Terms and Conditions

Terms and Conditions

The following Terms & Conditions are a legal and binding document, applicable to all products and/or services undertaken by Jenna van der Westhuizen CC t/a Website Refresh, for and on behalf of any Client(s) who have duly signed Website Refresh with Website Refresh for any such products and/or services, and therefore authorised Website Refresh to render the aforementioned products and deliver said services.

Terms and Conditions:

  1. Design and Reoccurring Fees are as per the website: Costings are as displayed on the website. All prices are subject to change with 2 months’ notice. The notice is only applicable for annual and monthly fees. Design fees are subject to change without notice.
  2. Extra Plugin Fees: Please note that for some enhancements, are there additional plugin fees. Some of these are annual fees, and need to be renewed annually.
  3. Project Specification: The Client must supply the Project Specifications to Website Refresh for Website Refresh to issue an accurate and binding agreement. In order to deliver these products and/or services within the projected time-frames, the Client’s co-operation is paramount.
  4. Acknowledgement: Upon a Client signing the purchasing the packages on the website, the Client acknowledges that they have read and accepted these Terms and Conditions.
  5. Agreement:
    1. Website Refresh can not be held responsible for delays outside of their control, including but not limited to equipment failure, Third Party Hosting Services, and internet connections.
    2. Products and/or services as described in the Quotation will only commence, once the Client’s order has been confirmed as received by Website Refresh, which will be reciprocated with a Statement allocating Payment to said Invoice, to the Client, when said funds are confirmed by Website Refresh.
  • Website Refresh endeavour to make websites that perform well in current major browsers, but can not guarantee backward compatibility (i.e. functionality on older devices and software).
  1. Copyrights:
    1. The Client has to ensure they have the Copyright for all material supplied.
    2. Website Refresh, employees, independent contractors, affiliates, agents, agencies or any associates involved in a Client’s products and/or services, will not be liable or held responsible for any Copyright disputes.
    3. If and when Website Refresh are informed that material was provided without the required Copyright, illegal content will be removed immediately and the Client will be billed with the cost thereof.
    4. Website Refresh does not take any responsibility for any and all content supplied from the Client without proper Copyright whatsoever.
  2. Website hosting:
    1. Hosting via Website Refresh allows for allocated disk space limited to that Hosting package. Disk over-usage will be charged at the appropriate rate at that time, Invoiced to the Client’s account and must be paid within 7 (seven) calendar days after Invoice date thereof.
    2. Hosting fees are payable from date of domain registration or transfer to Website Refresh.
    3. Payments not received by the 5th of each month will automatically suspend the Client’s Hosting service, thus deactivating the Client’s website and linked e-mail accounts.
    4. A reactivation fee, at the appropriate rate at that time, will be billed to the Client.
    5. Hosting fees not received for 2 consecutive calendar months irrevocably terminates the linked website and associated e-mail accounts with the host. The Client’s domain registration remains for the balance of the yearly domain fee paid, but no software, design and/or development work associated with the domain is recoverable by reactivation hereafter.
    6. Website Refresh reserves the right to suspend the Client’s services due to non-payment and charge fees, at the appropriate rate at that time, on all arrears in accordance with these Terms and Conditions.
    7. Hosting cancellations are only accepted in writing e-mailed to info@websiterefresh.co.za, on or before the 1st of the new month as it carries a calendar month notice period.
    8. All outstanding payments must be paid up to date before the Client’s Hosting services will be terminated with Website Refresh, thus enabling release to transfer to a Third Party Hosting Service Provider.
  3. Hosting via a Third Party Service Provider:
    1. The Client has to provide Website Refresh with their Cpanel, FTP and database details to upload onto Website Refresh’s software.
    2. If the Client uses a Third Party Service Provider on Website Refresh’s recommendation, the Client will enter into an agreement directly with that Third Party Service Provider.
    3. Website Refresh will not be held liable or have any responsibility for the Client’s Hosting Services via a Third Party Service Provider as we do not have control over the status of hosting, domain renewals or e-mail when not hosted with Website Refresh.
    4. All technical aspects of websites must be referred to the Client’s Third Party Hosting Service Provider.
    5. Website Refresh will however assist the Client upon request with Third Party Hosting Service Provider(s). This time may be billed to the Client at the discretion of Website Refresh.
  4. Search Engine Optimization (SEO):
    1. Website Refresh can not guarantee search positions or rankings of websites, but include Search Engine Optimisation (SEO) in the form of meta tags and descriptions, structure and basic content recommendations. Website Refresh can assist with the Client’s SEO if and when required and will issue the Client a Quotation accordingly.
  5. E-Commerce/ Online Store:
    1. Website Refresh will only load 30 products on the website on the Client’s behalf. However, the Client will be able to load unlimited products.
    2. Should the Client require Website Refresh to load more than the aforementioned 30 loaded products, Website Refresh will issue the Client a Quotation accordingly.
  6. Review and Changes:
    1. On design completion of the Client’s website, the website will be activated for 2 (two) working days, in order for the Client to preview and respond with amendments and/or improvements, within these 2 (two) working days, in writing by e-mail info@websiterefresh.co.za .
    2. Hereafter the Client’s website will be reverted to “Under Construction” status until these amendments and/or improvements, or other adjustments have been made.
  7. Completion Date:
    1. Activation of the Client’s website is conditional to the Terms & Conditions 11 above.
    2. The Completion Date of a project is affected by feedback and received content from the Client. Time-frames will be adjusted within reason, notwithstanding these Terms & Conditions.
    3. The Client will be notified when the website is activated, and then the Client will have 2 (two) working days to report any faults or request minor alterations (within the initial Agreement), in writing by e-mail info@websiterefresh.co.za .
    4. Should Website Refresh not receive a reply within 2 (two) working days via e-mail, the Client’s website is considered finalised and complete. Therefore, Website Refresh takes no responsibility for website content errors hereafter.
    5. Please note that any further adjustments or amendments after this date will be at an additional cost as set out in Terms and Conditions 13.
  8. Additional Work:
    1. Additional Work requested and agreed to, or any other work in progress for the Client’s website after the Completion Date of the original Agreement, will be billed monthly in accordance to these Terms and Conditions, quoted and agreed to.
    2. All payment(s) and time-frame(s) as set out in these Terms and Condition shall apply.
    3. Scope creep will not be tolerated, and setting clear goals, objectives and specifications in the initial negotiations and Project Specifications with Website Refresh remain the responsibility of the Client.
    4. Website Refresh may suggest Additional Work for the Client’s project, including but not limited to graphic design, software, etc. to enhance the Client’s website functionality and appearance, and reserves the right to do so free of charge or Website Refresh will issue the Client a Quotation accordingly.
  9. Service Agreement:
    1. The Client may request Website Refresh access to their website’s Content Management System (CMS). Upon doing so, the Client indemnifies Website Refresh from any changes made by the Client or any third party to the website, which includes but is not limited to any content changes, software updates, added software, or loss of information.
    2. A restoration fee in accordance to these Terms and Conditions, quoted and agreed to, will be billed when having to restore a website.
    3. Website Refresh commit to respond to any technical error, which may be the result of their Hosting services, design software or any plausible fault, omission or neglect on their part within this agreement(s), within 2 (two) working days.
    4. Website Refresh are not liable to Client(s) or responsible for said products and/or services of Client(s) whose accounts are not paid up to date.
  10. Invoices and Statements:
    1. Website Refresh are not a credit service provider and does not grant any credit facilities whatsoever.
    2. Client Statements and accounts does not imply negotiable payment terms, and are issued in accordance with the nature of Website Refresh being a month-to-month service provider.
    3. All Invoices are billed to the Client’s account and e-mailed to the Client in accordance with these Terms and Conditions, and payments made by the Client are allocated to Invoices on the Statement upon Website Refresh having confirmed receipt of said funds.
    4. Invoices, corresponding payments received, and due balances will reflect on the Client’s Statement.
    5. Due to the nature of the business, additional Client Statements will be issued and e-mailed for all overdue balances and additional fees Invoiced, on the 1st (first) and 7th (seventh) calendar day of each month consecutively and cumulative, unless the date falls on a public holiday or weekend.
  11. Legal Costs:
    1. Failure to comply with these Terms and Conditions regarding payments and fees will result in legal action from Website Refresh’s legal representative(s), and the full outstanding balance becomes payable.
    2. All legal cost resulting of non-payment will be accrued to the Client’s outstanding balance.
  12. Cancellations:
    1. Should the Client cancel the project at any time, all fees up to that point of work will be calculated. Any amount greater than the 50% deposit will be billed to the Client. This is payable within 7 (seven) calendar days of Invoice date.
    2. Website Refresh will only refund Client’s amounts paid, greater than the 50% deposit for products and/or services not delivered in accordance to the initial Agreement(s), or balance thereof in accordance to Terms & Conditions.
    3. Hosting and Domain Fees are non-refundable, as these are paid in advance.
    4. Website Refresh reserves the right at its discretion to cancel this Agreement should the Client breach any of the Terms and Conditions stated herein.
  13. Security:
    1. Website Refresh will not be held liable for any viruses, hacking, malicious content or any Security breaches pertaining to any third party applications or to the Client’s website.
    2. Website Refresh Hosting service provider may at any time suspend a domain should any viruses or malicious content be exposed through hacking or security breaches to any third party application or website.
  14. General:
    1. Website Refresh reserves the right to make changes to these Terms and Conditions at any time without prior consent of any or all of their Clients, employees, independent contractors, affiliates, agents, agencies or any other third party agreements.
    2. These Terms and Conditions are legally binding in accordance with the publishing date hereof, as incorporated on Website Refresh own website, and date of signing a product and/or service delivery Agreement(s) with Website Refresh.