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’ refers to PC-Help.
  • ‘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, and/or other services provided by the company to the client.

 

Agreement commencing

  • The agreement commences on signing of the application form or quote, or on verbal agreement.
  • This agreement shall be interpreted and enforced according to the laws of South Africa.
  • This agreement represents the entire agreement between the company and the client and supersedes all prior agreements or understandings whether written or verbal regarding the service.
  • Where the terms of this agreement are inconsistent with the provisions of the commercial laws of the Republic of South Africa, those terms shall be excluded from this agreement.
  • All implied warranties, terms and conditions shall, except where otherwise provided by the statute, 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. (The company will always try to keep client data confidential.)
  • Client agrees to provide any needed information and content required by the company 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 utilise any fraudulent or criminal activities, including, but not limited to, transmission of copyright materials, illegal, threatening, obscene or libellous 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 the company.

 

Provision of Service

  • The company reserves the right to deny access to any potential client at its discretion.
  • Advice provided by the director or employee of the company is provided in good faith. Any client acting on the advice does so at the client’s own risk, and agrees to indemnify the company against any damage or loss resulting from acting upon such advice.
  • Software provided by the company is used by the client at the client’s own risk. The company cannot be held liable for any damage to hardware or software resulting from the use of software provided by the company.
  • The company, or any representative the company may appoint, shall administer collection of monies due by the client to the company.
  • Subscription to any Service provided by the Company 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 the Company.
  • Although websites are constantly updated for managed Clients and measures are taken to protect websites, the Company 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 the Company by the Client remain overdue for more than fourteen (14) consecutive days, the Company 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.
  • The Company does not accept cheque payments. Payments can be made through EFT or cash. The company does not manage automatic subscription payments. The Client is required to make payment on monthly subscription invoices.
  • The Company does not accept any responsibility for the Client’s telephone bills. While employees of the Company 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. The Company 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.
  • The Company may change fees or conditions on 30 written days’ notice. And will update all existing clients.

 

Company’s Responsibilities

  • The company will provide additional services to the Client upon payment of prescribed fees. The list of additional services is available on the Company’s website. These fees will be billed to the Client.
  • The company will take all reasonable steps to ensure the Client’s services are operational.
  • The method of support remains at the sole discretion of the company. The Company 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 the Company and the Client.
  • The Client accepts that the Company 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 billing 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.