhase hereby grants you a non-exclusive license to use its content and services. You may not modify, translate, or create derivative works based on the content and / or services, or permit other individuals to so.
All content and services present on this site is the exclusive property of WebPhase.
Title, ownership rights, and intellectual property rights in and to the content and services and content shall remain with WebPhase. All copyrights, trademarks, service marks and other intellectual property rights (collectively referred to as the “Content”), is the property of WebPhase and is protected by intellectual property laws and international intellectual property treaties. This license gives you no rights to such content.
RESPONSIBILITY
WebPhase and its affiliates will not be held responsible for changes in any search engine which effect the services offered by WebPhase, its performance or functionality.
The customer agrees to verify the changes, and render WebPhase harmless from any consequential or direct damages due to a malfunction of the software.
CLIENT
The client will co-operate with and act in good faith towards WebPhase and, on request, undertake such acts and provide such source materials (including those listed in the sales agreements or other communication) as WebPhase are to incorporate into the works, or as WebPhase requires to carry out its obligations.
In the event that the client does not undertake those acts or provide those materials required within a reasonable time of being requested to do so, including without limitation carrying out any changes, modifications or optimisations to client's web site or other materials as requested, recommended or required by WebPhase, WebPhase shall be entitled to invoice for the remaining works as if client had done so whether such are provided or not.
PAYMENT
Invoices shall be issued in accordance with the sales agreement. No works will be commenced until initial payments have been received. The client shall pay WebPhase the fees without deduction. WebPhase shall be entitled to withhold or suspend the works until such time as it receives the fees or other payments due.
WebPhase shall be entitled to charge interest on any overdue payment at the rate of 3% over the prevailing prime interest rate in South Africa at the time and shall be entitled to such reasonable costs as it incurs in the collection of such overdue payments.
WebPhase may charge additional Fees in accordance with its then prevailing rates:
- in the event of delays or additional works caused or required by the client including its failure to provide WebPhase with such information, materials, instructions, media or approvals, as are reasonably required for the supply of the works, properly and / or on time.
- in the event of changes to the cost of labour, materials, services and other circumstances outside of WebPhase's reasonable control.
- if the client requires any change or alteration to the works.
Until any change is formally agreed between the client and WebPhase, WebPhase will continue to perform and be paid for the works as if the change had not been proposed.
In the event that the works include pay-per-click or other search engine placement services which require the payments to third parties and are agreed with the client prior to their implementation, the client shall reimburse and indemnify WebPhase for any out of pocket expenses incurred by it in supplying the same.
INSPECTION AND ACCEPTANCE
The client shall inspect the works regularly and shall inform WebPhase immediately if it wishes to reject any part of the works because such are defective in material and workmanship.
If the works do not comply with the proposal or are defective in material and workmanship WebPhase‘s liability shall be limited to correcting such defects within a reasonable time.
The client shall only be entitled to reject the works because such do not comply with the proposal or are defective in material and workmanship and if they are not rejected within 48 hours of delivery then the client shall be deemed to accept the works. Rejection without good reason shall be deemed a breach of these terms.
DISLAIMER OF WARRANTIES
This site, its content and all services provided by WebPhase are provided on an "as is" basis. Use of any content and services are at user’s sole risk. WebPhase disclaims warranties of any kind, express or implied, including but not limited to implied warranties of performance, merchantability, fitness for a particular purpose or accuracy, or implied warranties arising from course of performance or course of conduct and we disclaim any warranty regarding the availability, accuracy or content of the site, services, and/ or information, products or services available through the site and/or services, or any economic benefit you may gain from use of the site and/or services.
LIMITATION OF LIABILITY
WebPhase and its agents will not be liable to user or any third-party claimant for any direct, indirect, special, punitive, consequential, or incidental damages, whether based on a claim or action of contract, warranty, negligence, strict liability, or other tort, breach of any statutory duty, indemnity or contribution, or otherwise, even if WebPhase has been advised of the possibility of such damages.
