These are the terms and conditions of Web Development Spot (WDS) which form the basis of our service.
Individual projects may be subject to additional specific terms and conditions which will be set out in our agreements.
The following is a brief description of the services we currently offer
The kind, amount and quantity of work we can do at any given time depends on the amount of work we already have at that time: If we are working at full capacity, we may not be able to quote for a particular job or meet the timeframe resulting from a particular requirement.
Where we have accepted an order on the basis of an estimate prepared by us, we will use our best endeavours to complete the work by the agreed date, which is normally stated as the estimated completion date in the fixed price agreement.
Unless otherwise agreed, we do not charge for our services by the hour, but according to a results and value-based pricing model. No one buys time, we buy results, and based on the results required and the value to be delivered, we offer our prices as a fixed price agreement for each individual assignment.
WDS retains all right, title and interest in any product or service until paid in full. The Customer shall not do anything which may infringe or in any way undermine WDS's rights, title and interest in any Product or Service, whether or not already supplied.
Payment is due on receipt of an invoice. The terms of payment depend on the agreement made prior to the provision of the service.
The customer must pay WDS the amount stated in the total on the invoice in cash (by electronic transfer, direct cash deposit or cash). Unfortunately, we do not accept payment by cheque. This payment can be made in one of the following ways:
Recurring services such as Internet hosting are payable monthly 30 days in advance, payable on the first day of the month for which the fee is charged. If desired, hosting fees may be paid annually in advance to receive a 5% discount.
It is agreed that these services will be billed on a recurring basis until WDS receives notice that you wish to cancel the hosting services provided. A notice period of 30 days applies.
Annually recurring services such as the renewal of domains must also be paid for in advance. If there is no explicit instruction to cancel the domain renewal, the domain will be renewed for a further term and an invoice will be issued for the fees incurred. Cancellation of a domain name must be made at least 45 days before the expiry of the registration.
If a Customer fails to make a payment when due, WDS shall have the right, but not the obligation, to pursue any or all of the following remedies:
(1) terminate the Agreement,
(2) cancel services in progress,
(3) withdraw services rendered, or
(4) take legal action.
If an order is cancelled for any reason, please note that the amount to be refunded will be calculated from the amount received less any non-refundable costs.
We'll, at the customer's option, either refund the purchase price (less costs) or accept a portion of the price commensurate with the degree of value received by the customer.
Any agreement for the provision of services may be terminated by either party upon 30 days' written notice.
All customers shall indemnify and hold WDS harmless from and against any and all claims, judgements, awards, costs, expenses, damages and liabilities (including reasonable attorneys' fees) of any kind asserted, granted or imposed directly or indirectly against WDS arising out of the use of the services or products provided by WDS or its contractors.
Our work is guaranteed to the complete delight of the customer.
If you aren't completely satisfied with the services provided by CM Muller of WDS, we'll, at the customer's option, either refund the purchase price or accept a portion of the price commensurate with the degree of value received by the customer.
Upon receipt of each of your scheduled payments, we'll consider you satisfied. If at any time you're dissatisfied, you must notify us in writing within 10 days or we'll consider you satisfied.
Except for the guarantee set forth in the preceding paragraph, WDS makes no other warranties or representations, express or implied, with respect to the services or products it provides. The services and products are provided "as is" and "as available" without warranty of any kind, either express or implied, including, but not limited to, warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose, and WDS shall not be liable for any damages suffered by a customer, including loss of data, resulting from delays, non-delivery, or interruption of the services for any reason or as a result of a customer's errors or omissions.
If you're dissatisfied with WDS's Services or any of its terms, rules, policies or practises, your sole and exclusive remedy is to discontinue using the Services.
It's the sole responsibility of the customer to judge the accuracy, completeness and usefulness of all opinions, advice, services and other information, as well as the quality and merchantability of all products offered by WDS. Any advice or information you obtain from WDS, its employees, contractors or owners is used at your own risk, and WDS expressly disclaims any responsibility for the accuracy or quality of any information you obtain through its services or products.
WDS doesn't have its own hosting infrastructure, but uses Xneelo's managed servers in Germany. Xneelo has long been one of the leading providers of Internet hosting services in South Africa. Apart from the WDS Terms and Conditions, the use of our hosting services implies acceptance and agreement to Xneelo's Terms of Service.
Although the services we provide are highly rated and have a long-standing reputation, WDS doesn't warrant that the Internet hosting services will be uninterrupted or error-free or that any information, software or other materials accessible through the hosting service will be free of viruses or other harmful components.
In no event shall WDS be liable for any direct, indirect, special, punitive or consequential damages arising in any way out of the use or inability to use the services or products or the use by any third party of any service for accessing Internet web space or accessing the Internet or any portion thereof, or for the Customer's or any third party's reliance on or use of any information, service or goods provided on or through our Hosting Service, or for any errors, omissions, interruptions, file deletions, malfunctions, defects, delays in operation or transmission or failure of performance.
Each customer assumes full responsibility and risk for the use of the hosting servers and Internet used by us.
WDS expressly limits its damages to a customer for periods of unavailability or other downtime to the prorated monthly fee during the unavailability of the system. WDS expressly disclaims any responsibility for damages resulting from such unavailability.
It's understood that by making information available on our hosting servers, such information is available to all Internet users and that WDS has no ability to limit or restrict access to such information or to protect such information in any way from copyright infringement or misuse.
WDS doesn't guarantee the speed or availability of end-to-end connections.
Even though our servers use the latest technologies and are constantly upgraded, there are many factors that affect the speed of a website, and some of them have nothing to do with the server hardware or software. For this reason, it's not possible to give a guarantee.