1 The following Terms of Sale is a legal and binding contract applicable to all products and/or services undertaken by InstaBiz (Pty) Ltd, trading as InstaBiz, for and on behalf of any Client who have duly accepted InstaBiz's quotation, or purchasing a product and or service through our website, for any such products and or services, and therefore authorised InstaBiz to render the aforementioned products and deliver said services.
DEFINITIONS
For purposes of this agreement, unless the context clearly requires otherwise:
1 The singular includes the plural and vice versa.
2 A reference to any gender, includes a reference to the other gender.
3 The headings in this agreement are for convenience only and are not to be taken into account when interpreting the agreement.
4 The use of the word “including” followed by a specific example(s) shall not be construed as limiting the meaning of the general wording preceding it and the ejusdem generis rule shall not be applied in the interpretation of such general wording or such specific example(s).
5 InstaBiz (Pty) Ltd – Hereinafter referred to as the “Company”, “InstaBiz”, “we”, “us”, or “our”.
6 This agreement – The Terms of Sale.
7 Consumer Protection Act 68 of 2008 – hereinafter referred to as the “Act”, the “Consumers Act”, or the “CPA”.
8 Client – The end user, or purchaser
9 Business day – any day other than a Saturday, Sunday or South African public holiday.
10 South African Public holidays – There are 12 public holidays Note: The dates on which Good Friday and Easter Sunday fall are determined according to the ecclesiastical moon. That varies each year but they fall at some point between late March and late April. Note: Whenever any public holiday falls on a Sunday, the Monday following on it shall be a public holiday.
1 January: New Year’s Day
21 March: Human Rights Day
Good Friday
Family Day
27 April: Freedom Day
1 May: Workers' Day
16 June: Youth Day
9 August: National Women’s Day
24 September: Heritage Day
16 December: Day of Reconciliation
25 December: Christmas Day
26 December: Day of Goodwill
11 Business hours – our normal business hours on business days which include
Monday – Friday: 08:00-18:00
Saturday: 08:00-16:00
Sunday: Closed
12 Contract year – in respect of an order, each successive 12 calendar month period during the term of the order, calculated from the effective date.
13 Effective date – in respect of each order, the effective date stipulated in each order, in the absence of which it will be the date the order is accepted by us.
14 Order – an order placed through the website describing the specific goods to be provided by us to you.
15 Our technology – any technology that we have created, acquired or otherwise have rights in and may, in connection with the performance of our obligations under the agreement, employ, provide, modify, create or otherwise acquire rights in and includes any: concepts or ideas; methods or methodologies; procedures or processes; know-how or techniques; function, process, system, data, or object models; templates; the generalised features of the structure, sequence and organisation of software, user interfaces and screen designs; general purpose consulting and software tools, utilities, routines or frameworks; logic, coherence and methods of operation of systems; and patches or enhancements to open source libraries.
16 Personnel – any director, employee, agent, affiliate, consultant, contractor or other representative.
17 Sign / Signature – the handwritten signature, advanced electronic signature, or an electronic signature as proscribed in the Electronic Communications Act 36 of 2005.
18 Signature date – the date of signature by the party signing last.
19 tax means any:
tax (including value added tax, income taxes, pay-as-you-earn tax or other taxes levied in any jurisdiction);
duty (including stamp duty);
tariff, rate, levy; or
any other governmental charge or expense payable.
20 Website – InstaBiz's website, subdomains and subdirectories of which the main url is www.instabiz.co.za
1 All the products and services are listed on InstaBiz's website https://instabiz.co.za, complete with pricing and descriptions.
2 Whenever a client have materially different project spesifications as set out on our website, they must supply the Specifications to InstaBiz in order for us to issue an accurate and binding quotation.
3 If the Client requires further assistance with the creation of Project Specifications, InstaBiz can assist the Client and may bill the client at the discretion of the Company.
1 Upon a client purchasing a product or service from our website, the client acknowledges that they have read, understand, and accepted the Terms of Sale.
2 Additionally, upon a Client's acceptance of the Quotation, the client acknowledges that they have read, understand, and accepted the Terms of Sale.
1 The Client acknowledges acceptance of the Terms of Sale by purchasing products and or services through our website, and pay the required fees via the stipulated payment gateways.
2 The Client acknowledges acceptance of the Quotation by paying 50% of the total quoted value, in the available currancies, as a deposit via any of the available payment gateways.
3 Products and or services as set out in the Quotation, will only commence, once the deposit has been received by InstaBiz.
4 We commit to work expeditiously to complete the products and/or services, as per the description on our website, or as per the quotation, within the Project Specifications and time-frames indicated.
5 We cannot be held responsible for delays beyond our control, including but not limited to equipment failure, Third Party Hosting Services, third party products, servicess and internet connections, and or forcee majeur.
1 InstaBiz strive to design websites that perform optimally in dated browsers, such as Google Chrome, Firefox, Safari, Microsoft Edge, Opera, Brave, etc. and on most devices such as Laptops, Desktop PC's, mobile phones, tablets, etc. Note: We cannot, however, garentee backward compatibility, such as older outdated software versions, and or older devices.
1 Deposits are non-refundable unless we at our sole discretion decide otherwise. The decision is based on the factors surrounding the project in question, and might include, but is not limited to, the time already spend on the project, the expenses incurred, etc, and is non-negotiable.
fails to rectify compliance with this agreement within seven days of receiving written notice from the other party to do so after a bridge of this agreement;
breaches this agreement materially twice or more in any six month period;
is insolvent (bankrupt), or has some legal disability, for example, if they are placed under administration;
takes active steps to deregister itself (close down) or is deregistered;
makes any settlement or arrangement with its creditors; or
fails to pay a court order against it (does not satisfy a writ of execution) for more than one million rand, within 21 days.
Then the other party may, without prejudice to any of its rights:
claim specific performance of this agreement (make the party comply with this agreement); or
immediately cancel this agreement in writing; and
claim damages from the other party, including any claim for any fees already due.
1 No party will be liable for any breach of this agreement caused by circumstances beyond its control, including flood, fire, earthquake, war, tempest, hurricane, industrial action, Covid19 and related regulations, government restrictions, or acts of God.
2 If there is an event of force majeure, the party affected must inform the other party immediately in writing, and they will meet within seven days to negotiate other ways to carry out any affected responsibilities under this agreement. The parties will continue to comply with the responsibilities that are not affected by the circumstances.
3 If a party cannot fulfil a material (significant) part of its responsibilities under this agreement for more than 60 days because of force majeure, the other party may cancel this agreement by written notice.
1 Required documentation refers to any and all information necessary for the timeous commencement and delivery of products and/or services as described in these Terms of Sale and indicated by the Project Specifications, and includes but are not limited to, all material such as, text copy, product details, pictures, videos, company profiles, et cetera.
2 The Client is to provide all Required Documentation electronically to us via the platforms provided to initiate work on aforementioned quoted products and/or services, unless they are to be created as part of the project.
3 The Client’s quoted and accepted products and/or services will only be queued and allocated accordingly, after compliance with Terms & Conditions 6.2. unless agreed otherwise in writing.
4 If the Client does not supply InstaBiz with the Required Documentation within 20 (twenty) calendar days from Invoice date, the entire amount of the Agreement becomes due and payable, should the Client choose to continue the Agreement with us.
5 If the Client still has not submitted or provided all the Required Documentation within 45 (forty-five) calendar days from Invoice date, an additional continuation fee of 15% of the total Quotation(s) will be billed for each month until the quoted products and/or services are completed.
1 The Client has to ensure they have the copyright and trademark for all material supplied to us.
2 InstaBiz's 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, and related disputes.
3 If and when we are informed that material was provided without the required copyright, the illegal content will immediately be removed, and the client will be billed for the removal of the content.
4 InstaBiz does not take any responsibility for any and all content supplied from the client without proper copyright whatsoever.
1 1 Unless otherwise specified in the project specifications, or the quotation, the client shall supply all Graphic Images to be published in accordance with the specified products and/or services.
2 Graphic Images (including but not limited to artwork and logos) supplied by the client, must be of high digital quality and applicable format. The format can, and will be confirmed by us.
3 Photographs supplied by the client must be of high digital quality and applicable format.
1 Hosting via InstaBiz allows for allocated disk space and traffic bandwidth limited to that Hosting package. Disk over-usage will be charged at the appropriate rate at the time of invoiced, Invoiced to the Client’s account and must be paid within 14 (fourteen) calendar days after Invoice date thereof.
2 Hosting is up front for each month.
3 Monthly Hosting & Yearly Domain Fees must be paid on or before the last working day of each month.
4 Hosting fees are payable from date of domain registration, transfer of domains to InstaBiz hosting, and if applicable, from start of website development / design by the InstaBiz team.
5 Payments not received by the third day of each month, automatically suspends the client’s hosting service, thus risk deactivating the Client’s website.
6 An additional reactivation fee, of R100.00 or $10 will be billed to the client.
7 Hosting fees not received for 3 (three) consecutive calendar months irrevocably terminates the linked website 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.
8 We reserve 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 of Sale.
9 No notice is required to terminate your services with InstaBiz.
10 Subject to paragraph 11.9, all outstanding payments must be paid up to date before the Client’s Hosting services will be terminated with InstaBiz thus enabling release to transfer to a Third Party Hosting Service Provider.
11 InstaBiz makes use of the world’s leading WordPress host, WP Engine. We therefore cannot be held liable for downtime or loss due to technical faults from the servers due to hacks, technical errors, electricity outages, etc.
12 Should there be any website downtime, due to reasons outlined in 11.10, the InstaBiz team will do everything in their power to resolve the situation promptly.
13 Should the hosting be cancelled as set out in paragraph 11.8, the onus will be on the client to migrate/transfer the site and all its content. InstaBiz can also manage the migration at the request of the client, and the client will subsequently be billed for the time spend on the migration.
WEBSITE HOSTING VIA A THIRD PARTY SERVICE PROVIDER
1 If the client makes use of a Third Party Service Provider, the client will enter into an agreement directly with that Third Party Service Provider.
2 InstaBiz 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 email services.
3 All technical enquiries must be referred to the client’s Third Party Hosting Service Provider.
4 InstaBiz will however assist the Client upon request with Third Party Hosting Service Providers, and may be billed to the client at our discretion.
1 The client retain the right to use our technology indefinitely, at no additional cost, whilst they host with us.
2 Subject to paragraph 12.1, the client can make use of third party hosting whilst using our technology at an additional annual fee.
3 If the client refuse to pay, or stop paying the fee, as set out in paragraph 16.2, InstaBiz reserves the right to revoke some, or all all of the licenses, which will render the client's website parshually, or totally broken.
4 An additional reactivation fee, of R100.00 or $10 will be billed to the client.
1 InstaBiz can not guarantee search positions or website rankings but include Search Engine Optimisation (SEO) in the form of Google webmaster tools submission, google analytics integration, meta tags and descriptions, structure and basic content recommendations for all the websites we develop / design. We can however assist with the Client’s SEO if and when required and will issue the Client a Quotation accordingly.
2 We will load up to 3 (three) products on the website on the client’s behalf. However, the client will be able to load unlimited products subject to fair usage of their hosting package.
3 Should the Client require us to load more than the aforementioned 5 loaded products, mentioned in paragraph 18.2, we will issue the Client a Quotation accordingly.
1 All work remains the property of InstaBiz until the full and final payment is received.
2 Website designs remain the property of InstaBiz, and the client only receives the right to use the designs on one website, and therefore the design cannot be resell or given to any third party.
1 Activation of the Client’s website is subject to paragraph 19.
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 the Terms of Sale.
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 in accordance to the Terms of Sale 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 Quote with InstaBiz remain the responsibility of the Client.
4 We 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 we will issue the Client a Quotation accordingly.
1 The client may request that InstaBiz access their website’s Content Management System to make requested changes, or conduct maintenance. Upon doing so, the Client indemnifies Woww Digital 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 InstaBiz commit to respond to any technical error, which may be the result of our Hosting services, design software or any plausible fault, omission or neglect on their part within this agreement within a reasonable time period, and as soon as we can address and resolve the matter.
1 InstaBiz is not a registered credit service provider, and therefore we 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 InstaBiz 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 of Sale and payments made by the Client are allocated to Invoices on the Statement upon InstaBiz 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 as required.
1 Failure to comply with these Terms of Sale regarding payments and fees may result in legal action, and the full outstanding balance will become payable.
2 All legal costs resulting of non-payment will be accrued to the Client’s outstanding balance.
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 14 (fourteen) calendar days of Invoice date.
2 InstaBiz will only refund Client’s amounts paid, for products and/or services not delivered in accordance to the initial Agreement(s), or balance thereof in terms of paragraph 21.1.
3 Hosting and Domain Fees are non-refundable, as these are paid in advance.
4 InstaBiz reserves the right at its discretion to terminate this Agreement should the Client breach any of the Terms and Conditions stated herein.
1 InstaBiz 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 We 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.
1 InstaBiz 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 InstaBiz's website.
3 The Terms of Sale are agreed too concurrently with the other Terms and Policies on InstaBiz's website.
