Terms and Conditions

GENERAL
1.1 These terms and conditions form the entire agreement between PE Marketing Website Design & Online Solutions Pty Ltd. (collectively referred to as “PE Marketing”, “we”, “us” or “our” in this Terms and Conditions notice) and the Customer (“the Customer”) whose name appears on the Service Level Agreement, relating to the sale and purchase of goods or services appearing on the invoice (“the Goods”). Where a prior written agreement, verbal agreement agreement (but not a software license agreement), exists between PE Marketing and the Customer, with respect to goods, the provisions of that agreement shall in all cases prevail over these terms and conditions, except in the instance where such prior written agreement would result in the National Credit Act 34 of 2005 having application.
1.2 In the event that the Customer enters into a license to use any software and/or data comprised in the goods or services appearing on any invoice, these terms and conditions shall continue to have effect but the terms of such license shall be read together with these terms and conditions and in the event of a conflict then such license terms shall, in so far as the conflict exists, prevail over these terms and conditions in relation to such conflict.
1.3 Orders are accepted by PE Marketing Website Design & Online Solutions Pty Ltd. subject to availability of stock. We reserver the right to deliver the goods in two or more installments.
1.4 PE Marketing Website Design & Online Solutions Pty Ltd. reserves the right to withhold further supplies in the event of any breach of any of these terms and conditions or for any other reason which we considers warrants such actions, in which event the customer agrees that PE Marketing shall not be liable for any consequential damages suffered by the customer as a result of such withholding of supplies for whatsoever reason. The Customer hereby indemnifies PE Marketing Website Design & Online Solutions Pty Ltd. in this regard in respect of all or any such claims made by third parties as a result of such withholding of supplies for whatsoever reason.
PAYMENT
2.1 The purchase price of the goods shall be paid by the customer to PE Marketing Website Design & Online Solutions Pty Ltd. without any deduction or set off within the period stipulated on the invoice.
2.2 If more than one delivery is made, then each delivery will be invoiced and shall be paid for separately in accordance with.
2.3 PE Marketing Website Design & Online Solutions Pty Ltd. does not extend credit to any Customer in terms of the National Credit Act, and all accounts due are payable within 30 days of date of invoice.
2.4 In the event of a dispute with regard to part of any amount owing in respect of any invoice, the Customer shall nevertheless forthwith pay the undisputed amount of such indebtedness according to the agreed terms of payment.
2.5 All goods supplied by PE Marketing Website Design & Online Solutions Pty Ltd. to the Customer shall remain the property of PE Marketing Website Design & Online Solutions Pty Ltd. until the purchase price in respect thereof has been paid in full.
DISCOUNTS
3.1 The price of the goods sold to the Customer is strictly net and not subject to any discounts or set offs unless otherwise agreed to in writing by PE Marketing Website Design & Online Solutions Pty Ltd.
3.2 Discounts will not be allowed on overdue payments.
DELIVERY
4.1 Delivery shall be completed when the goods are off-loaded at the destination stated by the Customer if the goods are to be transported by means of PE Marketing’s vehicle, or delivery shall be completed when the goods are loaded, if they are to be transported by the Customer or delivery shall be completed when the goods are loaded into a carrier engaged (whether by PE Marketing or the Customer) to transport the goods to the Customer, provided, however, that if the goods are forwarded to the Customer by means of normal post, it will be assumed that the goods were delivered to the Customer unless the Customer notifies us in writing within a period of 30 (thirty)days from the date of the invoice that it did not receive the goods. It would further be assumed that the consumer had inspected the goods and accepted the quality of the goods.
4.2 Should PE Marketing, at the Customer’s request, agree to engage a carrier to transport the goods to the Customer, then (a) PE Marketing Website Design & Online Solutions Pty Ltd. is authorized to engage a carrier on such terms and conditions as it deems fit (b) the Customer indemnifies PE Marketing against all demands and claims which may be made against it by the carrier so engaged and all liability which PE Marketing may incur to the carrier arising out of the transportation of the goods.
4.3 The risk in the goods shall pass to the Customer on delivery of the goods as provided above. It is furthermore agreed that the Transport Agent acts as Agent for and on behalf of the Customer. Delivery to the Transport Agent, will constitute a delivery to the Customer and the Agent must inspect the goods on behalf of the Customer.
4.4 PE Marketing shall not be liable under any circumstances for any complaint or claim for any alleged shortage in delivery or defect in the goods after delivery to the Customer or the Customer’s agent.
4.5 The signature of the employee or agent of the Customer which appears on PE Marketing Website Design & Online Solutions Pty Ltd.’s official delivery note or invoice, or way-bill or delivery note of any authorized independent carrier, shall constitute conclusive evidence of delivery of the goods purchased.
4.6 If more than one delivery is to be made then the provisions of this clause 4 shall apply to each delivery.
4.7 Time of the delivery shall not be of the essence, although all reasonable steps will be taken to ensure timely performance and the Customer will receive notice of any unreasonable delay.
SET OFF
5.1 In the event of PE Marketing Website Design & Online Solutions Pty Ltd. or any holding or subsidiary or fellow subsidiary or other division of PE Marketing, becoming indebted to the Customer, we may set off such indebtedness against any monies which may be or become owing by the Customer to us.
EXCLUSIONS
6.1 PE Marketing Website Design & Online Solutions Pty Ltd.’s liability to the Customer for any damages sustained by the Customer from any cause whatsoever including any damages arising out of our negligence or that of the servants, agents or sub-contractors shall in any event and under all circumstances, be limited to the replacement at our premises of the goods which, at the date of delivery thereof, are subject to a patent defect arising from defective materials.
6.2 Except as provided in 6.1 above, PE Marketing Website Design & Online Solutions Pty Ltd. shall in no circumstances whatsoever be liable for any loss of profit or any damage direct or indirect, consequential or otherwise sustained by the Customer whether or not caused by the negligence of PE Marketing Website Design & Online Solutions Pty Ltd., its agents or employees.
6.3 Insofar as any of PE Marketing’s obligations under the contract are carried out by any of the servants, agents, subcontractors, associates or subsidiaries, the provision of 6.1 and 6.2 above are stipulated for their benefit as well as for PE Marketing and each of them are hereby indemnified and exempted by the Customer from any such liability.
6.4 The Customer shall not have any claim of any nature whatsoever against us for any failure by PE Marketing to carry out any of its obligations under its contract with the Customer as a result of causes beyond our control, including, but without being limited to, any strike, lockout, shortage of labour or materials, delays in transport, accidents of any kind, any default or delay by any sub-contractor or supplier of PE Marketing Website Design & Online Solutions Pty Ltd., riot, political or civil disturbances, the elements, any act of any State or Government, any delay in securing any permit consent or approval required by PE Marketing for the supply of goods under the contract or any other authority of any other cause whatsoever beyond our absolute and direct control.
WARRANTY
7.1 Same as provided for in clause 6.1 all the goods are in good working order, are of a good quality and without defects.
DEFAULT
8.1 Should the Customer default in paying his account strictly on due date or commit a breach of any of the terms or conditions of his contract with PE Marketing Website Design & Online Solutions Pty Ltd. or, being an individual, die or be provisionally or finally sequestrated or surrender or make application to surrender his estate or commit any act of insolvency; or being a partnership, the partnership is terminated or commits any act of insolvency; or being a company or close corporation is placed under a provisional or final order of liquidation or judicial management; or is placed under business rescue; or has a judgment recorded against it which remains unsatisfied for seven days, or compromises or attempts to compromise generally with any of the Customer’s creditors; or enters into any transaction which has the effect of changing the beneficial ownership of the customer’s business; or if the Customer is a company or close corporation enters into a transaction which has the effect of a change in the effective control of the company or close corporation; then, without prejudice to any other right may have; (a) PE Marketing shall be entitled, but not compelled, forthwith to demand that the whole amount outstanding by the Customer from whatsoever cause arising, be paid immediately; and (b) PE Marketing shall furthermore be entitled to cancel any agreement which exists between it and the Customer suspend the carrying out of any of its then uncompleted obligations, in which event the Customer shall have no claim or claims whatsoever nature against PE Marketing arising out of. Initial such cancellation or the suspension by PE Marketing to carry out any obligations.
8.2 PE Marketing’s rights in terms of 8.1 above shall not be exhaustive and shall be in addition to its common law rights.
8.3 No relaxation which PE Marketing Website Design & Online Solutions Pty Ltd. may have permitted on any one or more occasion in regard to the carrying out of the Customer’s obligations shall prejudice or be regarded as a waiver of our rights to enforce its obligations on any subsequent occasion.
8.4 Upon the cancellation of the contract between us and the Customer for any reason whatsoever: (a) All amounts then owed by the Customer to PE Marketing Website Design & Online Solutions Pty Ltd. from any cause whatsoever shall become due and payable forthwith; and (b) we may retake possession of all the goods in respect of which ownership has not yet passed.
JURISDICTION
9.1 The Customer agrees that PE Marketing Website Design & Online Solutions Pty Ltd.shall be entitled but not obliged to institute any proceedings against the customer arising out of its contract with the Customer for the full balance outstanding in any Magistrate’s Court having jurisdiction over the Customer from time to time notwithstanding that the claim or the value of the matter in dispute may exceed the jurisdiction of the Magistrate’s Court. Further, the Customer agrees to be liable for all legal costs including costs on the scale as between attorney and his own client and collection charges and tracing fees.
9.2 A certificate by any director or manager of PE Marketing Website Design & Online Solutions Pty Ltd. showing the amount due and owing by the Customer to PE Marketing at any given time shall be prima facie evidence of the amount due by the Customer and such certificate shall be sufficient for purposes of judgment, summary judgment or provisional sentence or other legal proceedings.
DOMICILIUM
10.1 The Customer nominates its physical address as reflected on the face of the Service Leval Agreement to which these Terms and Conditions are annexed, as its domicilium citandi et executandi for service upon it of all notices and processes whether in connection with any claim or any sum due to PE Marketing Website Design & Online Solutions Pty Ltd. or otherwise.
NEGOTIABLE INSTRUMENTS
11.1 Any promissory note, bill of exchange or other negotiable instrument received by PE Marketing Website Design & Online Solutions Pty Ltd. from the Customer shall not constitute a novation of the debt for which it is given to PE Marketing Website Design & Online Solutions Pty Ltd..
RETURN OF THE GOODS
12.1 If, in the exercise of its discretion, PE Marketing Website Design & Online Solutions Pty Ltd. shall agree, at the written request of the Customer, to accept the return of any of the goods, which goods were correctly supplied by PE Marketing Website Design & Online Solutions Pty Ltd. and are not faulty or subject to any claim. In such event, we shall be entitled to claim from the Customer a handling charge of 10% (ten per centum) of the invoice price of the goods so returned. Nothing in this clause detracts from any customer his rights in terms of the Consumer Protection Act 68 of 2008.
INSURANCE
13.1 With effect from the date of delivery of the goods to the Customer, or its agent (as defined in this agreement), the Customer shall at all times keep the goods sold to it adequately insured against all forms of loss.
13.2 Pending payment to PE Marketing for the goods purchased, all benefits in terms of the insurance policy relating to the insurance of such goods are hereby ceded to PE Marketing.
LAW APPLICABLE
14.1 The Laws of the Republic of South Africa are the laws applicable to this agreement.
CESSION OF DEBTORS
15.1 The Customer does hereby irrevocably and in rem suam cede, pledge, assign transfer and make over unto and in favour of PE Marketing Website Design & Online Solutions Pty Ltd. all its right, title, interest, claim and demand in and to all claims of whatsoever nature and description and however arising which the Customer may now or at any time hereafter have against all and any person, companies, corporations, firms, partnerships, association, syndicates and other legal personae whomsoever (“debtor’s debtors”) without exception as continuing covering security for the due payment of every sum of money which may now or at any time hereafter be or become owing by the Customer to PE Marketing Website Design & Online Solutions Pty Ltd. from whatsoever cause arising and for the due performance of every other obligation howsoever arising which the Customer may be or become bound to perform in favour of PE Marketing Website Design & Online Solutions Pty Ltd..
15.2 Should it transpire that the Customer entered into prior deeds of cession or otherwise disposed of any of the right, title and interest in and to any of the debt which will from time to time be subject to this cession, then this cession shall operate as a cession of all the Customer’s reversionary rights.
15.3 The Customer hereby undertakes that, if and whenever PE Marketing Website Design & Online Solutions Pty Ltd. will so require, the Customer will, not later than the 7th day of every month, deliver to PE Marketing Website Design & Online Solutions Pty Ltd. a schedule supplied by a director of all amounts which will have been owing to the Customer by its debtors on the last day of the preceding month reflecting thereon the amounts so owing by each debtor and the name and last known address of such debtor.
15.4 Whether or not the Customer’s debtors will have been notified of the cession of all sums of money which the Customer will collect from its debtors or any of them shall be collected and received by the Customer as agents on PE Marketing’s behalf provided that we shall be entitled at any time to terminate the Customer’s payments on account of the debts in respect of which the Customer’s mandate has been terminated.
15.5 The Customers agrees that PE Marketing Website Design & Online Solutions Pty Ltd. shall be entitled at any time or times hereafter to give notice of its cession to all or any of the Customer’s debtors and to take such steps as they may deem for to recover the amounts respectively owing by the Customer’s debtors to the Customer from time to time and for the time being provided that PE Marketing shall be obliged to refund any amounts to the Customer which is in excess of the amount to which the Customer will at that stage be indebted to PE Marketing.
15.6 The Customer warrants that PE Marketing Website Design & Online Solutions Pty Ltd. will at all times, while this cession remains in force, be entitled through its duly authorised representatives to inspect all or any of the Customer’s records relating to any of the debts covered by the cession.
NON VARIATION
16.1 No variation, alteration, amendment or consensual cancellation of any of these terms and conditions shall be of any force or effect, unless in writing and signed by the parties hereto.
16.2 No waiver or abandonment by PE Marketing Website Design & Online Solutions Pty Ltd. of any of its rights in terms of this application and these terms and conditions shall be binding on it unless such waiver or abandonment is in writing and signed by it.
MISCELLANEOUS
17.1 Severability Should any part of this agreement for any reason be declared invalid, such decision shall not affect the validity of the remaining provisions, which remaining provisions shall remain in full force and effect as if this agreement had been executed with the invalid portion thereof eliminated and it is hereby declared the intention of the parties that they would have executed the remaining portions of this agreement without including any such parts or portions which may, for any reason, be hereafter declared invalid. Any provision shall nevertheless remain in full force and effect in all other circumstances.
17.2 Modification and Waiver Waiver or breach of this agreement by either party shall not be considered a waiver of any subsequent breach.
17.3 Assignment This agreement is not assignable or transferrable by the Customer. Nevertheless, the rights and obligations of PE Marketing Website Design & Online Solutions Pty Ltd. in terms hereof shall be assignable or transferrable without the written consent of the client.
17.4 Counterparts Each person executing this agreement on behalf of a party hereto represents and warrants that such person is fully and duly authorised to do so on behalf of such party with full right and authority to execute this agreement and to bind such party with respect to all of its obligations herein. This agreement may be executed (by original or telecopied signature) in counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument.
17.5 Non-solicitation of Employees During this agreement and for two years after the term of this agreement expires, the Customer will not solicit the employment of or employ the personnel of PE Marketing Website Design & Online Solutions Pty Ltd., without the prior written consent of PE Marketing.
17.6 Force and Majeure PE Marketing Website Design & Online Solutions Pty Ltd. shall not be responsible for delays or failures (including any delay by PE Marketing Website Design & Online Solutions Pty Ltd. to make progress in the prosecution of any services), if such delay arises out of causes beyond its control. Such causes may include, but are not restricted to, acts of God, or of the public enemy, fires, floods, epidemics, riots, quarantine restrictions, strikes, freight embargos, earthquakes, electrical outages, computer or communications failures and severe weather and acts or omissions of sub-contractors or third parties.
17.7 Suretyship This Application is conditional upon completion of the Deed of Suretyship attached hereto by person or persons on behalf of the Customer.
In addition to the standard terms and conditions, the following applies for all digital projects.
ESTIMATES
PE Marketing Website Design & Online Solutions Pty Ltd. may provide Clients with initial estimates, otherwise referred to as quotations, for projects on request. The final project value may vary from the initial quotation if additions are requested to the original scope of work.
PE Marketing Website Design & Online Solutions Pty Ltd. will provide quotations in writing by email to Clients, which will include a hyperlink to these Terms and Conditions. Acceptance by a Client of a PE Marketing Website Design & Online Solutions Pty Ltd. estimate is subject to acceptance of the terms and conditions unless specifically agreed in writing between the Client and PE Marketing to the contrary.
INVOICING & PAYMENT TERMS
PE Marketing Website Design & Online Solutions Pty Ltd. standard payment terms are COD.
New projects require a 50% upfront payment for the commencement of a project, final balance payment before the project is made live.
Monthly or retainer invoices will be invoiced by the 25th of the month and needs to be paid within seven business days thereafter.
In the event that website development cost has been broken up into a payment plan, PE Marketing Website Design & Online Solutions Pty Ltd. will remain the owners of the website until the design and development work has been paid in full as per the initial quotation.
PE Marketing Website Design & Online Solutions Pty Ltd. reserves the right to increase their pricing in line with the official annual inflation rate each year, which is obtained from Statistic South Africa’s latest available Consumer Price Index (CPI) Headline Report.
This quote is based on the current exchange rate to the US dollar. Plugin and theme renewal fees may fluctuate based on that rate.
PROJECT TERMS
Unless expressly agreed in writing to the contrary PE Marketing Website Design & Online Solutions Pty Ltd. will not accept liability to the Client for unforeseen delays in completing a project.
In the event that there is a delay in the completion of a project, PE Marketing Website Design & Online Solutions Pty Ltd. will communicate such delays to the Client in writing via email.
All website or online marketing tactic setup content needs to be provided by the client within 2 weeks of a deposit being paid to commence a project.
All Graphic design content needs to be provided within 1 week of a deposit being paid to commence a project.
The client is required to provide PE Marketing Website Design & Online Solutions Pty Ltd. with all the content required for a project within the period detailed above. Should the client delay issuing us with the content required for the project, we reserve the right to renegotiate the cost of the project as well as the expected completion date. In such instances, PE Marketing Website Design & Online Solutions Pty Ltd. will request any outstanding payments to be settled before the continuation of the project.
ONGOING MAINTENANCE AND SUPPORT
Fixes for newly built websites need to be identified within a 14-day period from going live. If fixes are identified after this period and the client is not on a Maintenance agreement, then a quotation will be issued to commence such fixes.
PE Marketing Website Design & Online Solutions Pty Ltd. cannot future proof its services or products. Once a client has signed off on a project the responsibility to maintain and update plugins and Themes used on the website becomes the client’s responsibility unless a maintenance agreement has been signed with PE Marketing Website Design & Online Solutions Pty Ltd. which covers such incidents.
Maintenance does not mean “eyes on the website” all the time and issues on the website still need to be reported to PE Marketing Website Design & Online Solutions Pty Ltd..
Development faults with plugins or themes used on a website built by us are not covered by a maintenance agreement and will be quoted for separately as in most cases the original software developer will need to be involved.
Similarly, hosting and website faults remain the responsibility of the hosting provider and do not fall under any maintenance agreement should the website not be hosted with PE Marketing Website Design & Online Solutions Pty Ltd..
PE Marketing’s Director can be present to consult at external meetings if required, however, such meetings need to be arranged in advance and unless prior arrangements have been made such consultations will be limited to one meeting per month of a maximum duration of 1 hour. Consultations will be charged at our standard consulting rate.
TERMINATION OF SERVICE
Cancellation of any products or services may be made at any time by providing us with a cancellation request 1 calendar month in advance, in writing.
In the event of cancellation of the agreement prior to the completion of the cancellation period, PE Marketing Website Design & Online Solutions Pty Ltd. reserves the right to pursue any of the following: (1) remove equipment, software, services or resources owned by us, (2) bring legal action against the Client for contractual breach or (3) remove any created websites, graphics, content, links, advertising, and accounts.
3RD PARTY SERVICES
PE Marketing Website Design & Online Solutions Pty Ltd. will offer to Clients’ third-party services such as those offered by Google to enhance the performance of their websites. PE Marketing Website Design & Online Solutions Pty Ltd. may include in quotations the setup and maintenance of such third party services. PE Marketing Website Design & Online Solutions Pty Ltd. will not be liable to the Client for any interruption, non-performance, or cancellation of the provision by third parties of any such services.
WEBSITE DEVELOPMENT AND DESIGN TERMS AND CONDITIONS
All website content needs to be provided by the client within 2 weeks of payment of a deposit to commence a project. Should the client delay issuing us the content required for the project, we reserve the right to renegotiate the cost of the project as well as the expected completion date. In such instances, PE Marketing Website Design & Online Solutions Pty Ltd. will request any outstanding payments to be settled before the continuation of the project.
CMS websites require updates to plugins and themes. If the client has not opted for monthly maintenance, such updates and the cost thereof, remain the responsibility of the client. However, plugins and themes may be quoted separately if required.
Additional pages, images, and revisions on projects above the scope of work agreed above will attract additional charges.
All E-commerce websites will come with Flat Rate shipping. It is the client’s responsibility to negotiate shipping costs with his/her preferred supplier and to provide PE Marketing Website Design & Online Solutions Pty Ltd. with specified flat rates. Alternative Shipping Plugin purchase and configuration fall out of the scope of work unless specifically quoted for.
All e-commerce websites will have Payfast, Paypal and EFT payment as the default payment options. It remains the responsibility of the client to sign up with Payfast or Paypal and to provide us with their login details.
The client agrees that all content provided by the client including articles, website wording, graphics, and videos are owned by the client and free of any copyright infringement.
Viruses & Outdated Websites, PE Marketing Website Design & Online Solutions Pty Ltd. makes every effort to take security precautions on our Clients’ websites, this includes the relevant security plugins which keep its servers secure, wherever possible. However, we cannot guarantee the prevention of hacks, viruses or unexpected data deletion and cannot be held liable for any such damages as a result.
PE Marketing Website Design & Online Solutions Pty Ltd. cannot be responsible for any websites that have stopped working or have become faulty over time due to the website becoming “outdated”. Outdated websites can be affected due to many aspects, such as new browser software, outdated web code, etc. PE Marketing Website Design & Online Solutions Pty Ltd. cannot be expected to keep your website updated in every aspect without being compensated to do so.
SEO TERMS AND CONDITIONS
PE Marketing Website Design & Online Solutions Pty Ltd. accepts no responsibility nor liability to the Client for the actual rankings achieved or how such rankings may vary over time. Search engines are known to change their algorithms and in such doing rankings and traffic may fluctuate.
EMAIL MARKETING TERMS AND CONDITIONS
PE Marketing Website Design & Online Solutions Pty Ltd. will setup the Client’s email with email service providers and charge a fixed amount for doing this.
Payment of monthly charged based on subscribers will remain the responsibility of the client.
PE Marketing Website Design & Online Solutions Pty Ltd. will not be liable for any purchased, rented, or third-party lists of email addresses that were/are purchased/provided by the client for a newsletter or emailing distribution.
PE Marketing Website Design & Online Solutions Pty Ltd. will not be held liable for any penalties placed upon the client by the email service provider as a result of purchased, rented, or third-party lists of email addresses or spam content used in newsletters.
CONTENT MARKETING TERMS AND CONDITIONS
PE Marketing Website Design & Online Solutions Pty Ltd. will post content based on the client’s: Target Market, Products, Industry, but occasionally content might be relevant to General Internet Trends or Holidays. The Client is responsible for setting content guidelines with PE Marketing Website Design & Online Solutions Pty Ltd., these guidelines can be in the form of a list of approved: websites, newsletters, RSS feeds where the Account Manager can derive content from.
PE Marketing cannot take responsibility for the sharing of, nor comments made in response to content posted on the page, as this is the nature of social media interactions. An Escalation process will be followed with feedback on the social media sites, but in no way will any actions are taken in response to these contradict the objective of company transparency.
Unless otherwise agreed to the content for newsletters will be provided by the client, although PE Marketing Website Design & Online Solutions Pty Ltd. may give some suggestions for content going forward.
The client agrees that all content provided by the client including articles, website wording, graphics, and videos are owned by the client and free of any copyright infringement.
HOSTING TERMS AND CONDITIONS
PE Marketing Website Design & Online Solutions Pty Ltd. will invoice for domain renewals on an annual basis and hosting on a monthly basis.
PE Marketing Website Design & Online Solutions Pty Ltd. will use their best endeavors to rectify the cause of any disruption in the hosting service of a Client’s domain and to minimize the duration of any such instances. This is only applicable for customers who host their domain through PE Marketing Website Design & Online Solutions Pty Ltd..
We will not be liable to the Client for any compensation in respect of any downtime that may occur while hosting their domain through us.
In the event that a Client wishes to move their domain to another web server supported by another party, then PE Marketing Website Design & Online Solutions Pty Ltd. will cooperate fully, subject to all outstanding amounts being paid up in full, in some instances a transfer fee or cancellation fee will be applicable.
PE Marketing Website Design & Online Solutions Pty Ltd. will troubleshoot any problems reported by the Client with their email. If the problem is due to an omission by us, then no charge will be made to the Client. If the problem is not due to an omission by PE Marketing Website Design & Online Solutions Pty Ltd., then the Client will be charged.
Login details and passwords need to be kept confidential and secure. PE Marketing Website Design & Online Solutions Pty Ltd. will not be held accountable for email account/website hacks.
GENERAL SERVICE DISCLAIMERS
The Client acknowledges the following with respect to services:
PE Marketing Website Design & Online Solutions Pty Ltd. accepts no responsibility for policies of Google, third-party search engines, directories, remote desktop application services or other websites (“Third-Party Resources”) that the Client may submit to with respect to the classification or type of content it accepts, whether now or in the future. The Client’s web site or content may be excluded or banned from any Third-Party Resource at any time and the Client agrees not to hold PE Marketing responsible for any liability or actions taken by Third-Party Resources under this Agreement.
The Client furthermore acknowledges that the nature of many of the resources that PE Marketing Website Design & Online Solutions Pty Ltd. may employ under this Agreement are competitive, therefore PE Marketing Website Design & Online Solutions Pty Ltd. does not guarantee top rankings, consistent positioning or specific performance of any strategies employed and the Client accepts that PE Marketing Website Design & Online Solutions Pty Ltd. past performance is not indicative of any future results the Client may experience.
The Client recognizes that SEO and submissions to search engines and directories can take an indefinite amount of time for acceptance or inclusion and that internet advertising may be subject to the individual advertising network’s policies and procedures.
The Client accepts that Google AdWords, search engines, directories or other resources may block, prevent or otherwise stop accepting submissions for an indefinite period of time.
The Client acknowledges that search engines may drop listings from its database for no apparent or predictable reason. PE Marketing Website Design & Online Solutions Pty Ltd. shall re-submit resources to the search engine based on the current policies of the search engine in question.
PE Marketing Website Design & Online Solutions Pty Ltd. will endeavor to make every effort to keep the Client informed of any changes that PE Marketing Website Design & Online Solutions Pty Ltd. is made aware of that impact any of the campaigns and strategies and the execution thereof under this Agreement. The Client also acknowledges that PE Marketing Website Design & Online Solutions Pty Ltd. may not become aware of changes to third-party resources, industry changes or any other changes that may or may not affect campaigns or services.
PE Marketing Website Design & Online Solutions Pty Ltd., for the duration of this agreement, may develop design strategies and codes, which, in PE Marketing Website Design & Online Solutions Pty Ltd.’ opinion improve the Client’s website. PE Marketing Website Design & Online Solutions Pty Ltd. and the Client will review these suggestions together and once a mutual agreement is reached activate these changes. If the Client decides to make any material changes to the website, the Client will consult with PE Marketing Website Design & Online Solutions Pty Ltd.  prior to implementing these changes, to make sure that they do not conflict with PE Marketing Website Design & Online Solutions Pty Ltd. marketing strategy.
Third-Party Resources, particularly Facebook, change their layout and can very often affect any business page installations and applications. PE Marketing Website Design & Online Solutions Pty Ltd. will not be held liable for these changes and, should work need to be done to rectify, then a new “quote” would need to be drawn up.
PE Marketing Website Design & Online Solutions Pty Ltd. and its subcontractors retain the right to display all designs as examples of their work in their respective portfolios.
PE Marketing Website Design & Online Solutions Pty Ltd. does not guarantee and accepts no responsibility for loss of Clients Data due to backup failure, hard drive crashing, PC or laptop formatting, hosting of domains and emails, hacking and theft. Aditional backup data retreaval fee will apply.
COPYRIGHT
The source code of all website web pages remains the intellectual property of PE Marketing Website Design & Online Solutions Pty Ltd. until such time as payment is made in full by the client and may not be copied and used by any other party without the consent of PE Marketing Website Design & Online Solutions Pty Ltd..
All scripts, CSS and include files used within Client websites, remain the intellectual property of PE Marketing Website Design & Online Solutions Pty Ltd. until such time as payment is made in full by the client and may not be copied and used by any other party without the written consent of PE Marketing Website Design & Online Solutions Pty Ltd.
The stored procedures, functions and triggers programmed into SQL Databases remain the intellectual property of PE Marketing Website Design & Online Solutions Pty Ltd. until such time as payment is made in full by the client and may not be copied and used by any other party without the consent of PE Marketing Website Design & Online Solutions Pty Ltd..
All Client logo images, images unique to the Client, i.e. of their premises, workforce and their business, plus all written copy, belong to the Client and are covered under their copyright. PE Marketing Website Design & Online Solutions Pty Ltd. will not reuse the Client written content or images without the express permission of the Client.
PE Marketing Website Design & Online Solutions Pty Ltd. will not be liable for any copyright infringements committed by the Client with regards to content provided for marketing materials. The Client hereby agrees that all content submitted to PE Marketing Website Design & Online Solutions Pty Ltd. is original content and not copied off other websites as copying content of other online assets will directly impact PE Marketing Website Design & Online Solutions Pty Ltd. ability to run an effective marketing strategy for the Client.
The Client and PE Marketing acknowledge and agree that the Specifications and all other documents and information related to the development of the PE Marketing Campaign (the “Confidential Information”) will constitute valuable trade secrets of PE Marketing. The Client shall keep the Confidential Information in confidence and shall not, at any time during or after the term of this Agreement, without PE Marketing Website Design & Online Solutions Pty Ltd. prior written consent, disclose or otherwise make available to anyone, either directly or indirectly, all or any part of the Confidential Information.
BREACH
In the event that the Client does not pay an invoice within the time frame allocated within the invoice, then PE Marketing Website Design & Online Solutions Pty Ltd. has the right to suspend all further services for that Client until such time as payment is made in full.
In the event that the Client does not pay a hosting subscription invoice within 30 days of the due date, i.e. 44 days after the invoice date, then PE Marketing Website Design & Online Solutions Pty Ltd.  reserve the right to turn off any hosting, suspend Client account and/or pause licenses, until such time as the invoice is paid in full.
In the event that the Client becomes insolvent or goes into liquidation we have the right to immediately terminate their contract with the Client and invoice for the full value of project works carried out to that date, plus suspend any email or hosting services and licenses.
In the event that a Client delays the progress of a project with PE Marketing Website Design & Online Solutions Pty Ltd.  then we will be entitled to give 14 days’ written notice to the Client. If the Client does not satisfactorily remedy the cause(s) of the delay, within the 14-day notice period, then we will have the right to terminate the service. PE Marketing Website Design & Online Solutions Pty Ltd. will invoice the Client for the full value of works carried out to-date.
In the event the Client fails to make any of the payments referenced in deadline set forth, PE Marketing Website Design & Online Solutions Pty Ltd. has the right, but is not obliged, to pursue any or all of the following remedies: (1) terminate the Agreement, (2) remove equipment, software, services or resources owned by us or (3) bring legal action.
POPI Act

It is the client’s responsibility to ensure that all client communication adheres to the POPI Act.

It is the client’s responsibility to ensure that their Social Media Platforms, Website and Business conduct adheres to the POPI Act.

WHAT CAN BE EXPECTED OF US

We aim to achieve the highest level of business ethic and for our customers to have trust in our work, treating all clients confidentiality, in a friendly and helpful way when contacted.

We will make sure we understand your needs and requirements to be able to offer you informed information of our services and products.

We will always respond to your phone calls, emails and letters in a timely manner.


WHAT WE EXPECT OF OUR CLIENTS

Provide information about yourself and your business so that we can perform our services to you and pay all invoices within the payment terms defined in our agreement.

Let us know in advance if you are unable to do this, or if your circumstances change.

IMPROVING OUR SERVICES

We welcome all comments that you may have and appreciate feedback, please feel free to contact us at any time.