info@vegatech.co.za
The following Terms & Conditions are a legal and binding document, applicable to all products and/or services undertaken by Vegatech, for and on behalf of any Client(s) who have duly accepted Vegatech’s quotation(s) for any such products and/or services, and therefore authorised Vegatech to render the aforementioned products and deliver said services.
1.1 The Client must supply the Project Specifications to Vegatech
in order for Vegatech to issue an accurate and binding
quotation.
1.2 If the Client requires further assistance with the creation of
a Project Specifications, Vegatech can assist the Client. This
time may be billed to the Client at the discretion of Vegatech.
2.1 Quotations are valid for 14 (fourteen) calendar days from the
documented date on the Quotation.
2.2 Quotations do not include domain name registration or hosting
fees unless otherwise specified.
3.1 Upon a Client accepting the Vegatech Quotation, the Client acknowledges that they have read and accepted these Terms and Conditions.
4.1 The Client acknowledges acceptance of the Quotation and these
Terms and Conditions by paying the deposit to Vegatech’s
stipulated bank account details as provided on the Invoices.
4.2 Clients can be billed in other currencies if agreed by both
parties.
4.3 Products and/or services as described in the Quotation will
only commence, once the Client’s deposit has been confirmed as
received by Vegatech.
4.4 Vegatech commit to work expeditiously to complete the quoted
products and/or services within the Project Specifications and
time-frames indicated as per the Quotation(s).
4.5 Vegatech can not be held responsible for delays outside of
their control, including but not limited to equipment failure,
Third Party Hosting Services, and internet connections.
4.6 Vegatech endeavour to make websites that perform well in up to
date, current major browsers (Google Chrome, Firefox, Safari,
Microsoft Edge), but can not guarantee backward compatibility
(i.e. functionality on older or obscure devices and software).
5.1. Deposit(s) are non-refundable unless Vegatech, at their sole discretion decide otherwise. The decision by Vegatech is based on the factors surrounding the project in question and is non-negotiable.
6.1. Required documentation refers to any and all information
necessary for the timeous commencement and delivery of products
and/or services as described in these Terms and Conditions and
indicated by the Project Specifications. This includes all
material such as, text copy, product details, pictures, videos,
company profiles, et cetera.
6.2. The Client is to provide all Required Documentation
electronically to Vegatech, to initiate work on aforementioned
quoted products and/or services, unless they are to be created as
part of the project.
6.3. The Client’s quoted and accepted products and/or services
will only be queued and allocated accordingly, after compliance
with Terms & Conditions, unless agreed otherwise in writing.
6.4. If the Client does not supply Vegatech with the Required
Documentation within 21 (twenty-one) calendar days from Invoice
date, the entire amount of the Agreement becomes due and payable,
should the Client choose to continue the Agreement with
Vegatech.
6.5. If the Client still has not submitted or provided all the
Required Documentation within 45 (forty-five) calendar days from
Invoice date, an additional continuation fee of 15% of the total
Quotation(s) will be billed for each month until the quoted
products and/or services are completed.
7.1. The Client has to ensure they have the Copyright for all
material supplied.
7.2. Vegatech, employees, independent contractors, affiliates,
agents, agencies or any associates involved in a Client’s products
and/or services, will not be liable or held responsible for any
Copyright disputes.
7.3 If and when Vegatech are informed that material was provided
without the required Copyright, illegal content will be removed
immediately and the Client will be billed with the cost
thereof.
7.4. Vegatech does not take any responsibility for any and all
content supplied from the Client without proper Copyright
whatsoever.
8.1. Unless otherwise specified in the Quotation, the Client shall
supply all Graphic Images to be published in accordance with the
specified products and/or services.
8.2. Graphic Images (including but not limited to artwork and
logos) supplied by the Client, must be of high digital quality and
applicable format. The format can be confirmed with the Vegatech
team as required.
9.1. Photographs supplied by the Client must be of high digital quality and applicable format.
10.1. Vegatech does not offer any printing products and/or
services, therefore Vegatech take no responsibility for print or
Printing errors.
10.2. Completed graphic design, logo, or any artwork by Vegatech
will be e-mailed to the Client, and the Client will enter into an
agreement directly with the printer of their choice.
10.3. To ensure colour and print quality, it is the Client’s
responsibility to request a colour proof from their printers.
11.1. Hosting via Vegatech
11.1.1. Hosting via Vegatech allows for allocated disk space and
traffic brandwidth limited to that Hosting package. Disk
over-usage will be charged at the appropriate rate at that time,
Invoiced to the Client’s account and must be paid within 14
(fourteen) calendar days after Invoice date thereof.
11.1.2. Monthly Hosting & Yearly Domain Fees must be paid on or
before the last working day of each month, unless committed to
payment by means of a stop order payment, in which instance the
last calendar day is applicable.
11.1.3. Hosting fees are payable from date of domain registration,
transfer to Vegatech hosting and if applicable, from start of
website development by Vegatech.
11.1.4. Payments not received by the 1st of each month
automatically suspends the Client’s Hosting service, thus risk
deactivating the Client’s website. This is can be waved at the
sole discretion of Vegatech, without giving up any rights as per
the terms and conditions.
11.1.5. A reactivation fee, at the appropriate rate at that time,
will be billed to the Client, based on time spent correcting the
suspended account.
11.1.6. Hosting fees not received for 3 consecutive calendar
months irrevocably terminates the linked website with the host.
The Client’s domain registration remains for the balance of the
yearly domain fee paid, but no software, design and/or development
work associated with the domain is recoverable by reactivation
hereafter.
11.1.7. Vegatech reserves the right to suspend the Client’s
services due to non-payment and charge fees, at the appropriate
rate at that time, on all arrears in accordance with these Terms
and Conditions.
11.1.8. Hosting cancellations are only accepted in writing or
e-mailed to info@vegatech.co.za, on or before the 1st of the new
month as it carries a calendar month notice period.
11.1.9. All outstanding payments must be paid up to date before
the Client’s Hosting services will be terminated with Vegatech,
thus enabling release to transfer to a Third Party Hosting Service
Provider.
11.1.10. Vegatech uses leading third party hosting or WP Engine.
Vegatech cannot be held liable for downtime or loss due to
technical faults from the servers due to hacks, technical errors,
electricity outages etc.
11.1.11 Should there be any website downtime, due to reasons
outlined in 11.1.10, Vegatech will do everything they can to
resolve the situation.
11.1.12 Should the hosting be cancelled as outlined in 11.1.8, the
onus will be on the client to migrate/transfer the site and all
its content. Should the client prefer that this be managed by
Vegatech, this can be arranged. Time spent by Vegatech will be
billed to the client.
11.2. Hosting via a Third Party Service Provider.
11.2.1. If the Client uses a Third Party Service Provider, the
Client will enter into an agreement directly with that Third Party
Service Provider.
11.2.2. Vegatech will not be held liable or have any
responsibility for the Client’s Hosting Services via a Third Party
Service Provider as we do not have control over the status of
hosting, domain renewals or e-mail when not hosted with
Vegatech.
11.2.3. All technical aspects of websites must be referred to the
Client’s Third Party Hosting Service Provider.
11.2.4. Vegatech will however assist the Client upon request with
Third Party Hosting Service Provider(s). This time may be billed
to the Client at the discretion of Vegatech.
12.1. Vegatech can not guarantee search positions or rankings of websites, but include Search Engine Optimisation (SEO) in the form of Google webmaster tools submission, google analytics integration, meta tags and descriptions, structure and basic content recommendations for all websites developed. Vegatech can assist with the Client’s SEO if and when required and will issue the Client a Quotation accordingly.
13.1. Vegatech will load up to 10 products on the website on the
Client’s behalf. However, the Client will be able to load
unlimited products subject to fair usage of the hosting
package.
13.2. Should the Client require Vegatech to load more than the
aforementioned 10 loaded products, Vegatech will issue the Client
a Quotation accordingly
14.1. The Client is required to e-mail the Proof of Payment to
Vegatech.
14.2. All work remains the property of Vegatech until the full and
final payment is received.
15.1. Activation of the Client’s website is conditional to the
Terms & Conditions 14 above.
15.2. The Completion Date of a project is affected by feedback and
received content from the Client. Time-frames will be adjusted
within reason, notwithstanding these Terms & Conditions.
16.1 Additional Work requested and agreed to, or any other work in
progress for the Client’s website after the Completion Date of the
original Agreement, will be billed in accordance to these Terms
and Conditions, quoted and agreed to.
16.2. All payment(s) and time-frame(s) as set out in these Terms
and Condition shall apply.
16.3. Scope creep will not be tolerated, and setting clear goals,
objectives and specifications in the initial negotiations and
Project Quote with Vegatech remain the responsibility of the
Client.
16.4. Vegatech may suggest Additional Work for the Client’s
project, including but not limited to graphic design, software
etc. to enhance the Client’s website functionality and appearance,
and reserves the right to do so free of charge or Vegatech will
issue the Client a Quotation accordingly.
17.1. The Client may request that Vegatech access their website’s
Content Management System to make requested changes. Upon doing
so, the Client indemnifies Vegatech from any changes made by the
Client or any third party to the website, which includes but is
not limited to any content changes, software updates, added
software, or loss of information.
17.2. Vegatech commit to respond to any technical error, which may
be the result of their Hosting services, design software or any
plausible fault, omission or neglect on their part within this
agreement within a reasonable time period, as soon as Vegatech is
able.
18.1. Vegatech is not a credit service provider and does not grant
any credit facilities whatsoever.
18.2. All Invoices are billed to the Client’s account and e-mailed
to the Client in accordance with these Terms and Conditions, and
payments made by the Client are allocated to Invoices on the
Statement upon Vegatech having confirmed receipt of said funds.
18.4. Invoices, corresponding payments received, and due balances
will reflect on the Client’s Statement.
18.5. Due to the nature of the business, additional Client
Statements will be issued and e-mailed for all overdue balances
and additional fees Invoiced as required.
19.1. Telephonic, Skype, WhatsApp or e-mail queries will be
responded to free of charge for confirmed Clients according to
Terms & Conditions 4.1.
19.2. Meetings and consultations will be charged at the discretion
of Vegatech, in accordance to these Terms and Conditions, quoted
and agreed to.
20.1. Failure to comply with these Terms and Conditions regarding
payments and fees will result in legal action from Vegatech’s
legal representative(s), and the full outstanding balance becomes
payable.
20.2. All legal costs resulting of non-payment will be accrued to
the Client’s outstanding balance.
21.1. Should the Client cancel the project at any time, all fees
up to that point of work will be calculated. Any amount greater
than the 50% deposit will be billed to the Client. This is payable
within 14 (fourteen) calendar days of Invoice date.
21.2. Vegatech will only refund Client’s amounts paid, for
products and/or services not delivered in accordance to the
initial Agreement(s), or balance thereof in accordance to Terms &
Conditions 21.1. Vegatech has a 100% money back guarantee on any
design work if the client is not happy with the design. If
Vegatech refunds the client for designs, the client may not use
any of the design for any purpose.
21.3. Hosting and Domain Fees are non-refundable, as these are
paid in advance.
21.4. Vegatech reserves the right at its discretion to cancel this
Agreement should the Client breach any of the Terms and Conditions
stated herein.
22.1. Vegatech will not be held liable for any viruses, hacking,
malicious content or any Security breaches pertaining to any third
party applications or to the Client’s website.
22.2. Vegatech Digital’ Hosting service provider may at any time
suspend a domain should any viruses or malicious content be
exposed through hacking or security breaches to any third party
application or website.
23.1. Vegatech reserves the right to make changes to these Terms
and Conditions at any time without prior consent of any or all of
their Clients, employees, independent contractors, affiliates,
agents, agencies or any other third party agreements.
23.2. These Terms and Conditions are legally binding in accordance
with the publishing date hereof, as incorporated on Vegatech’s own
website.
(POPIA – Protection of Personal Information Act) This privacy policy sets out how we collect, store, use and protect your data (personal information) when using our website and accessing any of our products or services.
This policy applies to you if you are:
- a visitor to our website
- a customer who has ordered goods or services that we provide
- a supplier or partner
- An employee or contractor
Acceptance required
All terms of the policy must be accepted when you order or use any
of our goods or services, or our website. You may not order or use
any of our goods or services, or our website if you do not accept
this policy.
Deemed Acceptance
By accepting this policy, you are deemed to have read, understood,
accepted, and agreed to be bound by all of its terms. You may only
provide us with your own personal data, or the personal data of
another data subject where you have permission to do so.
We collect the following types of information:
- Name / Organisation Name
- Contact details (email address , phone number)
- Customer Billing Information
- Other relevant information to deliver our services accordingly
Collection
We collect information directly from you, as well as automatically
from you through the use of our services:
Information collected directly: Information such
as your name, contact details, billing information are typically
collected directly from you. You have full control over how much
information you get to share with us.
Information collected automatically: When you use
or interact with our site and services, we receive and store
information generated by your activity such as analytics data and
other information automatically collected from your browser.
Consent to collection
We will obtain your consent to collect personal data:
- In accordance with the applicable law When you provide us with
personal information / optional information directly via our
website or various communication platforms
We require your personal information to understand your needs and
provide you with a better service, and in particular for the
following reason:
- Internal record keeping and administrative purposes
- Provide new Vegatech Services to you
- Respond to your request, inquiries, comments or concerns
- Improve product and service offerings
- For advertising and promotional purposes of our products and
services
In order to analyse data about web page traffic and improve our website, we may place small text files called ‘cookies’ on your device when visiting our website. These files do not contain personal data, but they do contain a personal identifier allowing us to associate your personal data with a certain device. Most web browsers accept cookies automatically, however you are able to modify your browser settings to decline cookies if you prefer. Many websites use cookies and you can find more about them at www.allaboutcookies.org.
We may share your personal information with:
- Our suppliers / service providers who provide us with goods and
services, assisting us with parts of our business operations.
- Other 3rd parties who provide us with relevant services where
necessary.
We do not share any information to 3rd parties in relation to
marketing services
We are committed to ensure that your personal information is protected, therefore security measures have been put in place to secure and safeguard the information we collect online and elsewhere. Security audits and risk assessments are performed when necessary in order to ensure that risks facing your personal information are managed appropriately
You have the following rights under data protection laws in
relation to your personal information, which include:
- Request access to your personal information
- Request correction of your personal information
- Request deletion of your personal information
- Object the processing of your personal information
- Request restriction of processing your personal information
- Request the transfer of your personal information
Your personal information will be retained for as long as necessary to fulfill the purpose we have collected it for, including for the purpose of satisfying any legal, accounting or reporting purposes.
Updates will be made to this privacy policy as necessary to satisfy legal requirements. We will post a prominent notice of material changes on our website and provide you with an additional notice on updates, should it be deemed necessary.
We will notify our customers of any confirmed data breaches that have occurred.
We are not responsible for, give no warranties, nor make any representations in respect of the privacy policies or practices of linked or any third-party websites.