Terms and Conditions

Terms and Conditions of Sale

  1. Definitions
    • “Agreement” means this Application for Website Development, Web Hosting and/or Management Services as varied from time to time; being an agreement between BrandRank and the Customer.
    • “Company” refers to BrandRank.
    • “Customer” refers to the legal entity applying for the Service, being the person or company who has signed the Agreement.
    • “Service” refers to the website development, web hosting, management service and/or other services provided by the Company to the Customer.
    • “Account” refers to the website created for the Customer by the Company.
    • “Intellectual property” refers to the website functionality developed by the Company.

     

    • All notices must be in writing and must be sent by email, post or hand delivery. The postal and email addresses and of the Company and the Customer appear on the application form.
    • The Agreement commences on signing of the application form or payment of customer’s first invoice.
    • This Agreement shall be interpreted and enforced according to the laws of South Africa.
    • This Agreement represents the entire agreement between the Company and the Customer and supersedes all prior agreements or understandings whether written or oral regarding the Service.
    • Where the terms of this Agreement are inconsistent with the provisions of the commercial laws of the Republic of South Africa, those terms shall be excluded from this Agreement.
    • All implied warranties, terms and conditions shall, except where otherwise provided by the statute, be excluded from the Agreement.

     

  2. Customer responsibilities
    • The Customer understands that transmission or storage of data is not necessarily secure or confidential. The Customer transmits or stores data at the Customer’s own risk.
    • The Customer shall provide all computer and telecommunication hardware and software required to access the Account, and shall properly acquire, configure and operate such hardware and software.
    • The customer agrees not to breach copyright or operating methodology by gaining access to the Company’s intellectual property and distributing, copying or reselling the company’s intellectual property. The customer acknowledges that this is a breach of this agreement and license to use this account is conditional upon payment of the monthly management fees.
    • The Customer indemnifies and shall keep indemnified the Company in respect to any loss or damage suit or proceeding against the Company by any person with respect to the use of the Customer’s account, including, but not limited to, transmission of an illegal, fraudulent, copyrighted or defamatory material.
    • Should the Customer be a legal business entity or partnership, the directors/partners jointly and severally accept any liabilities arising from the Agreement.
    • The Customer agrees not to utilise the account for any fraudulent or criminal activities, including, but not limited to, transmission of copyright materials, illegal, threatening, obscene or libellous material and will use the account solely for the purposes outlined in the agreement.
    • Customer agrees that the service is exclusive, confidential and non-transferable, unless by agreement with the Company.
    • The Customer agrees to be personally liable for the actions of any other persons who are allowed, either deliberately or through negligence, to gain access to the customer’s Account.

     

  3. Provision of Service
    • The Company reserves the right to deny access to any potential Customer at its discretion.
    • The Company reserves the right to examine any information on the Customer’s Account
    • Advice provided by the director or employee of the Company is provided in good faith. Any Customer acting on the advice does so at the Customer’s own risk, and agrees to indemnify the company against any damage or loss resulting from acting upon such advice.
    • Software provided by the Company is used by the Customer at the Customer’s own risk. The Company cannot be held liable for any damage to hardware or software resulting from the use of software provided by the Company.
    • The Company, or any representative the Company may appoint, shall administer collection of monies due by the Customer to the Company.
    • Subscription to any Service provided by the Company entitles the Customer to use the facilities except where an exclusion or restriction has been made or requested. However, any failure by the Customer to use the Services does not absolve the Customer from responsibilities under this Agreement and in particular (but without limitation) from the obligation to pay service fees and all and any further costs of collection incurred by the Company.
    • Monthly services not used by the Customer are not carried over to the following month.
    • Although websites are constantly updated for managed customers and measures are taken to protect websites, the Company cannot be held responsible for any website that is hacked. In some cases, a hacked website will have to be completely rebuilt. The cost of recovery of a hacked website will be for the Customer’s account.

     

  4. Payment terms
    • The Customer agrees that all monies are non-refundable and service and subscription fees are payable in advance.
    • Not using the Account does not relieve the Customer of obligation to pay for the service.
    • Fees will continue to accrue during any period of disconnection or suspension of the Service where such disconnection or suspension is the result of non-payment or late payment of monies due.
    • Where amounts due to the Company by the Customer remain overdue for more than fourteen (14) consecutive days, the Company may, at its absolute discretion, consider this a cancellation by the Customer of the service and may notify the Customer accordingly. Any sums paid to date of cancellation are non-refundable and all payments still outstanding shall become immediately due and payable without the necessity of any formal notice or demand. This includes the full balance due for the remainder of any contracts.
    • The online payment processor used by the Company is secure and not under the control of the Company. The company does not have any access to the Customer’s banking or credit card information.
      The Company reserves the right to suspend the Customer’s Account upon non-payment or rejection of any credit card charges.
    • The Company does not accept cheque payments. Payments can be made through EFT or cash. The company does not manage automatic subscription payments. The Customer is required to make payment on monthly subscription invoices.
    • The Company does not accept any responsibility for the Customer’s telephone bills, including those for the cost of accessing the Account or Service. While employees of the Company may provide advice regarding telephone carrier charges, the Customer is required to verify this advice by contacting their carrier directly for confirmation that calls to the number being dialled for connection to the Service will be billed by the Carrier at the rate for local calls.
    • The user is required to take full responsibility for the connection to the internet to access the Service and pay the respective charges to the internet service provider. The Company is not responsible for this charge.
    • The Customer will be responsible for the cost of excess data transfer that is not included in the service charges.
    • The Customer will be liable for the cost additional services not included in their chosen Service.
    • Early cancellation of contracts will result in the full balance of the contract becoming due immediately.
    • Domain transfers will not be accepted until all outstanding payments have been made.
    • The Company may change fees or conditions on 30 written days’ notice.

     

  5. Company’s Responsibilities
    • The company agrees to provide the Customer an Account that is easy to update and will provide continued support for the duration of the Agreement – The list of services prices are available on the Company’s website.
    • The company will provide additional services to the Customer upon payment of prescribed fees. The list of additional services is available on the Company’s website. These fees will be billed to the customer.
    • The company will take all reasonable steps to ensure the Customer’s account is operational.
    • The method of support remains at the sole discretion of the company. The Company may choose to use email, fax, telephone or personal visit.

     

  6. General
    • Neither party shall be responsible for delays or failures in performance resulting from acts beyond its control, such as acts of God, acts of war, epidemics, civil insurrection, riot, power outages, fire, earthquakes and other disasters.
    • The terms and conditions of this agreement supersede any previous agreement, or statement of terms and conditions between the Company and the Customer.
    • The Customer accepts that the Company will send invoices and reports by electronic mail and that the Company will, from time-to-time send newsletters to the Customer. The Customer gives the Company permission to add the Customer to the required mailing lists.
    • The Company will not share the Customer’s details with any 3rd party.
    • This agreement is subject to a minimum of contract, as detailed below and on the product details pages on the website; thereafter the contract will be month-to-month. You will then be able to cancel your subscription with 30 days written notice.
      • Managed Website Packages (excluding the Micro Business Blaster Package) – 12 month contract
      • Micro Business Blaster Package and OnePage Website – 12 month contract.
    • Should the Customer decide to terminate the service contract, once the contract is complete, but continue to use the website hosting services, the Customer will still be billing for hosting at the normal website hosting rate.
    • Should the Customer wish to transfer their website to another service provider, the Company will create and allow access of a backup of the website to the new Customer at a rate of R250-00 which is payable on request. The backup will only be created once the payment has been received.
    • The Company, for the purposes of marketing, will add a ‘Built by BrandRank’ or a “Built and Managed by BrandRank’ link in the footer of the website. The 30% discount for this link has already been applied to the quoted prices and pricing on the website.

By the use of the Account and payment for the Service, the Customer accepts the terms and conditions set forth in this agreement.