Terms & Conditions

The following terms and conditions apply to all services (Development, Design, Marketing, Growth and Cloud) provided by Capnet PTY Ltd to the Client.

1. Acceptance

It is not necessary for any Client to have signed an acceptance of these terms and conditions for them to apply. If a Client accepts a quote then the Client will be deemed to have satisfied themselves as to the terms applying and have accepted these terms and conditions in full. Please read these terms and conditions carefully. Any purchase or use of our services implies that you have read and accepted our terms and conditions.

2. Charges

Charges for services to be provided by Capnet PTY Ltd are defined in the project quotation / proposal that the Client receives via e-mail. Quotations / proposals are valid for a period of twenty-one (21) days. Capnet PTY Ltd reserves the right to alter or decline to provide a quotation after expiry of the twenty-one (21) days. Unless agreed otherwise with the Client, all services require an advance payment of a minimum of fifty five percent (55%) of the project quotation total before the work is started on a project. The remaining forty five percent (45%) of the project quotation total, due upon completion of the work, prior to upload to the server or release of materials. All marketing, growth and cloud services are to be paid in full upfront. Payment for services is due by EFT or online payment. Bank details and links will be made available on invoices.

Invoices are due within 7 days, if the invoice remains unpaid Capnet will mark the invoice as abandoned and delete it - recurring invoices are payable within 7 days from due dates, we reserve the right to impose a surcharge of up to twenty-five percent (20%) fo recurring invoices passed due date.

3. Client Review

Capnet PTY Ltd will provide the Client with an opportunity to review the appearance and content of the services provided during the design/development phase and once the overall project is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies Capnet PTY Ltd otherwise within seven (7) days of the date the materials are made available to the Client.

4. Turnaround Time and Content Control

Capnet PTY Ltd will install and publicly post or supply the Client’s website by the date specified in the project proposal, or at date agreed with Client upon Capnet PTY Ltd receiving initial payment, unless a delay is specifically requested by the Client and agreed by Capnet PTY Ltd.

In return, the Client agrees to delegate a single individual as a primary contact on to aid Capnet PTY Ltd with progressing the commission in a satisfactory and expedient manner. During the project Capnet PTY Ltd will require the Client to provide website content; text, images, video and sound files if required.

5. Failure to provide required website content:

Capnet PTY Ltd is a growing company, to remain efficient we must ensure that work we have programmed is carried out at the scheduled time. This is why we ask that you provide all the required information in advance. On any occasion where progress cannot be made with your website because we have not been given the required information in the agreed time frame and we are delayed as a result, . If your project involves Search Engine Optimisation we need the text content for your site in advance so that the SEO can be planned and completed efficiently. If you agree to provide us with the required information and subsequently fail to do within two (2) weeks of project commencement, we reserve the right to close the project and the balance remaining becomes payable immediately. Simply put, all the above condition says is do not give us the go ahead to start until you are ready to do so. NOTE: Text content should be delivered as a Microsoft Word, email (or similar) document or Google drive doc, with the pages in the supplied document representing the content of the relevant pages on your website. These pages should have the same titles as the agreed website pages. Contact us if you need clarification on this.

6. Payment

Final payment is required upon completion, but before publishing the live website. Invoices are normally sent via email; however, the Client may choose to receive hard copy invoices. Invoices are due upon receipt. Accounts that remain unpaid thirty (30) days after the date of the invoice will be assessed a service charge in the amount of the higher of twenty percent (20%) per month of the total amount due.

7. Additional Expenses

Client agrees to reimburse Capnet PTY Ltd for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.

8. Web Browsers

Capnet PTY Ltd makes every effort to ensure websites are designed to be viewed by the majority of visitors. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer, Google Chrome, etc.). Client agrees that Capnet PTY Ltd cannot guarantee correct functionality with all browser software across different operating systems. Capnet PTY Ltd cannot accept responsibility for web pages which do not display acceptably in new versions of browsers released after the website have been designed and handed over to the Client. As such, Capnet PTY Ltd reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser software.

9. Default

Accounts unpaid thirty (30) days after the date of invoice will be considered in default. If the Client in default maintains any information or files on Capnet PTY Ltd Web space, Capnet PTY Ltd will, at its discretion, remove all such material from its web space. Capnet PTY Ltd is not responsible for any loss of data incurred due to the removal of the service. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client’s account. Clients with accounts in default agree to pay Capnet PTY Ltd reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by Capnet PTY Ltd in enforcing these Terms and Conditions.

10. Termination

Termination of services by the Client must be requested in a written notice and will be effective on receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing. The Client will be invoiced for design work completed to the date of first notice of cancellation for payment in full within thirty (30) days.

11. Indemnity

Capnet PTY Ltd services may be used for lawful purposes only. You agree to indemnify and hold Capnet PTY Ltd harmless from any claims resulting from your use of our service that damages you or any other party.

12. Copyright

The Client retains the copyright to data, files and graphic logos provided by the Client, and grants Capnet PTY Ltd the rights to publish and use such material. The Client must obtain permission and rights to use any information or files that are copyrighted by a third party. The Client is further responsible for granting Capnet PTY Ltd permission and rights for use of the same and agrees to indemnify and hold harmless Capnet PTY Ltd from any and all claims resulting from the Client’s negligence or inability to obtain proper copyright permissions. A contract for website design and/or placement shall be regarded as a guarantee by the Client to Capnet PTY Ltd that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.

13. Standard Media Delivery

Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (text files delivered on disk or via e-mail or FTP) and that all photographs and other graphics will be provided physically in high quality print suitable for scanning or electronically in .gif, .jpeg, .png or .tiff format. Although every reasonable attempt shall be made by Capnet PTY Ltd to return to the Client any images or printed material provided for use in creation of the Client’s website, such return cannot be guaranteed.

14. Design Credit

A link to Capnet PTY Ltd will appear in either small type or by a small graphic at the bottom of the Client’s website. If a graphic is used, it will be designed to fit in with the overall site design. The Client also agrees that the website developed for the Client may be presented in Capnet PTY Ltd’s portfolio.

15. Access Requirements

If the Client’s website is to be installed on a third-party server, Capnet PTY Ltd must be granted temporary read / write access to the Client’s storage directories which must be accessible via FTP. Depending on the specific nature of the project, other resources might also need to be configured on the server.

16. Post-Placement Alterations

Capnet PTY Ltd cannot accept responsibility for any alterations caused by a third party occurring to the Client’s pages once installed. Such alterations include, but are not limited to additions, modifications or deletions.

17. Domain Names

Capnet PTY Ltd may purchase domain names on behalf of the Client. Payment and renewal of those domain names is the responsibility of the Client. The loss, cancellation or otherwise of the domain brought about by non or late payment is not the responsibility of Capnet PTY Ltd. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.

18. General

These Terms and Conditions supersede all previous representations, understandings or agreements. The Client’s signature below or payment of an advance fee constitutes agreement to and acceptance of these Terms and Conditions.

19. Social Media Management

Social Media Marketing and Management is defined as helping a client to promote their products or services through social media channels. Capnet PTY Ltd will honor the components of your chosen social media package, providing an agreement to a minimum three (3) months’ contract is served and monthly payments are received in advance. In the event that payment is not received on time, we regret that further work will be halted until this is rectified.

20. Governing Law

This Agreement shall be governed by The Laws of South Africa.

21. Liability

Capnet PTY Ltd hereby excludes itself, it’s Employees and, or Agents from all and any liability from:

Loss or damage caused by any inaccuracy;

Loss or damage caused by omission;

Loss or damage caused by delay or error, whether the result of negligence or other cause in the production of the website;

Loss or damage to clients’ artwork / photos, supplied for the site. Immaterial whether the loss or damage results from negligence or otherwise.

The entire liability of Capnet PTY Ltd to the Client in respect of any claim whatsoever or breach of this Agreement, whether or not arising out of negligence, shall be limited to the charges paid for the Services under this Agreement in respect of which the breach has arisen.

22. Severability

In the event any one or more of the provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unimpaired and the Agreement shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid.

Refunds and Cancellations

Design

Payments for custom design projects are made to us in increments as a courtesy to the client, or a discounted upfront payment. Once a payment or deposit is made, it is non-refundable. If a project is cancelled or postponed, all monies paid are retained by Capnet PTY Ltd and if applicable, a fee for all work completed beyond what was already paid for, shall be paid by the client.

Development

Payments for custom web development projects are made to us in increments as a courtesy to the client, or a discounted upfront payment. Once a payment or deposit is made, it is non-refundable. If a project is cancelled or postponed, all monies paid are retained by Capnet PTY Ltd and if applicable, a fee for all work completed beyond what was already paid, for shall be paid by the client.

Marketing & Growth

Payments for Search Engine Optimization, Internet Marketing and Social Media Optimization services are non-refundable and Capnet PTY Ltd do not issue pro rata refunds for fees paid in advance. Once a payment or deposit is made, it is non-refundable. All Setup fees are non-refundable, as it is applied to costs immediately incurred by Capnet PTY Ltd in initiating services. If a project is cancelled or postponed, all monies paid are retained by Capnet Ltd and if applicable, a fee for all work completed beyond what was already paid for shall be paid by the client.

Cloud

Payments for past months of cloud services are non-refundable. Cloud and hosting accounts are set up at the time of order and are allotted a specific amount of server resources, according to the plan purchased. If client did not make use of the account, payment for services is still due. Hosting accounts are not cancelled until notice is received from the client in writing, or until forteen (14) days after due date of payment not received. If client paid for hosting account for twelve (12) months ahead and cancels service before plan expiration date, the amount is non-refundable. Capnet PTY Ltd reserves the right disable and/or terminate a user’s account if a user is found in violation of the terms. Accounts terminated due to policy violations will not be refunded.

Privacy Policy

Definitions

"Non-Personal Information" (NPI) is information that is in no way personally identifiable and that is obtained automatically when you access our Website with a web browser. "Personally Identifiable Information" (PII) is non-public information that is personally identifiable to you and obtained for us to provide you with a product or service. PII may include information such as your name, address, email address, phone number, location data, an online identifier, and/or one or more factors specific to your physical, physiological, genetic, mental, economic, cultural or social identity.

Our Commitment to Your Privacy

Our Privacy Policy tells you what PII we may collect from you, how we may process your PII, how you can limit our use of your PII, and your rights to obtain, modify and/or delete any PII we have collected from you. Except as set out below, we do not share, or sell, or disclose to a third party, any information collected through our Website. Capnet is committed to the security and privacy of all our customers. We take your privacy seriously, and we will work with you to ensure that you have an enjoyable online experience.

Information We Collect

We collect personal information when you request information about our services and products, interact with our Website forms/bots or customer service representatives, request delivery of white papers or other information, schedule an event or otherwise voluntarily provide such information through our Website or otherwise. This information includes the following categories:

• Your Personal Contact Information, such as name, phone number and email address
• Capnet services and products you may be interested in purchasing, including possible scopes of work and fee ranges
• Your Company Information, including company website domain/URL, whether you represent a marketing agency, whether your company is a current customer of certain of our business partners

Generally, you will have control over the amount and type of information you provide to us when using our Website. As a visitor to our Website, you can browse our Website to find out more about us. You are not required to sign in or provide us with any PII as a visitor.

Information We Collect Automatically

When you use our Website, we automatically collect certain information by the interaction of your mobile device or web browser with our Website.

Cookies

When you use our Website, we automatically collect certain information by the interaction of your mobile device or web browser with our Website.

Do Not Track Settings

Some web browsers have settings that enable you to request that our Website does not track your movement within our Website. Our Website does not obey such settings when transmitted to and detected by our Website. However, this does not change our compliance in any other way with our Privacy Policy.

How Information is Used

When we use or process personal data about you, we do so only as necessary to provide the services and products you use (e.g., to meet our contractual and legal obligations), or otherwise with your consent, to comply with applicable law, or to fulfill other legitimate interests of you or us as described in this Policy. Through our Website, you will be provided with the choice of which types of communications you will receive with us, and the ability to change those choices whenever you want. Some of the more common, specific uses of your information are described below.

Providing Requested Services and Products; Fulfilling Contractual Obligations

We may use PII to provide the services and products you've requested or to otherwise perform any contract we may have with you, including communicating with you about the scope of work, payment or other related topics. When you create an account on our Website, buy a product or service from us, or otherwise agree to our terms and conditions, a contract is formed between you and us. In order to carry out that contract, we must process the information you give us. Some of this information may be PII, and we may use it in order to do any of the following:

• - verify your identity for security purposes
• - provide you with suggestions and advice on products and services
• - provide our products and services, which includes updating, securing and troubleshooting, as well as providing
• - improve, personalize and develop our services and products We process this information on the basis that there is a contract between us, or that you have requested we use the information before we enter into a legal contract.

We will continue to process this information until the contract between us ends or is terminated by either party under the terms of the contract.