myWebChannel | Terms and Conditions & Terms of Use

Last updated 29 March 2022

Introduction

The terms contained in this document are applicable to all users of MyWebChannel and any of its associated platforms. This includes but is not limited to the Pre-Authify platform.

By using the MyWebChannel platform, by registering as a User or creating an Account on the MyWebChannel platform, by viewing any of the web pages on the MyWebChannel platforms, by accessing and using any of the services, and/or by submitting personal information to MyWebChannel, you agree to, and are bound by, these Terms and Conditions and the MyWebChannel Privacy Policy. If you do not agree with these Terms and Conditions or with the Privacy Policy, you may not use the MyWebChannel platform or applications.

Definitions:

The following terms have the corresponding meanings:

Client - has the corresponding meaning to User and means any user of the MyWebChannel platforms including but not limited to the Pre-Authify platform.

MyWebChannel - means MyWebChannel (PTY) Ltd - a company registered in South Africa, which owns the Pre-Authify platform and all related intellectual property. MyWebChannel is used synonymously with Pre-Authify or any of MyWebChannel's other platforms or applications.

Platform - means the general term used to describe the particular MyWebChannel application/s.

Pre-Authify - means an application or platform that is owned by MyWebChannel and as a result, is used synonymously with MyWebChannel.

Providers - means anybody providing functionality, content, or services through the MyWebChannel platforms or applications.

User - means any user of the MyWebChannel platforms including but not limited to the Pre-Authify platform.

MyWebChannel platform / application

Your use of the MyWebChannel platform / application and/or services must at all times be in compliance with these Terms and Conditions.

These Terms and Conditions are subject to change at any time with or without notice, unless the Terms and Conditions are changed in a material, adverse way, in which case MyWebChannel will post a notice advising of such change at the beginning of these Terms and Conditions and on the MyWebChannel platform's home page for a period of 30 days.

You accept that any changes to the Terms and Conditions will be binding on you, and that your use of the MyWebChannel platform and/or services will at all times be subject to the Terms and Conditions that are in force at the time that you use the MyWebChannel platform / application and/or services. For the avoidance of doubt, the Terms and Conditions available on the MyWebChannel platform / application each time you use the MyWebChannel platform / application or any of our services shall govern the relevant session. Your continued use of the MyWebChannel platform / application and/or service after the effective date of a change will amount to acceptance by you of the changed Terms and Conditions.

It is your responsibility to re-visit these Terms and Conditions from time to time to learn of any such changes to the terms and conditions of use. The latest version of the Terms and Conditions is available at https://webchannel.design

It is hereby recorded that section 44 of Electronic Communications and Transactions Act 25 of 2002 does not apply to the services.

Use of the MyWebChannel platforms / applications and/or services

The MyWebChannel application / platform and the content provided on the application / platform may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. Unauthorized use of the application / platform and/or the materials contained on the website and applications may violate applicable copyright, trademark or other intellectual property laws or other laws.

When you register on the MyWebChannel platform / application, you will be required to enter your name and surname and an email and receive a password that you will use to login to the MyWebChannel platform / application and access your MyWebChannel user account.

You undertake that any and all personal information you submit to MyWebChannel to register for MyWebChannel is true, correct and accurate. You further confirm that you are the legitimate owner of all the personal information submitted to MyWebChannel including, but not limited to, your name, your email address, mobile number, gender and your date of birth.

The personal details that you provide to MyWebChannel when creating an Account, including your real name, must be accurate. MyWebChannel will take all reasonable steps to ensure the privacy of your real name in these circumstances.

You understand and accept that some of your personal information, including but not limited to your email address, your gender, date of birth and your region or province of residence will be accessible to MyWebChannel and participating MyWebChannel registered site owners.

You understand that it is your responsibility to ensure the secrecy of your login details, including your Email and Password. You also agree that you are responsible for ensuring the security of your mobile device, or any other device used to access the MyWebChannel platform / application and services.

Any activity on the MyWebChannel platform / application or the services authenticated with your login credentials shall be deemed binding on and attributable to you personally. You agree to notify MyWebChannel immediately, in writing, at grant@webchannel.co.za when you become aware of any unauthorised use of your Account or other breach of security or attempted breach of security.

If you have not logged in to your Account for a period of 6 months, MyWebChannel may suspend and delete your user account without prior notice.

Unauthorised Conduct

You may not monitor, intercept or modify any private communication that is not addressed to you or to your Account nor may you access or modify any personal information belonging to a third party.

You may not impersonate any other User or any other person, and you may not use another person's User Name or Password to access or use his or her Account. Similarly, you may not give your MyWebChannel login credentials to anyone else to log on to your Account or to access the services using your user account.

You may not use or distribute the images taken by and/or belonging to the MyWebChannel platform / application in any manner without such consent, nor may you resell any content, which you accessed on the MyWebChannel platform / application, to any third party.

You may not use any harmful or malicious code including viruses, Trojan horses, worms or spiders to interfere with or access any data, communications, content or software associated with the MyWebChannel platform / application or services.

Other than as authorised by MyWebChannel in writing, you may not programmatically access any services using an electronic or other automated means used independently to initiate an action or respond to data messages or performances in whole or in part, including but not limited to any web spiders, crawlers or similar technologies.

It is a criminal offence to gain unauthorised access to any restricted area of the MyWebChannel platform / application or to otherwise interfere with the proper functioning of the MyWebChannel platform / application.

Privacy

Your use of our services is subject to the MyWebChannel privacy policy available here https://webchannel.design/pdf/webchannel-design-privacy-policy.pdf

Intellectual Property

The MyWebChannel platforms / applications consist of software and content (which could include images, text, animation, photographs, videos, graphics, music, sound and voice) that is the intellectual property of MyWebChannel. To emphasise, all intellectual property of and to the MyWebChannel platforms, including the Pre-Authify platform, is owned wholly by MyWebChannel. Where a Client uses MyWebChannel's services, the client is seen to be renting the functionality of the software and has no proprietary right in and to the software.

As per the South African Copyright Act where a client commissions MyWebChannel to create certain software, the Intellectual Property in that software will be owned by MyWebChannel.

All source codes are and shall remain the intellectual property of MyWebChannel.

The software and content may not be used in violation of the intellectual property rights of MyWebChannel and/or such third parties.

Without limitation on the prohibitions placed on Users, you expressly agree not to: commercially exploit, reproduce, distribute, transmit, display, publish or broadcast any Content obtained from the MyWebChannel platform / application and/or services without the prior written approval of MyWebChannel, or in the case of third party content, the owner of that content; claim or convey ownership of any Content on the MyWebChannel platform / application and/or services either in its entirety or otherwise; modify the Content on the MyWebChannel platform / application and/or services for the purposes of reposting to other websites; alter or remove any trademark or copyright from the MyWebChannel platform / application and/or services; copy or otherwise incorporate Content available on the MyWebChannel platform / application and/or services into, or store in, other websites, electronic retrieval systems, publications or other works in any form; or frame the MyWebChannel platform / application and/or services or any part of the MyWebChannel platform / application and/or services.

Availability of services and Disclaimers

All efforts are made to ensure that the MyWebChannel system is always up and running. Unforeseen events can always occur, and in these cases our technical support staff will assist you through any issues you may face.

The contents of the MyWebChannel site and applications are provided “as is” without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement.

MyWebChannel itself as well as its clients or partners, and in general anybody providing functionality, content, or services through the MyWebChannel platform / applications, from now on collectively called “Providers”, assume no responsibility for errors, omissions, or malfunctions of any content or functionalities on the MyWebChannel platform / application.

The use of these functionality, services, and content is forbidden in those places where the law does not allow this disclaimer to take full effect.

You understand, acknowledge and agree that your use of the MyWebChannel platform / application and services is entirely at your own risk.

MyWebChannel takes no responsibility for, and will not be liable for the MyWebChannel platform / application being temporarily unavailable or inaccessible for reasons beyond the control of MyWebChannel. This may include unforeseen downtime as a result of a potential error with MyWebChannel's Internet Service Provider.

MyWebChannel does not guarantee that it is free from bugs or issues that may cause downtime and which may result in a loss of client's data, for which Pre- Authify takes no responsibility.

MyWebChannel may suspend the MyWebChannel platform / application or services for any reason, including repairs or upgrades to any of MyWebChannel 's systems. MyWebChannel, in its discretion, also reserves the right at any time to change or discontinue any features or other technical aspects of the MyWebChannel platform / application or the services including, but not limited to: Content, hours of availability and equipment needed for access or use of the MyWebChannel platform / application.

MyWebChannel may suspend your Account pending any investigation into a possible breach by you of the Terms and Conditions or of the Privacy Policy and 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, misuse, overuse and or abuse of the service provided by MyWebChannel.

Where the Client has a web hosting agreement and/or a software platform annual renewal with MyWebChannel, a 60-day notice of termination is required before either the web hosting agreement or the platform annual renewal will cease.

By installing plugins or adding code to your website or hosted application on MyWebChannel's servers, you acknowledge and agree to the following:

  • Third-Party Plugins and Code Vulnerability: Plugins and code written by third parties may contain vulnerabilities that could be exploited by attackers to gain access to your website or hosted application, compromise your data, or cause other security breaches. You are solely responsible for assessing the security risks of any plugin or code before installing or adding it to your site.
  • Limited Responsibility: MyWebChannel do not take any responsibility for any security breaches, data loss, or other damages that may result from the installation or use of third-party plugins or vulnerable code on your website or hosted application. MyWebChannel's responsibility is limited to providing the server environment and basic security measures for your website or hosted application.
  • Independent Security Measures: It is your responsibility to take appropriate security measures to protect your website or hosted application, including regularly updating your plugins and code, conducting security scans, and implementing data security best practices.
  • Removal of Plugins and Code: MyWebChannel reserve the right to remove any plugins or code from your website or hosted application that MyWebChannel believe pose a security risk. MyWebChannel will notify you if we take such action and provide you with an opportunity to address the security concern.
  • Professional Security Services: If you are unsure about the security of a plugin or code, or if you need help securing your website or hosted application, MyWebChannel recommend that you consult with a qualified security professional.
  • By installing or adding any plugins or code to your website or hosted application, you agree to hold MyWebChannel harmless from any and all claims, damages, or losses arising from or related to security breaches, data loss, or other consequences resulting from the use of such plugins or code.

MyWebChannel IS NOT LIABLE FOR ANY CLAIM, LOSS, INJURY OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THE USE OF INFORMATION AND/OR SERVICES AVAILABLE FROM OR THROUGH THE MyWebChannel PLATFORM / APPLICATION OR THE SERVICES, WHETHER DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY RELATNG TO ANY LOSS OF USE, INTERRUPTION OF BUSINESS, LOST PROFITS, LOST DATA, OR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND RESULTING FROM: (I) THE ACCESS TO, USE OF, OR BROWSING OF THE MyWebChannel PLATFROM / APPLICATION; (II) VIEWING OR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE MyWebChannel PLATFORM / APPLICATION; AND/OR (III) VIRUSES, BUGS, ERRORS, FAILURES, DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS.

EMAIL BACKUP: Please note that properly managing your email settings is crucial in preventing data loss and mailbox overloading. We recommend using the "Download emails" and "Only leave emails on the server for a maximum of 14 days" options in your email client, to avoid potential delivery issues and difficulties receiving new messages. Leaving emails on the server for extended periods of time increases the risk of data loss, and in the event of a server issue, you may lose ALL of your email history. MyWebChannel will not be held responsible for email data loss as the above-mentioned method is our recommended method of email security. In the event of data loss, any emails that were not downloaded as per the recommended settings may not be recoverable, and we cannot guarantee the recovery of lost data. We strongly advise that you follow these recommended email settings to minimize the risk of data loss and ensure the safety of your important communications. MyWebChannel does not offer any form of email backups, the onus is on you to ensure that you are downloading all your emails by using the settings suggested above and making your own email backups on your own computers.

YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD MyWebChannel, ITS AFFILIATES, RELATED COMPANIES, PARENT COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, MEMBERS, AGENTS, LICENSORS AND ANY OTHER PARTNERS AND EMPLOYEES HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, EXPENSES, DAMAGES, ACTIONS, DEMANDS, LIABILITIES OR COSTS, INCLUDING BUT NOT LIMITED TO LEGAL FEES RESULTING OUT OF YOUR USE OF THE MyWebChannel PLATFORM / APPLICATION AND THE SERVICES, INCLUDING WITHOUT LIMITATION: ANY HARM OR LOSS SUFFERED BY YOU AS A RESULT OF YOUR USE OF THE MyWebChannel PLATFORM / APPLICATION AND/OR THE SERVICES ANY VIOLATION OF THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY BY YOU.

Invoicing and Payment Terms

Payment of all invoices are due and payable upon presentation.

All quotations issued by MyWebChannel 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 myWebChannel'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 MyWebChannel, the contract price will be adjusted accordingly. Any extras not included in the quotation will attract additional charges.

Where a custom development is required, 60% of the total quoted cost is payable by the client, upon approval of the quotation. Payment terms in respect of the balance due on completion of the job, are due on presentation of the invoice, and no extension of time, condonation of any breach, or any indulgence of whatsoever nature granted by MyWebChannel to the client shall be deemed a novation or estoppel or in any way prejudice myWebChannel'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.

Except for work that is commissioned for an amount under R 10 000, 00 where payment in full is required, 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 MyWebChannel; provided that nothing contained herein shall prejudice myWebChannel'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.

Web hosting clients will receive an invoice for charges, payment for which is due on receipt. Such charges are subject to change at the discretion of MyWebChannel. Continuation of use of services by the Client indicates agreement to such changes or revisions.

My WebChannel reserves the right to suspend all services upon non-payment by user.

Breach of these Terms and Conditions

If you are found or are believed to have violated any of your obligations as described in these Terms and Conditions, as determined by MyWebChannel in its absolute and sole discretion, MyWebChannel may, without limiting or without prejudice to any other right, warranty or indemnity that may be granted to it under these Terms and Conditions, cancel any right, privilege or entitlement you may have hereunder immediately and without prior notice to you, suspend your access to the Service, remove any Content posted by you, and/or ban you for such period as MyWebChannel may deem appropriate from using the services, and/or take such other steps as MyWebChannel may, in its sole and absolute discretion, deem reasonable under the circumstances.

If MyWebChannel terminates your Account as provided for in these Terms and Conditions, you must immediately stop using the MyWebChannel platform / application and services.

Unauthorised use of the MyWebChannel platform / application or the services may give rise to MyWebChannel instituting a claim for damages against you and/or you may be found guilty of a statutory or criminal offence or you may be liable for civil damages.

Over usage of bandwidth and disk space for Pre-Authify clients

MyWebChannel places a usage limit of 60GB per annum for all hosting accounts. Such accounts are able to access a further 60GB for that year but will be charged an amount of R 1 500.00 for such access.

Where a client requires extra disk space, the client will be charged R600.00 for every additional 2 GB or part thereof which is used.

Over usage of bandwidth and disk space for web hosting clients

Additional bandwidth costs will apply for all web hosting accounts where bandwidth usage exceeds 2GB of data per month at the rate applicable at the time.

Additional disk space costs will apply for all web hosting accounts where disc space usage exceeds 2GB of data at the rate applicable at the time.

Jurisdiction and Enforceability

The Terms and Conditions shall be governed by and interpreted in accordance with the law of the Republic of South Africa.

In the event of any legal dispute or action being brought in connection with these Terms and Conditions, 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 myWebChannel as a result of any dispute arising from this contract.

Without any restriction on your rights to pursue legal, you agree that any dispute regarding these Terms and Conditions that cannot be resolved amicably shall, with your consent, first be referred to confidential arbitration in terms of the rules of the Arbitration Foundation of South Africa prior to proceeding to Court, and such arbitration shall be conducted in English in Johannesburg.

Each provision of these Terms and Conditions shall be severable from the other provisions. Should any provision be found by a Court of competent jurisdiction to be invalid or unenforceable for any reason, the remaining provisions of these Terms and Conditions shall nevertheless remain valid and enforceable.

You agree that for the purpose of giving any notice, the serving of any process and for any other purposes arising from these Terms and Conditions, that MyWebChannel may send such notices to your email address, as provided to MyWebChannel during your registration on the MyWebChannel platform.

Updating of these Terms and Conditions

We reserve the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to the MyWebChannel applications and website. It is the User's obligation to periodically check these Terms and Conditions for changes or updates. The User's continued use of the MyWebChannel platform / applications following the posting of changes or updates will be considered notice of the User's acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

General

You may not cede, assign, delegate or in any other way alienate or dispose of any or all of your rights and obligations under and in terms of these Terms and Conditions without the prior written approval of MyWebChannel.

MyWebChannel shall be entitled to cede, assign or otherwise transfer this agreement or its rights in terms of the agreement without your prior consent and without giving notice to you.

All rights not expressly granted to you in these Terms and Conditions shall remain in favour of MyWebChannel.

These Terms and Conditions constitute the whole agreement between you and MyWebChannel and, except to the extent otherwise provided in these Terms and Conditions, no undertaking, representation, term or condition relating to any subject matter covered in these Terms and Conditions, which is not expressly incorporated in these Terms and Conditions, shall be binding on any of the parties.

Consent

I understand that all the designs and trademarks are registered to MyWebChannel and I hereby accept the terms and conditions. I undertake not to copy/duplicate the trademarks and designs directly or indirectly in anyway and understand the legal implications thereof. Should I be found to be in violation of this agreement I understand that I will be held liable for all legal costs incurred by MyWebChannel (Pty) Ltd for any civil action or any legal action deemed necessary against me.

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