Terms and Conditions for Terabyte Technologies
Introduction
These Website Standard Terms and Conditions written on this webpage shall manage your use of our website, Terabyte Designs accessible at https://terabytedesigns.co.za.
These Terms will be applied fully and affect to your use of this Website. By using this Website, you agreed to accept all terms and conditions written in here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions.
Minors or people below 18 years old are not allowed to use this Website.
Intellectual Property Rights
Other than the content you own, under these Terms, Terabyte Technologies and/or its licensors own all the intellectual property rights and materials contained in this Website.
You are granted limited license only for purposes of viewing the material contained on this Website.
Restrictions
You are specifically restricted from all of the following:
- publishing any Website material in any other media;
- selling, sublicensing and/or otherwise commercializing any Website material;
- publicly performing and/or showing any Website material;
- using this Website in any way that is or may be damaging to this Website;
- using this Website in any way that impacts user access to this Website;
- using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
- using this Website to engage in any advertising or marketing.
Certain areas of this Website are restricted from being access by you and Terabyte Technologies may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.
Your Content
In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant Terabyte Technologies a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be invading any third-party’s rights. Terabyte Technologies reserves the right to remove any of Your Content from this Website at any time without notice.
No warranties
This Website is provided “as is,” with all faults, and Terabyte Technologies express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.
Limitation of liability
In no event shall Terabyte Technologies, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. Terabyte Technologies, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
Indemnification
You hereby indemnify to the fullest extent Terabyte Technologies from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.
Severability
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
Variation of Terms
Terabyte Technologies is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.
Assignment
The Terabyte Technologies is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
Entire Agreement
These Terms constitute the entire agreement between Terabyte Technologies and you in relation to your use of this Website, and supersede all prior agreements and understandings.
Governing Law & Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of the State of za, and you submit to the non-exclusive jurisdiction of the state and federal courts located in za for the resolution of any disputes.
What do both parties agree to do?
As our customer, you have the power and ability to enter into this contract on behalf of your company or organization. You agree to provide us with everything that we need to complete the project including text, images and other information as and when we need it, and in the format requested. You agree to review our work, provide feedback and sign-off approval in a timely manner. You also agree to stick to the payment schedule set out at the end of this contract.
We have the experience and ability to perform the services you need from us and we will carry them out in a professional and timely manner. Along the way we will endeavour to meet all the deadlines set but we can’t be responsible for a missed launch date or a deadline if you have been late in supplying materials or have not approved or signed off our work on-time at any stage. On top of this we will also maintain the confidentiality of any information that you give us.
Details of the works
We will create designs for the look-and-feel, layout and functionality of your web site. This contract includes one main design plus the opportunity for you to make up to two rounds of revisions.
Text content
We are not responsible for writing or inputting any text, unless you hire us for content writing.
Photographs
If needed, you will supply us photographs either in digital or printed format. If you choose to buy stock photographs we can suggest vendors of stock photography, photos supplied by us cost R100 per photo including licenses and is not included in the standard quotes.
Technical support
We do offer technical support for web site hosting, email or other services relating to web site hosting. If you do require help with anything beyond the design and development of your site, we will be glad to advise, call outs are at R350, TeamViewer support is at R150.
Legal stuff
We can’t guarantee that the functions contained in any web page templates or in a completed web site will always be error-free and so we can’t be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this web site and any other web pages, even if you have advised us of the possibilities of such damages.
Copyrights
Your guarantee to us that any elements of text, graphics, photos, designs, trademarks, or other artwork that you provide us for inclusion in the web site are either owned by your good self’s, or that you have permission to use them.
Payments & Suspension
We are sure you understand how important it is as a small business that we receive payment promptly.
Any fees are payable by the customer in advance, at the beginning of the month, following invoicing. If payments are not made within 7 days of invoicing, suspension of account services will automatically set in.
The agreed flat rate comprises an individually agreed volume of storage and monthly data transfer volume. In the event that the agreed volumes are exceeded, the customer shall pay an additional fee. Terabyte Technologies shall inform the customer that the volumes have been exceeded immediately after determining this, at the latest, however, when sending the next regular invoice.
Disclaimer of Warranty
Terabyte Technologies infrastructure has been designed to prevent and minimize damage risks. However, no insurance is given expressly or implied hereby, and any damages incurred by Client due to disruption of service (including loss of connectivity, Server outages, data corruption or loss, hackers, scams) by Terabyte Technologies or its providers or third parties is at Client’s sole charge, and shall in all cases be expressly limited to the fees paid by Client to Terabyte Technologies for services in the corresponding period and shall under no circumstances include reimbursement for losses of income or other consequential damages claimed by Client.
Indemnification
Client is solely responsible for the content stored in his folders on Provider’s Servers and agrees that it shall defend, indemnify, save and hold Provider harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Provider, its agents, its customers, officers and employees, that may arise or result from any content, service provided or performed or agreed to be performed or any product sold by Client, it’s agents, employees or assigns. Client agrees to defend, indemnify and hold Provider harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with a Provider Server; (2) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement.
Refusal of Service
Terabyte Technologies reserves the right to refuse or cancel service at Provider’s sole discretion, with or without reason, with or without warning, and without indemnification.
Server abuse Any attempts to undermine or cause harm to any server is strictly prohibited. This includes, but is not limited to attempting to gain access to password files other than your own, attempting to gain unauthorized access to other accounts on your Server, or anything that causes Server malfunction. Terabyte Technologies sometimes uses third party services, these companies will have a separate set of terms and conditions. Failure to comply is subject to immediate account deactivation without refund.
Contact Term
We contracts as much as you, all our contracts are Month to Month, and can be cancellation with 7 days notice. If you terminate your contract before the first 12 months, there is a 6 month cancellation fee.
General
- We will not give our any passwords except to the account holder.
- If your total monthly projects with us are over R1000pm, you may request a meeting are your office once a month if you need to have a discussion, otherwise, call outs are at R350 per hour, however consultation is free at our offices, max of one meeting per month.
- Clients must contact Terabyte Technologies to reset passwords at least every 6 months to ensure the best security.
Our terms and conditions are accepted by you as soon as we are given go ahead on any work.
Authorisation
The CLIENT authorises Terabyte Technologies to perform the services outlined in this agreement on the CLIENTS’ behalf, which may include, but is not limited to, registering their domain, accessing their hosting and e-mail account and disk space, creating databases and applications.
Outsourcing
If needed, Terabyte Technologies or Print City reserves the right to outsource any specific project or print requirements to insure that the terms of this agreement are met.