Terms & Conditions
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”.
Project responsibility
1. 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;
2. The Web Shack and the Client recognise they must both use all reasonable endeavours to meet agreed deadlines;
3. The Web Shack may appoint sub-contractors to assist in meeting its obligations on the Project;
4. 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
5. 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.
Confidentiality
6. 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.
7. 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
8. 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
9. 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.
10. 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.
11. 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.
12. 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
13. 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.
Force majeure
14. 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.
Quality assurance
15. 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.
Personnel
16. 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.
17. 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.
18. 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
19. 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.
20. 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.
Payment
21. The economics of The Web Shack’s proposal are based on timeous payment of invoices to balance expenditures on salaries and office costs. As a consequence, all invoices for fees and expenses will be payable monthly on presentation or as scheduled in the Memorandum of Agreement. Any sum which remains outstanding beyond ten (10) days will bear interest from the date of presentation until paid in full. This interest will be at the then current Standard Bank Prime Rate compounded monthly.
A physical copy (PDF) of our Standard Business Terms may be sent on request.
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.
Use of Cookies
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.
Contact 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 info@shack.co.za. 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:
- Website Development & Design Services.
- Hosting Services (Shared & Dedicated Servers).
- Social Media Marketing.
- Google Adwords Campaigns.
Particulars in terms of the section 51 manual
- Contact details [section 51(1)(a)]
Physical Address: 376 Summit Road, Sandton, 2057
Telephone Number: +27 (011) 021 2992
E-mail Address: info@shack.co.za
- The section 10 guide on how to use the act [section 51(1)(b)]
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
Postal Address: Private bag 2700, houghton, 2041
Telephone Number: +27 (011) 484-8300
Faxline: +27 11 484-0582
Website Link: www.sahrc.org.za
E-mail Address: paia@sahrc.org.za
- Records available in terms of any other legislation [section 51(1)(d)]
Staff records:
Employment contracts
Pay slips
UIF information
Staff contact details
Performance records
Staff CVs
Company records:
Registration papers
Share certificates
Financial statements
VAT forms
Applicant CVs
PAYE forms
Form of request
- The requester must use the prescribed form to make the request for access to a record. this must be made to the head of the private body. This request must be made to the address, fax number or electronic mail address of the body concerned [s 53(1)].
- The requester must provide sufficient detail on the request form to enable the head of the private body to identify the record and the requester. The requester should also indicate which form of access is required. the requester should also indicate if any other manner is to be used to inform the requester and state the necessary particulars to be so informed [s 53(2)(a) and (b) and (c)].
- The requester must identify the right that is sought to be exercised or to be protected and provide an explanation of why the requested record is required for the exercise or protection of that right [s 53(2)(d)].
- If a request is made on behalf of a another person, the requester must then submit proof of the capacity in which the requester is making the request to the satisfaction of the head of the private body [s 53(2)(f)].
Fees
- The head of the private body must notify the requester (other than a personal requester) by notice, requiring the requester to pay the prescribed fee (if any) before further processing the request [s 54(1)].
- The fee that the requester must pay to a private body is r50. the requester may lodge an application to the court against the tender or payment of the request fee [s 54(3)(b)].
- After the head of the private body has made a decision on the request, the requester must be notified in the required form.
If the request is granted then a further access fee must be paid for the search, reproduction, preparation and for any time that has exceeded the prescribed hours to search and prepare the record for disclosure [s 54(6)].
Other information
- Other information as may be prescribed [section 51(1)(f)]
The minister of justice and constitutional development has not made any regulations in this regard.
- Availability of the manual [section 51(3)]
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.
Website Design Project Outline
To keep your project running on time please read and adhere to the “Life Cycle of a Website Design Project”. The Web Shack assumes no responsibility for clients failure to do so.
Deposit Due
a) A deposit of 50% of the total fee is due before any work will commence.
Project Questionnaire
a) Upon receipt of the proof of payment of the deposit, The Web Shack Project Manager will forward the client 3 theme options and a link to a project questionnaire. Please take the time to fill out the questionnaire in as much detail as possible as this will help with the creation of the website. The client must also select 1 of the 3 themes. Please be sure that the chosen theme suits the website needs as this cannot be changed at a later stage.
b) The questionnaire and chosen theme must be submitted within 5 working days of receiving the link from the Project Manager.
c) Our themes come with varied functionality. If at any stage of the project the client requests integration that is not incorporated in the chosen theme additional setup costs will incur to the client.
Specifications and Meeting
a) An online (Zoom, Teams or Google Meet) meeting will be set between the client and a designer from The Web Shack in order to discuss the project.
Website Development
a) Once a theme is chosen, all content is received, the questionnaire has been completed and the client has met with the applicable parties from The Web Shack, the project will be assessed by The Web Shack and the client will be provided with a time frame in which the first draft will be developed and produced.
First Draft
a) The first draft will be a complete product based on the chosen theme, initial project questionnaire and presented copy from the client.
b) Once The Web Shack has compiled the first draft it will be sent to the client for revision.
Revision 1
a) Once the client has been sent the first draft s/he has 5 working days to review the draft and request changes.
b) To request changes, you have two options:
- Written Submission: Send us a Word document or an email containing all your feedback and requested changes. This document should include every detail you wish to revise.
- Virtual Meeting: Schedule a meeting with a member of The Web Shack via Zoom, Teams, or Google Meet. During this meeting, all changes will be documented and sent to you via email for your approval before the first draft changes are made.
We strongly recommend scheduling a meeting to ensure all your revisions are accurately captured.
c) Please be advised that point “b” above will constitute the complete brief for the first revision. It is essential that you provide all updates and changes in detail. Your document should be organised into sections corresponding to the pages of your website.
d) The client accepts that by not communicating with The Web Shack during the revision period, The Web Shack will accept the client’s silence as agreement to a finished product.
Revision 2
a) Once the client has been sent Revision 1 s/he has 5 working days to review the draft and request changes.
b) To request changes, you have two options:
- Written Submission: Send us a Word document or an email containing all your feedback and requested changes. This document should include every detail you wish to revise.
- Virtual Meeting: Schedule a meeting with a member of The Web Shack via Zoom, Teams, or Google Meet. During this meeting, all changes will be documented and sent to you via email for your approval before the first draft changes are made.
We strongly recommend scheduling a meeting to ensure all your revisions are accurately captured.
c) Please be advised that point “b” above will constitute the complete brief for the second revision. It is essential that you provide all updates and changes in detail. Your document should be organised into sections corresponding to the pages of your website.
d) The client accepts that by not communicating with The Web Shack during the revision period, The Web Shack will accept the client’s silence as agreement to a finished product.
Additional Revisions
a) Revision 2 will be considered the final draft, unless additional revisions are requested.
b) Additional revisions will be quoted separately from the initial quotation. Work will only commence once the quote has been formally accepted.
c) Please note that additional revisions will only be undertaken once the invoice for revision one and two has been settled. Additional revisions will be considered a new project.
Final Draft
a) The client is sent the final draft along with the final invoice.
Going Live – The Final Product
a) The website will be taken live.
b) In order for a website to be taken live the client must have a registered domain and a working hosting environment. This can be obtained through The Web Shack (partnered with Go Daddy) at https://www.hostingshack.co.za/products/wordpress or alternatively, another service provider. Should the client choose to host through The Web Shack, once the signing up process and purchase of product has been completed, The Web Shack can take the website live. Should the client wish to use another service provider The Web Shack will require Cpanel/FTP details – the client can obtain these from their service provider. Additionally, clients will need to ensure that the service provider has set up MySQL database before The Web Shack can take the site live.
c) Only upon settlement of the full fee will the client be sent his/her login details
d) The website is now a live, complete and working final product.
Additional Changes
a) Any additional changes or modifications the client would like The Web Shack to implement to the live website will be charged at the current hourly rate. The changes will fall into a new working cycle as they are considered a new project
Training
a) Once the website has been taken live the client is entitled to a free 30 minute training session on ‘how to update and maintain’ their website moving forward.
b) If the client requests further training The Web Shack consulting fee will be charged per 30 minutes thereafter.
c) All training is done via Zoom or Microsoft Teams.
Improvement, development and maintenance
a) Should the client wish to improve their online presence, please browse our online marketing solutions under the marketing tab at www.shack.co.za
b) Should the client require The Web Shack to maintain their website, an hourly fee will be charged.
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 hours to implement from our end have a turnaround time of up to 3 working days;
Any updates that exceed 4 hours will have an added turnaround time of 1 working day per 2 hours. 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.
General Project Terms
Themes, Plugins & Software
a) The Web Shack builds their websites using the open source content management system (CMS) called WordPress, we are then obligated to abide by their terms of use which means if you choose to use The Web Shack’s services you accept these terms and warrant that The Web Shack will not be responsible for any damages or faulty software from WordPress.org.
b) 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
a) 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.
b) 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.
Refunds
a) Should a client request their 50% deposit be returned within 5 working days of payment, and no longer require The Web Shacks services, The Web Shack will gladly process the refund. Deductions may apply for resources already spent on the project.
b) If 5 working days have passed since payment, The Web Shack will not process refunds.
Google Ads
- Monthly invoices will be issued on the 25th of the previous month and need to be paid by the 10th of the current month. Failure to do so may result in the client’s Google Ads account running out of budget. The Web Shack will not add any budget to a client’s account until payment has been made in full.
- 1 calendar month notice need to be given in writing to The Web Shack should you wish to terminate.
- Hours will be managed and assigned as The Web Shack deems appropriate unless otherwise requested by the client.
- Should the client request additional hours, a quotation will be sent before any work will be undertaken.
- The Web Shack reserves the right to reasonably deem what Google Ads activities are advisable and/or urgent based on their professional opinion.
Search Engine Optimization (SEO)
- Monthly invoices are to be paid within the first week of each month.
- 1 calendar month notice need to be given in writing to The Web Shack should you wish to terminate.
- In order to use our monthly SEO service your website needs to be built in WordPress.
- Some SEO activities may be forbidden by your host. The Web Shack will not undertake these activities. It is the responsibility of the client to be aware of the restrictions of their hosting provider.
- Hours will be managed and assigned as The Web Shack deems appropriate unless otherwise requested by the client.
- Should the client request additional hours, a quotation will be sent before any work will be undertaken.
- The Web Shack reserves the right to reasonably deem what SEO activities are advisable and/or urgent based on their professional opinion.
- SEO of individual products for e-commerce websites will be undertaken as a long term task.