This document defines the terms and conditions of our working relationship. Unless otherwise agreed to in writing by both the parties, by placing an order with Dun Technologies (Pty)Ltd, you confirm that you are in agreement with and bound by the terms and conditions below.
As used herein and throughout this Agreement:
“Agreement” means the entire content of this Basic Terms and Conditions document, the Proposal document(s), Schedule(s), together with any other Supplements designated below, together with any exhibits, schedules or attachments hereto.
“Content” means all materials, information, photography, writings and other creative content.
“Copyrights” means the property rights in original works of authorship, expressed in a tangible medium of expression, as defined and enforceable under South African and International Copyright Law.
“Deliverables” means the services and work product specified in the Proposal to be delivered by Dun Technologies (Pty)Ltd to the CLIENT, in the form and media specified.
“Services” means all services and the work product to be provided to Client by Dun Technologies (Pty)Ltd as described and otherwise further defined.
“Trademarks” means trade names, words, symbols, designs, logos or other devices or designs used in the Final Deliverables.
“Ongoing Management” means the ongoing work to keep the website functioning and secure. This includes, but is not limited to: data management, backups, maintenance, upgrades and software patches.
Dun Technologies (Pty)Ltd's number one priority is to offer the CLIENT a professional web service, which may include, but is not limited to web design, hosting, domain registration/renewal, maintenance, online advertising management, search engine optimization, social media marketing and graphic design.
The CLIENT authorises Dun Technologies (Pty)Ltd to perform the services outlined in this agreement on the CLIENTS’ behalf, which may include, but is not limited to, registering their domain, accessing their hosting account and disk space, creating databases and applications, managing their online advertising, and submitting their project to search engines.
Services supplied, costs and rates are limited to what is specifically set forth in the service package agreement. Any additional services will require an additional agreement. Our agreement is for the full package containing various services. Should the CLIENT not utilise all services offered within the complete package, the CLIENT will still be liable for the full payment for the complete package.
Changes and additions outside of the scope of this document will be quoted and invoiced to the CLIENT. The CLIENT will be advised of all costs, changes and additions before commencement of the additional work. Fees for professional services do not include outside purchases such as, but not limited to, software licensing, copyright licensing, photography, color printouts, illustrations or courier service. Additional expenses are itemized on each invoice.
The CLIENT agrees to pay Dun Technologies (Pty)Ltd in accordance with the terms specified in each proposal/estimate. Payment will be due from the date of signing the agreement. If the CLIENT fails to pay any invoice, Dun Technologies (Pty)Ltd reserves the right to withdraw the website and associated materials or refuse completion and/or delivery of work until past due balances are paid. All materials or property belonging to the CLIENT, as well as work performed, may be retained as security until all just claims against the CLIENT are satisfied. The CLIENT is responsible for any debt collection, legal or court fees which may come due. In the event of cancellation of the project prior to completion, the CLIENT will be liable for 1 month's payment as per the 30 day cancellation notice.
Dun Technologies (Pty)Ltd will not disclose to any third party or use, other than for the purposes of this agreement, any knowledge or information imparted to or obtained by it during or in connection with the fulfilment of this agreement, which is of a secret or confidential nature relating to the business, equipment, processes, products, services or business strategies offered or employed by the CLIENT. This obligation of confidence will cease to apply in relation to information that Dun Technologies (Pty)Ltd is required to disclose by any law, or which becomes part of the public domain other than as the result of a breach by Dun Technologies (Pty)Ltd of its obligations of confidence under this Agreement.
Web Partner may terminate this Agreement with immediate effect giving written notice to the other of such termination. The CLIENT may terminate the agreement providing 30 days written notice. The CLIENT will be liable for final payment during the 30 days notice period and all other outstanding balances. The CLIENT shall assume responsibility for collection of all legal fees necessitated by default in payment.
Should there be any allegations against the CLIENT regarding illegal activity on the website eg, using the website to scam users/ fraud clients, Web Partner will have the right to terminate the website with immediate effect. It is the CLIENTS responsibility to provide Dun Technologies (Pty)Ltd with proof that such allegations are false, before the website will be activated again.
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