MEDIA BY DESIGN
Call us now for more information on how we can make your online presence an easy, stress free experience!
IN CERTAIN INSTANCES, THESE TERMS AND THE SPECIFIC TERMS MAY LIMIT ENGINEERED MEDIA’S LIABILITY. WE ASK THAT YOU PLEASE TAKE SPECIAL NOTE THEREOF AND READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES. BY USING OUR SERVICES YOU ACCEPT THESE TERMS.
|1.1||Engineered Media’s Websites, www.engineeredmedia.co.za and www.engnet.co.za (collectively “Websites”) are made available, owned and operated by Engineered Media CC (bearing registration number: 1996/027626/23). Any reference to “Engineered Media” includes its employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, advisers, sub- contractors, service providers, suppliers and related entities. Any reference to “Customer”, “you” or “your” refers to the person or entity using the Services.|
|1.2||These Terms apply to any person who uses Engineered Media’s Websites, products or services, including outsourced services and hosting (“Services”).|
|1.3||If you access and/or use the Services you signify that you have read, understood and agree to be bound by the Terms in your personal capacity and/or for and on behalf of any entity on whose behalf you are using the Services.|
|1.4||To the extent permitted by applicable law, we may change the Terms (applicable going forward) without first giving you notice. Changes to the Terms will be noted on the Terms and will take effect when posted on Engineered Media’s website, unless a later date is given on the revised Terms. Your continued use of the Services will be considered consent to the amended Terms, and your use will be conditional on the Terms in force at the time of use. Your only remedy, if you do not agree to the Terms, is to stop the use of the Services.|
|1.5||References in these Terms to ‘include’, ‘including’, ‘following’ and ‘in particular’ must be interpreted without limitation.|
|1.6||When any number of days is agreed on, the period will exclude the first day and include the last day unless otherwise stated. If the last day falls on a day which is not a Business Day, then the last day will be the immediate following Business Day.|
Engineered Media offers online media solutions with numerous digital strategies. Each product or service offered by us is subject to Specific Terms governing those services. The Specific Terms are in addition to these Terms. That means that both these Terms and the Specific Terms of service in respect of each product or service are applicable. If there is any conflict between the two, the Specific Terms of the relevant product or service will apply. If any of the Specific Terms are silent with regard to a specific topic/s, the terms in these Terms governing that topic will apply.
|3.1||Quotations: Any quotation or costs published on our Websites are only valid for 30 (thirty) days. After the Customer has accepted the quotation in writing, the price will remain valid for a further 6 (six) months. After the 6 (six) months Engineered Media may revalidate the quote, or re-quote, both at Engineered Media’s sole discretion.|
|3.2||The quotation is considered accepted if we receive written confirmation from you that you’ve accepted it, a signed quotation or if you make any payment to us in terms of the quotation. Attaching additional terms to your acceptance of the quotation will not amend these Terms, the Specific Terms where applicable, or to any terms on the quotation, unless they are expressly agreed to in writing by an authorised representative of Engineered Media.|
|3.3||Invoices are due and payable within 30 days from the date of invoice. Interest will be charged on all overdue payments. Interest will be charged at 2% above the prime lending rate charged from time to time, per annum, by Engineered Media’s bank.|
|3.4||Payments must be made in advance.|
|3.5||Payment may be made directly into our bank account by way of EFT or by way of a debit order, if so agreed. Banking details will appear on your quotation.|
|3.6||All prices exclude VAT.|
|3.7||No Service will be provided until the payment reflects in our bank account. Proof of payment will not replace this requirement.|
|4.1||Before a project will be scheduled or started, all payments which are due must be paid by the Customer.|
|4.2||Once payment is received the Customer must make sure Engineered Media receives all copy, images and other content (collectively “Content”) that may be required for the purposes of the project.|
|4.3||If the Customer is required to send any Content to Engineered Media but doesn’t within 30 (thirty) calendar days of its acceptance of the quotation Engineered Media may in its sole discretion terminate and archive the project.|
|4.4||If at any time during a project the Customer doesn’t do something required of it, like make payment, send Content or finalise acceptance of the project the project may be archived.|
|4.5||If a project is archived or terminated, the quotation given to the Customer will no longer be valid and Engineered Media will issue a new quote if the Customer decides it wants to continue the project or enquire about other Services at a later date.|
|4.6||If a project is archived in terms of clause 4.4 above because the Customer has not reviewed the project according to clause 5.1 below, then the quoted amount for the project will become immediately due and owing by the Customer.|
|5.1||Review: When any project is completed, the Customer will have the opportunity to review the project. The project is considered accepted/approved unless the Customer notifies Engineered Media otherwise, within 20 (twenty) calendar days of the date the project materials are made available to the Customer for review.|
|5.2||Electronic Formats: Unless we agree otherwise, all quotes are on the basis that the Customer will provide all information/content in a suitable electronic format. Images must be provided in jpg, gif, png, tif, psp and bmp. Text must be provided in an editable format, such as, doc, xls and txt. Acceptance of other formats is at Engineered Media’s sole discretion.|
|5.3||Spelling and Grammar: Unless specifically quoted for or we agree otherwise, Engineered Media does not check the grammar and spelling of Content provided by the Customer. This is the Customer’s responsibility.|
|5.4||Meetings: Unless specifically quoted for or we agree otherwise, the quote assumes that any meeting needed with Engineered Media designers or developers will be held at Engineered Media’s offices. If we need to meet at a Customer’s premises, that can be arranged and will be charged for at the relevant rate.|
|5.5||Warranty: If an error in the product arises within 90 (ninety) days after the date of acceptance of the product by the Customer, Engineered Media will fix the error to ensure that the product meets the specifications agreed on in the relevant quotation. This warranty will not arise if the error is caused by the Customer’s (or representative) negligence or wilful misconduct.|
|6.1||It is the Customers’ responsibility to ensure that all data, formats and content is properly backed up. Engineered Media uses reasonable measures to ensure that it doesn’t lose any content which you may provide or upload to our servers from time to time, but it is your obligation to keep copies and back-ups. ENGINEERED MEDIA WILL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGES OF ANY KIND, WHICH YOU MAY SUFFER AS A RESULT OF THE LOSS OF CONTENT, FOR ANY REASON WHATSOEVER.|
|7.1||The Customer warrants and represents:|
|7.1.1||that the information provided to us is and will remain accurate, true and correct;|
|7.1.2||that the Customer will update the information held by Engineering Media to reflect any changes as soon as possible;|
|7.1.3||that if the Customer is using the Services on behalf of an entity, the Customer is authorised to act on behalf of and bind the entity;|
|7.2||The Customer further warrants that when using the Services, you:|
|7.2.1||are not impersonating any person or entity; and|
|7.2.2||are not violating any applicable law regarding use of personal or identification information.|
|8.1||In submitting any Content the Customer makes the following representations and warranties:|
|8.1.1||all rights in and to the Content (including all rights to the reproduction and display of such Content) are owned by the Customer or have been legally obtained by the Customer;|
|8.1.2||all necessary license fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of the Content, if any, have been paid before you submit it to Engineered Media;|
|8.1.3||the Content does not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;|
|8.1.4||the Content does not violate any law including, but not limited to, those governing export control, consumer protection, unfair competition, or false advertising;|
|8.1.5||By submitting Content the Customer grants Engineered Media an irrevocable, perpetual, transferable, non-exclusive, fully paid, worldwide, royalty free license (sub-licensable through multiple tiers) to utilise the Content for the purposes of providing the services as agreed on.|
|9.1||Engineered Media makes no express, implied or statutory representations, warranties, or guarantees in connection with the Services relating to the quality, suitability, truth, accuracy or completeness of any information or material contained or presented on the Websites.|
|9.2||Unless we expressly say otherwise and to the maximum extent allowed by applicable law, any information or material contained or presented on our Websites is provided to you on an “as is,” “as available” basis with no warranty of implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. We do not warrant the timeliness, workmanship, or completion of the Websites. We do not provide any warranties against viruses, spyware or malware that may be installed on your computer as a result of you accessing or using the Websites.|
|9.3||Without limiting the above Engineered Media makes no warranty that the Websites will meet the Customer’s requirements, or that the Websites will be uninterrupted, timely, secure, error free or that defects will be corrected.|
|9.4||Engineered Media makes no warranty as to the results that may be obtained from the use of the Websites or Services or to the accuracy or reliability of any information obtained through the Websites.|
|9.5||To the maximum extent allowed by applicable laws, we denounce any fiduciary responsibilities to any Customers of the Service.|
|10.1||In submitting any Content the Customer makes the following representations and warranties:|
|10.1.1||All rights in and to the Content (including all rights to the reproduction and display of such Content) are owned by the Customer or have been legally obtained by the Customer;|
|10.1.2||All necessary license fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of the Content, if any, have been paid before you submit it to Engineered Media;|
|10.1.3||The Content does not violate any law including, but not limited to, those governing export control, consumer protection, unfair competition, or false advertising;|
|10.1.4||By submitting Content the Customer grants Engineered Media an irrevocable, perpetual, transferable, non-exclusive, fully paid, worldwide, royalty free license (sub-licensable through multiple tiers) to utilise the Content for the purposes of providing the services as agreed on.|
|10.1.5||To use any data mining, robots, or similar data gathering or extraction methods in connection with the Websites; or|
|10.1.6||Attempt to gain access to any portion of the Websites, to which you are not ordinarily permitted, or any other accounts, computer systems, or networks connected to the Websites, whether through hacking, password mining, or any other means.|
|11.1||Engineered Media’s products and the contents of the Websites are the property of Engineered Media with the exception of artwork provided by the Customer. Engineered Media is protected by South African and international copyright laws. We do not permit copyright infringing activities and infringement of intellectual property rights through the use of our Services.|
|11.2||Except as stated in the Terms, none of the contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under the South African copyright laws or without our prior written permission or the copyright owner (in respect of a vendor). If consent is provided, we reserve our right to withdraw the consent at any stage, in our sole discretion.|
|11.3||You are expressly prohibited to “mirror” any content contained on the Websites on any other server unless with our prior written permission. If consent is provided, we reserve our right to withdraw the consent at any stage, in our sole discretion.|
|11.4||You may not use our logo or other proprietary graphic or trademark as part of any link without our express permission.|
You may not assign your rights and/or obligations under these Terms to any other party without our prior written consent. We may assign our rights and/or obligations under these Terms to any other party at our discretion and without any prior notice to you.
|13.1||You agree not to attempt to decipher, decompile, disassemble or reverse engineer any of the software or code comprising or in any way making up a part of the Services including any algorithm used by us.|
|13.2||We either own or are licensed to use all intellectual property on the Websites. You may not use any of our intellectual property for any purpose other than may be required to use the Services for its intended purpose.|
|14.1||THE WEBSITES ARE USED ENTIRELY AT YOUR OWN RISK.|
|14.2||YOU INDEMNIFY US AND UNDERTAKE TO KEEP US INDEMNIFIED AGAINST ANY LOSSES, DAMAGES, COSTS, LIABILITIES AND EXPENSES (INCLUDING WITHOUT LIMITATION LEGAL EXPENSES AND ANY AMOUNTS PAID BY US TO A THIRD PARTY IN SETTLEMENT OF A CLAIM OR DISPUTE ON THE ADVICE OF OUR LEGAL ADVISERS) INCURRED OR SUFFERED BY US ARISING OUT OF ANY BREACH BY YOU OF ANY PROVISION OF THESE TERMS OR ARISING OUT OF ANY CLAIM THAT YOU HAVE BREACHED ANY PROVISION OF THESE TERMS.|
|14.3||ENGINEERED MEDIA’S LIABILITY IS LIMITED TO THE CORRECTION OF ERRORS OR, AT ENGINEERED MEDIA’S SOLE DISCRETION, TO REFUND THE APPLICABLE PORTION UP TO A MAXIMUM OF THE PROJECT QUOTE VALUE WITH NO FURTHER LIABILITY.|
|14.4||TO THE EXTENT ALLOWED BY LAW WE EXCLUDE ALL IMPLIED REPRESENTATIONS AND WARRANTIES WHICH, BUT FOR THESE TERMS, MIGHT APPLY IN RELATION TO YOUR USE OF THE WEBSITES.|
|14.5||NOTHING IN THESE TERMS WILL: (A) LIMIT OR EXCLUDE OUR OR YOUR LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE; (B) LIMIT OR EXCLUDE OUR OR YOUR LIABILITY FOR FRAUD OR FRAUDULENT MISREPRESENTATION; (C) LIMIT ANY OF OUR OR YOUR LIABILITIES IN ANY WAY THAT IS NOT PERMITTED UNDER APPLICABLE LAW; OR (D) EXCLUDE ANY OF OUR OR YOUR LIABILITIES THAT MAY NOT BE EXCLUDED UNDER APPLICABLE LAW.|
|14.6||TO THE EXTENT THAT THE WEBSITES AND THE INFORMATION AND SERVICES ON THE WEBSITE ARE PROVIDED FREE-OF-CHARGE, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY NATURE.|
|14.7||YOU INDEMNIFY (HOLD US HARMLESS) FROM ANY LIABILITY AND AGREE TO DEFEND US AGAINST LIABILITY THAT MAY ARISE FROM CIVIL OR CRIMINAL PROCEEDINGS INSTITUTED AGAINST US OR FOR ANY LOSS OR DAMAGE YOU OR A THIRD PARTY HAVE SUFFERED BECAUSE OF ANY INTERRUPTION OR UNAVAILABILITY OF THE SERVICES.|
|14.8||YOU INDEMNIFY US, HOLD US HARMLESS AGAINST AND AGREE TO DEFEND ENGINEERED MEDIA AGAINST ALL LOSSES YOU HAVE SUFFERED OR ACTIONS AGAINST US AS A RESULT OF: THE USE OF THE SERVICES (BY YOU OR YOUR OWN CLIENT/S), OR ANY DOWNTIME, OUTAGE, DEGRADATION OF THE NETWORK, INTERRUPTION IN OR UNAVAILABILITY OF THE SERVICES.|
|14.9||WE WILL NOT BE LIABLE TO YOU IN RESPECT OF ANY BUSINESS LOSSES, INCLUDING, LOSS OF OR DAMAGE TO PROFITS, INCOME, REVENUE, USE, PRODUCTION, ANTICIPATED SAVINGS, BUSINESS, CONTRACTS, COMMERCIAL OPPORTUNITIES OR GOODWILL AND ALL INDIRECT AND CONSEQUENTIAL LOSSES OR DAMAGES, FROM ANY CAUSE, INCLUDING THE NEGLIGENCE OR ANY PERSON OR ENTITY.|
|14.10||THIS CLAUSE SPECIFICALLY APPLIES TO ALL THE SERVICES AND ARE INCLUDED BY REFERENCE IN THE SPECIFIC TERMS RELATING TO THE DIFFERENT PRODUCTS, SERVICES OR WEBSITES.|
|15.1||The Customer may terminate its contract / a project with Engineered Media by giving no less than 20 (twenty) Business days’ written notice of the intention to terminate. Engineered Media may, where applicable, charge a reasonable cancellation or settlement fee for the early termination of the contract.|
|15.2||The Customer agrees to pay Engineered Media any amounts owed for Services which have already been rendered as well as costs that Engineered Media will be liable to pay as a result of the early termination.|
|16.1||Without prejudice to our other rights under these Terms, if you breach these Terms, we may take the action we deem appropriate.|
|16.2||Any account that remains unpaid 30 (thirty) days after the date of invoice will be considered in breach of these Terms. If the Customer commits a breach, any information or files maintained by the Customer on Engineered Media’s web space, may be removed, in Engineered Media’s sole discretion. We will not be liable for the loss of any content in this regard. Removal of any content will not relieve the Customer of its payment obligations.|
|16.3||If Engineered Media institutes legal action to recover any money due by a Customer, or for any other lawful purpose, the Customer in question will be liable for the legal costs of Engineered Media on the attorney and own client scale unless applicable legislation states otherwise.|
|17.1||These Terms constitute the entire agreement, read together with the quotation and Specific Terms.|
|17.2||Our failure to act to enforce a right in these Terms does not mean that we have waived any right we may have.|
|17.3||Any present or future legislation which operates to vary an obligation or right, power or remedy of a person in connection with these Terms is excluded except to the extent that its exclusion is prohibited or rendered ineffective by law.|
|17.4||The rights, powers and remedies provided to us in these Terms are in addition to the rights, powers and remedies provided by law independently of these Terms.|
|17.5||These Terms will be governed by and interpreted in accordance with the laws of the Republic of South Africa.|
|17.6||Any claims, legal proceeding or litigation arising in connection with these Terms will be subject solely to the jurisdiction of the courts of the Republic of South Africa.|
|17.7||If any provision in these Terms is found unenforceable, the remaining provisions will remain in full force and effect.|
|18.1||All notices and other communications required under these Terms will be in writing and will be addressed to the Parties at the following addresses:
|18.2||Any Party may change their above address. The change will only be effective once the other Party has received notice of the change.|
|18.3||Notices and communications must be delivered by prepaid registered post, by hand (to a responsible person during ordinary business hours) or by email, to the respective addresses provided by the Parties.|
|18.4||Delivery by hand is considered received on day of delivery unless delivered after business hours in which case the following Business Day will constitute delivery. Delivery by registered post 10 days after posting (unless proved otherwise) provided it is addressed correctly. Delivery by email will be considered to have been received on the date of transmission (unless the contrary is proved).|
|18.5||Any notice given in writing and actually received by the other Party, will be deemed to have been properly delivered and received, despite the fact that such notice has not been given in accordance with this clause.|
SPECIFIC TERMS OF SERVICE (“SPECIFIC TERMS”)
These Specific Terms apply to Websites and are in addition to the General Terms of Service.
Monthly Packages are a grouping of website features. These features can be found in the quote detail. The monthly cost for the package is stated on the quote under “Monthly Package Cost” with the “Contract Period” indicated.
WEBSITE FORMATS: Unless otherwise specified in the project quote, websites will be designed using standard HTML.
|4||Payment Options: Engineered Media offers 2 (two) payment options for Websites. The Customer may opt to pay a lump sum or to enter a contract and pay a monthly fee by way of a debit order in favour of Engineered Media. The two options are explained in more detail below.|
|4.1||Lump Sum Payment Option:|
|4.1.1||Engineered Media requires payment of 50% of the quoted amount as an advance payment before a project will be scheduled. This will be invoiced on acceptance of the quote.|
|4.1.2||When the Customer receives the first submission from Engineered Media for review, payment of 40% of the invoiced amount must be made by the Customer to Engineered Media.|
|4.1.3||The remaining 10% is due once the project has been completed or loaded live or in terms of clause 4.4 of the General Terms of Service, whichever comes first.|
|4.2||Monthly Option (Contract):|
|4.2.1||The monthly option is a contract, for the period specified on the quote “Contracted Period (Months)”.|
|4.2.2||Engineered Media must receive the first 3 months installment before the Customer’s project will be scheduled.|
|4.2.3||If it is agreed, a Debit Order Authorisation Form must be fully completed and signed before the project will be scheduled.|
|4.2.4||Monthly invoicing will start on the date the project is approved and ready to load live or in terms of clause 4.4 of the General Terms of Service, whichever comes first.|
The project cost will be based on the scope defined in writing in the project quote. Any changes to the scope must be agreed to in writing. Engineered Media reserves its right, in its sole discretion, to revise the project cost due to changes to the scope.
At the end of the contract period, the Customer has the option to continue with the monthly hosting, content maintenance and search engine optimization. The continuation of the contract will be on a month to month basis at the rates applicable at that time.
No project will start before a contract is duly signed, payment of the deposit is received, a signed debit order authority (if applicable) and all content is received by Engineered Media.
A ‘content page’ is a website page of plain content (plain text with a few images) or 5 images added to the gallery. The Customer may buy additional content pages. At the start of the contract with the Monthly Payment Option, the price per page per month is agreed on at the start of the contract. If during the contract the Customer wants additional content pages, those additional content pages will be quoted on separately.
Unless otherwise specified, Engineered Media utilises open source CMS software. The Customer must ensure that PHP and MYSQL are supported by the Customer’s host and correctly configured (if provided by Engineered Media, we will ensure this).
Engineered Media prefers providing the hosting for the website. The Customer will be responsible for any additional costs and time spent by Engineered Media if a Customer uses alternative hosting.
If the parties have included domain transfer in the project quote, Engineered Media’s responsibility is limited to facilitating the transfer. The Customer will be responsible for arranging release and the necessary actions to enable transfer. Any transfer that requires Engineered Media to utilize more than 1 (one) hour will be charged for whether the transfer is successful or not, provided Engineered Media is not at fault for the unsuccessful transfer.
The Customer will receive a temporary link to access the design for review. The project quote includes 3 rounds of changes to the design. Additional rounds of changes to the design will be charged at the hourly website design rate given by Engineered Media.
|13||Ownership: Ownership of the website transfers from Engineered Media to the Customer only once we have received full payment.|
|13.1||Monthly Payment Option: Ownership passes at the end of the contract period.|
|13.2||Lump Sum Option: When the project has been paid in full.|
ENGINEERED MEDIA CANNOT BE HELD RESPONSIBLE FOR THE CORRECT FUNCTIONING OF THE CUSTOMER’S CMS WEBSITE IF THE HOSTING HAS NOT BEEN PROVIDED BY ENGINEERED MEDIA. ENGINEERED MEDIA IS NOT LIABLE FOR AND THE CUSTOMER INDEMNIFIES ENGINEERED MEDIA AGAINST ANY LOSS, DAMAGE OR CLAIM SUFFERED AS A RESULT OF INCORRECT FUNCTIONING OF THE CUSTOMER’S CMS WEBISTE IN TERMS OF THIS CLAUSE.
|15.1||If the Customer is a Consumer as defined in the National Credit Act, 2005 (as amended) (“NCA”) then the Customer will be in default if the Customer’s account is 20 business days in arrears. If the Customer is in default Engineered Media will give the Customer notice of the status of the Customer’s account. If after 10 days the Consumer has not responded as required in terms of the NCA, then Engineered Media may be entitled to terminate the contract and enforce its legal remedies, at Engineered Media’s discretion.|
|15.2||If the Customer is not a Consumer as defined in the NCA, then Services may be suspended without notice if payments are more than 30 days overdue. If the overdue account has not been settled within 60 days, the contract may be terminated at Engineered Media’s discretion and the Customer will be liable for the cancellation fee.|
|16.1||A Customer who is a Consumer (as defined by NCA) may terminate the contract at any time by paying the settlement amount. The Settlement amount is calculated as follows:|
|16.1.1||The outstanding principal debt as at the date of termination (the amount left on your contract);|
|16.1.2||The outstanding interest on the principal debt as at the date of termination;|
|16.1.3||Any outstanding fees and charges as at the date of termination; and|
|16.1.4||If the contract is considered a Large Agreement, as defined by the NCA, then an early termination charge will also be payable by the Customer.|
|16.2||If the Customer is not a Consumer (as defined by NCA) then the Customer may terminate the contract at any time by giving Engineered Media 30 days written notice. The Customer agrees to pay Engineered Media any amounts owed for Services which have already been rendered as well as costs that Engineered Media will be liable to pay as a result of the early termination. The Customer also agrees to pay a reasonable cancellation fee calculated as follows:|
|16.2.1||Monthly Payment Option:|
|220.127.116.11||5% of (24 x monthly fee), if terminated after the project has been scheduled but before work on the deliverables to the Customer has started; or|
|18.104.22.168||Once Off Total (as shown on the quote details page) x (number of months remaining of the contract / contract term) x 1.2 if any work has started on the deliverables to the Customer.|
|16.2.2||Lump Sum Option:|
|22.214.171.124||5% of the full package cost if terminated after the project has been scheduled but before work on the deliverables to the Customer has started; or|
|126.96.36.199||Hours worked (hours are based on Engineered Media’s internal timesheets) x the current website designer rate up to a maximum of the full package cost if any work has started on the deliverables to the Customer.|
Engineered Media warrants the website to be free from defects or bugs for a period of 90 days from the date of launch or the date that the Customer accepts the website, whichever comes first. During the warranty period, Engineered Media will attend to errors that relate to the design or functionality of the website. Problems that arise because of the Customer’s negligent or willful misuse of the website do not constitute errors for the purpose of this warranty.
Engineered Media will assist the Customer with version changes in software and technology for a period of 90 days from the date of launch, where the changes cause the website to malfunction.
Engineered Media does not warrant or guarantee any level of performance, traffic or outcome, financial gain or increased business because of the website.
SPECIFIC TERMS OF SERVICE (“SPECIFIC TERMS”)
These Specific Terms apply to Hosting services and are in addition to the General Terms of Service.
All hosting provided by Engineered Media is via a 3rd party and is also subject to the Terms & Conditions of the 3rd party. It is the Customer’s responsibility to read the 3rd party’s terms and conditions. Please view the terms at http://www.hetzner.co.za/index.php/hosting/legal/terms-of-service/
All monthly fees will be subject to a Debit Order and a Debit Order Authorisation Form must be fully completed and signed before a project will be scheduled.
Engineered Media accepts no liability for downtime or loss of information from any cause whatsoever, including the negligence of any person or entity.
The Customer agrees that this contract will continue on a month to month basis unless the quote, accepted by the Customer, states otherwise. Either Party may give 30 days’ notice in writing to terminate the contract.
Engineered Media only offers support relating to hosting during normal office hours (08h00 – 17h00).
There is a risk that emails can be deleted or lost during a transfer. The Customer must ensure that all email is backed up before a transfer is initiated. Engineered Media will not be liable for lost emails. Backups are recommended for all users but are specifically required for any users using IMAP because local emails will be lost after the transfer and will need to be re-imported.
Engineered Media is not liable and the Customer holds us harmless against any damage or loss that you may suffer as a result of the fulfillment of the obligations of the terms of the Agreement.
Engineered Media reserves the right to make changes to our Terms at any time without notice. An updated version of our Hosting Terms will be posted on the Website.
SPECIFIC TERMS OF SERVICE (“SPECIFIC TERMS”)
These Specific Terms apply to Google Ads managed by Engineered Media on the Customer’s behalf. These terms are in addition to the General Terms of Service.
The campaign setup will only be scheduled once Engineered Media has received payment of the full setup fee and first month’s management fee (“Management Fee”).
The Management Fee accrues from the day on which the campaign launches. The Management Fee will be charged even if there are no available funds in the Customer’s Google Ads and even if the campaign cannot run, for reasons not attributable to Engineered Media’s negligence or willful misconduct.
It is the Customer’s responsibility to ensure that their Google Ads account is always loaded with sufficient funds. Engineered Media may agree to pay the Customer’s Google Ads on the Customer’s behalf. Engineered Media will invoice the Customer and once full payment is received, Engineered Media will pay the Customer’s Google Ads account. Please take note that the Customer remains directly liable to Google for their Google Ad spend.
All monthly fees will be subject to a Debit Order and a Debit Order Authorisation Form must be fully completed and signed before a project will be scheduled.
The Customer agrees that 30 days’ written notice to Engineered Media is required to cancel the monthly contract.
Non-payment will result in the immediate suspension of the campaign.
SPECIFIC TERMS OF SERVICE (“SPECIFIC TERMS”)
These Specific Terms apply to WhatConverts Call Tracking and are in addition to the General Terms of Service.
WhatConverts, www.whatconverts.com is managed by Engineered Media on the Customer’s behalf.
By using WhatConverts, you are entering into a month to month contract with Engineered Media and agree to pay a monthly management fee to Engineered Media. The management fee starts on the day that the tracking starts.
The Customer agrees to pay the management fee, whether the Customer’s WhatConverts account is running or not (the account may not be running due to a lack of funds or for any other reason, not as a result of Engineered Media’s negligence or willful misconduct).
The Customer is liable for the full cost of having a WhatConverts account. The Customer will be liable to WhatConverts for all WhatConverts costs and it’s the Customer’s responsibility to ensure that their account with WhatConverts is funded.
All monthly fees are subject to a Debit Order. A Debit Order Authorisation Form must be fully completed and signed before any work will commence.
30 days’ written notice is required to cancel the monthly contract.
Nonpayment will result in immediate suspension of the tracking and or loss of tracking telephone numbers.
Engineered Media does not guarantee or warrant the availability or continuation of tracking numbers.
The Customer grants Engineered Media permission to record and listen to tracked calls for the purpose of quality.
THE CUSTOMER INDEMNIFIES, AND HOLDS ENGINEERED MEDIA HARMLESS IN THE EVENT THAT A NUMBER IS LOST OR WITHDRAWN.
SPECIFIC TERMS OF SERVICE (“SPECIFIC TERMS”)
These Specific Terms apply to any ‘Engnet Listing’ which means any listing provided for in the EngNet Engineering Directory found at www.engnet.co.za or related domains. These Specific Terms are in addition to the General Terms of Service.
|2||Engineered Media offers 2 (two) payment options for Engnet Listings. The Customer may opt to pay an annual fee which is paid yearly in one lump sum or a monthly fee payable by way of a debit order in favour of Engineered Media. The two options are explained in more detail below.|
|2.1||Annual Payments: Engineered Media requires payment of 50% of the quoted amount as an advance payment before a project will be scheduled. The 50% balance that remains will be invoiced and due once the introductory letter is sent by e-mail from Engineered Media to the Customer to the address provided by the Customer. Every year that the Customer renews the listing the payment will be made in one lump sum payment.|
|2.2||Monthly Payments: All monthly fees are subject to a Debit Order. A Debit Order Authorisation Form must be fully completed and signed before a project will be scheduled. If the Customer choses the monthly payment option, the Customer agrees to pay a deposit equal to 3 (three) months before the project will be scheduled.|
All EngNet listings are for a 12-month contract period unless Engineered Media and the Customer agree in writing to a different contract period (“Contract Period”). The Contract Period begins once the introductory letter is sent by e-mail from Engineered Media to the Customer.
|4||Renewal: Before the Contract Period expires, a renewal letter will be sent out electronically notifying the Customer of the upcoming expiry of the listing. The Customer will have the option to extend the Contract Period or cancel the listing.|
|4.1||If the Customer does not notify Engineered Media of its intention to extend the Contract Period or cancel the listing, Engineered Media will extend the Contract Period on a month to month basis in the case of a Consumer as defined by the Consumer Protection Act 68 of 2009. If the Contract Period is extended on a month to month basis and stays month to month, the Customer will be required to give 20 Business days’ written notice of its intention to cancel the listing.|
|4.2||If the Customer is not a Consumer as defined, Engineered Media reserves the right to renew the listing for the Contract Period without further notice.|
|4.3||If the Customer has selected the annual payment option and the Contract Period is renewed, the Customer will be invoiced for the annual payment.|
|5||The Customer will be liable to pay and agrees to pay the following reasonable cancellation fees if it selects to cancel the listing before the end of the Contract Period:|
|5.1||10% of the annual value of the project if cancelled before the listing goes live.|
|5.2||25% of the annual value or remaining portion of contract, which ever is lower, if cancelled after the listing goes live.|
Engineered Media does not warrant or guarantee any level of performance, traffic or outcome, financial gain or increased business because of the listing.