B_LIMITLESS – Terms and Conditions
We will always do our best to fulfil your needs and meet your expectations. But it is important to have things written down so both you and us, know what’s what, who should do what and when, and what will happen if something goes wrong. In this contract you will not find any complicated legal terms or long passages of unreadable text. We’ve no desire to trick you into signing something that you might later regret. We want what is best for both parties, now and in the future.
The following terms and conditions document, is a legal agreement between BLimitless (Pty) Ltd, hereafter “BLimitless” and “Client” for the purposes of providing online web services. BLimitless preferred website hosting reseller and supplier is eStart Computer Services, and will be known as the “Internet Service Provider” (ISP). These Terms and Conditions set forth the provisions under which the Client may use the services supplied.
BLimitless will either secure an account with our preferred ISP on behalf of the Client, or the Client may secure the account independently. If the Client is not an advanced user of the Internet, the Client is encouraged to use the services of BLimitless to secure and maintain their account(s), this also ensures that BLimitless are able to upload the website and guarantee that the hosting platform supports all functionality. Should the Client already host a website with another hosting company but wants to move to BLimitless ISP Servers, the Clients domain/s will be transferred to and from ISP free of charge. (All web web development and maintenance services packages offered by BLimitless includes hosting)
The Client hereby authorizes BLimitless to access this account, and authorizes the Web Hosting Service Provider to provide BLimitless with “write permission” for the Clients web page directory, cgi-bin directory, and any other directories or programs which need to be accessed for this project. The Client also authorizes BLimitless to publicize their completed website to Web search engines, as well as other Web directories and indexes, should it so deem.
Domain Name Registration
BLimitless shall make every effort to ensure sites are designed to be viewed by the majority of visitors. Sites are designed to work with the main browsers Internet Explorer, Google Chrome, Mozilla Firefox latest releases. Client agrees that BLimitless cannot guarantee correct functionality with all browser software across different operating systems.
Client agrees that after the handover of files, any updated software versions of the main browsers, domain name setup changes or hosting setup changes, thereafter, may affect the functionality and display of the website. As such, BLimitless reserves the right to quote for any work involved in changing the website design or website code for it to work with updated browser soft-ware, domain name or hosting changes.
Client is aware that some advanced techniques on the Internet may require a more recent browser version and brand or plugin. Client is also aware that, as new browser versions of Internet Explorer, Google Chrome, and Firefox are developed, the new browser versions may not be compatible. In the absence of a Maintenance Agreement, time spent to re-code a site for compatibility due to the introduction of a new browser version will be separately negotiated and in addition to the base price of our agreement.
The text and graphic content of the web pages will be supplied by the Client and executed as specified by the Client in the “Website Design Intake Form”. The quotation provided includes the quantities of products, categories, photos, regular pages, etc. in the final store. Any variations to this will incur additional charges. Product web pages, products, or photos added after the store is ready for advertising to the Web will be calculated for actual time spent at the hourly rate specified below.
In short, you are hiring us to design and develop a website for the estimated total price outlined in the quotation that is attached, and these terms explain how the project will proceed.
The quotation that is attached is part of these terms and is valid for thirty (30) days from its issue date. Acceptance of Quotation by Client signature, implies that the below terms and conditions have been read, understood, and accepted by the Client.
The figures in the quote are minimum estimates for the project, set for 12 months subscription – not taking into account factors like rush fees, expenses paid on your behalf, and any changes to the project scope (all of these are explained below). If there is no change to the project scope, it is unlikely that the final amount payable will differ from our estimate.
We will do our best to meet the project deadlines outlined in the quote. That said, our ability to do this depends on you giving us everything we need to complete the project in the format that we need it, as and when we need it. You will review our work and provide feedback and approval in a timely manner too, but we recognise that creativity does not follow a schedule, so time is not of essence in the contract.
BLimitless reserves the right to assign subcontractors to this project to ensure the right fit for the job as well as on-time completion. BLimitless warrants all work completed by subcontractors for this project. When subcontracting is required, BLimitless will only use industry recognized professionals.
Payment Schedule and Invoices
- You agree to stick to the payment schedule outlined in the quote, and to pay our invoices in accordance with the terms stated on the invoice, or, if no terms are stated, within fourteen (14) business days (i.e., non-weekends which are not public holidays) of receipt. Please pay for any bank charges, administrative fees, and other costs payable in connection with remitting any payments to us.
- A first payment (1/12 months) of the contract is required before project work will be scheduled to commence, unless otherwise stated/ informed. Only upon receipt of payment, will a project be opened for the services requested. Payment is accepted by our secure payment provider PayFast, through EFT (Electronic Funds Transfer), Credit Card, Debit Card, SCODE, MASTERPASS and MOBICRED, and for International Clients outside of Southern Africa, EFT only unless otherwise stated or agreed upon. No Cheque deposits will be accepted. Cash deposits will incur a 10% fee for bank charges. Once BLimitless receives the deposit, communication and the workflow process will begin / start.
The balance is due and payable once the website is developed, and the contract has been signed, where both parties agree to a 12 month instalment / payment term for the website’s development.
- BLimitless is to submit a ‘First Mock-up Draft’ of website no later than ten (10) business days after BLimitless receives signed agreement, along with down payment and initial direction from the Client (Website Design Intake Form). The Client is to provide BLimitless with all the data needed to complete the website, including such things as documents, text, company logos, and images.
Communication between BLimitless and Client is crucial during this phase to ensure that the ultimate publication will match the Clients taste and requirements.
- Upon completion of this stage, the Client will be asked to confirm acceptance for the basic site design via e-mail. Once acceptance is received from the Client, work will commence to complete the project. Upon completion of the website, an approval with review form will be sent to the Client for approval and signing off the completion of the project.
- Should payment not be made within 7 days of invoicing, a late payment penalty fee % can be charged for fees outstanding.
- BLimitless reserves the right to remove all web content from the Internet if payment is not made within thirty (30) days of notification. If case collection proves necessary, Client agrees to pay all fees incurred in that process.
- Regardless of the place of signing this agreement, Client agrees that for the purposes of venue, this contract was entered into in Rustenburg, South Africa, and any dispute will be litigated or arbitrated in Rustenburg, South Africa.
Amendments / Changes to our Work
- We provide up to 2 rounds of revisions to our work at no extra charge, as long as the changes requested do not substantially alter the original project scope, nature or purpose; and as long as you have not already given us your final approval for the piece of work concerned. Any other kinds of amendments are considered a change in the project scope, which is explained in paragraph 8 below.
BLimitless prides itself in providing quality products and excellent customer service. That is the spirit of our agreement and the spirit of BLimitless business services. To that end, we encourage input from the Client during the design process. BLimitless understands, however, that the Client may request significant design changes to pages that have already been built to the Clients specification. To that end, please note that our agreement does not include a provision for “significant page modification” or creation of additional pages more than that of our agreed page maximum. If significant page modification is requested after a page has been built to the Clients specification, we must count it as an additional page. Some examples of significant page modification at the request of the Client include:
- Developing a new table or layer structure to accommodate a substantial redesign at the Clients request.
- Recreating or significantly modifying the company logo or other graphics at the Clients request.
- Replacing more than 75% of the text to any given page at the Clients request.
- Creating a new navigation structure or changing the link graphics at the Clients request.
- Significantly reconfiguring the Clients shopping cart with new product, shipping, or discount calculation if e-commerce has been enabled and selected by the Client.
- If the Client requests significant page modification after the page maximum has been reached, a Change Request with estimated costs will be submitted for Clients approval prior to changes being done. Moderate changes, however, will always be covered during our development of the site and covered by our maintenance agreements.
You can cancel this contract at any time, by informing us in writing at least one (1) month in advance.
Likewise, we can cancel this contract any time, by informing you in writing at least one (1) month in advance.
Cancellation does not affect any benefit or right that you or us, become entitled to beforehand. So regardless of cancellation, you will have to pay us for the full amount of any outstanding invoices and for work already done but not yet invoiced
For graphic design projects, we will deliver to you the digital files containing the final project deliverables within seven (7) business days after you approve them, and after you’ve paid all outstanding invoices. The files will be delivered in PNG, JPG, PDF formats only.
For website development projects, all files that are required for the website to function properly will be uploaded to your server within a couple of business days after you approve them, and after you’ve paid all our outstanding invoices.
BLimitless and Client must work together to complete the website in a timely manner for both parties to remain profitable. We agree to work expeditiously to complete this project no later than twenty (40 business days from date of cleared 1st payment and receiving all relevant material from the Client. BLimitless, however, cannot be held liable for late completion should the Client not revert, back to us with feedback in a timely manner.
What you can do with the designs after payment of the final project invoice
If we designed a trademark (in logo and/or tagline form) as part of your project, then, as far as the trademark is concerned:
Upon payment of all your outstanding invoices for the project, and in exchange for such payment, we assign to you all right, title and interest in the trademark (except our rights against false attribution as authors under the Copyright Act, moral rights and their worldwide equivalents).
In exchange, you grant us a royalty-free and permanent licence to use representations of the designs and taglines in our portfolio (in all types of media), as a sample of our past works, in trade publications, educational material, to promote ourselves, and for competitions.
You’ll be entirely responsible for making sure our designs and taglines are free for you to use and register as a trademark, and that they don’t infringe anyone else’s rights – we cannot and do not accept any liability for these matters. We’ll sign any documents that are reasonably needed to confirm or evidence that you own the designs, provided you bear any legal and other fees that are incurred by either you or us in the process.
If you want to put the deliverables to additional uses, or make changes to them, additional fees will apply, and we might have to obtain additional licences from third party vendors – contact us and we’ll be happy to work out some terms with you. Otherwise we will have to look to cover us for any damage, legal fees, consequences and if you put the deliverables to additional uses without our prior authorisation.
We remain the owners of all rights in the deliverables in draft and final form, as well as of the works used to create them (except for materials that you provided, or that are owned by third parties), and are free to use them in future.
Changes to the project scope
We recognise that you may have new ideas which you may want to include later on, and we’ll be able to accommodate you. Inform us of the changes or additions, and if they are not already provided for in the existing quotation given, we will provide a separate quotation to cover them.
We understand that there may be urgent changes to the project scope that need to be carried out right away. You can request and approve an oral quote in order for us to start work on urgently needed changes, and we will follow up with an invoice later on.
Expenses paid on your behalf
You will reimburse us for costs that we incur in order to complete your project, including charges for overseas calls and faxes, shipping, government fees, taxes, levies, entertainment, transportation, visas, entrance fees, usage fees and license fees. We will include these charges in our invoices to you, so you know exactly what was involved.
We may purchase or license from third party vendors materials used in your project (including source code, work-up files, software programs, photographs, illustrations etc.). Where we license such material, the intellectual property rights in the licensed material remain the property of the third-party vendors.
The quotation attached does not cover any work that has to be rushed ahead of the project schedule, or work outside the project scope that is to be executed on a rush basis. Rush work means work that you request us to complete within one (1-2) days of your request, and does not include the development of websites in such time.
Our rush service fees are charged at a premium basis of 150% (one hundred and fifty per cent) of the amount stated in the attached quotation (or, if not previously quoted, of our standard charge) for the type of work requested.
Delays to the Project Schedule
We understand that sometimes it’s impossible to reply to emails and messages immediately, and so we don’t expect you (or us) to be able to do so. At the same time, we’ve found that keeping the momentum going produces the best results for both us and our clients.
To encourage everyone involved to do this, a delay fee of five per cent (5%) of the attached quotation amount will kick in for every seven (10) consecutive business days that either you or us goes unresponsive – not providing information, instructions, materials or anything else necessary for the project to proceed.
The maximum amount that either you or us, can claim under this clause is a sum that is equal to the quotation amount.
An Explanation of our work
We create look-and-feel designs, and flexible layouts that adapt to the capabilities of many devices and screen sizes. We create designs iteratively and use predominantly HTML and CSS so we won’t waste time mocking up every template as a static visual. We may use static visuals to indicate a look-and-feel direction (colour, texture and typography.) We call that ‘design atmosphere.’
You’ll have two or more weekly opportunities to review our work and provide feedback. If, at any stage, you’re not happy with the direction our work is taking, you’ll pay us in full for everything we’ve produced until that point and cancel this contract.
We’re not responsible for writing or inputting any text copy. If you’d like us to write new content or input text for you, we can provide a separate estimate for that.
You should supply graphic files in an editable, vector digital format. You should supply photographs in a high resolution digital format. If you choose to buy stock photographs, we can suggest stock libraries. If you’d like us to search for photographs for you, we can provide a separate estimate for that.
Browser testing no longer means attempting to make a website look the same in browsers of different capabilities or on devices with different size screens. It does mean ensuring that a person’s experience of a design should be appropriate to the capabilities of a browser or device.
You’ll be responsible for making sure that your website hosting specifications can support the programming language used in this project for developing your website. Also, as much as we’d like to, we can’t guarantee that our work will function with all browsers across the market or with browsers and versions developed in the future.
Software, Fonts and Raw Files
Software and fonts used for the project remain our property and will not be released to you. Likewise, project raw files will not be supplied. If you require the raw files for the project, we can provide a separate estimate for that, which includes the release of copyright to you.
Materials Provided by You
Where you provide us materials in the course of the project, you guarantee that you own them or have been given permission to use them. Ownership of these materials will remain with you (or the persons who licensed them to you) at all times. You grant us a royalty-free licence to use them for the project and to retain copies in our business records.
We will not be responsible for any damage or consequences if the materials you provided infringe someone else’s rights or are unlawful or illegal. You will indemnify us and pay for all damages, costs, fees, expenses and legal fees on an indemnity basis that we incur due to your materials being infringing, unlawful or illegal in any country.
We’re sure you understand how important it is as a small business that we get paid promptly for our invoices. We rarely have any late payment issues with our clients, but we need to protect ourselves too.
So in the unlikely event that any of our invoices is not paid on time, we may charge a late fee, as stated in the T&C’s, for every seven (30) days that it remains unpaid.
We also may choose to cancel the project immediately, suspend work till payment is received (including stopping ongoing work, removing unpaid material, and taking down the website), and/or take legal action to recover our fees and any lawyer’s charges for doing so.
Our Rights before Payment of the Final Project Invoice
All originally created deliverables, including trademark logos and taglines, in draft and final form, are wholly owned by us prior to full payment of the final project invoice by you. This means that if the project is cancelled before completion, we retain ownership of everything, and no rights are granted to you to use them.
Errors and Omissions
We will use our best efforts to prevent errors and omissions from occurring in web page information. If such errors or omissions occur, please notify us, and we will correct them for free, and that will be the limit of our responsibility and liability.
Confidential Information“Confidential Information” means information that is marked as secret or confidential, or which, based on the circumstances in which it was disclosed, ought to be treated as confidential.
In the course of this project, we may receive from you (and you from us) Confidential Information. If either you or us receive from the other Confidential Information, the receiving party agrees to keep the Confidential Information secret, ensure that its agents and employees keep it secret, and not disclose it to any other person, organisation or entity (unless absolutely necessary).
However, the receiving party may use or disclose Confidential Information received from the other in order to comply with a court order, law or regulation, direction of a governmental or statutory authority. The receiving party may also use or disclose Confidential Information that entered the public domain due to no fault of that party, or that was disclosed to the receiving party by another source lawfully and without any obligation of confidentiality.
Limits on Liability
- While our aim is to deliver top quality and client satisfaction, there are some things we are unable to accept responsibility for.
We provide the deliverables to you on an as-is basis, and we make no promise or guarantee that they will be fit for, or achieve, any particular purpose.
We cannot and do not promise or guarantee that services or products purchased or licensed from third party vendors will be free from interruption or failure or that they will remain available for use for any specific period.
We will not be liable to you for lost profits or other special or consequential damages of any kind, nor will we be liable to you for direct damages unless caused by our gross negligence or fraud. The maximum damages payable to you in any event will not exceed the amount of fees actually invoiced and paid to us in connection with the project in question.
Specifically, we will not be responsible or liable to you for damages or loss caused by:
– your use of the designs and deliverables in ways that are not covered by the licences we grant to you;
– anything done by us on your instructions, or using material you provided to us;
– any breach of these terms and conditions by you;
– any legal, governmental, contractual or other approvals that were required but which you did not obtain,
and you will keep us indemnified for all damages, costs, fees, expenses and legal fees on an indemnity basis that we incur due to any of these specific actions and omissions.
Neither you nor us shall be liable for failure to perform our part of the contract, if the failure is due to force majeure events (including fire, flood, earthquake, storm, hurricane, natural disaster, war, civil war, invasion, act of foreign enemies, hostilities, rebellion, terrorist activity, government sanction, change of law, strike, lockout, industrial action, embargo, sabotage, interruption or failure of electricity service, interruption or failure of transport networks or other public utilities, interruption or failure of Internet or other communication service).
No Transfer of this Contract
You cannot transfer, assign or novate this contract, the licenses given under or in connection with it, or any other parts of this contract to anyone else without our advance permission in writing, which we may choose to give subject to additional conditions.
We cannot transfer, assign or novate this contract without your advance permission in writing, except to a company or business in which we or our ultimate owners have a majority ownership interest.
Other Legal Stuff
- We are an independent contractor and not your employee, and thus, any laws by which ownership of copyright in works created by an employee is automatically transferred to the employer do not apply.
This contract and all matters arising from it are governed by South African law.
The courts of South Africa are the most appropriate and convenient courts to settle any dispute connected with this contract (including a dispute regarding the validity, existence or termination of the contract), and the courts of South Africa have exclusive jurisdiction to settle any dispute arising from or connected with this contract.
BLimitless (Pty) Ltd may amend these terms and conditions at any time without prior notice.
If for some reason part of this contract becomes unenforceable or invalid, the remaining parts will be unaffected.
A failure or delay by either party in exercising any right or benefit under this contract does not amount to a waiver of that right or benefit.
This contract will bind the parties’ respective legal personal representatives, successors and permitted assigns.
Except where expressly stated otherwise in this contract, a person who is not a party to this contract has no right under the Contracts to enforce any term of this contract, but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
By signing our contracts and or making payment(s), you agree to all our terms of service and terms and conditions, which is effective from the most recent date that appears in the signing page and or payment date.
BLIMITLESS (PTY) LTD (“THE COMPANY”) WEBSITE TERMS OF SERVICE
THESE TERMS OF SERVICE (“TERMS”) ARE EFFECTIVE AS OF: 1 JULY 2021 “EFFECTIVE DATE”. READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. YOUR CONTINUED USE OF THE WEBSITE WHETHER AS A USER (“A USER”, “YOU” OR “YOUR”) INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS. ALL SECTIONS OF THESE TERMS ARE APPLICABLE TO YOU UNLESS THE SECTION EXPRESSLY STATES OTHERWISE. THESE TERMS SHALL OPERATE IN ADDITION TO ANY OTHER MORE SPECIFIC TERMS THAT MIGHT APPLY TO A USER. IF THERE EXISTS A CONFLICT BETWEEN THESE TERMS AND THE MORE SPECIFIC TERMS APPLICABLE TO A USER, THE MORE SPECIFIC TERMS SHALL PREVAIL TO THE EXTENT OF SUCH INCONSISTENCY.
Article 1. Introduction
1.1. These Terms will apply in respect of a User’s use of the website https://www.blimitless.co.za (“the Website”). By using this Website, a User agrees to accept the Terms contained herein.
1.2. Should a User not agree to the Terms contained herein, a User must immediately desist from using this Website.
1.3. Minors are not allowed to use this Website.
Article 2. Intellectual Property Rights
2.1. The Company and/or the Company’s licensors own all the intellectual property rights and materials as are contained on this Website.
2.2. A User is granted a limited license only for purposes of utilising this Website.
Article 3. Restrictions
3.1. A User may not:
3.1.1. publish or mirror any of this Website’s material in any media whatsoever;
3.1.2. use this Website for any objectionable or unlawful purpose, including the posting of any threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, profane or spam material;
3.1.3. take any action that may impose an unreasonable or disproportionately large load on this Website’s infrastructure of any nature;
3.1.4. use this Website in any manner would result in a User breaching any applicable legislation or licensing obligations (including with respect to privacy) or any obligations a User may owe to third parties;
3.1.5. conduct any activity which compromises or breaches any third-party’s patent rights, trademark, copyright or other intellectual property rights;
3.1.6. introduce any virus, worm, trojan horse, malicious code or other program which may damage computers or other computer-based equipment of the Company or affect the performance of this Website;
3.1.7. engage in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
3.1.8. use this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
3.1.9. use this Website to engage in any advertising or marketing other than in a manner expressly permitted by the Website;
3.1.10. crawl, spider or scrape the content of the Website, except to the extent required by recognised search engines (e.g. Google) for the purposes of indexing this Website; or
3.1.11. provide unauthorised interfaces to the Website.
3.2. Certain areas of this Website may be restricted from being accessed by a User, and the Company may further restrict access by a User to any areas of this Website, at any time, in its absolute discretion. Any user ID and password a User may have for this Website are confidential and a User must maintain confidentiality as well.
Article 4. A User’s Content
4.1. In these Terms, “a User’s Content” shall mean any audio, video text, images or other material a User may choose to display on this Website, if applicable. By displaying a User’s Content, a User grants the Company non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
4.2. A User’s Content must be a User’s own and must not be invading any third-party’s rights. The Company reserves the right to remove any of a User’s Content from this Website at any time without notice.
Article 5. Links to other Websites
5.1. This Website may contain links or portals to other websites. The Company has no control over websites operated by third parties and a User agrees that the Company is not responsible for and will have no liability in connection with a User’s access to or use of any third-party website.
Article 6. No Warranties
6.1. This Website is provided “as is” with all faults, and the Company expresses no representations or warranties, of any kind related to this Website or the materials contained on this Website.
6.2. The Company cannot guarantee or warrant that any file downloaded from this Website or delivered to a User will be free of infection or virus, worms, trojan horses or other code that has contaminating or destructive qualities. A User is responsible for implementing appropriate processes, systems and procedures to circumvent this type of issue.
Article 7. Limitation of Liability and Indemnification
7.1. In no event shall the Company, or any of its officers, directors and employees, be held liable for anything arising out of or in any way connected with a User’s use of this Website whether or not such liability is under contract, delict or otherwise.
7.2. A User indemnifies the Company and agrees to keep the Company indemnified, from and against any claim, loss, damage, cost or expense that the Company may suffer or incur as a result of or in connection with a User’s improper use of or conduct in connection with this Website, including any breach by a User of these terms or any applicable law or licensing requirements.
7.3. To the extent that the Company’s liability cannot be excluded by law, the Company’s maximum liability, whether in contract, equity, statute or tort (including negligence), to a User will be limited to the minimum amount imposed by such law.
7.4. Notwithstanding anything to the contrary in these Terms, in no circumstances will the Company be liable for any indirect, punitive or consequential loss or damages, loss of income, profits, goodwill, data, contracts, use of money or any loss or damages arising from or in any way connected to interruption of this Website of any type, whether in delict, contract or otherwise.
Article 8. Severability
8.1. If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
Article 9. Variation of Terms
9.1. To the extent permitted by law, the Company is permitted to revise these Terms at any time as it sees fit, without prior notice to Users, and any revisions to the Terms will take effect when posted on this Website, unless a later date is stated in the revised Terms. A User’s continued use of this Website will be construed as a User’s consent to the amended or updated Terms, and will be conditional upon the Terms in force at the time of use. A User’s only remedy, should such User not agree to these amended Terms, is to stop the use of this Website.
Article 10. Assignment
10.1. The Company is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, a User is not not allowed to assign, transfer, or subcontract any of its rights and/or obligations under these Terms.
Article 11. Entire Agreement
11.1. These Terms constitute the entire agreement between the Company and a User in relation to a User’s use of this Website (unless a more specific agreement has been entered into in this regard).
Article 12. Governing Law & Jurisdiction
12.1. These Terms will be governed by and interpreted in accordance with the laws of the Republic of South Africa.
Article 13. Domicilium Citandi Et Executandi and Contact Information
13.1. A User and the Company choose as their respective domicilium citandi et executandi for the purpose of legal proceedings and for the purpose of giving or sending any notice provided for or necessary of these Terms, the following:
13.1.1. The Company:
18 Bergrivier Avenue 18 Bergrivier Avenue,
13.1.2. User: The address as provided when registering on this Website, or if no registration is applicable on the Website, as nominated by the User.
13.2. Both a User and the Company may change its domicilium to any other physical address or email address by written notice to the other to that effect. Such change of address will be effective 7 (seven) days after receipt of notice of change of domicilium.
13.3. All notices to be given in terms of these Terms will:
13.3.1. be given in writing;
13.3.2. be delivered or sent by email; and
13.3.3. be presumed to have been received on the date of delivery.
13.4. Notwithstanding the above, any notice actually received by the other will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with the provisions of this clause.
Article 14. Preparation
14.1. These Terms have been custom created for the Company by the good folks at Hello Contract, www.hellocontract.co.za.
1.1. For the purposes of this section, Personal Information will be understood in accordance with the definition provided in the Protection of Personal Information Act 4 of 2013 (“the Act”). We also subscribe to the principles for electronically collecting personal information outlined in the Act, and the further legislation referred to therein. We endeavour to ensure the quality, accuracy and confidentiality of Personal Information in our possession.
1.3. In utilising our website, using our services or otherwise if your information is submitted to us through a lead generation services, users may be asked to provide the following information (Personal Information):
1.3.1. First Name
1.3.4. Physical Address
1.3.5. Phone Number
1.3.6. Business Name
1.3.7. Business Registration Number
1.3.8. Website Address / URL
1.5. We will not collect, use or disclose sensitive information (such as information about racial or ethnic origins or political or religious beliefs, where relevant) except with your specific consent or in the circumstances permitted by law.
1.6.1. The provision and performance of our services to you
1.6.2. Informing you of changes made to our website
1.6.3. The provision of marketing related services to you by us
1.6.4. Responding to any queries or requests you may have
1.6.5. For security, administrative and legal purposes
1.7. Although absolute security cannot be guaranteed on the internet, we have in place up-to-date, reasonable technical and organisational security measures to protect your Personal Information against accidental or intentional manipulation, loss, misuse, destruction or against unauthorised disclosure or access to the information we process online.
1.8. While we cannot ensure or warrant the security of any Personal Information you provide us, we will continue to maintain and improve these security measures over time in line with legal and technological developments.
1.9. We store your Personal Information directly, or alternatively, store your Personal Information on, and transfer your Personal Information to, a central database.
1.11. The Personal Information we collect from users shall only be accessed by our employees, representatives and consultants on a need-to-know basis, and subject to reasonable confidentiality obligations binding such persons.
1.12. We shall have the right, but shall not be obliged, to monitor or examine any information and materials including any website link that you publish or submit to us for publishing on the Site. You shall be solely responsible for the contents of all material published by yourself.
1.14. We will not sell, share, or rent your Personal Information to any third party or use your e-mail address for unsolicited mail. Any emails sent by us will only be in connection with the provision of our services and/or the marketing thereof.
Article 2. Log Files
2.1. When you visit the website, even if you do not create an account, we may collect information, such as your IP address, the name of your ISP (Internet Service Provider), your browser, the website from which you visit us, the pages on our website that you visit and in what sequence, the date and length of your visit, and other information concerning your computer’s operating system, language settings, and broad demographic information. This information is aggregated and anonymous data and does not identify you specifically. However, you acknowledge that this data may be able to be used to identify you if it is aggregated with other Personal Information that you supply to us. This information is not shared with third parties and is used only within the company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above, without your explicit permission.
Article 3. Disclosure of Personal Information
3.1. We may disclose your Personal Information to the following persons for the purposes of our rendering our services to you, and for those reasons recorded in clause 1.6 above:
3.1.2. Affiliated Companies
3.2. If our services are provided in conjunction with, or by involvement of third parties, such third parties may need to have your Personal Information in order to fulfil your request.
Article 4. Cookies
4.1.1. “Session cookies”: These are used to maintain a so-called ‘session state’ and only lasts for the duration of your use of the Website. A session cookie expires when you close your browser, or if you have not visited the server for a certain period of time. Session cookies are required for the Platform to function optimally, but are not used in any way to identify you personally.
4.1.2. “Permanent cookies”: These cookies permanently store a unique code on your computer or smart device hard drive in order to identify you as an individual user. No Personal Information is stored in permanent cookies. You can view permanent cookies by looking in the cookies directory of your browser installation. These permanent cookies are not required for the website to work, but may enhance your browsing experience.
Article 5. Links from the website
5.1. The services available through the Website, may contain links to other third party websites, including (without limitation) social media platforms, payment gateways, appointment scheduling and/or live chat platforms (“Third Party Websites”). If you select a link to any Third Party Website, you may be subject to such Third Party Website’s terms and conditions and/or other policies, which are not under our control, nor are we responsible therefore.
5.2. Hyperlinks to Third Party Websites are provided “as is”, and we do not necessarily agree with, edit or sponsor the content on Third Party Websites.
5.3. We do not monitor or review the content of any Third Party Website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of other websites, either.
5.4. Users should evaluate the security and trustworthiness of any Third Party Website before disclosing any personal information to them. We do not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Article 6. Application Of The Electronic Communications And Transactions Act 25 Of 2002 (“Ect Act”)
6.1. Data Messages (as defined in the ECT Act) will be deemed to have been received by us if and when we respond to the Data Messages.
6.2. Data Messages sent by us to a user will be deemed to have been received by such user in terms of the provisions specified in section 23(b) of the ECT Act.
6.3. Users acknowledge that electronic signatures, encryption and/or authentication are not required for valid electronic communications between us and users.
6.4. Information to be provided in terms of section 43(1) of the ECT Act:
6.4.1. Users warrant that Data Messages sent to us from any electronic device, used by such user, from time to time or owned by such user, were sent and or authorised by such user, personally.
6.4.2. This Website is owned and operated by Blimitless (Pty) Ltd.
6.5. Address for service of legal documents: 18 Bergrivier Avenue, Safari Gardens Ext 4, Rustenburg.
6.5.1. Contact Number: +27746540070.
6.5.2. Website – located at https://www.blimitless.co.za.
6.5.3. Email address: [email protected].
Article 7. Lodging of Complaints
7.1.1. Telephone: +27 (0) 10 023 5207; or
7.1.2. Email: [email protected].