For ease of expression, The Web Shack CC. is referred to as “The Web Shack”, the Client is referred to as “the Client” and the full extent of the services and deliverable’s to be provided by Shack and the Client are collectively referred to as “the Project”.
- The Web Shack and the Client acknowledge that the success of the Project is the joint responsibility of both parties. Failure by either party to fulfill its obligations may impact the other’s ability to meet its obligations on the Project;
- The Web Shack and the Client recognise they must both use all reasonable endeavours to meet agreed deadlines;
- The Web Shack may appoint sub-contractors to assist in meeting its obligations on the Project;
- The Web Shack will agree with the Client its needs for appropriate involvement of Client personnel, reasonable working accommodation, communications and access to equipment.
Scope of project
- The scope of the Project is described in the Memorandum (“the Invoice”) of Agreement. Although elements of the scope may necessarily change over time, The Web Shack will have no obligations to proceed with any change proposed by the Client until the cost and schedule impact has been agreed. The Web Shack will develop the cost and schedule impact of proposed changes within a reasonable period of receiving instructions from the Client. If the project is reliant on Client facilities, personnel or skills, The Web Shack reserves the right to treat absences of Client facilities, personnel or skills as a proposed change in scope even if caused by circumstances beyond the Client’s control.
- During the Project the Client is likely to have access to confidential information of The Web Shack, including (but not limited to) The Web Shack’s past, present and future research, development, business activities, products, services and technical knowledge. Similarly, The Web Shack is likely to have access to confidential information of the Client.
- Accordingly, each party (“the Recipient”) agrees and undertakes in favour of the other party (“the Protected Party”) that the confidential information of the Protected Party may be used by the recipient only in connection with the Project and will be kept in the strictest confidence and will not be disclosed to any third party except with the prior signed written approval of the Protected Party or pursuant to an order, directive or subpoena issued by any competent court or authority. The Client agrees that the Memorandum of Agreement (including its annexes) constitutes confidential information of The Web Shack as contemplated in this paragraph.
Intellectual property rights
- The Web Shack will retain the intellectual property rights and copyright of any work performed by its personnel, save for all such work as is paid for wholly and exclusively by the Client, and may retain such copies of outputs and deliverables as are necessary for its reference purposes. The Web Shack may re-use concepts and other outputs of the Project provided confidential information of the Client is safeguarded.
Remedies and liabilities
- The Web Shack’s objective is to work with the Client to achieve the business objectives of the Project. If, in doing so, the Client suffers damages resulting from an act or omission of a The Web Shack director or employee, The Web Shack would recognise this as its responsibility, up to but not exceeding the amount of fees received from the Client for that phase of work.
- The Client agrees that The Web Shack shall be given a reasonable opportunity to remedy any failure or shortcoming in the delivery of the services / deliverables to the Client notified to The Web Shack within six months of delivery. The Web Shack undertakes, at its expense, to use all reasonable efforts to implement such remedy as soon as reasonably possible after any such failure is reported to The Web Shack. Subject to the financial limits set forth above, the Client agrees that this provision is the exclusive remedy available to the Client in the event of any failure or shortcoming in the project.
- The Web Shack shall not be liable for any indirect or consequential loss or damage of any kind under any circumstances including negligence (whether arising under contract, common law or otherwise) including but not limited to loss of profits, loss or corruption of data, loss of operation time or loss of contracts, whether caused by its directors, employees, agents or others for whom in law it may be liable.
- The Web Shack’s liability under paragraphs 9 and 10 is in lieu of and to the exclusion of any warranty or term of any kind relating to the condition, performance, merchantability or fitness for purpose of the services or any deliverables.
Infringement and copyright
- The Web Shack will defend, at its expense, a third party claim that any service or deliverable The Web shack has provided infringes a South African copyright. In the event that any damages are finally awarded against the Client in respect of such a claim, these will be paid by The Web Shack. This indemnity will not apply if the infringement is the result of the Client modifying, misusing or providing deliverables or services to a third party or failure to use enhancements supplied by The Web Shack or information, documents, facilities or products which are supplied by the Client for the purposes of the Project. This indemnity constitutes the Client’s sole and exclusive remedy and the The Web Shack’s entire liability with respect to any deliverable or service infringing any third party rights.
- The Web Shack will not be liable for any delay in performing or failure to perform its obligations if such failure or delay is as a result of causes outside its reasonable control.
- The Client agrees, if so requested by The Web Shack, to allow representatives of any organisation responsible for certifying standards of work access to the Client’s premises and to co-operate, so far as is reasonable, with such representatives.
- The Web Shack believes that a planned rotation of its personnel is in the Client’s best interests, both in terms of quality and cost management. The Web Shack reserves the right to meet its responsibilities through the allocation of appropriate available skilled personnel without a guarantee that specific individuals will be assigned.
- In the event of the resignation of a The Web Shack or Client project team member who is a key resource on the Project, the respective employer will endeavour to replace that person within a reasonable time period or otherwise agree to a reallocation of resources or scope change to the Project.
- Neither party shall for the duration of the Project, and for one year thereafter, employ any person engaged by the other in connection with the Project.
Termination of agreement
- The Client may terminate or restrict The Web Shack’s services at any time in which case the Client will be liable for all work done at The Web Shack’s standard billing rates which may be higher than proposed rates contracted for the Project, since proposed rates will have included assumptions on the volume of work and levels of staffing at various stages. The Client will also be liable for any cancellation charges incurred by The Web Shack. The Web Shack may terminate its participation in the project if its fees remain unpaid for sixty (60) days or if the Client commits significant or repeated breach of agreement.
- In the event that any proposed change of scope is as a result of circumstances beyond the Client’s control and the cost implication of the change of scope is, in the opinion of the Client, material, the Client may forthwith terminate or restrict The Web Shack’s services in which event the Client will be liable for all work done at the proposed rates contracted for the project.
The Web Shack reserves the right to change the terms, conditions, and notices under which The Web Shack website is offered, including but not limited to the charges associated with the use of The Web Shack website.
Agreement between user and The Web Shack
The Web Shack website is comprised of various web pages operated by The Web Shack. The Web Shack website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. your use of The Web Shack website constitutes your agreement to all such terms, conditions, and notices.
Links to third party sites
The Web Shack website may contain links to other websites (“linked sites”). The linked sites are not under the control of The Web Shack and The Web Shack is not responsible for the contents of any linked site, including without limitation to any link contained in a linked site, or any changes or updates to a linked site. The Web Shack is not responsible for webcasting or any other form of transmission received from any linked site. The Web Shack is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Web Shack of the site or any association with its operators.
No unlawful or prohibited use
As a condition of your use of The Web Shack website, you warrant to The Web Shack that you will not use The Web Shack website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use The Web Shack website in any manner which could damage, disable, overburden, or impair The Web Shack website or interfere with any other party’s use and enjoyment of The Web Shack website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through The Web Shack websites.
Use of communication services
The Web Shack website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “communication services”), you agree to use the communication services only to post, send and receive messages and material that are proper and related to the particular communication service. by way of example, and not as a limitation, you agree that when using a communication service, you will not:
- Defame abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such communication service specifically allows such messages.
- Restrict or inhibit any other user from using and enjoying the communication services.
- Violate any applicable laws or regulations.
- Violate any code of conduct or other guidelines which may be applicable for any particular communication service.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Download any file posted by another user of a communication service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all consent.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Surveys, contests, pyramid schemes or chain letters.
The Web Shack has no obligation to monitor the communication services. However, The Web Shack reserves the right to review materials posted to a communication service and to remove any materials in its sole discretion. The Web Shack reserves the right to terminate your access to any or all of the communication services at any time without notice for any reason whatsoever. The Web Shack reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in The Web Shack’s sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any communication service. The Web Shack does not control or endorse the content, messages or information found in any communication service and, therefore, The Web Shack specifically disclaims any liability with regard to the communication services and any actions resulting from your participation in any communication service. Managers and hosts are not authorized The Web Shack spokespersons, and their views do not necessarily reflect those of The Web Shack. Materials uploaded to a communication service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Materials provided or posted to The Web Shack
The Web Shack does not claim ownership of the materials you provide to The Web Shack (including feedback and suggestions) or post, upload, input or submit to any The Web Shack website or its associated services (collectively “submissions”). however, by posting, uploading, inputting, providing or submitting your submission you are granting The Web Shack, its affiliated companies and necessary sublicensees permission to use your submission in connection with the operation of their internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submission; and to publish your name in connection with your submission. No compensation will be paid with respect to the use of your submission, as provided herein. The Web Shack is under no obligation to post or use any submission you may provide and may remove any submission at any time in The Web Shack’s sole discretion. By posting, uploading, inputting, providing or submitting your submission you warrant and represent that you own or otherwise control all of the rights to your submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the submissions.
The Web Shack reserves the right, in its sole discretion, to terminate your access to The Web Shack website and the related services or any portion thereof at any time, without notice. General to the maximum extent permitted by law, “these terms and conditions will be governed by, and construed in all respects in accordance with the laws of South Africa, and subject to the exclusive jurisdiction of the South African courts in all disputes arising out of or relating to the use of The Web Shack website. Use of The Web Shack website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Web Shack as a result of this agreement or use of The Web Shack website. The Web Shack’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The Web Shack’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of The Web Shack website or information provided to or gathered by The Web Shack with respect to such use. if any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and The Web Shack with respect to The Web Shack website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and The Web Shack with respect to The Web Shack website. a printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. it is the express wish to the parties that this agreement and all related documents be drawn up in English.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. no association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.
The following will not be endorsed by The Web Shack:
- Adult/pornographic content, services and products.
- Illegal: firearms, ammunition, replicas, militaria, weapons and knives.
- Human parts and remains.
- Illegal drugs & paraphernalia.
- Unauthorized copies, copyright violations, plagiarised material.
- Psychic readings, palm readers, sorcery, black magic and divination’s.
- Photos without permission or knowledge.
- Offensive material.
Customers are responsible for any misuse of company’s services that occurs through the customer’s account. It is the customer’s responsibility to ensure that unauthorised persons do not gain access to or misuse The Web Shack’s service. The Web Shack urges customers not to reply to unsolicited mail or “spam”, not to click on any suggested links provided in the unsolicited mail. Doing so remains the sole responsibility of the customer and The Web Shack cannot be held liable for the customer being placed on any bulk mailing lists as a result. Where the customer has authorised a minor to use any of The Web Shack’s services or access its websites, you accept that as the parent/legal guardian of that minor, you are fully responsible for: the online conduct of such minor; controlling the minor’s access to and use of any services or websites; and the consequences of any misuse by the minor, including but not limited to transactions entered into by the minor using such access. The Web Shack cannot be held liable for any business dealings you have with any third parties on the internet, including any vendors, or advertisers found on, or through, The Web Shack network. Further, The Web Shack assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable customs and exchange control laws in connection with any such transactions shall be the customers.
Reservation and non-waiver of rights
The Web Shack reserves the right to amend or alter this policy at any time, and without notice to you. The Web Shack reserves the right to take action against any individuals, companies or organizations that violate any of the prohibited activities set out herein, or engage in any illegal or unlawful activity while accessing our services, to the fullest extent of the law. The Web Shack reserves the right, at its sole discretion, to act against other types of abuse not listed in this document and to investigate or prevent illegal activities being committed over our network. The Web Shack reserves the right to monitor user and network traffic for site security purposes and prevent any unauthorised attempts to tamper with our site or cause damage to our property. The Web Shack reserves the right to suspend, revoke or cancel The Web Shack’s services to the customer/user if the safety and integrity of The Web Shack’s resources are placed at risk in continuing to provide service to the subscriber/user. The Web Shack reserves the right to remove any information or materials in whole or in part, that, in The Web Shack’s sole discretion, is deemed to be offensive, indecent, or otherwise objectionable. The Web Shack does not undertake to guarantee the security of any data passing through its networks. Although The Web Shack will provide a “best effort” service, including regular updates on computer viruses and other threats to security of data, it is the responsibility of the communicating parties to safeguard their data, and The Web Shack cannot be held liable for any loss or damage arising as result of the failure to do so.
- Please note that payments for hosting or domain registrations are non-refundable. Whether you pay monthly, bi-annually or yearly, payments are non-refundable. That said payments are refundable in rare cases that the client’s website experiences large amounts of downtime from the server side. If this happens the amount refunded can be negotiated with The Web Shack.
All payments are done via debit or credit card using the secure Payfast payment gateway. Please note that by making payment through Payfast you are also agreeing to and excepting the Payfast terms and conditions. Please view the Payfast website for more information: www.payfast.co.za
- The Web Shack registers all its domains through approved domain registrars such as, ZADOMAINS. The Web Shack is entitled to use other approved entities for registration purposes, but generally may limit the domains on offer based on availability from the specific registrars in question.
- Each and every client will be bound by the terms and conditions imposed from the relevant domain space (e.g. .com / .co.za) under which their registered domain falls. It is the clients responsibility to become familiar with these terms and their implications.
- While The Web Shack continues to ensure the shortest possible domain registration process and subsequent DNS propagation, we cannot be held liable for any delays during this process. All of the initial domain registration fees are non-refundable and constitute a once off payment subject to the agreed registration period as well as renewal process.
- Upon requesting a domain transfer and accepting the relevant Service Terms, you are giving consent to The Web Shack to transfer your (registered) domain to The Web Shack’s DNS and web servers. This gives The Web Shack authority over the domain as the registrar, being nominated as an agent of the registrant. The Client thereby indemnifies The Web Shack from any disputes regarding ownership of the domain and any claims as a result thereof.
- We do our utmost to maintain weekly as well as monthly backups on our servers. The Web Shack strongly encourages its clients to maintain frequent backups of their data. Clients are held solely responsible for their own remote backups and The Web Shack will not be liable for any data loss or any other losses or damages related to backups or data recovery without exception.
- The Web Shack cannot guarantee the condition or completeness of any of its backups. Backups are provided “as is” and will be used at the Clients own risk and discretion. This includes any files restored by the Clients instruction or by the Clients themselves.
- The Web Shack may, in some instances offer its clients a separate backup service in conjunction with its hosting service. These backups will be made readily available to clients on request or when they become available.
- The Web Shack will not be liable for any losses or damages relating to any incidents arising out of such backups being provided (or not provided) to Clients on request.
Payment and Payment Terms
- Payment will be dealt with as per the General Terms.
- In the case of a website being suspended due to non-payment a reconnection fee will be payable before the website is unsuspended. An additional waiting period of up to 72 hours may be imposed in the case of multiple payment bounces.
- Cancellation will be dealt with as per the General Terms.
- Cancellation, by the Client or The Web Shack, will result in any data being permanently removed from The Web Shack’s servers. Clients are solely responsible for ensuring that backups are made of web content and email data, or any other data stored on their hosting space. The Web Shack will not be liable for loss of data, or be obliged to provide any such data once the hosting contract term has expired. Any backups made by The Web Shack will be made for legal purposes and not for data retention purposes and will not necessarily be made available to Clients on request.
Liability for Registration and Use of Domain Names
- The Web Shack has not and does not conduct pre-registration searches in respect of the Client’s use and registration of its selected Domain Name/s and is therefore not obliged to either advise the Domain Name client about possible conflicting third party rights or to take steps to ensure against possible disputes concerning a third party’s intellectual property or other rights.
- The Web Shack reserves the right to disclose pertinent information to Registrars for public disclosure as per the Terms and Conditions of the Registrar. The Web Shack will not be held liable for any claims of infringement of privacy by fulfilling such registration conditions.
- This forms a regulatory requirement by the registrar, and there a Service Agreement requirement to the Client.
- The Client indemnifies The Web Shack by warranting that the use or registration of the Domain Name by a Client does not interfere with nor infringe the rights of any third party in any jurisdiction with respect to trademark, service mark, tradename, company name, close corporation name, copyright nor any other intellectual property right, and that Client has the right to use the Domain Name as requested.
- The Web Shack reserves the right to suggest suitable alternatives to the Client and / or charge for excessive traffic or system resources as it deems necessary, at its sole discretion. Excessive traffic or use of system resources will be determined as set out in the Acceptable Use Policy.
- The Web Shack offers unlimited bandwidth (web traffic) usage on shared hosting platforms. However, this is subject to reasonable and responsible usage, as determined at The Web Shack’s discretion. Shared hosting is designed for serving personal hosting requirements or that of small enterprises, and not medium to large enterprises. The Web Shack reserves the right to move clients deemed to have excessive bandwidth usage to a cloud product, which will better suit their requirements. Clients will be given notice as such, and will be informed of any cost implications. Disk space on shared hosting may only be used for website content, emails and related system files. General data storage, archiving or file sharing of documents, files or media not directly related to the website content is strictly prohibited. Unauthorised storage or distribution of copyrighted materials is prohibited, via ftp hosts or any other means.
- The Web Shack is not responsible if any third party operated network or service experiences problems and outages (i.e. all network infrastructure and links, Client’s internet connection, firewall service managed by external parties). If the applicable web server is up and running at all times then the website will be deemed to have achieved uptime.
- Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services.
- No direct or indirect losses or damages resulting from downtime may be claimed.
Use at Client’s Risk
Disclaimers, Limitations and Indemnities
Building Your Own Website
- Should a Client choose to build their own website using our website builder software, they do so at their own risk and this creation is solely in the hands of the Client, The Web Shack will not be held responsible for any aspect of your website build when the Client has opted for the website builder software. If you would like support over and above the knowledge base provided on the website builder software you will be subject to additional fees at The Web Shacks own discretion.
Life Cycle of a New Website Design Project
- A 50% deposit is requested from the customer up front before any work can commence. This deposit covers time spent on job research, planning and various upfront costs we would have to incur.
- Once The Web Shack has received the 50% deposit the client will then receive an e-mail from a Web Designer introducing themself as well as sending a link to a project questioner. Please take the time to fill out the document in as much detail as possible.
This document needs to be submitted within 5 working days of receiving the link from the Web Designer.
If you, the client, wish to use our in-house copywriter then the time per copy project will need to be considered and will vary depending on the type of job and amount of copy that needs to be generated. Please see below in house copywriting life cycle.
Within 2 working days of the questioner being submitted, the designer will then send you the client 3 theme options to choose from.
The client is then allowed 2 working days to decide which theme best suit them. Our themes come with varied functionality. Please note any integration that is not incorporated in your chosen theme, will incur additional setup costs.
- Once a theme is chosen and any outstanding content is received our design team will then size up the project and let you know the time frame in which the first draft will be developed.
- The first draft will be a completely finished product based on the chosen theme, initial project questioner and presented written content (from the client or the copywriter).
Once the design team has created the first draft then this will be sent to the client for review.
- Once the client has received the first draft s/he is then given 5 working days to review the draft and send changes.
The changes need to be sent in a Word document, broken down page by page, via e-mail to the designer.
Changes to be made to a website are based on 30 minutes per page. For example: If the website is 5 pages then the designer is to spend 2.5 hours on changes. Any further time spent on changes is charged at our current hourly rate thereafter.
- The client is then sent the final draft along with a second invoice of 40% of final payment.
The customer accepts that by not communicating with The Web Shack during the review period, The Web Shack will accept the customer’s silence as agreement to a finished product in which case 40% of payment must be made by the customer.
- Deployment is considered to be a final status and deemed to be a live service.
Once the website is live, checked and functional the client will receive an invoice for the final 10% payment to be settled. Only on receipt of payment for the final 10% will the client be sent his/her website login details.
Any additional changes or modifications the client would like The Web Shack to implement to the live website will be charged at our current hourly rate. The changes fall into a new working cycle as they are considered a new project.
- Once the website has been taken live the client is entitled to a free 30 minute lesson on ‘how to update and maintain’ their website moving forward.
If the client wishes for further training then our consulting fee will be charged per 30 minutes thereafter.
All training is done at The Web Shack offices or via Skype.
- If you would like to improve your internet exposure, please view our Online marketing solutions under our Marketing tab at www.shack.co.za
If you wish for The Web Shack to maintain your website we charge an hourly fee based on our current hourly rate.
Please note in order to take a website live the client will need to have a registered domain and a working hosting environment. This can be obtained through The Web Shack or, alternatively another service provider. If you choose to host through The Web Shack and you have completed the signing up process we have all the relevant information needed to take your website live.
However, should you wish to use another service provider please provide us with your Cpanel / FTP details which you obtain from your chosen service provider. Our websites also need to have a MySQL database setup so make sure your provider has set that up for you before sending the hosting details to The Web Shack.
*Please note that should a client request their 50% deposit to be returned within 5 working days of payment, and no longer require our service we will gladly return the money with any deductions that have already been spent on the project.
Life Cycle of a Copywriting Project
- A meeting between the copywriter and client needs to be set up to ensure that the copy created is in line with what you as the client require.
- Depending on the size of the job, the copywriter may first send a sample copy for the client to approve and make sure that the tone, language etc is in line with what the client wants.
- The client is to send feedback and comments within 5 working day of receiving the sample copy.
- Once the sample copy is approved, the copywriter will proceed with the copy job. A timeline will then be stated based on the scope of the project.
- The copywriter will then send the first final draft for approval. The client is to send feedback within 5 working days.
Themes, Plugins & Software
- The Web Shack also builds their websites using premium third party themes and plugins, using reputable companies such as Themeforest or Codecanyon. Although these companies are trustworthy and meet current website standards, we cannot be responsible for any broken, faulty or damaged themes or plugins as we have no control over any third party software and or products.
Viruses & Outdated Websites
- The Web Shack takes all the security precautions on our Clients websites and includes the relevant security plugins as well as keeps 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.
- The Web Shack 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. The Web Shack cannot be expected to keep your website updated in every aspect without being compensated to do so. In this situation the Client may opt to have their website redeveloped.
Website Updates & Maintenance
- All changes are to be sent in a Word document from the client;
- Once we have received the Word document one of our designers will size up the time it will take them to do the changes. The client will then be sent a quotation.
- The client needs to accept the quotation before any work will commence.
- Payment is to be paid in FULL after all changes are completed.
- Any changes or updates requested that take up to 4 (four) hours to implement from our end have a turnaround time of up to 2 (two) working days;
- Any updates that exceed 4 (four) hours to implement the turnaround time is then discussed between the client and the project manager. We understand that majority of updates or changes are urgent so we therefore will try our best to prioritise these changes or updates.
- Should a Client choose to maintain their own website, The Web Shack cannot be held responsible if anything breaks during content updates, plugin additions as well as theme updates. This also pertains to anything that the Client has chosen to edit without our knowledge and/or approval. Alternatively feel free to get The Web Shack to maintain your website at our hourly rate. If you choose to update your own website and in rare cases the website does break and is unfixable we can always restore a previous backup for you upon your request.
- We reserve the right to withhold login credentials for any websites we have developed from clients, until we have received payment in full. This applies regardless of whether the website is on the live domain or is still on our demo servers being finalised. We cannot be held liable for changes made directly by the client once they have received the login credentials further.
The Web Shack is committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience. This Statement of Privacy applies to the The Web Shack website and governs data collection and usage. By using the The Web Shack website, you consent to the data practices described in this statement.
Collection of your personal information
The Web Shack collects personally identifiable information, such as your e-mail address, name, home or work address or telephone number. The Web Shack also collects anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, interests and favorites. There is also information about your computer hardware and software that is automatically collected by The Web Shack. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used by The Web Shack for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the The Web Shack website. Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through The Web Shack public message boards, this information may be collected and used by others. Note: The Web Shack does not read any of your private online communications. The Web Shack encourages you to review the privacy statements of websites you choose to link to from The Web Shack so that you can understand how those websites collect, use and share your information. The Web Shack is not responsible for the privacy statements or other content on websites outside of the The Web Shack and The Web Shack family of websites.
Use of your personal information
The Web Shack collects and uses your personal information to operate the The Web Shack website and deliver the services you have requested. The Web Shack also uses your personally identifiable information to inform you of other products or services available from The Web Shack and its affiliates. The Web Shack may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered. The Web Shack does not sell, rent or lease its customer lists to third parties. The Web Shack may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. In addition, The Web Shack may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to The Web Shack, and they are required to maintain the confidentiality of your information. The Web Shack does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent. The Web Shack keeps track of the websites and pages our customers visit within The Web Shack, in order to determine what The Web Shack services are the most popular. This data is used to deliver customized content and advertising within The Web Shack to customers whose behavior indicates that they are interested in a particular subject area. The Web Shack websites will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on The Web Shack or the site; (b) protect and defend the rights or property of The Web Shack; and, (c) act under exigent circumstances to protect the personal safety of users of The Web Shack, or the public.
Security of your personal information
The Web Shack secures your personal information from unauthorized access, use or disclosure. The Web Shack secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.
The The Web Shack website use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize The Web Shack pages, or register with The Web Shack site or services, a cookie helps The Web Shack to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same The Web Shack website, the information you previously provided can be retrieved, so you can easily use the The Web Shack features that you customized. You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the The Web Shack services or websites you visit.
Changes to this statement
The Web Shack will occasionally update this Statement of Privacy to reflect company and customer feedback. The Web Shack encourages you to periodically review this Statement to be informed of how The Web Shack is protecting your information.
The Web Shack welcomes your comments regarding this Statement of Privacy. If you believe that The Web Shack has not adhered to this Statement, please contact The Web Shack at [email protected]. We will use commercially reasonable efforts to promptly determine and remedy the problem.
Access to Information Act
As per the section 51 manual for The Web Shack cc, please take note of the introduction provided below to the Web Shack. Bear in mind as we expand on our service offering, there may be areas of each service not limited to the list below:
Particulars in terms of the section 51 manual
- Contact details [section 51(1)(a)]
The guide will be available from the South African human rights commission by not later than august 2003. Please direct any queries to:
The South African human rights commission: PAIA unit the research and documentation department
Form of request
The minister of justice and constitutional development has not made any regulations in this regard.
This manual is available at the above mentioned street address for inspection; copies are available at the SAHRC, in the gazette and at www.shack.co.za. Application forms can be obtained at www.sahrc.org.za.