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Terms and Conditions

The boring stuff.

By placing an order and paying the required deposit with IT Tech Computers, you confirm that you are in agreement with and bound by the terms and conditions below.

General

IT Tech Computers will carry out work only where an agreement is provided either by email, telephone, mail. IT Tech Computers 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 IT Tech Computers and the client, this includes telephone and email agreements.

Contract is non-reversible and the client is liable for total cost of the project. All development processes, methodologies and design methods remain the intellectual property of IT Tech Computers

Email confirmations are an acceptable form of communication.

Website Design

Whilst every endeavour will be made to ensure that the website and any scripts or programs are free of errors, IT Tech Computers 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 IT Tech Computers until all outstanding accounts are paid in full.

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

IT Tech Computers 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 IT Tech Computers and where no charge is made by IT Tech Computers for such additions, IT Tech Computers 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 IT Tech Computers all materials required to complete the site to the agreed standard and within the set deadline. Project may not be delayed or slowed down to avoid non-payment.

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

IT Tech Computers 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.

IT Tech Computers 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.

IT Tech Computers 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.

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.

Any addition to system other than specified on the quote is applicable to additional development cost. All costs are to be discussed and approved before add-ons and additions are developed and implemented.

  • Normal Development Rates: R400 per hour.
  • Support on Weekends: R600 per hour.
  • Support after hours 5pm-12am R800 per hour.

Software carries a 1 month guarantee after implementation and hand over of log in details. During this period all bugs and errors are to be reported to IT Tech Computers. Bugs will be fixed at no cost. Bugs found after this period falls under maintenance at the development cost at the rate of R400 per hour.

Any feature required to software that is not mentioned in the quote is subject to additional cost.

If payment of the final balance of the website is received, IT Tech Computers will accept that the client is satisfied with the website and that the project is complete. Unless otherwise stated in writing within 7 Business days after the log in details have been handed over.

The Client shall, within 7 business days after receiving the log in details, notify it tech computers in writing of any failure to comply with the specification of the quote or of any other objections, corrections or changes required. IT Tech Computers shall, within 14 business days of receiving Clients notification, correct and submit new details to the Client. Client shall, within 7 business days of receiving a revised website, either approve the corrected version or make further changes. If after 3 corrections by IT Tech Computers, Client finds the changes are not acceptable, Client may terminate this agreement subject to the termination clauses of this Agreement. If Client fails to provide approval or comments during any approval period, those Deliverables will be considered approved and accepted. All objections, corrections and changes shall be subject to the terms and conditions of this Agreement.

CLIENT RESPONSIBILITIES

Client acknowledges that they are responsible for performing the following in a reasonable and timely manner: (a) Provide Content in a form suitable for use in the Deliverables without further preparation by IT Tech Computers, unless otherwise specified in the quote; (b) Proofread all Deliverables. Client will be charged for correcting errors after the acceptance of any Deliverable; (c) Make decisions regarding other parties.

The client shall not change the scope of the work after it is agreed upon by both parties. Should the client wish to change the scope of the project, IT Tech computers may, at their own discretion, cancel the project under the termination clause of the Terms and Conditions and invoice the client for any outstanding amounts due on the website. Should the website be considered complete according to our quote the full amount for the website will be charged to the client. Any additional work the client would like on the changed project may be charged at an additional rate and will require a new quote. This will then be considered a new project separate from the old one.

Termination

Either party may terminate this agreement at any time and for any reason by giving the other party written notice of same. The work on the site will cease immediately and any outstanding amounts due by the client must be settled within seven day after receipt of final invoice.  If Client terminates the Agreement under this section, Designer shall hand over any log in details etc. the client may require for the site, provided full payment for the work done has been received.

Formal complaints procedure

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

Refunds

IT Tech Computers will not refund deposits for work already performed on clients design projects or hosting fees/web administration agreements that have been paid in advance.  We guarantee to honour our obligations of service as we expect our clients to honour theirs.

Post Project Alterations

IT Tech Computers cannot accept responsibility for any alterations caused by the Client or a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions. IT Tech Computers may require a one-off Web Development charge before resolving any issues that may arise.

Any post project alterations made by IT Tech Computers to system is applicable to additional development cost. All costs are to be discussed and approved before add-ons and additions are developed and implemented.

  • Normal Development Rates: R400 per hour.
  • Support on Weekends: R800 per hour.
  • Support after hours 5pm-8am R800 per hour

Liability and Warranty Disclaimer

IT Tech Computers provides their web site and the contents thereof on an “as is” basis and makes no warranties with regard to the site and its contents, or fitness of services offered for a particular purpose. IT Tech Computers cannot guarantee the functionality or operations of their web site or that it will be uninterrupted or error free, nor does it warrant that the contents are current, accurate or complete.

The Client agrees IT Tech Computers is not liable for absence of service as a result of illness or holiday.

The Client agrees IT Tech Computers is not liable for any failure to carry out services for reasons beyond its control including but not limited to: acts of God, telecommunication problems, software failure, hardware failure, third party interference, Government, emergency on major scale or any social disturbance of extreme nature such as industrial strike, riot, terrorism and war or any act or omission of any third party services.

IT Tech Computers is not liable for any consequences or financial losses such as, but not limited to, loss of business, profit, revenue, contract, data or potential savings, relating to services provided.

On handover of files from IT Tech Computers to Client, the Client shall assume entire responsibility in ensuring that all files are functioning correctly before use.

Whilst every effort is made to make sure files are error free, IT Tech Computers cannot guarantee that the display or functionality of the web design or the web site will be uninterrupted or error free. If after handover of files errors are found in code the developer has created, domain name setup and hosting setup are the same as when work began, then IT Tech Computers can correct these errors for the Client at its own discretion, but will not be held liable for these errors.

IT Tech Computers may from time to time recommend to the Client that updates are needed to their site to comply with, including but not limited to, new legislations, software releases and web standards. IT Tech Computers reserves the right to quote for any updates as separate work. Client agrees IT Tech Computers is not liable for any failure to inform or implement these updates to their site. Client agrees that it shall defend, indemnify, save and hold IT Tech Computers harmless from any demands, liabilities, costs, losses and claims arising from omission to inform or implement these updates.

Nondisclosure

IT Tech Computers and any third party associates agrees that, except if directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information. Likewise, the Client agrees that it will not convey any confidential information about IT Tech Computers to another party.

Privacy Policy

This website uses website statistical analytics by Google Analytics by Google, Inc. both use cookies – text files – stored on your computer to analyse users visiting the website. Your IP address and non-identifiable information is sent to Google and used to provide evaluation of website use. Google may send this information to third parties if required by law, or where information is processed on their behalf by third parties. Google does not associate your IP address with other data held by them. You can switch off cookies on your web browser but in doing so, it may restrict website functionality. In using this website, you accept the terms of this privacy policy and consent to the processing of data by Google.

In projects IT Tech Computers and any third party associates shall use information provided by a Client in relation to this agreement in accordance with the current Data Protection Act and also for the following purposes 1) to identify the Client in communications with them 2) to contact the Client from time to time to offer them services or products which may be of interest to or benefit the Client.

Interpretation

IT Tech Computers reserves the right to terminate a project with a Client at any time without prior notification if it finds the Client in breach of these terms and conditions. IT Tech Computers shall be the sole arbiter in deciding what constitutes a breach. No refunds are given in such a situation.

This agreement shall be governed by the laws of South Africa, which shall claim venue and jurisdiction for any legal motion or claim arising from this agreement. This agreement is void where prohibited by law.

Where one or more terms of this contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law.

All matters pursuant to this agreement are governed by South African Law and are under exclusive jurisdiction of the South African Courts.

IT Tech Computers reserves the right to alter these Terms and Conditions at any time without prior notice, the latest terms and conditions can be found at the IT Tech Computers web site at www.it-techcomputers.co.za.

By accepting a quotation or making a payment of deposit to use the services supplied, the Client acknowledges to have accepted the Terms and Conditions of this Agreement, and agrees to be legally binding by these Terms and Conditions.

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s payment of deposit constitutes agreement to and acceptance of these Terms and Conditions. Payment via eft or at our shop is an acceptance of our terms and conditions.

Cooling Off Period

Cooling off period is 7 days after receiving the product, where after the client is accountable for the full outstanding amount and we therefore accept that the client is satisfied with the product/service received.