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Starter Site Project - Terms and Conditions

Please review the terms and conditions, and then sign at the bottom of this page

Story Site Project - Ts & Cs (#32)

Introduction

Although there is some unavoidable standardised legalese at various places in the document which our attorney required, in this document we try to write everything in plain English. To do this, we frequently use terms like “we” and “you.” “We,” “us,” “our,” and “the Company” means Click Results, “You,” “your,” “Customer” or “Client” in this document is you, our Client.

We also use the terms “Invoice” and “Proposal of Services” interchangeably. For smaller projects, we typically do not create a “Proposal of Services”, in which case your “Invoice” fullfills this role.

Current Hourly Rate

Throughout this document, reference is made to our current hourly rate. This rate is defined as our hourly rate that is in place at the time a service is requested, not at the time this agreement is signed. We will provide you with our current hourly rate upon request.

The Project

You are hiring us to complete your project according to the specific scope of work as described by your proposal. The proposed cost of the project includes only this work. When you hire us, we are independent “work for hire” contractors and not employees of you or your business.

The Proposal of Services  

The Proposal of Services (or quote) details the work we will deliver to you, including without limitations, the deliverables and specifications thereto, and any and all compensation to be paid for such work. If additional services are requested by the Client, the parties may enter into one or more other Proposals of Service signed by the parties. Notwithstanding the forgoing, the terms of any Proposal of Services entered into between the parties, shall be in addition and supplemental to the terms of this Agreement. If there is a conflict between this Master Services Agreement and any part of the Proposal of Services, the terms of the Proposal of Services shall be binding.

NOTE: The phrases “proposal of services” and “quote” are used interchangeably.

Time Frames

It is our experience that a typical website design project takes between 4 and 12 weeks (not including holidays). This is a rough estimate and depends on a number of factors, including but not limited to the complexity of your project, our current workload, material availability, the time it takes to receive feedback from the client, and any problems that might arise as we work on your project.

Unless specifically defined in the Invoice, Proposal of Services, or in writing, we do not guarantee website launch by a specific date.

Delayed and Abandoned Projects

In our experience, projects can often stall as we wait on assets, information, feedback, approvals, etc. we have requested from you. While we are waiting on your response, we will normally begin to work on other projects to make efficient use of our time.

A project is considered delayed if your response to our request for assets, information, feedback, approvals, etc. is delayed for more than 5 business days. When a project is delayed, we may remove it from our active queue and place it at the back of the line. Work will resume on a delayed project when we have received what was requested and our queue of work allows us to focus on your project again.

A project is considered abandoned if your response to our request for assets, information, feedback, approvals, etc. is delayed for more than 90 days without a reasonable cause as determined by us. WHEN A PROJECT IS ABANDONED, any monies paid to us for the project IN QUESTION shall be forfeited.

Rush Projects

Projects requiring a “Rush” will typically incur at least a 50% markup of the total project cost. This increase is necessary to cover the overtime, hiring of additional part-time help and additional costs incurred to complete your project in the timeframe you require.

Payment Schedule

In consideration of the services to be provided hereunder the parties agree that the Company shall be paid in accordance with any Proposals of Service executed by the parties pursuant to this Agreement.

Payment Terms

Our standard payment terms for the 24-month period are:

  • The once-off Setup Fee and First Monthly Instalment is due upon acceptance of this Proposal of Services.
  • Next monthly instalment will be due on the 25th of the month following the execution of this Proposal of Services.

When additional work is requested (like additional pages, or extra functionality) that falls outside the scope of this Proposal of Services, we will provide a separate quote for client acceptance. Upon acceptance, such additional invoices will be paid in full before work is started.

Payment Methods

Your once-off payment to us can be made using EFT.

Monthly subscription payments are strictly debit order only.

Client agrees to pay any penalty bank charges relating to this debit order instruction to the value of R150 per failed transaction.

Late Payment and Collections Policy

All invoices pertaining to web hosting, security, maintenance, or any other work on your website are payable on receipt. If an invoice goes unpaid for more than 30 days after the invoice was sent, WE RESERVE THE RIGHT TO SUSPEND YOUR WEBSITE FROM PUBLIC VIEW UNTIL ALL OUTSTANDING BILLS ARE CURRENT.

Amounts due and unpaid shall bear an interest at the rate of eight percent (8%) per annum. Client agrees to pay all costs of collection, including reasonably attorney’s fees, as additional sums owed under this Agreement.

Termination and Refunds

This Agreement may be terminated immediately by either party upon written notice for any of the following:

  • Upon five (5) days prior written notice by either party to the other party, or
  • If the other party defaults in the performance of any material provision of this Agreement, which default is not cured within thirty (30) days after written notice from the non-defaulting party.

IF YOU WISH TO TERMINATE THE PROJECT AFTER THIS AGREEMENT HAS BEEN EXECUTED, YOUR INITIAL SETUP FEE IS NON-REFUNDABLE FOR ANY REASON.

If we elect to terminate a project, we will create an estimate of the percentage of the scope of work that has been completed. If the percentage of work completed is less than the percentage of the project that has been paid, we will issue a refund for the difference. If the percentage of the project that has been completed is more than the percentage of the project that has been paid, an invoice will be issued for the difference.

Assets for a terminated project (such as the website, custom graphics, etc.) will be delivered to the client when the client’s account reaches a zero balance.

Intellectual Property Rights (Who Owns What)

“Intellectual property rights” means all patents, rights to inventions, copyright (including rights in software) and related rights, trademarks, service marks, trade names, internet domain names, rights to goodwill or to sue for passing off, rights in designs, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or shall subsist now or in the future in any part of the world.

Your new website will be built using the WordPress content management system. WordPress and its associated software are “open source,” distributed under the GNU General Public License. We use WordPress to power your website, but neither of us “own” WordPress or the third-party plugins used to add features to your website. When you hire us to build your website, you are not purchasing WordPress, you are retaining our services to create a customized website using the WordPress system.

When we use images or other content that are licensed for use on your website by a third party, that party retains ownership of the content in question according to the terms of their own license agreements. For example, if we use a stock photo on your site, you typically pay for the license to use the photo on your site but you do not own that photo. If you have questions about licensing issues like this, just ask.

When your project is completed, or payment in full for your project has been received, and provided that this contract hasn’t been terminated, we’ll assign intellectual property rights to you as follows:

  • You own the website and visual elements we create for you. Upon request, we will provide the source files for any custom artwork that was created for your project. You own all intellectual property rights of text, images, site specification and data you provided, unless someone else owns them.
  • We own the unique combination of these elements that constitutes a complete design and we’ll license its use to you, exclusively and in perpetuity only for the projects you hire us for, unless we agree otherwise.
  • We own any intellectual property rights to anything we have developed prior to, or separately from this project. During the process of creating your website, we may create design, code, functionality, and processes. While this work is used on your website, we retain ownership of these as our intellectual property and reserve the right to use them in future projects. This re-use helps us serve our future clients better, just as your website will benefit from what we have learned and developed in previous projects.

Our Website Creation Process

Our typical website creation process is described below. This process, and the deliverables, may change based on the requirements of your project.

PHASE ONE: Project Planning, Research, Setup & Content

  • At the beginning of your project, we will provide a Questionnaire to assist you in the process of collecting the content we will need to create your new website.
  • Phase One concludes when we receive in full the assembled content for the website, including the completed Questionnaire and all assets (logos, photos, videos, etc.) that will be used on the website.

PHASE TWO: Design

  • Based on the information you provide in the Questionnaire and other assets you supply, we will produce a design that has been created to effectively reach your target audience.
  • We will work with you to adjust the design concept until you are satisfied.
  • Phase Two concludes when you approve the design for your website.

PHASE THREE: Development

  • The design concept layout approved in Phase Two is converted into a customised WordPress website, pages are built and functionality is added.
  • Phase Three concludes when we complete the website and submit it to you for revisions.

PHASE FOUR: Revisions

  • You review the website for design and content and create a list of revisions that need to be made.
  • Revisions are minor updates and changes to existing content.
  • Phase Four concludes when you approve the requested revisions.

PHASE FIVE: Launch

We will publish your website so that it is viewable on your domain name.

Important Note: Due to the nature of the Internet, it can take 24 hours or longer for a newly published website to be viewable by everyone.

Compatibility

Your new website will be designed for viewing on modern screens for desktops, laptops and mobile devices. We test for compatibility in the following desktop web browsers: Microsoft Edge, Mozilla Firefox, Apple Safari and Google Chrome. We test for compatibility on the following mobile web browsers: Apple Safari (iOS) and Google Chrome (iOS and Android).

Unless specifically requested by the client, we do not code for web browsers or operating systems older than the current release or for those in pre-release or beta at the time the project is begun. There will normally be additional charges for this work.

Theme and Plugin Licenses and Updates

One of the most important strengths of WordPress is its immense ecosystem of third-party add-on software called themes and plugins. Some of these require no specific licensing for use on your website. However, we often use premium WordPress themes and plugins that require an annual licensing fee for ongoing updates and support.

Future updates and security patches for premium themes and plugins are covered as part of your monthly fee.

Changes After Launch

The design project described by the Scope of Work in the Proposal of Services concludes when your website is launched. Your monthly fee covers you for edits and updates to existing parts of your website, as well as publishing of blog articles. Development or design of new pages will be charged at our current hourly fee.

An “existing bug” is an error in the programming we provided that existed prior to launch and affects the operation or appearance of your website.

Additional costs at our current hourly rate will be incurred for future support requests such as but not limited to:

  • You or a third party add code or a plugin to your site that affects its operation.
  • You need assistance adding new plugins or features to your site that weren’t included in the original project.
  • A new version of a web browser has issues displaying your website properly.
  • You or a third party make changes or alterations to any part of the site.
  • Your site gets hacked or compromised and/or you lose files or data.

The Use of Third-Party Assets

By providing any assets such as text, images, artwork or any other elements to us, you guarantee that they are either owned by you or that you have secured permission from the owner to use them. You agree to protect us from any claim by a third party that the assets you supplied to us are their intellectual property.

We guarantee that all elements of the work we deliver to you are either owned by us or that we have obtained appropriate permission from the owner to provide them to you. We agree to protect you from any claim by a third party that the assets we delivered as part of the project are their intellectual property.

Securing the appropriate licenses for photography that you provide to us to use on your website is your responsibility. You assume the full risk of liability for the use of all images. If you are in doubt of the licensing status of an image, contact the original artist before providing it for us to use in your design project.

We often use royalty-free images obtained from stock photo websites. The cost for licensing this stock photography is not included in the proposal unless specifically itemized. We will secure your approval before purchasing any stock photography. Stock photo charges are typically billed on the final project invoice.

Website Hosting

All website will be hosted on our hosting server that is optimised for our websites.

Monthly Website Management Service (Website Care Plan)

Our Website Management includes website software updates, website backups, uptime monitoring, website security hardening and security scans.

Website Edits
We understand that your website must be as dynamic as your business. When you launch new products or services, change your logo, or need to add a team member, we allow website edits as part of your monthly fee.

Unless your Proposal of Services states otherwise, you will receive 60 minutes of website edits per month. These minutes do not roll over from month to month, but we do our best to accommodate our clients.

This can be any task that can be implemented in less than 60 minutes and INCLUDE edits to content, changing plugin settings and CSS adjustments.

Tasks that we EXCLUDE are custom development (PHP, plugins, themes, advanced contact forms, etc), updating custom code, graphic design, PSD to WordPress, creation of content or building out brand new sites or subdomains.

EXAMPLE A

  • Included: You ask us to change the logo on your site with a new logo that you provide to us.
  • Excluded: You ask us to design a new logo for your company.

EXAMPLE B

  • Included: You ask us to add a new product to your WooCommerce website (and you provide the images and all content)
  • Excluded: You want us to create a custom checkout process, or to add a new payment gateway for your WooCommerce store.

EXAMPLE C

  • Included: You ask us to take the text you emailed to us, and use it to replace the text on your About page.
  • Excluded: You want us to write the content for your About page.

EXAMPLE D

  • Included: You ask us to install and setup a plugin to use its standard functionality.
  • Excluded: You want us to create new functionality that doesn’t exist in a plugin.

Note: We can assist with the excluded tasks that are mentioned above, but these will be done on an ad-hoc basis and will be charged at our current hourly rate.

Website Security
Our lockdown protocol hardens the WordPress system to make it more resistant to the actions of hackers. We employ industry leading security software that actively guards your website against hack attempts at multiple levels in the WordPress system.

Website Backups
Your website’s files and database will be backed up automatically each day your website has activity (if your website does not have activity, there is no need for a backup to occur). This backup is stored in our cloud data vault where we typically retain the previous 30 backups for your site.

Uptime Monitoring

We will continuously monitor your website for downtime. Note: Hosting servers require routine maintenance, and will have occasional downtime which should typically only occur after hours. If these downtimes occur during business hours, we will be in touch immediately with you.

Software Updates
Each month, at our discretion, we will apply available updates for the WordPress core software, your theme files, and your plugin files. We perform these updates for the items that appear in the “Updates” area of your WordPress dashboard. We also watch WordPress industry security news and proactively perform these updates more frequently during times of enhanced threat levels.

While it is impossible to guarantee that your site will never be hacked, all of these techniques make your website a more difficult target for hackers. In addition, it is well known that hackers tend to exploit easier targets first – sites without security measures in place. However, in the event that your site is hacked, we will restore it to pre-hack condition at no additional cost either by restoring a site backup or performing a malware cleanup at our discretion.

Restoring Backups

  • Should your site become compromised by a hack or if your site becomes inoperable because of user error, we will restore a backup for you.
  • If the restorations are the result of a hack, there is no limit to the number of restorations we will perform for you under this service.
  • If the restorations are due to user error, we will perform a maximum of 2 restorations in any 30-day period.
  • Additional user error-related restorations will be performed at our current hourly rate with a one-hour minimum.

Premium (Paid) Themes and Plugins

  • Many websites use themes and/or plugins that require the payment of a recurring license fee to maintain access to ongoing software updates. We have secured appropriate licensing for many of these.
  • If we have appropriate licenses for the themes and/or plugins used by your website, the cost for recurring license fees are included in your monthly fee, and licensing will be maintained for you as long as you are an active subscriber.
  • If your website uses premium themes and/or plugins and we do not have appropriate licensing, the responsibility is yours for maintaining the appropriate licensing to ensure the availability of updates.
  • We will advise you of the themes and/or plugins for which you will need to maintain licensing and assist you as needed in the process of obtaining them.

WE CANNOT BE HELD LIABLE FOR PROBLEMS SUCH AS BUT NOT LIMITED TO HACKS, INOPERABILITY OR INTERCOMPATIBILITY THAT ARISE FROM PREMIUM PLUGINS WHICH YOU CHOOSE NOT TO LICENSE AND ARE OUT OF DATE.

Plugin Compatibility
If an update to a plugin creates conflicts or causes issues with the functionality of your website, we will consult with you to determine the best course of action. Typically, we will remove the offending plugin and replace it with a similar plugin or other programming. If the time required to resolve a plugin compatibility issue exceeds 2 hours, additional time will be billable at our current hourly rate.

IT IS YOUR RESPONSIBILITY TO INFORM US IF YOUR SITE IS EXPERIENCING PROBLEMS AND NEEDS ATTENTION.

Payment, Early Termination and Cancellation for Website Subscription

Payment for Website Subscription Services is due on the 25th day of the month.

You may cancel your website subscription service with a 30-day notice.

IF YOU WANT TO KEEP YOUR WEBSITE FILES, YOU WILL BE CHARGED 75% OF THE OUTSTANDING FEES OF YOUR PAYMENT PERIOD.

IF YOU HAVE NO FURTHER NEED FOR YOUR WEBSITE, THERE WILL BE NO EARLY TERMINATION CHARGE. WE WILL KEEP A BACKUP OF YOUR WEBSITE FOR A PERIOD OF 60 DAYS. TO GET ACCESS TO THIS BACKUP, YOU WILL BE CHARGED 75% OF THE OUTSTANDING FEES OF YOUR PAYMENT PERIOD.

IF YOU ELECT TO TERMINATE YOUR WEBSITE SUBSCRIPTION SERVICE EARLY, THE TOTAL RESPONSIBILITY IS YOURS FOR PERFORMING BACKUPS AND KEEPING ALL COMPONENTS OF YOUR WEBSITE BACKED UP, SECURED, AND UPDATED. YOU WILL ALSO BE RESPONSIBLE FOR ALL PLUGIN AND THEME LICENSING FEES.

If you desire to migrate your website to another web host, we will at your discretion (1) provide you with an administrator login for your WordPress site so a backup can be performed and migrated to the new location, (2) provide to you a backup created using an industry standard WordPress backup system at a cost of R1 500, or (3) perform the website migration for you at our current hourly rate.

NOTE: Your new hosting company will be responsible for restoring the backup on their servers, and if there is a cost involved, it will be for your account.

Your Responsibilities in Website Security

We employ basic WordPress security techniques when building your website. However, studies have shown that one of the most common ways that hackers gain access to your website is through key-logging programs installed on the infected computers of users. You agree to protect any computer that will log into the website by:

  • Installing and maintaining updated security software
  • Using the most up-to-date version of your preferred web browser
  • Keeping the operating system patched with recommended updates
  • Keeping versions of other installed software (especially Flash and Java) up to date if they are installed.

You also agree to use a strong password (as shown by the WordPress password indicator) for any account you use to log in and edit your website, and that this password will only be used on your website. We recommend the use of a password manager so that you have strong unique passwords for every site you access.

Third-Party Services

From time to time, our clients might employ a third party (such as but not limited to a Search Engine Optimization professional, social media professional, or content writer) whose services involve modifications to the website. WE CANNOT BE RESPONSIBLE FOR THE WORK OF A THIRD PARTY. Should our services be necessary due to any work performed by a third party, these services are billable at our current hourly rate.

OUR WEBSITE MANAGEMENT PLANS DO NOT COVER WORK NECESSARY DUE TO ACTIONS PERFORMED BY A THIRD PARTY. SHOULD OUR SERVICES BE NECESSARY DUE TO ANY WORK PERFORMED BY A THIRD PARTY, THESE SERVICES ARE BILLABLE AT OUR CURRENT HOURLY RATE.

Search Engine Optimization (SEO)

If we build your website, we guarantee that your site will be able to be indexed by search engines like Google and others at the time of launch. Additional SEO services are not included in your project unless specifically itemized in the proposal of services. Your ranking and placement on search engines depend on a myriad of factors.

WE CANNOT GUARANTEE RANKING OR PLACEMENT ON ANY SEARCH ENGINE.

Website Accessibility

If you desire for your website to be accessible to users with disabilities, or if your local laws require it, it is your responsibility to inform us of this requirement. We can provide accessible design options, but this normally requires a significant investment of time. Meeting established criteria for accessible design is not included in the Scope of Work in your Proposal of Services unless it is specifically requested. 

WE DO NOT GUARANTEE ANY LEVEL OF ACCESSIBILITY COMPLIANCE OF ANY WEBSITE UNLESS WE HAVE EXPLICITLY AGREED TO PERFORM THIS SERVICE.

Legal Pages and Privacy Requirements

Depending on the nature of your site and your location, legal pages such as Terms of Use and policy pages such as Privacy Policy, Return Policy, etc. may be required for your site by government entities, vendors or licensing agencies.

IT IS THE SOLE RESPONSIBILITY OF THE CLIENT TO DETERMINE WHETHER SUCH PAGES ARE REQUIRED.

It is advisable to consult an attorney to determine your responsibilities in this matter. Creation of the content for these legal pages is not included in the Proposal of Services for your new website unless specifically itemized. However, if you provide the content for these pages, we will typically add them at no additional cost.

If we provide any standardised privacy policies and terms of use, we do not guarantee that this language complies with any governing body’s requirements. 

YOU SHOULD HAVE ANY STANDARDISED LANGUAGE REVIEWED BY YOUR ATTORNEY.

IT IS THE SOLE RESPONSIBILITY OF THE CLIENT TO INFORM US THAT YOUR WEBSITE MUST BE COMPLIANT WITH ANY REGULATORY BODY such as but not limited to South Africa's POPI Act, and the EU’s General Data Protection Regulation (GDPR).

Email Deliverability

Occasionally, your website will send email when certain events occur such as the completion of a contact form, sale of a product, update/reset of a user’s password, etc. These emails that are automatically generated by the WordPress system are often flagged as spam (or not delivered at all) by email providers like Google/Gmail, Microsoft, Yahoo and others.

SINCE WE CANNOT CONTROL THE RECEIPT OF EMAIL, WE CANNOT BE HELD RESPONSIBLE FOR ANY EMAILS THAT WERE NOT DELIVERED TO THE CLIENT FOR ANY REASON.

IT IS THE CLIENT’S RESPONSIBILITY TO REGULARLY CHECK SPAM FOLDERS AND WEBSITE FORM AND ORDER INTERFACES FOR ANY NOTIFICATIONS THAT WERE NOT DELIVERED TO THE CLIENT’S INBOX.

Email Service

WE DO NOT PROVIDE OR SUPPORT EMAIL SERVICE TO CLIENTS.

We recommend consulting with an IT Professional about implementing third party services such as Google Apps and Microsoft Office 365, or for the configuration of email accounts on Outlook, Thunderbird or other email client programs. If you do not have an existing provider, we can make a recommendation.

Domain Names

Unless otherwise agreed, registering a domain name for your website and paying the accompanying annual registration fee is your responsibility. We can assist in the process of registration and connecting your domain name to the website if you desire. You can purchase your domain name for multiple years, or renew it annually at your discretion.

It is your responsibility to ensure that the credit card the domain registrar has on file for your domain registration is current for rebilling.

WE ARE NOT RESPONSIBLE FOR SUSPENSION OR LOSS OF DOMAIN NAMES BECAUSE YOUR CREDIT CARD COULD NOT BE BILLED OR FOR ANY OTHER REASON. 

Work needed as a result of domain expiration is billable at our current hourly rate.

Testimonials, Marketing and Attribution Links

We reserve the right to use your project as an example in our promotional materials including but not limited to case studies, web pages, blog posts, social media posts, magazine articles, and videos. We will place an attribution link in the footer of your website that links back to our home page. At the end of your project, we may also ask you for a testimonial describing your experience working with us. We may also ask you to be a reference should any future clients desire to speak with people we’ve worked with in the past.  

Disclosure to Law Enforcement

We will disclose information about our clients to law enforcement agencies without further consent or notification to the client upon lawful request from such agencies. We will cooperate fully with the legal requests of law enforcement agencies.

Indemnification

The Client agrees to indemnify and hold harmless the Company, its subsidiaries, contractors, employees and affiliates and each of their respective directors, officers, employees, shareholders and agents (each an “Indemnified Party”) against any losses, claims, damages, liabilities, penalties, actions, proceedings, judgments, or any and all costs thereof (collectively, “Losses”) to which an Indemnified Party may become subject and which Losses arise out of, or relate to the Agreement, Client’s use of the Services, breach of any confidentiality obligation or any alleged infringement of any trademark, copyright, patent or other intellectual property right and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys’ fees incurred by such Indemnified Party, in connection with investigating, defending, or settling any Loss, whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.

Choice of Law and Forum

This Agreement, and any related Statements of Work, shall be construed in accordance with, and governed by, the laws of South Africa without regards to Conflict of Law principles.

In the event of any dispute or disagreement with respect to the meaning, effect or interpretation of this Agreement or in the event of a claimed breach of this Agreement, the parties hereto agree that such dispute shall be determined through mediation. The parties will mutually select a mediator and share the cost of mediation equally. Unless otherwise mutually agreed, the location of the mediation will be in Pretoria, South Africa. The parties agree to cooperate fully with the mediator in good faith in order to reach a mutually satisfactory resolution of the dispute.

If the dispute is not resolved within 60 days after it is referred to the mediator, either party has the option to litigate the dispute in a court of law located in South Africa.

Refusal or Discontinuation of Service

We reserve the right to refuse, restrict or terminate service to any client for any reason.

Disclaimer of Warranty

We will perform our work in accordance with good industry practices and at the standard expected from a suitably qualified person with relevant experience. We cannot guarantee that our work will be error-free and so we cannot be liable to you or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages, even if you’ve advised us of them.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT SERVER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL.

Limitation of Damages or Liability

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY, ITS AFFILIATES AND ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, FOR HARM CAUSED BY OR RELATED TO THE CUSTOMER’S SERVICES OR INABILITY TO UTILIZE THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Notwithstanding anything else in this Master Services Agreement, the maximum aggregate liability of THE COMPANY any of its employees, agents, contractors or affiliates, under any theory of law should not exceed the amount of fees it has collected on the customer’s account in the last three months.

Personal Information and the POPI Act

Be aware that any personal information of any User that is included in the content and or attached to this FORM may be processed by Click Results and therefore we are obliged to notify you of compliance requirements as stipulated by the POPI Act (Protection of Personal Information Act) regarding the use and process of Users’ personal information by Click Results (Pty) LTD.

All Users are required to follow the following link: https://clickresults.co.za/popi-disclaimer/, read the information provided by Click Results (Pty) LTD regarding the POPI Act (and PAIA) and personal information and processing thereof by Click Results (Pty) LTD and voluntarily agree and consent to Click Results (Pty) LTD’s use and processing of a User’s personal information.

Further, by viewing-, processing and or applying any action to this FORM, the User agrees and consent to Click Results (Pty) LTD’s use and process of the User’s personal information subject to the terms as stipulated by the POPI Act (And PAIA).

Click Results (Pty) LTD accepts no liability whatsoever for any loss, damage (whether direct, indirect, special, or consequential) and/or expenses of any nature whatsoever which may arise as a result of, or which may be attributable directly or indirectly from information made available on these pages or links, or actions or transaction resulting therefrom.

Severability

No part of this Agreement will be affected if any other part of it is held unenforceable or invalid.

Headings

The headings in this Agreement are inserted for convenience only and are not a part of this Agreement.

Entire Agreement

This Agreement, and any Proposals of Service attached, constitute the entire agreement and understanding of the parties with respect to the transactions contemplated hereby and supersedes any and all prior agreements and understandings relating to the subject matter hereof. This Agreement may not be waived, assigned, extended, amended, supplemented or modified orally, but only by a written instrument signed by the party against whom enforcement of any such waiver, assignment, extension, amendment, supplement or modification is sought.

Modifications

This Agreement may not be changed or modified except in writing signed by the parties.

Construction

The parties acknowledge and agree that they have read, understood and have actively negotiated the terms of this Agreement, participated in its drafting and have been represented by legal counsel. Therefore, this Agreement shall not be deemed to be the product of either party and shall not be enforced or interpreted any more stringently or strictly against either party.

Assignability

Neither the Company nor the Client may assign this Agreement without the prior consent of the other.

Agreement

Please sign below signifying that:

  • You have read, understood, and agreed to this Master Services Agreement.
  • You have the authority to enter into this agreement.
  • That this Master Services Agreement and the Proposal of Services documents comprise our entire agreement.
  • That you agree that the two documents above govern your working relationship with us.
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