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Terms and Conditions PDF Print E-mail


Slyce Design was established in 2006 and has been offering its services to the public ever since. We provide various Web services. Examples of such web services are web design, web development, search engine optimisation and marketing campaigns and hosting and development services.

TERMS OF SERVICE
Please be sure to read our Terms of Service should you use this web site or purchase any of our services and/or products. Purchasing products and/or services from us constitutes that you have read, understand and agree to our Terms of Service.

USE OF SITE
You may only use this site to browse the content, make legitimate purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchase. This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. 'Deep-linking', 'embedding' or using analogous technology is strictly prohibited. Unauthorised use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.

COMMENCEMENT, DURATION AND TERMINATION
The agreement shall commence upon acceptance of the quote by client and shall continue indefinitely thereafter, provided that either party shall be entitled to terminate this agreement (or any specific product applied for) on one calendar month’s written notice to the other to that effect.

2. PAYMENT
2.1.1. All fees payable in terms of this agreement shall be payable within 30 days of receipt of the invoice.
2.2. There shall be no obligation on Slyce Design to send invoices and/or statements to the client indicating what annual amounts are due by the client to Slyce Design. The client shall not be entitled to invoke the defense that the annual fees payable for services in terms of this agreement have not been paid due to late or non-receipt of annual invoices and/or statements.
2.3. Partial refunds can be claimed within 30 days - see Terms of Service
2.4. Slyce Design shall be entitled to increase any charges payable by the client on thirty days notice, which may include e-mail notification.
2.5. The client shall not be entitled to any setoff, discount, refund or other credit in respect of any suspension or interruption of or delay in service.
2.6. Should the client fail to pay any amount owing to Slyce Design on due date, Slyce Design shall be entitled, in its discretion and without prejudice to any other rights which it may have, to cancel this agreement without notice to the client, or to suspend performance of its obligations pending full payment by the client.
2.7. In the event that the client's payment is stopped, unmet by its bank or returned unpaid, Slyce Design shall be entitled to charge the client a processing fee per failed payment, along with all other fees outstanding and any legal costs incurred.
2.8. In addition to the foregoing, Slyce Design shall be entitled to charge interest at a rate of 2% per month above the prime bank rate of interest quoted by Standard Bank of South Africa on any amounts payable by the client to Slyce Design and not paid within thirty days of due date.
2.9. The client shall be liable for any and all expenses incurred by Slyce Design on an attorney and client scale whether incurred prior to or during institution of legal proceedings or if judgement has been granted, in connection with the satisfaction of such judgement, in regards to the enforcement of this agreement.
2.10. The client agrees that in the event that any amounts are owing to Slyce Design by the client and Slyce Design being in possession of any of the client’s property, Slyce Design shall have a bona fide lien over such property and shall have the right to retain such property until all outstanding amounts have been paid to Slyce Design.

3. MONITORING AND TERMINATION RIGHTS
3.1. The client acknowledges that Slyce Design has no knowledge of, nor interest in, nor in any way contributes to, nor approves the creation of, the client’s content as hosted by Slyce Design and/or published by the client on the client’s web site and/or the client’s web server (whether owned by the client or rented from Slyce Design) and/or published otherwise through use of any of Slyce Design’s products or services and that hosting or publication of certain kinds of content may be offensive, unlawful, in breach of codes of conduct binding on Slyce Design, violations of legislation (including regulations), violations of the common law generally, and violations of the requirements and rules of any regulatory authority and that hosting and publication of certain kinds of content may cause harm to the name, goodwill and reputation of Slyce Design, its affiliates, and its business partners.
3.2. Accordingly the client agrees, if Slyce Design in the exercise of its sole discretion is of the opinion that the client’s content is offensive, unlawful, or harmful, as set out above, that Slyce Design, without derogating from any of its other rights in terms of this agreement, may:
3.2.1. request the client forthwith to remove the offensive, unlawful, or harmful content, as the case may be; or
3.2.2. request the client forthwith to amend or modify the content; or
3.2.3. without notice terminate access to the client’s web site and/or the client’s server (whether owned by the client or rented from Slyce Design) and/or suspend or terminate access to Slyce Design’s products or services; or
3.2.4. without notice delete the client’s web site from the server.   
3.3. The client agrees that nothing that Slyce Design does in the performance of its obligations in terms of this agreement or in the carrying on of its business generally shall be construed as an assumption of responsibility or liability by Slyce Design for the client’s content and the publication thereof, whether or not Slyce Design had knowledge of such content and the client hereby indemnifies Slyce Design and holds it harmless against any liability and any claims of whatever nature made by any person for any loss or damage suffered arising directly or indirectly from the hosting and/or publication of the client’s content as well as any other data of the client.
3.4. Slyce Design shall use all reasonable endeavours to notify the client of any action taken in terms of clause 3.2 above, but does not warrant that notice shall be given to the client prior to such action being taken.

4. DISCLAIMER FOR LIABILITY
4.1.1. The client shall have no claim against Slyce Design and the client hereby indemnifies and holds Slyce Design free from liability in respect of any loss, damage or cost caused by or arising from:
4.1.2. any fact or circumstances beyond the reasonable control of Slyce Design; or
4.1.3. any downtime, outage, interruption in or unavailability of any of the services or the Slyce Design network infrastructure as a result of or attributable to any of the following causes:
4.1.3.1. software or hardware service, repairs, maintenance, upgrades, modification, alterations, replacement or relocation of premises;
4.1.3.2. the non-performance or unavailability, of whatever nature and howsoever arising of any of the services provided by Telkom (including, but not limited to, line failure) or in any international services or remote mail servers;
4.1.3.3. the non-performance or unavailability, of whatever nature and howsoever arising, of external communications networks to which the client’s server or the Slyce Design network is connected;
4.1.3.4. the service, repairs, maintenance, upgrades, modification, alterations or replacement of any hardware forming part of the client’s services or any faults or defects of whatever nature in such hardware;
4.1.4. any infringement of the client's rights of privacy and/or any other like rights (including those of any other person or entity), arising from the services provided in terms of this agreement;
4.1.5. any breach of security by any third party or any breach of confidentiality by a third party or otherwise arising from any access howsoever obtained by a third party to the client's information, data or content;
4.1.6. the damage, contamination or corruption of any kind of the client’s data, material, information and/or content howsoever occasioned;
4.1.7. any service, repairs, maintenance, upgrades, modification, alterations, replacement or work of any nature done on the client’s hardware, software or systems by any party other Slyce Design;
4.1.8. without limiting the foregoing, any fact, cause or circumstances whatsoever and howsoever arising if Slyce Design has substantially performed its obligations under this agreement.
4.2. Notwithstanding anything to the contrary contained in this agreement or in any addendum or annexure to this agreement, the client shall have no claim against Slyce Design and the client hereby indemnifies and holds Slyce Design free from liability in respect of any loss, damage or cost which is indirect, consequential or incidental in nature.
4.3. Slyce Design reserves the right to take whatever action it deems necessary at any time to preserve the security and reliable operation of the Slyce Design network and the client undertakes that it will not do or permit anything to be done which will compromise the security of the Slyce Design network.
4.4. Although Slyce Design shall use reasonable endeavours to provide disaster recovery, Slyce Design does not specify any recovery time, nor shall Slyce Design be liable for any loss or damage of whatever nature incurred or suffered by the client from any cause whatsoever as a result of Slyce Design's failure to provide, or delay in providing, or providing only partial, disaster recovery. The client is accordingly advised to make back-ups of its data. Nothing contained in this paragraph should be construed as a representation that any back-ups of data implemented by client will be successful or in any way will avoid disaster.

5. MAINTENANCE AND REPAIR
Slyce Design may temporarily suspend its obligations in terms of this agreement in order to service, repair, maintain, upgrade, modify, alter, replace or improve any of Slyce Design's services. Where the circumstances permit, Slyce Design shall use its best endeavours to provide prior notice of any such suspension to the client. The client shall not be entitled to any setoff, discount, refund or other credit in respect of any such suspension of service nor in respect of any suspension that is beyond Slyce Design's control.

6. INTELLECTUAL PROPERTY
6.1. All intellectual property rights vested in or owned by a party or held by a party under any licensing agreement with any independent third party (including, but not limited to, intellectual property rights obtained or developed by a party after commencement of this agreement), shall be and remain the sole property of such party and the relevant licensor's respectively.
6.2. The client shall not be entitled to use any of the trademarks, logos, brand names, domain names or other marks (collectively referred to herein as "marks") of Slyce Design without the prior written approval of Slyce Design. The client hereby grants Slyce Design a non-exclusive licence to use the client’s marks but only to the extent necessary or required by Slyce Design to exercise its rights or fulfil its obligations under this agreement.
6.3. Other than specifically provided in this agreement, Slyce Design shall wholly and exclusively retain all existing and become the exclusive and unencumbered owner of all intellectual property right(s) employed in or otherwise related to the Slyce Design network infrastructure, the Slyce Design e-commerce network infrastructure, Slyce Design’s business and the provision of any of the services in terms of this agreement.


7. DISCLAIMER OF WARRANTY
The contents of this site are provided "as is" without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement.
The owner of this site, the authors of these contents and in general anybody connected to this site in any way, from now on collectively called "Providers", assume no responsibility for errors or omissions in these contents.
The Providers further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of these contents. The Providers shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including -without limitation- data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if the Providers have been informed of the possibilities of such damages. The Providers cannot assume any obligation or responsibility.
The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect.

8. DELIVERY POLICY

When you click to make a purchase with us, legal obligations arise and your right to refund of monies charged to your credit card or paid in any other way agreed by us, are limited by our terms & conditions and terms of service agreements. You must not make any purchase through this site unless you understand and agree all our terms and conditions. Once payment is made for the purchase, it is deemed that you have read and understood the terms and conditions for such purchase. If you have any queries please contact us before making any purchase for any service through this website.

Please feel free to contact us, our details can be found here.


9. SERVICE TERMS

  • Any variations from the package structures will incur additional charges.
  • 50% of the development total is to be paid on approval of the quote. The balance must be paid on completion of the project.
  • No development will be published live or delivered to you until the relevant balance of payment has been received and your acceptance has been recorded in writing.
  • Only payment via bank guaranteed cheque, electronic funds transfer or cash will be accepted.
  • All content (copy, images, logos etc.) is to be supplied by you in the relevant format and you should ensure that there are no copyright infringements as you will be accountable for this.
  • E-mail correspondence will be considered as formal acceptance of any development. Website Look and Feel The layout (look and feel) will be designed within the quoted time frame, provided you have supplied us with the information you would like on your home page. For example: link names, photos, logo, content and colours etc.
  • Please ensure that we receive all the relevant information for your site within 3 working days of your sign off, so that we can ensure the site is completed in a professional and efficient manner. Should we not receive all of the content within this period, we will assume that you have sent us everything, and we will complete the project.
  • All projects designed by Slyce Design may contain a footnote, which will form a link to our website.
  • All projects (websites, animations, look and feels etc) remain the property of Slyce Design until full payment has been made.
  • Quotations are valid for a period of 30 days from quotation date.
  • You receive twelve free content (excluding design changes) per annum.

10. Exclusivity of Design
Some of our websites make use of templates sourced from third party companies which are subsequently modified in terms of the clients specific requirements. Some of our websites also make use of the free and open source content management system, Joomla. All of the images used in the design of our products are purchased legally and we retain the rights to the pictures, only transferring the right to use the images on your website. Images may not be used anywhere else without written consent from Slyce Design. By agreeing to these terms you agree to your knowledge and acceptance of the above.

    Last Revision: 22 March 2010