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Website Terms

and Conditions

Website Terms and Conditions 2019

Definitions:

The Client: The company or individual requesting the services of InsideMan Media .

InsideMan Media : Primary designer/site owner & employees or affiliates.

Insider Website Solution details

The monthly payments for the Insider package is R399, R499, R 599 or R799 per month for 24 month. We have developed this package for our customers who can’t afford a large once off payment or who simply do not want to pay a large amount upfront and would prefer monthly instalments. We took the cost of a premium website valued at R7500 (R 399 options) and R 12 000 (for the R 599 option) and added all the cool extras such as monthly hosting, maintenance, unlimited updates, unlimited emails, email hosting and web-space as well as domain registration and a premium theme to the pot and split the cost up over a 2 year period. The site will remain the property of InsideMan Media until such time as it has been paid off. Should you wish to settle the amount and claim your website as your own a settlement amount will be calculated for you based on only what is left of the design. Please keep in mind that even if you settle and pay off your site, there will still be a hosting fee as would be for any provider hosting websites.

General

InsideMan Media will carry out work only where an agreement is provided either by email, telephone, mail or fax. InsideMan Media will carry out work only for clients who are 18 years of age or above. An ‘order’ is deemed to be a written or verbal contract between InsideMan Media  and the client; this includes telephone and email agreements.

Website Design

Whilst every endeavour will be made by the team at Insideman Media to ensure that the website and any scripts or programs are free of errors, InsideMan Media cannot accept responsibility for any losses incurred due to malfunction, the website or any part of it.

The website, graphics and any programming code remain the property of InsideMan Media until all outstanding accounts are paid in full.

Any scripts, cgi applications, php scripts, or software (unless specifically agreed) written by InsideMan Media  remain the copyright of InsideMan Media  and may only be commercially reproduced or resold with the permission of InsideMan Media .

InsideMan Media cannot take responsibility for any copyright infringements caused by materials submitted by the client. We reserve the right to refuse any material of a copyrighted nature unless adequate proof is given of permission to use such material.

Any additions to the brief will be carried out at the discretion of InsideMan Media  and where no charge is made by InsideMan Media  for such additions, InsideMan Media  accept no responsibility to ensure such additions are error free and reserve the right to charge an according amount for any correction to these or further additions.

The client agrees to make available as soon as is reasonably possible to InsideMan Media  all materials required to complete the site to the agreed standard and within the set deadline.

InsideMan Media will not be liable for costs incurred, compensation or loss of earnings due to the failure to meet agreed deadlines.

InsideMan Media will not be liable or become involved in any disputes between the site owner and their clients and cannot be held responsible for any wrongdoing on the part of a site owner.

InsideMan Media will not be liable for any costs incurred, compensation or loss of earnings due to the work carried out on behalf of the client or any of the clients appointed agents.

InsideMan Media will not be liable for any costs incurred, compensation or loss of earnings due to the unavailability of the site, its servers, software or any material provided by its agents.

A deposit of 50% is required with any project before any design work will be carried out, unless otherwise agreed

Once a website has been designed and completed the final balance of payment is then due in accordance with our payment terms. There are no exceptions to this, i.e If the client decides they no longer want the site, as they have commissioned the work and paid a deposit they are still obliged to pay for the work that has been done. Non payment will result in legal action being taken if necessary.

Website Hosting

We offer limited hosting services of 12 months (open to renewal thereafter) on all non-insider website products. And offer a service guarantee for an annual average of 99% network availability for their infrastructure

Hosting Payment Policy & Billing Procedures

 All accounts are set up on a pre-pay basis. We accept payments via bank transfer. There is no setup fees are charged for new accounts that are paid on an annual

Payment of Accounts

A deposit is required from any new client before any work is carried out. It is the InsideMan Media  policy that any outstanding accounts for work carried out by InsideMan Media  or its affiliates are required to be paid in full, no later than 30 days from the date of the invoice unless by prior arrangement with InsideMan Media .

Once a deposit is paid and work completed you are obliged to pay the balance of payment in full. We will contact clients via email and telephone to remind them of such payments if they are not received when due.

If accounts are not settled or InsideMan Media  have not been contacted regarding the delay, access to the related website may be denied and web pages removed, we will then pass such cases to the Small Claims Court to pursue payment, non payment can result in county court judgments (ccj’s) being added to the clients credit rating.

Following consistent non payment of an invoice our Solicitors will contact the client in question, with a view to taking the matter further and if need be to seek payment through legal procedures, and if necessary court summons.

Passing of Rights

Once all amounts due to us from you are paid and cleared you are assigned the rights to use, as applicable, the products and services, including, the web site which includes the text, graphics, animation, audio components and digital components contained within the finished web site, in accordance with these terms and conditions, the Project Agreement and any applicable agreement, terms or licence but no rights of ownership are conveyed unless specifically stated in the Project Contract.

No such rights as described in above will pass until all amounts due to us from you are paid. This means that we will have a lien over any service, products, data or information. If you have not paid the invoice in full within 2 months from the date of the invoice you agree that you will forfeit your rights.

The rights to photographs, graphics and any third party items such as source code, always remain the property of their respective owners.

Unless you have our specific written agreement in the Project Contract, all products, including Content Management Systems, interfaces, navigational devices, menus, menu structures or arrangements, icons, help, all operational instructions, scripts, cgi applications, software, programming/source code, and all other components of any source or object computer code that comprises the Website, all literal and non-literal expressions of ideas that operate, cause, create, direct, manipulate, access, or otherwise affect the Content and design elements used or developed and all software, and our products and results of our services remain our property and we retain full ownership rights and all intellectual property rights. You specifically agree not do anything that may in any way infringe upon or undermine our rights, title, or interest in the Website or our products and services. This includes, but is not limited to, any sale, transfer or gift of the whole or of any part of any item, data or anything whatsoever that we own. You fully understand that we may reproduce, reuse, develop and use in any other way we choose, anything within our ownership

 

Complaints Procedure

Informal procedure

Anyone who experiences a problem with their web service provided by InsideMan Media  should raise the matter directly using our contact numbers or email, giving sufficient information to locate the material (such as an url) and clearly outlining the grounds for complaint.

InsideMan Media  will approach the individual responsible for the material in question with a view to resolving the matter to the satisfaction of the complainant.

Formal complaints procedure

The formal complaints procedure should only be used where the complainant feels that the nature of the complaint is too serious to be dealt with informally, or where a satisfactory conclusion has not been reached after following the informal procedure.

A formal complaint should be made in writing to InsideMan Media , who will acknowledge receipt and ensure that the matter is looked into as soon as possible.

An initial response to any complaint can be expected within seven days of its receipt; a full and considered response to the complaint should be completed within 30 days and any subsequent remedy implemented with the minimum of delay.