Terms and Conditions

  1. myWebChannel (Pty) Ltd does not accept liability for any loss, damage or expense that may be incurred as a direct or indirect consequence of reliance placed on information contained on this website.

    The information is compiled in good faith and based on sources believed to be reliable, accurate and up to date, but no representations or warranties, express or implied, are made as to the accuracy, completeness or suitability of the information and no responsibility or liability is accepted by myWebChannel (Pty) Ltd for any damages or losses which may flow, directly or indirectly, from any use of any information.

  2. Ownership of all ideas and concepts contained in and arising out of this contract are, and shall at all time remain, the property of myWebChannel (Pty) Ltd (hereafter referred to as "WebChannel.Design"), and any use of whatsoever nature thereof without the written permission of WebChannel.Design first being obtained will constitute an actionable infringement of intellectual property rights.
  3. All quotations issued by WebChannel.Design are valid for a period of 21 days from date of issue, and acceptance by the client of the quotation perfects and concludes the contract between the parties. All quotations are issued subject to the proviso that should there be, for reasons out of WebChannel.Design's control, any increase in the price of raw materials, scripting, or development charges between the date of issue of such quotation and performance thereof by WebChannel.Design, the contract price will be adjusted accordingly. Any extras not included in the quotation will attract additional charges.
  4. The client will be responsible for payment of 66.66% of the cost of any photography rejected, and for the full cost of model and prop fees incurred in respect of such rejected photography.
  5. WebChannel.Design shall not be liable to the client for any loss or damage arising directly, indirectly, or consequentially, from any defect whatsoever, whether patent or latent, in goods supplied, advice given, or services rendered, by WebChannel.Design, and the client indemnifies WebChannel.Design and holds WebChannel.Design harmless from any claim in this regard which may be made by any third party against WebChannel.Design.
  6. 50% of total quoted cost will be deemed to have been earned, and is payable by the client, upon approval of the creative look and feel. Payment terms in respect of the balance due on completion of the job, are strictly 30 (thirty) days from invoice, and no extension of time, condonation of any breach, or any indulgence of whatsoever nature granted by WebChannel.Design to the client shall be deemed a novation or estoppel or in any way prejudice WebChannel.Design's rights to demand punctual payment. In the event of the client failing to pay any amount by due date, then such amount as remains unpaid shall bear interest at the rate equal to the prime overdraft rate plus 3% (three percent) per annum until such time as the debt is paid in full. All payments made by the client will first be applied to interest accrued, then costs (if any), and thereafter towards capital.
  7. Work that is commissioned and cancelled before completion is subject to a cancellation fee of 60% of the total contract amount, payable upon acceptance of such cancellation by WebChannel.Design; provided that nothing contained herein shall prejudice WebChannel.Design's rights to enforce full compliance with the terms of the contract, and/or its rights to claim any damages flowing from any purported cancellation of same.
  8. Additional bandwidth costs will apply for all hosting accounts where bandwidth usage exceeds 1GB of data per month or part thereof at the rate of R150 per additional 1GB of data or part thereof.
  9. 60 days notice of termination of the web hosting agreement are required before the web hosting agreement will cease.
  10. Web hosting clients will receive an invoice for charges and payment is due upon receipt. Such charges are subject to change at the discretion of WebChannel.Design. Continuation of use of services by Client indicates agreement to such changes or revisions.
  11. Email hosting clients are entirely responsible for backing up their email data we do not offer backups of any email on the server. WebChannel.Design will not be liable for any data loss or any other losses or damages related to email backups or email data recovery without exception. Email may be stored on the server for a maximum of 14 days, and your default POP setting in your email client must be set to only allow email storage on the server for 14 days, all email must be downloaded to your email client (after a period of 14 days) where you would store / backup the emails on your local device. Thereafter it should be automatically deleted from the server. We do not offer an Email Archiving service and our mail servers cannot be used to store archives of historical emails. This causes disk space usage problems and adversely affects the experience of other users of the mail server. WebChannel.Design reserves the right to remove and or delete any emails that are occupying excessive disk space on the mail server. Clients are responsible for their own email data, and WebChannel.Design strongly encourages clients to continue to make their own email off-site backups as frequently and completely as possible to ensure that they have recourse in the event of any failure in their own email backup systems. Continuation of use of services by Client indicates agreement to such changes or revisions.
  12. WebChannel.Design may terminate service under this Agreement at any time, without penalty, if the Client fails to comply with the terms of this Agreement, including non-payment.
  13. The client agrees to the jurisdiction of the Magistrate's Court in terms of Section 45 of Act 32 of 1944 in respect of any dispute arising from this contract, and agrees to be held liable for legal costs on the attorney/client scale, as well as collection commission and tracing charges, incurred by WebChannel.Design as a result of any dispute arising from this contract.
  14. The client and the signatory hereto choose as their domicilium citandi et executandi for all purposes arising out of this contract the address set out on the face hereof, and the signatory, by his/her signature hereof, binds him/herself in solidum as surety and co-principal debtor with the client for the due performance of all obligations arising from this contract which may become due to WebChannel.Design by the client.
  15. No amendment, variation, or consensual cancellation hereof, including this clause, shall be of any force or effect unless reduced to writing and signed by both parties.

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