ITSys Terms & Conditions
Website Design, Development & Hosting Terms & Conditions
ITSys Web Design (ITSys Developments) handles all client relationships with the utmost professionalism and we will strive to produce quality development to satisfy our clients’ requirements.
During development of your website, ITSys Developments will ensure that all company information and documentation known to be confidential or proprietary, or which is clearly marked as such will be held in confidence.
Website Design & Development Fees:
Upon sign-up ITSys Developments requires a min of 50% deposit before commencement of design work. During large projects there will be sub-payments required, as agreed upon, before commencement of the project. The design & development fees balance will be due upon completion of the project (whether the website is launched or not).
Once design & development have started, ITSys Developments reserves the right to charge the client for any work done in addition to the deposit payment received.
All content for design projects to be supplied by the client in electronic format. If additional content creation is required an additional quote will be provided for copywriting by our in-house copywriter. If additional photos are required, an additional quote for stock photos will be supplied.
Cancellation of Projects:
When any project is cancelled during development, ITSys Developments reserves the right to invoice for all design hours incurred, even if the project is not complete, and the client will be liable to settle the account.
A project deposit can only be refunded if written notification is received within 7 days and design or development work has not yet started.
Hosting & Domain fees:
ITSys applies a month-to-month agreement for all hosting services unless payment is received for a period in advance, which will then make the hosting agreement for that period. All monthly hosting fees are payable in advance by the 5th of every month. Annual domain fees are payable in advance on the anniversary of the domain registration. Hosting fees can be adjusted from time to time with inflation.
ITSys applies a 30 day
notice period for cancellation of any hosting packages. All outstanding fees are required to be setteld before teh account will be closed. Any hosting fees paid in advance will be seen as a contractual agreement to sign-up for hosting services for that period. Should a cancellation occur within that period all fees paid in advance will be forfeited on cancellation of service. No refunds will be provided for hosting fees paid in advance.
Our standard hosting package
allows for 10 email accounts at the domain, should more email accounts be required ITSys reserves the right to increase the monthly hosting service fee based on the change in requirements. Each email is allocated 500MB of server space. Should this be exceeded the client will be informed to move to a higher package that will offer more email space.
Emails are suggested to be backed-up by the client on their own device form time to time to avoid any loss of data for unforseen circumstances like harddrive crashes, server crashes, etc. ITSys will not be helpd responsible for the history of email data of any client. Once emails are downloaded, whether setup as POP or IMAP, it becomes the client's responsibility to keep bakcup records thereof. It is suggestd to setup emails as POP to automatically have backups on computers.
Listed Client Details:
The person from any business who does the initial sign up with ITSys Developments will be known as the listed client contact (registered email address). That person will be ndeemed to have entered into the contract with authority. No other email contact or person can request changes to website content or email passwords without requesting, it in writing, from the listed client contact. Multiple email account contacts are not allowed as to avoid conflicting requirements.
A domain transfer request has to be received from the main registered email address on the ITSys System and you need to specify to whom the domain will be transferred. A domain transfer will only be accepted if all outstanding fees on the account (design, hosting and domain fees) are settled.
Confirmation of any domain transfer needs to be received in writing via email from the email address of the person who requested the initial domian registration, irrespective of the person's position in the company or whether it is a partnership.
The following will not be considered as confirmation of a transfer request: a forwarded email, a copy of an email, a screenshot of a whatsapp.
ITSys does not get involved in
any client internal disagreements or irregularities. ITSys is an independant service provider and will only take instructions from the registered email assigned to the account. This includes contact detail changes, updates, email creations or deletions, as well as domain transfers.
If partners are unable to come to an agreement to transfer their domain, the domain will remain registered as is. ITSys strictly only allows the email contact on record (the initial person who requested the registration) to request any changes to a domain and the transfer thereof in writing via their email on record.
All instructions for website maintenance and updates during development, or once launced, are required to be received from the listed email contact, to ensure that updated will be made.
All Adwords campaigns are setup within the corporate profile of ITSys Developments. All intelligence and research used to create and grow any campaign, be it for 1-month or years, will remain the property of ITSys Developments. The monthly Google Ads and Facebook Ads management fee that is levied on a client's account is for the time (service) that ITSys Developments utilises to create and manage the campaign throughout each month. Monthly Google Ads or Facebook Ads fees are payable in advance by the 5th of every month, otherwise ITSys reserves the right to pause the campaign until payment is received. Even though a campaign is paused the invoiced fee will be due. ITSys requires a full calendar month notice no later than the 20th of the month for the following month in order to cancel any Ads Campaigns.
All information within an Ads campaign remains the intellectual property of ITSys Developments and is not transferable to clients at any stage. The Intelligence and experience that gets put into an Adwords Campaign has been built over years of managing a range of client accounts and the knowledge and understanding of working with Google Ads and Facebook Ads daily; this is the service we offer our clients, and the campaign structures and techniques that result in a successful campaign are proprietory. Monthly statistics on Ads campaign performance or spend will be gladly provided to the client upon request, provided that it is not in contention with the above terms.
Outstanding & Suspended Accounts:
All monthly services fees are payable monthly in advance. ITSys Developments reserves the right to suspend any domain that is overdue. A client will be considered to have relinquished their domain and hosting if their account is outstanding for 3 months or more, thereafter it will become the property of ITSys Developments until an arrangement can be agreed upon.
Errors on Website:
ITSys Developments will not be held responsible for any errors or ommissions on the client's website. Before launch the client will be supplied with a preview to review the website and once instruction is received to launch the website we accept that all content and features is in good order.
All design and development projects will be considered as complete upon launch of the website. Once a final preview has been provided to a client and according to our knowledge all requests have been met and no correspondence have been received from the client within 60 days, ITSys Developments will consider the project as finalised and will invoice for the balance of the design fee.
Liability on client webstie content or service offering:
ITSys Developments will not be liable
for any content displayed on a clients websites that weas developed by us. ITSys design & develop websites based on the content that is supplied by our clients. Once a website is launched its contetn and users become the property and liability of teh business represented within the website. ITSys has no stake or investment in websites or businesses designed & developed by ourselves. Should there be any misrepresentation of information, false service offering, fake products, any false statement of fact made by one party to another party, which has the effect of inducing that party into the contract, etc. - ITSys will not be liable as this information is not a representation of ITSys but was supplied by the client and represents the client's business and website. Any user who enters a website designed & developed by ITSys does so at their own will and ITSys will not have any civil or criminal liability as a result of a user's interaction with that specific website.
Use of Site:
You may only use this site to browse the content and make contact, and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchase. This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. ‘Deep-linking’, ’embedding’ or using analogous technology is strictly prohibited. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.
Disclaimer of Warranty:
The content of this site are provided “as is” without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement.
The owner of this site, the authors of this content and in general anybody connected to this site in any way, from now on collectively called “Providers”, assume no responsibility for errors or omissions within the content.
The Providers further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of the content. The Providers shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including -without limitation- data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if the Providers have been informed of the possibilities of such damages. The Providers cannot assume any obligation or responsibility.
The use of the content is forbidden in those places where the law does not allow this disclaimer to take full effect.
We reserve the right to:
- Modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
- Change these Conditions from time to time, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
- We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.
All the information gathered in the online forms on the website is used to personally identify users that subscribe to this service. The information will not be used for anything other than which is stated in the Terms & Conditions of use for this service. None of the information will be sold or made available to anyone.
The Site may collect certain information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access the Site; the pages that you access while at the Site and the Internet address of the Web site from which you linked directly to our site. This information is used to help improve the Site, analyse trends, and administer the Site.
The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.
Third Party Links:
In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).
The Conditions will be exclusively governed by and construed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.
Updating of these Terms and Conditions
We reserve the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
I understand that all the designs and trademarks are registered to ITSys and hereby accept the terms and conditions. I undertake not to copy/duplicate the trademarks and designs directly or indirectly in anyway and understand the legal implications thereof. Should I be found to be in violation of this agreement I understand that I will be held liable for all legal costs incurred by ITSys for any civil action or any legal action deemed necessary against me.