Terms and Conditions
Between: RAW Media Concepts ("The Provider") And (The "User")
This agreement is between RAW Media Concepts and shall hereafter be referred to as ("The Provider"), and the authorized person/ company/ entity mentioned above. The Duly Authorized Person/ Company/entity/signatory mentioned above shall hereafter be referred to as the "User". By using "The Provider's" website, hosting, design, list management and SMS facilities, you agree to the following terms and conditions.
The Terms and Conditions listed below are intended as guidelines and are not meant to be definitive. Conduct that violates South African Law, regulatory conditions and / or the accepted netiquette on internet is expressly prohibited.
ACCOUNT INFORMATION:
- Subject to the provisions hereof, the account will be opened upon receipt of an initial acceptance contract or completed order form from our websites.
- This acceptance of the agreement shall remain enforce for each successive chargeable monthly / quarterly / bi-annually / yearly period continuing thereafter at the then applicable rates or fees, unless written notice of cancellation is received from "User" giving 1 calendar months notice for services offered.
- This amount is non-refundable for all services supplied by "The Provider", other than the Hosting Service - refer point
- A refund is only applicable should services be cancelled within our "Money Back Guarantee" period. The refund is only applicable to certain of "The Provider's" services and NOT Domain Registration services.
- The agreement for services rendered shall continue indefinitely and shall be terminable on the expiry of the said written notice (refer point 1.2.)
- Should the "User" enter into a specified fixed contract for specific web development services rendered then this agreement shall terminate after said period and regular hosting package pricing structure shall continue thereafter;
- Fees for monthly / quarterly / bi-annually / yearly period of services rendered are payable prior to the beginning of each period(monthly / quarterly / bi-annually / yearly period).
- The "User" hereby agrees to pay any and all legal fees, and related expenses incurred by "The Provider" in the collection of any outstanding amount due it;
- Any account whose payment status is not current by the 7th of each calendar month is deemed late;
- Generally, customers are given a 7-day grace period (Until the 14th of each month) after which the "User's" account may be suspended automatically by the billing system.
- If the amount due for services charged is declined or dishonoured, "The Provider" has the right to immediately suspend / cancel the "User's" application and close the account without notice;
- Re-activation of suspended accounts incurs a reactivation fee of R50.00 Ex Vat;
- Subscription payments may be made by either of the following methods: Debit Order (Only once we have this information will your account go live), Direct Transfer (Once proof of payment is received will your account go live). Only the receipt of a signed Debit Instruction will allow services to be made live. Payments via Electronic transfer or Cheque will only be made live once payment is cleared.
- "The Provider" reserves the right to adjust service charges at their sole discretion;
- All debit orders for ongoing services are based on a month to month contract which automatically and continuously renews until one month notice for termination is given. Prices may escalate on a per annum basis at the CPI rate.
- In the event of a dispute between "The Provider" and "The User", "The User" is obliged to continue paying the charges as they become due and payable in terms of this Agreement. "The User" may not withhold payment for any reason.
- Existing subscribers will receive 30 days written notice relating to price adjustments for any such services offered;
- "The Provider" reserves the right to provide services to any client, should "The Provider" not wish for any reason to provide said services, "The Provider" may ask the client to move said services to another provider immediately.
- All transactions processed in South African Rands (ZAR).
- Payments via cash or cheque: Payments using these methods are only accepted for bi-annually and annually services.
- Should "The User" choose to use cash or cheque payments, only once amounts have been faxed through to "The Provider" and the said amounts cleared by the bank will services be activated. "The Provider" is not responsible for domains been lost during the period between the registration and payment of account.
- Should "the User" cancel services within the period paid, 1 calender months notice is required for cancellation.
- Ownership of goods or services provided by "The Provider" will only transfer to "The User" once full payment has been made.
- Costs incurred by "The Provider" that are either directly or indirectly related to services used by "The User" shall not be refunded. (Eg: Domain Registrations, Modems etc)
- Should "The Users" account be suspended for non-payment, "The Provider" reserves the right to place a non payment page on "The Users" domain.
- "The User" agrees that the domain / DNS details shall not be changed / modified or moved away from "The Provider" until full payment is made to "The Provider"
- If "The Users" account has not been paid in full, the account and all information will be handed over to an external collection agency. Any fees / expenses incurred in the collection of these funds will be for the expense of "The User"
- "The User" warrants that any and all information (Eg: Banking Details / Contact people) supplied to "The Provider" is correct and that "The User" has the right use said information. Should "The User" use information illegally, "The Provider" has the right to take appropriate action against "The User"
USAGE:
- The "User" agrees not to use any server side program that requires an unusual amount of resources.
- If and when the "User's" website processing usage exceeds what is considered usual, "The Provider" shall submit a new pricing structure to the "User" that may be deemed appropriate for such usage by "The Provider".
- If the "User" declines the said structure, then "The Provider" may limit or cancel "User's" account at "The Provider's" discretion.
- "The Provider" shall be the sole arbiter of what constitutes unusual amount of server usage.
- Violation may result in termination of access to "The Provider's" services.
- Websites designed to distribute software and/or multimedia files are subject to special pricing;
- CGI usage limits are in place to protect other "Users" that may be using the same servers as "The User", commonly known as "Shared Hosting". Any "User" that uses abnormal amounts of resources may be throttled or limited by "The Provider" at "The Providers" discretion.
- "The Provider" reserves the right to move "The Users" domain to a different server / infrastructure should "The Provider" deem this necessary.
- "The Provider" reserves the right not to provide services to any "User" that provides any type of gaming, sex, chat, illegal services or online service that may abuse bandwidth / server resources or may infringe on the quality or service provided to other "Users" on the same infrastructure.
- RAW Media Concepts Registration No. 2006/089141/23 ('Raw Media Concepts') reserves the right to not publish or email any content required by the Client that it, in its sole and absolute discretion sees as offensive, illegal or unethical.
- The following have been limited by "The Provider" Crons, CGI Scripts etc
- "The User" will not run a mail server or send out bulk mailings using scripts within there account;
- "The Provider" has limited the size of mail boxes dependant on the type of account "The User" has subscribed to;
- Should another person within the company or entity of "The User" require login or password and is not known by "The Provider", "The Provider " can request authorization from "The User" who has setup the account before giving out such information. Only when such notification is received in writing will said passwords etc be given out;
- It is "The Users" sole responsibility who they give out the user name and passwords to. Should "The User" believe such information has been compromised, it is "The Users" duty to change said information from within their control panel and notify "The Provider" immediately.
DISCLAIMER:
- The "User" agrees to use all "The Provider's" services at the "User's" own risk.
- "The Provider" specifically disclaims all warranties of merchantability and fitness for a particular purpose of quality accuracy and privacy .
- The services, products and information you obtain on or find, through or in conjunction with, the website are provided "voetstoets (as is)", without warranty of any kind, either express or implied.
- Use of any information obtained via "The Provider's" Facilities / Services is at your own risk. "The Provider" specifically denies any responsibility for the accuracy or quality of information obtained through its services;
- In no event shall "The Provider" be liable for any loss, or loss of data, or any other damages;
- "The User" shall hold "The Provider" harmless against any claims that "The User" may have against "The Provider" for any services that "The Provider" may provide.
- Should "The User" have any domain related issues for services that "The Provider" provides to another "User", "The Provider" will abide by the decisions made by the South African court of Law
USE OF SERVICES:
- The "User" agrees to protect and indemnify "The Provider" against any and all liability, loss, or expenses arising from claims of libel, unfair competition, unfair trademarks, trade names or patents, violations of rights and privacy and infringement of copyrights and property resulting from "The Provider's" or any "User's" use of "The Providers" services;
- The "User" is prohibited from allowing any other party access to any services through the subscriber's unique internet address, "User Name" and / or "Password".
- The subscriber may not at any time use the service in contravention of any South African law and consents to the jurisdiction of the High Court of South Africa sitting in Pretoria;
- The use of the email system by the "User" to send unsolicited email is not permitted;
- All complaints shall be investigated and "User's" abusing these services shall have their contracts suspended or terminated immediately.
- The "User" specifically agrees not to use "The Provider's" services in any manner that is illegal, libellous, or against any "The Provider's" policies;
- "The Provider" will not be responsible for any damage the "User" may suffer. This includes loss of data resulting from delays, non -deliveries, or service interruptions caused by its own negligence or your errors or omissions;
- "The Provider" does not permit adult material of any form (including but not limited to images, text, sound, video, etc) to be published through this site.
- The "User" is NOT permitted to distribute material promoting hatred against individuals or groups or any content, which may be deemed to be illegal or offensive according to the laws of South Africa.
- "The Provider" reserves the right to decline requests for services or to cancel any account at our discretion.
- Use of any information obtained via "The Provider's" services is at your own risk. "The Provider" specifically denies any responsibility for the accuracy or quality of information obtained through its services;
- The "User" agrees not to post or transmit any file that contains a virus, worm, "Trojan Horse" or any other destructive feature, regardless of whether damage is intended or unintended by the "User";
- "The Provider's" servers / services may be used for lawful purposes only.
- Transmission, storage, or distribution of any information, data or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non -acceptable content or links: Pirated software, Hackers programs or archives, Warez sites, MP3, and IRC bots.
- The subscribed "User" to "The Provider's" services agrees to indemnify and hold harmless "The Provider" from any claims resulting from the use of the service that damages the subscriber or any other party.
- "The Provider" will be the sole arbiter as to what constitutes a violation of this provision.
- Pornography is not allowed at "The Provider" and any material of this nature will cause the account to be shut immediately without financial refund;
- Should any dispute between the "User" and a 3rd party result over a domain name, website, website content or anything else related to the "User", "The Provider" shall either at its own discretion or that of an Court Order, suspend, remove or cancel the "User's" services and or account.
TECHNICAL SUPPORT AND USAGE:
- "The Provider" does not provide technical support for website design, html, cgi or any other scripting that may have been developed by the "User" or 3rd party etc.
- It is the "User's" responsibility to know at least the basics of web development (of whatever nature) and how FTP and/or publishing functions.
- You may not compile or install binary files other than the ones provided on the system.
- "The Provider" does not make C compilers available for our web clients, and the PERL binaries provided will *not* have networking support (for example, socket.ph, ftp.pl, etc.)
- Should there be any program which the "User" would like added to the available system binaries or scripts please contact "The Provider" for approval;
- Violations of "The Provider's" system or network security are strictly prohibited, and may result in criminal and civil liability. Examples include, but are not limited to, the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with services to any "User", host or network including, without limitation, mail bombarding, flooding of email or any spam mail, deliberate attempts to overload a system and broadcast attacks;
- "The Provider" does not allow the sharing of cgi-scripting with domains not hosted by us. Any cgi-scripts deemed to be adversely affecting the server performance or the network integrity will be shut down without prior notice;
- "The Provider" will not allow any "User" to undermine or cause any damage in any format what-so-ever to another customer of "The Provider's" services, this is strictly prohibited.
- Any sub-networks of "The Provider" and dedicated servers must adhere to the above policies.
- The failure to meet or follow any of the above guidelines are grounds for account cancellation.
- "The Provider" reserves the right to remove any account without prior notice;
- "The Provider" will not be held liable for any content that a "User" using "The Providers" services displays on "The Users" website etc
- Should "The User" rent / buy an IP address from "The Provider" this IP address remains the sole property of "The Provider".
- Should "The User" cancel its services with "The Provider" the IP address will automatically return back to "The Provider" and "The User" shall have no rights or entitlement to the IP address thereafter.
DOMAIN REGISTRATION AND PARKING:
- Ownership of the domain is "The Users" after full payment has been received;
- Payments for a domain name registration are non-refundable. Once a domain name is registered, the WHOIS database stores the information and is kept there for a period of one year, until the date of renewal. Payment will NOT be credited back;
- Domain Parking does NOT include Web Space, Virtual Hosting or email facilities.
- "The Provider" shall be held harmless if "The User" uses any domain name that infringes on any rights of any person / company
- "The Provider" does not guarantee that a domain name requested is available. Should our systems reflect availability this domain, this domain may have already been taken as "The Provider" is reliant on both local and international whois servers for updates
- As "The Provider" is a reseller of various domains, "The User" agrees to abide by the terms and conditions of the various domain registrars worldwide when registering a domain
- Domain registrars charge both a registration fee and a renewal fee, "The User" agrees to pay "The Provider" fees that relate to the registration, renewal, maintenance or administration of the domain name, these fees are not refundable.
- Should "The User" misspell a domain name and the said domain is registered, "The User" will be held liable for payment of the domain. No domain can be credited, "The User" will then have to register the correctly spelled domain name at the cost of a new domain registration
- Once an account has been created the DNS entries are created and the ticket for the domain is sent off, this may take up to 15 minutes to complete.
HOSTING SERVICE:
- Each web hosting plan allows for a specific amount of monthly transfer, for bandwidth utilization purposes, a month is defined as one calendar month;
- Bandwidth utilization is dynamically and continuously measured, sites exceeding their allotted rate will be charged at the prescribed rate per MB bandwidth or automatically suspended depending on the account type (See "Users" hosting account for further details;
- Should the "User" not opt to add additional bandwidth to their account the billing system will automatically suspend said account including but not limited to the website and emails.
- It is the "User's" responsibility to choose the level of transfer rate that their site requires;
- "The User" shall be responsible for backing up his / her data / files at all times. "The Provider" will not be held liable for any data / information loss whether negligent or not;
- Upon termination of "The Users" agreement with "The Provider", it is "The Users" responsibility to backup and or move all "The User" files from "The Provider" servers.
- "The Provider" shall delete all files / content / information /scripts etc from its servers upon the acceptance of transfer request of a domain/s to another service provider. The "User" shall have no recourse against the "Provider" should any files that were not backed up as per point #6.
EMAIL SERVICE:
- E-Mail Accounts are restricted to a maximum size dependant on the account option taken. If this space is exceeded, this may result in e-mail being lost, emails being bounced or your account being suspended;
- If any "User's" account is generating web traffic considered unusually high, "The Provider" may require the site to be placed on a Heavy "User" server either locally or internationally at the discretion of "The Provider";
- "The Provider" does not provide email anti virus on "The Providers" servers. Due to the pace of which viruses are transmitted "The Provider" will not be held responsible should a pass through its Email Service;
WEBSITE DESIGN TERMS:
The "Quotations" sent out by RAW Media Concepts are general CMS quotations and do not include any specific coding customizations unless specified in the quotation. Any "Custom Development" will be specified to the Client and the Client will have the opportunity to reject the "Custom development" Should the Client reject such quotation no "Custom Development" will be included in the website development. "Website Content" shall include all content to be included in the Website, including but not limited to textual materials, logos, photographs, sound files, databases, video files and other Website content All "Website Content" required to be included in the Website as described in the specifications, but excluding those items that shall be the responsibility of the Client to supply.
Logo files and photographs shall be supplied in the following formats: GIF / JPEG / TIFF / PNG / BMP, written text shall be in [WORD PROCESSOR] format, video files shall be in .AVI, .MOV, .FLV, MPEG format, and sound files shall be in Mp3 file format.
The Client shall be responsible for delivering all Website Content except for those items that RAW Media Concepts has specifically agreed to create. Client to supply all Content (in format above) as well as all Meta tags and Meta Keywords for all website pages created by RAW Media Concepts. Should the Client not supply the respective information, RAW Media Concepts will insert "Global Keywords and Meta Tags" but will not be held responsible should these not be suitable for the Client. The Client will be shown how to add / edit / replace such content at their own leisure.
RAW Media Concepts is hereby authorized to utilize any such subcontractors as maybe desired without the express permission of the Client. RAW Media Concepts shall use its reasonable efforts to meet the completion schedule if such schedule is agreed upon. However, the Client acknowledges and agrees that any changes or deviations in the specifications, site plan, mock-ups, graphics, or any other element of the Website , and Client delays in fulfilling Client's responsibilities, include delivering Site Content and promptly reviewing and commenting on completed work will lead to delays in the completion schedule. RAW Media Concepts will not be held liable in any way should any delays be from the Client.
Client shall have a period of 14 days following delivery of the final Website during which the Client may engage in testing of the Website. The Client shall notify RAW Media Concepts no later than the 14 days following delivery of any items contained in the Website that do not conform to specifications or are not working. In the event that the Client does not so notify RAW Media Concepts within the 14 day period, the Client shall be deemed to have accepted the Website in all respects.
RAW Media Concepts shall retain a backup of the Website files relative to the accepted Website for a period of 14 days following final acceptance by the Client. Thereafter, RAW Media Concepts shall destroy all copies of the Customer's Website, unless RAW Media Concepts is providing hosting of the Customer's Site pursuant to a separate hosting Agreement.
In consideration of the services to be performed by RAW Media Concepts hereunder, the following are the payment Terms and Conditions: Upon achievement of the various stages of development that require an additional payment to be made to RAW Media Concepts, RAW Media Concepts shall notify the Client in writing that such stage of development has been reached and shall deliver such deliverables that corresponds to that stage of development to the Client, together with an email notification for the amount due at such stage of development. The Client shall make payment on such invoice within 7 days after receipt of such email notification. RAW Media Concepts reserves the right not to continue development of said website until payment is made. Should the Client delay payment, any and all Time Schedules for the website will automatically become obsolete.
- 20% deposit is required upon commencement of look and feel and the spec and quotation and have been agreed on and signed-off.
- 30% payment on acceptance of the look and feel and upon the commencement of the development process.
- Remainder 50%, on completion of the development.
- Payment Terms are Cash on Delivery.
- Any quotations are valid for 14 days from the date stated.
- E&OE
General terms and conditions:
- Any quotation by Raw Media Concepts will be valid for 30 days from date of issue only. Pricing and/or terms and conditions may change after the said 30 day period.
- Monthly and Weekly newsletter function excludes copywriting and composition services, which is quoted for separately if required.
- Image galleries exclude image photography, preparation and upload, which is quoted for separately if required.
- Any quotation by Raw Media Concepts will be valid for 30 days from date of issue only. Pricing and/or terms and conditions may change after the said 30 day period.
- RAW Media Concepts reserves the right to alter the signed proposal/quotation and final specification should the Client change the nature or / and scope or / and the estimated time of the project. Any alteration will be quoted for separately.
- For character design, caricature design, illustration design, logo design the following applies: Any sketches, fresh redraws, revision rounds which are over and above the quotation/proposal referred to above will be invoiced for separately at the aforesaid standard development rate of R550.00 per hour excluding value added tax.
- RAW Media Concepts shall not be responsible for the Payment Gateway should the website require one, nor will RAW Media Concepts help with the negotiation of the merchant account. It shall at all times be the sole responsibility of the Client to ensure that a Payment Gateway is negotiated with the relevant merchant. RAW Media Concepts may, without any liability therefor, and upon request by the Client recommend certain preferential Payment Gateway vendors.
- RAW Media Concepts reserves the right to withhold all content, graphics and code until the outstanding balance is fully paid. Interest at 2.5% compounded monthly will be charged on outstanding amounts.
- The monthly fees will apply from the commencement of the live version of the website. Certain fees will apply sooner such as the Simplisend managed service if the service is used.
- Should the Client choose the option of providing its own content or / and images, these must be provided to RAW Media Concepts within an agreed upon time, which shall be advised by RAW Media Concepts to the Client in writing. Should the Client not adhere to this, RAW Media Concepts reserves the right to continue with other developments and shall in no way be liable to the Client as a result of any failure to complete the website within any particular agreed period of time.
- Any costs incurred by RAW Media Concepts such as, but not limited to stock imagery shall be for the Client's account and shall be invoiced for reimbursement and payable upon presentation of invoice.
- The quotation covers the development of specified pages but excludes any required work on the server (except for database).
- Although every effort is made to test the workings of the site it is the responsibility of the Client to test the site to its satisfaction and bring any problems to the attention of the developer, in writing within 2 weeks from the date of notice of completion. Failing the aforegoing the site shall be deemed to be complete and fully operational and RAW Media Concepts shall have no further obligations in respect of the development thereof.
- It is the Client's responsibility to ensure that the hosting Server is capable of handling the functionality required for the site and that at least one backup of the site is made. (Please consult with the developer for assistance regarding requirements).
- Raw Media Concepts will not develop for or support Microsoft Internet Explorer 6. It is the Client's responsibility to ensure that they and their clients are using the latest version of Internet Explorer.
- RAW Media Concepts shall under no circumstance be responsible for changes made to the source code by a third party and the effect it may have on the product/website that RAW Media Concepts has developed in terms of the quotation.
- The proposal/quotation shall at all times be subject to the RAW Media Concepts Standard Terms of Service.
- RAW Media Concepts recommends that a copywriter familiar with SEO content creation is used. RAW Media Concepts may provide copy assistance if the Client decides to take on this task in-house in which event RAW Media Concepts shall charge the Client R500.00 per hour excluding Value Added Tax.
- The Client shall at all times remain responsible for providing the content in text files that can be uploaded directly to the website. Any data manipulation by RAW Media Concepts shall be charged for at R550.00 per hour excluding value added tax.
- The proposal/quotation excludes Simplisend per email credit sending. This is quoted in an attached document.
- All RAW Media Concepts hosting package usage levels will be reassessed on a monthly basis. RAW Media Concepts reserves the right to change the hosting package should the level of bandwidth usage change on a continued basis. RAW Media Concepts will endeavour to notify the Client in such event but shall incure no liability in the event that it fails to do so.
- RAW Media Concepts shall develop the website in accordance with the duly accepted quotation only.
- The Client shall upon completion of the website be required to execute RAW Media Concepts's standard documentation in confirmation that the website has been developed and completed in accordance with the duly accepted quotation and the Client's instructions.
- After signature of the aforesaid documentation, the Client shall not be entitled to any further development, variations or amendments to the website, unless agreed to in writing and signed by the Client and RAW Media Concepts detailing the specifications of such variations or amendments and the cost thereof.
- Payment in terms of the duly accepted quotation shall be in respect of the once off development of a website only.
- Where payment is to made in monthly instalments, payment in terms of the duly accepted quotation shall be made monthly on the first day of every month over the period recorded in the duly accepted quotation, by debit order in accordance with the debit order details recorded in the duly accepted quotation. Payments shall continue until the amount owing in the duly accepted quotation is paid in full.
- In the event that the Client fails to make any one payment on the due date thereof:
- the full amount then outstanding shall immediately become due owing and payable; and
- the Developer shall be entitled to charge interest on the outstanding amount at 2.5% compounded monthly.
- All payments envisaged herein shall be made free of exchange, set-off or deduction, into the banking account of RAW Media Concepts as advised by RAW Media Concepts to the Client, in writing from time to time.
- The Client shall be liable for payment immediately upon demand, of an amount equivalent to the amount charged by RAW Media Concepts' bankers in respect of any of the Client's cheques, debit orders or other forms of payment, dishonored by the Client's bankers.
- The Client shall not in any circumstances whatsoever, be entitled to withhold payment to RAW Media Concepts in terms hereof.
- RAW Media Concepts reserves all rights.
Should the client want the website to "Go-Live" prior to a hand over or completion from RAW Media Concepts or if the Client specifically would like the website to "Go-Live" the full outstanding payment will be deemed due immediately. Should the Client require the login details to the "Administrator" section of the website, RAW Media Concepts will not be held responsible / liable for any faults on the website as the Client will be deemed to have effectively taken over the website. Should RAW Media Concepts have completed their portion of the website and the Client has yet to furnish content, RAW Media Concepts may request that all outstanding monies be paid and the website will be completed as per the quotation when the Client furnishes RAW Media Concepts with the respective content. Should the client "Sign off" on the job completion form, the website will be deemed completed and all will immediately be due. The Client has 14 days thereafter to inform RAW Media Concepts of any issues with the website, there after RAW Media Concepts cannot be held responsible. Should RAW Media Concepts NOT be hosting the Clients website, immediately after the website has been uploaded on the Clients hosting service will the website payment become due. RAW Media Concepts will not be held responsible should the website be hacked in any shape of form.
The parties acknowledge and agree that all expenses associated with the development process, including but not limited to payment of any licensing fees, software procurement, costs of purchasing graphics, photographs and other web content, materials, supplies, and all other elements of the website development shall be absorbed by the Client. These costs if any will be explained to the Client and should the client not agree to such costs the respective content etc above will not be purchased.
In the event that this Agreement is terminated prior to completion of the Website, RAW Media Concepts shall be compensated for any and all work that has been completed prior to the date of termination. If no set price is given for work completed, RAW Media Concepts reserves the right to cost the work completed based on its standard hourly rate for any work completed prior to termination. This may include but not limited to the design of layouts / templates / graphics / Flash Animation.
Following completion of the Website and final acceptance by the Customer and at RAW Media Concepts's discretion for a period of 12 months after the Website is launched, The Client shall include a credit to RAW Media Concepts on all pages of the Website. The credit to RAW Media Concepts shall be designed and placed in a way that has form and substance that is reasonably acceptable to the Client. The credit shall also include a hypertext link to the RAW Media Concepts's Website.
Proof Reading:
It is the responsibility of the Client to 'proof read' ALL content supplied. RAW Media Concepts does not and will not proof read any content and
everybody has their own writing styles.
Under Payment:
It is the Clients responsibility to pay all outstanding monies within the agreed upon time-frame. It is not the responsibility of RAW Media Concepts to supply content for said website. RAW Media Concepts reserves the right to take further action against the Client for the failure to pay any outstanding monies for the website design within the agreed upon time-frame.
SECURITY:
- Any person that delivers or attempts to deliver any damaging code to the "The Providers" websites or attempts to gain unauthorised access to any page on this web site shall be prosecuted and civil damages shall be claimed in the event that "The Provider" suffers any damage or loss.
- All credit card transactions are Secure Socket Layers encrypted.
- "User's" may click on the SSL or Credit Card Merchant logo to view their security certificate.
- Issuing of password / user login information, unless "The Provider" knows the party, NO user login or email or any passwords will be given out.
- Should an employee of a company require such information this will only be provided once this request has been received in writing from a contact person that we have on record or somebody suitably authorised within the company.
GOVERNING LAW:
- "The Providers" sites are controlled and operated from the Republic of South Africa and therefore governed by South African Law.
- The subscriber may not at any time use the service in contravention of any South African law and consents to the jurisdiction of the High Court of South Africa sitting in Pretoria;
GENERAL CONDITIONS:
- "The User" agrees to abide by the generally accepted terms of Netiquette
- These Terms and Conditions supersede all previous representations understandings or agreements and shall prevail notwithstanding and variance with terms and conditions of any order submitted;
- Use of "The Provider's" services constitutes acceptance of these Terms and Conditions;
- "The Provider" owns the content, graphics, trade marks, meta tags, domain names, hyperlinks, patents and source code for their websites. The content may not be copied, modified, redistributed or republished from this website without the express written consent of an authorized person from "The Provider".
- No person may use, reproduce or distribute the intellectual property of the website or "the Provider" in any manner whatsoever without the prior written consent;
- Should "The Provider" fail to enforce any condition of this agreement, all other conditions of this agreement shall remain in force
within the provisions of South African law.
This agreement sets forth the entire agreement and understanding between the parties and merges all prior discussion between them. "The Provider" reserves the right to add, delete, or modify any provision of this Policy at any time without notice. This agreement may not be modified except by the written consent of "The Provider".





