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Terms & Conditions

Introduction

This document defines the terms and conditions of our working relationship. Unless otherwise agreed to, in writing by both the parties, by placing an order with Queeek Web Solutions, you confirm that you are in Agreement with and bound by the terms and conditions below.

Definitions

As used herein and throughout this Agreement:

“Agreement” means the entire content of this Basic Terms and Conditions document, the Proposal document(s), Schedule(s), together with any other Supplements designated below, together with any exhibits, schedules or attachments hereto.

“Content” means all materials, information, photography, writings and other creative content.

“Copyrights” means the property rights in original works of authorship, expressed in a tangible medium of expression, as defined and enforceable under South African and International Copyright Law.

“Deliverables” means the services and work product specified in the Proposal to be delivered by Queeek Web Solutions to the CLIENT, in the form and media specified.

“Services” means all services and the work product to be provided to the Client by Queeek Web Solutions as described and otherwise further defined.

“Trademarks” means trade names, words, symbols, designs, logos or other devices or designs used in the Final Deliverables.

“Ongoing Management” means the ongoing work to keep the website functioning and secure. This includes but is not limited to: data management, backups, maintenance, upgrades and software patches.

General Terms

Service you can Trust

Queeek Web Solutions’ number one priority is to offer the CLIENT a professional web service, which may include but is not limited to web design, hosting, domain registration/renewal, maintenance and graphic design.

Authorisation

The CLIENT authorises Queeek Web Solutions to perform the services outlined in this Agreement on the CLIENTS’ behalf. This includes but is not limited to registering their domain, accessing their hosting account and disk space, creating databases and applications, managing their online advertising, and submitting their project to search engines.

Agreement Scope

Services supplied, costs and rates are limited to what is specifically outlined in the service package agreement. Any additional services will require an additional agreement. Our Agreement is for the complete package containing various services.

Should the CLIENT not utilise all services offered within the complete package, the CLIENT will still be liable for the full payment for the total package.

Costs and Fees

Changes and additions outside the scope of this document will be quoted and invoiced to the CLIENT. The CLIENT will be advised of all costs, changes and additions before commencement of the additional work. Fees for professional services do not include outside purchases such as but are not limited to software licensing, copyright licensing, photography, colour printouts, illustrations or courier service. Additional expenses are itemised on each invoice.

Production Schedules

The CLIENT and Queeek Web Solutions will establish and adhere to production schedules. Where production schedules are not adhered to by the CLIENT, the final delivery date or dates will be adjusted accordingly. Additional costs may be charged for CLIENT delays if said delays increase the time to manage or deliver the services.

Payment

The CLIENT agrees to pay Queeek Web Solutions per the terms specified in each proposal/estimate. Payment will be due from the date of signing the Agreement.

If the CLIENT fails to pay any invoice, Queeek Web Solutions reserves the right to withdraw the website and associated materials or refuse completion and/or delivery of work until past due balances are paid. All materials or property belonging to the CLIENT, as well as work performed, may be retained as security until all claims against the CLIENT are satisfied. The CLIENT is responsible for any debt collection, legal or court fees which may come due.

In the event of cancellation of the project before completion, the CLIENT will be liable for one(1) month’s payment as per the 30-day cancellation notice.

Confidentiality

Queeek Web Solutions will not disclose to any third party or use, other than for the purposes of this Agreement, any knowledge or information imparted to or obtained by it during or in connection with the fulfilment of this Agreement, which is of a secret or confidential nature relating to the business, equipment, processes, products, services or business strategies offered or employed by the CLIENT. This obligation of confidence will cease to apply in relation to information that Queeek Web Solutions is required to disclose by any law or which becomes part of the public domain other than as the result of a breach by Queeek Web Solutions of its obligations of confidence under this Agreement.

Outsourcing

If needed, Queeek Web Solutions reserves the right to outsource any specific project requirements to ensure that the terms of this Agreement are met. Any subcontractors or external suppliers will be bound to the terms of this Agreement.

Promotion

Queeek Web Solutions is confident that the CLIENT’s expectations will be exceeded and, as such, is notifying the CLIENT that Queeek Web Solutions reserves the right to use the CLIENT’s website, associated graphics and any unused ideas and development in the promotion of Queeek Web Solutions services or any design competitions. CLIENT agrees to allow Queeek Web Solutions to retain a credit and link from the footer of the website.

Copyright

The CLIENT is responsible for all trademark, servicemark, copyright and patent infringement clearances. The CLIENT is also responsible for arranging, before publication, any necessary legal authorisation of materials Queeek Web Solutions uses for this project. The CLIENT indemnifies Queeek Web Solutions against any loss or damage arising directly or indirectly from any unauthorised use of photographs, text, or other Intellectual Property not under copyright ownership of the CLIENT.

Ownership / Project Copyright

Queeek Web Solutions reserves all rights over working source files and databases and owns full ownership of the website and design. The CLIENT will not have access to the Control Panel, Database or FTP unless otherwise agreed to.

Open Source Software

Queeek Web Solutions extensively uses open-source software and components to supply websites and services to the CLIENT. Queeek Web Solutions will not charge additional licensing fees on open-source software.

The CLIENT indemnifies Queeek Web Solutions against any loss or damage arising directly or indirectly from any failure of software supplied to the CLIENT.

All software and components not developed by Queeek Web Solutions retain the original license and associated terms. Queeek Web Solutions cannot assign any rights to the CLIENT, and the CLIENT agrees to be bound by the original Author’s terms.

Force Majeure

Queeek Web Solutions shall not be deemed in breach of this Agreement if Queeek Web Solutions is unable to complete the Services or any portion thereof by reason of fire, earthquake, labour dispute, an act of God, death, illness or incapacity of Queeek Web Solutions or any local, provincial, national or international law, governmental order or regulation or any other event beyond Queeek Web Solutions’ control (collectively, “Force Majeure Event”). Upon the occurrence of any Force Majeure Event, Queeek Web Solutions shall give notice to the CLIENT of its inability to perform or delay in completing the Services and shall propose revisions to the Schedule for completion of the Services.

Limitation of Liability

Queeek Web Solutions’ services and work products are sold “as is.” In all circumstances, the maximum liability of its Designers, Directors, Officers, Employees, Design Agents and Affiliates (“Queeek Web Solutions parties”), to the CLIENT for damages for any and all causes whatsoever, and the CLIENT’s maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, shall be limited to the net cost of this project as specified in this Agreement. In no event shall Queeek Web Solutions be liable for any lost data or content, lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the materials or the services provided by Queeek Web Solutions even if Queeek Web Solutions has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy.

Termination / Cancellation

Queeek Web Solutions may immediately terminate this Agreement by giving written notice to the other of such termination. The CLIENT may terminate the Agreement providing 30 days written notice. The CLIENT will be liable for final payment during the 30 days notice period and all other outstanding balances. The CLIENT shall assume responsibility for collection of all legal fees necessitated by default in payment.

Domain Names

The CLIENT legally owns all domain names. All domain name registrations are subject to availability and registration rules. Queeek Web Solutions will manage the domain name(s) on behalf of the CLIENT unless the CLIENT requests in writing that the CLIENT manages their own domain(s) and payment of fees.

The CLIENT indemnifies Queeek Web Solutions against any loss or damage arising directly or indirectly from any failure of services related to domain renewals, registrations, and domain name trademarks.

Hosting

Queeek Web Solutions will offer the suggested hosting package required for the CLIENT’s project.

The exact package required will determine the monthly cost. Due to website growth, disk space and an increase in traffic, the CLIENT will be responsible for any over-usage, charged per GB for Traffic & per 10MB for Disk Space.

Should the CLIENT decide to make use of their own hosting provider, the CLIENT will be responsible for contacting the chosen host for support relating to hosting matters & ensure that Queeek Web Solutions will have the correct hosting environment needed for the project. Queeek Web Solutions will charge for costs incurred liaising with the hosting company and supporting the CLIENT with hosting-related issues. Queeek Web Solutions will charge for expenses incurred due to differences in the hosting environment if installation and management exceed standard time frames.

Browser Variance

Our websites are optimised for XHTML compliant browsers and adjusted to support the latest versions of Google Chrome, Mozilla Firefox & Safari. We test using the browsers that are statistically the most commonly used. Layout and aesthetic elements may change or degrade in some browsers. Queeek Web Solutions does not support legacy browsers like Internet Explorer,

Colours

Website visitors use different monitors with different settings. The website’s colours and image quality, including graphics and photography, will shift between computers and monitors.

Testing and Acceptance of the Website

Once the project has, in the opinion of Queeek Web Solutions, been completed, Queeek Web Solutions will notify the CLIENT either verbally or in writing and provide the CLIENT with an opportunity to test and review the website. If the CLIENT determines that the website does not comply with the Project Components agreed to in this document, Queeek Web Solutions agrees to carry out any necessary and reasonable modifications.

Client Responsibilities

If the CLIENT or an agent of The CLIENT other than Queeek Web Solutions attempts to update, edit or alter the site’s template, infrastructure, source files or hosting management in a way that causes damage to individual pages or the site’s architecture, time to repair web pages will be assessed at our STANDARD or OVERTIME hourly rate, and is an additional cost above the costs outlined in the Agreement.

Errors and Omissions

Queeek Web Solutions is responsible for carefully checking for accuracy in all respects, including spelling and technical illustrations, and ensuring an overall error-free environment. However, Queeek Web Solutions is not liable for errors or omissions. The CLIENT indemnifies Queeek Web Solutions against any loss or damage arising directly or indirectly from any errors and omissions.

Copy

All text must be supplied in digital format that can be copied and pasted. Queeek Web Solutions will not re-type/type out any text found in any non-editable file format.

Images

Graphics and photographs are to be supplied in digital format via Email or File Transfer. Photographs must not exceed a file size of 2MB each (unless by prior arrangement). Larger files will incur an extra cost due to increased time in processing.

Branding

All logos and branding must be provided in an industry-standard vector format. 

Fraud/Scam

Should there be any allegations against the CLIENT regarding illegal activity on the website, e.g. using the website to scam users/ fraud clients, Web Partner will have the right to terminate the website with immediate effect. It is the CLIENT’s responsibility to provide Queeek Web Solutions with proof that such allegations are false before the website will be activated again.

Emails & Spam

While hosting with Web Partner on Xneelo servers, the below information is effective and the Acceptable Use Policy needs to be followed at all times.

Failure to follow the Acceptable Use Policy could result in a first and final warning or immediate termination of hosting, website and email services without notice.