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Terms and Conditions

“I get ignored so much, people should call me Terms and Conditions.”

Disclaimer

The owner of this website and the accompanying materials have used their best efforts in preparing this website. The owner makes no representation or warranties with respect to the accuracy, applicability, fitness or completeness of the contents of this website.

No rights can be derived from any pricing or other information on this website. Pricing will always be quoted on a case per case base.

Terms and Conditions

Definitions

Agreement’ refers to any agreement between PC Help and the client concerning the services provided by PC Help. Be it written or verbal.

Company’ or ‘PC Help’ or &Design refers to registered company K2017012527 (SOUTH AFRICA) PTY LTD trading as PC Help &Design

Client’ refers to the legal entity applying for the service, being the person or company who agreed to or signed the agreement.

Service’ refers to the PC-support, IT-support, website development, web hosting, social media, design of logo, corporate identity, business cards, brochures and/or other services provided by the company to the client.

Agreement

The agreement starts on signing of the proposal or quote, or by agreeing via email.

This agreement shall be interpreted and enforced according to the laws of the Republic of South Africa. Any terms that are inconsistent with any law in South Africa shall be excluded from the agreement.

This agreement replaces all previous (verbal or written) agreements between PC-Help and the client. And all implied warranties, terms and conditions shall, except where otherwise provided, be excluded from the agreement.

Client responsibilities

The client understands that transmission or storage of data is not necessarily secure or confidential. The client transmits or stores data at the client’s own risk. (PC Help will always try to keep client data confidential.)

Client agrees to provide any needed information and content required by PC Help in good time to enable the company to complete a design or web site work as part of an agreed project.

The client will not transmission any illegal, fraudulent, copyrighted or defamatory material.

Should the client be a legal business entity or partnership, the directors/partners jointly and severally accept any liabilities arising from the agreement.

The client agrees not to utilize any fraudulent or criminal activities, including, but not limited to, transmission of copyright materials, illegal, threatening, obscene or libelous material and will use the account solely for the purposes outlined in the agreement.

The client agrees that the service is exclusive, confidential and non-transferable, unless by agreement with PC Help.

Provision of Service

PC Help reserves the right to deny access to any potential client at its discretion.

Advice provided by the director or employee of PC Help is provided in good faith. Any client acting on the advice does so at the client’s own risk, and agrees to indemnify PC Help against any damage or loss resulting from acting upon such advice.

Software provided by PC Help or any representative is used by the client at the client’s own risk. PC Help cannot be held liable for any damage to hardware or software resulting from the use of software provided by PC Help or any representative.

PC Help, or any representative PC Help may appoint, shall administer collection of monies due by the client to PC Help.

Subscription to any Service provided by PC Help entitles the Client to use the facilities except where an exclusion or restriction has been made or requested. However, any failure by the Client to use the Services does not absolve the Client from responsibilities under this Agreement and in particular (but without limitation) from the obligation to pay service fees and all and any further costs of collection incurred by PC Help.

Although websites are constantly updated for managed Clients and measures are taken to protect websites, PC Help cannot be held responsible for any website that is hacked. In some cases, a hacked website will have to be completely rebuilt. The cost of recovery of a hacked website will be for the Client’s account.

Payment terms

The Client agrees that all monies are non-refundable and service and subscription fees are payable in advance.

Fees will continue to accrue during any period of disconnection or suspension of the Service where such disconnection or suspension is the result of non-payment or late payment of monies due.

Where amounts due to PC Help by the Client remain overdue for more than thirty (30) consecutive days, PC Help may, at its absolute discretion, consider this a cancellation by the Client of the service and may notify the Client accordingly. Any sums paid to date of cancellation are non-refundable and all payments still outstanding shall become immediately due and payable without the necessity of any formal notice or demand. This includes the full balance due for the remainder of any contracts.

PC Help does not accept cheque payments. Payments can be made through EFT or cash. PC Help can manage automatic subscription payments on request. The Client is required to make payment on monthly subscription invoices. PC Help may charge a two percent (2%) interest on all payments that are outstanding for longer than thirty (30) consecutive days.

PC Help does not accept any responsibility for the Client’s telephone bills. While employees of PC Help may provide advice regarding telephone carrier charges, the Client is required to verify this advice by contacting their carrier directly for confirmation that calls to the number being dialled for connection to the Service will be billed by the Carrier at the rate for local calls.

The Client is required to take full responsibility for the connection to the internet to access the Service and pay the respective charges to the internet service provider. PC Help is not responsible for this charge.

The Client will be responsible for the cost of excess data transfer that is not included in the service charges.

The Client will be liable for the cost additional services not included in their chosen Service.

Early cancellation of contracts will result in the full balance of the contract becoming due immediately.

Domain transfers will not be accepted until all outstanding payments have been made.

PC Help may change fees or conditions on 30 written days’ notice. And will update all existing clients.

Company’s Responsibilities

PC Help will provide additional services to the Client upon payment of prescribed fees. The list of additional services is available on the PC Help website. These fees will be billed to the Client.

PC Help will take all reasonable steps to ensure the Client’s services are operational.

The method of support remains at the sole discretion of PC Help. PC Help may choose to use email, fax, telephone or personal visit.

General

Neither party shall be responsible for delays or failures in performance resulting from acts beyond its control, such as acts of God, acts of war, epidemics, civil insurrection, riot, power outages, fire, earthquakes and other disasters.

The terms and conditions of this agreement supersede any previous agreement, or statement of terms and conditions between PC Help and the Client.

The Client accepts that PC Help will send invoices and reports by electronic mail to the Client.

The Company will not share the Client’s details with any 3rd party.

This agreement is subject to a minimum of contract, as detailed below and on the product details pages on the website; thereafter the contract will be month-to-month. You will then be able to cancel your subscription with 30 days written notice.

Should the Client decide to terminate the service contract, once the contract is complete, but continue to use the website hosting services, the Client will still be billed for hosting at the normal website hosting rate.

By the payment for the Service, the Client accepts the terms and conditions set forth in this agreement.

IT Support

PC Help will not be held accountable for any damage caused on data or hardware computer equipment, or any other property of the client, whilst an employee of PC Help is working on the computer equipment. Be it at the clients home or office or when the PC Help employee transports the computer equipment. PC Help will take all reasonable measures to protect computer equipment and not damage it (any further).

IT Support will be charged by the half hour at an hour rate that PC Help will provide the client with beforehand. This amount has to be paid whether the issue is resolved or not.

The Client will stay with the laptop, or provide all necessary password and/or codes to the PC Help employee for resolution. It is the responsibility of the client to reset those passwords and/or codes afterwards for account protection.
 

Website

PC Help will register and host the website on agreement of the client. Hosting and registration cost will be passed on to the client in a monthly or yearly fee.

The client commits itself to a twelve month or 2 year contract and is obliged to pay all fees of that contract. The Client will be responsible when ownership of the website or business thereof changes that all outstanding fees will be paid.
The client commits itself to paying the quoted monthly or yearly fee within 14 days of invoice.

The Client will deliver the content for the website. PC Help will guide in imagery as they need to be free for commercial use before they can be placed on the website. If the client wishes to purchase stock photos, the cost thereof will be passed on to the client.
PC Help &Design will design and built the website after which the Client will have 2 revision rounds. Any additional revision rounds will be charged by the standard hourly rate. PC Help will keep the website up to date and perform the necessary actions to have the website listed in the main web search engines.
The client will provide only one point of contact.

Logo

&Design will design a logo based on the Clients wishes / company name / service. &Design will initially propose two different logos. The Client will have two revision rounds on the logo of choice. Any additional revision rounds will be charged by the standard hourly rate. After payment the logo will be supplied in the manner that the client requires.
The client will provide only one point of contact.

Brochure

&Design will only be able to start designing a brochure when all materials for it are available.

&Design will initially propose a brochure setup. It is the responsibility of the client to provide feedback on this setup. The Client will have two revision rounds after the brochure has been created. Any additional revision rounds will be charged by the standard hourly rate. After payment the brochure will be supplied either digitally or printed.
The client will provide only one point of contact.

Business Card

&Design will design a business card based on the Clients wishes / company name / service. &Design will initially propose two different business cards. The Client will have two revision rounds on the business card of choice. Any additional revision rounds will be charged by the standard hourly rate. After payment the business card will be supplied either digitally or printed.
The client will provide only one point of contact.


Other design

All artwork will be done based on the Clients wishes / company name / service. All graphic design products have a standard of 2 revision rounds. Any additional revision rounds will be charged by the standard hourly rate. After payment the artwork will be supplied either digitally or printed.
The client will provide only one point of contact per product.