Terms & Conditions

 

Design and Development

1. Acceptance, fees and deposits

Quotations are valid for 30 days from the date of issue. By accepting a quotation or making a payment of an invoice to use the services supplied, the Client acknowledges that he/she has read, understood and accepted the Terms and Conditions of this Agreement, and agrees to be legally bound by these Terms and Conditions

A 50% deposit based on the quotation submitted is required before work can commence. The remaining 50% will become payable once the website has been approved by the Client or deemed to have been approved, and before the website is made public.

2. Supply of materials and delays

Unless otherwise specified in our proposal and quotation, all materials including text, images, logos or any other material required in order to complete the website, must be supplied by the Client. If material is not supplied or essential instructions and decisions are not provided timeously, we have the right to extend any deadlines for completion which may have been agreed. Should you fail to supply materials, we have the right to invoice you for work completed

The Developer reserves the right to refuse to handle:
a. Any material that is unlawful or inappropriate
b. Any material that contains a virus or hostile programme
c. Any material that constitutes harassment, racism, violence, obscenity, harmful intent or spamming
d. Any material that constitutes a criminal offence, or infringes privacy or copyright.

3. Approval of work completed

You may be given access to the website during the design process to allow you to review the work. We must be advised immediately if you believe that the design varies from the brief. Once the website has been completed it will be made available for a 7 day review period. The work will be deemed to have been approved if we are not notified otherwise in writing during the review period.

4. Rejection of work

If any of the work is unreasonably rejected during the review period and all attempts to remedy the rejected work do not resolve the situation, then we will take steps to recover the outstanding amount owed provided that we are acting reasonably.

5. Variations

Any significant deviation from the original design brief which results in additional work having to be performed which was not included in the original proposal, will be chargeable.

6. Logo or Trademark Design

The website or listing design does not include the design of a logo or trademark which must be supplied. Should a logo or trademark be required, ShowMe Online Media will submit a quotation.

7. Software license

Provided we have been paid in full we grant you a license to use the software for the life of the website.

8. Consequential loss

We shall not be liable for any consequential loss or damage which may be caused by the malfunctioning of the website or any delay in performance, however that delay arises.

9. Copyright and intellectual property rights

It is your responsibility to obtain all permissions necessary for the use of any images, logos, copy, registered trademarks, or any other material supplied for use in the design and development of your website. You indemnify and hold harmless ShowMe Online Media against any action taken for the contravention of any intellectual property rights in respect of material supplied.

The Client agrees to abide by the terms of any third party software or media included within any work done for the Client. Examples of this include, but are not limited to, Googlemaps, Media under the Creative Commons license, RSS feeds, Open Source Software etc.

10. Additional expenses

You agree to re-imburse ShowMe Online Media for any additional expenses not within the scope of the quotation or our standard pricing, including but not limited to, third party software, stock photographs, artwork, purchase of templates.

11. Back-ups

Provided your website is hosted through ShowMe Online Media and the technical support costs have been paid, a back-up of your website will be kept. However, we take no responsibility for any consequential losses should the back-up be lost through no fault of ours.

12. Cross browser compatibility

All websites developed by us make use of the WordPress Content Management System. We use our best effort to ensure that the websites we create are compatible with all current and most recent versions of Internet Explorer, Chrome, Safari and Firefox browsers. It is the responsibility of users to ensure that they have the latest versions of these browsers installed.

13. Disclosure

ShowMe Online Media and any third party associates agree that, unless directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information. The Client agrees that it will not convey any confidential information about ShowMe Online Media to another party, unless agreed.

14. Development Platform

The Client agrees that the ShowMe Online Media standard development platform as presented on our website is an agreeable platform for development of the website and all acceptance testing will occur only on the standard development platform. The Client further agrees that any requests relating to hardware or software outside the standard development platform will be deemed additional work.

The ShowMeSite product does not have a stand-alone Content Management System (CMS) and makes use of the ShowMe CMS. Consequently, the ShowMeSite product cannot be separated from the ShowMe platform. All Custom and Bespoke Websites have their own WordPress CMS installed and are therefore not reliant on the ShowMe CMS.

15. Interpretation and Governing Law

ShowMe Online Media reserves the right to terminate a project with a Client if, in its sole discretion, it finds that the Client is in breach of these Terms and Conditions. No refunds are given should the contract be cancelled by either party.

This agreement and any proposals are subject to the laws and jurisdiction of the Republic of South Africa and are void if they contravene any law except, where one or more of the terms are held to be void or unenforceable for any reason, any other terms not so held will remain valid and enforceable.

ShowMe Online Media reserves the right to alter the Terms and Conditions without prior notice. The latest terms and conditions will be available on www.showmeonlinemedia.co.za

Listings and Advertising

1. Initial contract period and termination

The initial contract period for a listing or listing your website on any ShowMe Website is 6 or 12 months. This agreement may be cancelled by giving 30 calendar days notice after 3 months from the date of the first payment being made.

2. Debit order

Your contract and debit order will remain active at the end of the 12 month period unless ShowMe Online Media is given 30 days notice before the end of each 12 month period.

3. Annual and six month contracts

Should you take advantage of the discounts available for annual or 6 monthly payment of your subscription, this agreement will remain in force for the applicable period. No refunds will be made by ShowMe Online Media. You will be notified 30 days prior to the renewal date and payment must be made within 30 days of the renewal date, failing which, the listing will be suspended until payment is received. Cancellations must be received in writing 30 days prior to the renewal date.

4. Listing

Your listing will be listed on the ShowMe Website/Portal in the relevant category or categories according to the package chosen and will link to your ShowMeSite or Website as the case may be.

The ShowMeSite and all Custom Websites will be listed in tier 1, Feature Listings in tier 2, Basic Plus Listings in tier 3 and Basic Listings in tier 4. The “tier” denotes the ranking position in the lists.

In the case of the Listing Link where the Client’s website is not on the ShowMe System, the listing will be listed in tier 1 and will link to the Client’s website.

ShowMe Online Media makes no warranty as to the number or quality of the click-throughs originating from the listing.

5. Right to terminate publication

ShowMe Online Media reserves the right not to accept or to discontinue publication of any material for the following reasons:

a. Any material that is unlawful or inappropriate
b. Any material that contains a virus or hostile programme
c. Any material that constitutes harassment, racism, violence, obscenity, harmful intent or spamming
d. Any material that constitutes a criminal offence, or infringes privacy or copyright.
e. Non-payment of account.

Managed Hosting and Maintenance

1. Domain registration

The initial contract period for the domain registration is 12 months, and must remain in force for that period. It will be renewed automatically unless ShowMe Online Media is given 30 days notice before the end of each 12 month period. Annual domain registration is included in the hosting fee.

You may register a sub-domain at no cost which will be pointed to your ShowMe Listing. The sub-domain will be www.yourbusinessname.showme.co.za. Should you cancel your listing, your sub-domain will be cancelled simultaneously.

2. Hosting

It is mandatory for your ShowMe website to be hosted with ShowMe Online Media.

The contract period for hosting is one year and must be paid in advance, annually or monthly.

Your website and email account hosting is subject to the limits set according to the package purchased. Should you exceed the disk space storage allocated you will be advised and given the option to upgrade to a higher package. You will be given notice that you have exceeded the disk space allowed and will be charged at the rate of R5 per 10MB for over-usage.

The hosting service is subject to our hosting service provider’s Terms and Conditions which can be viewed at http://www.hetzner.co.za/legal/our-hosting-terms as well as the Acceptable Use Policy which can be viewed at http://www.hetzner.co.za/legal/acceptable-use-policy

3. Email accounts

Your email set-up instructions and passwords will be supplied by ShowMe Online Media. For assistance with setting up your email account/s please contact your local IT technician or visit: http://www.hetzner.co.za/helpcentre/index.php/email-setup

ShowMe Online Media cannot be held responsible for setting up your email account on your personal computer and takes no responsibility for incorrect set up. If your set up allows for emails to remain on our server after they have been downloaded, it is likely that you will exceed the disk space allowed for your package.

Service enquiries and email support is provided by Hetzner at National Contact Centre: 0861-0861-08.

4. Technical Support

The technical support fee for the ShowMeSite is included in the Listing Fee for listing the website on a ShowMe Community Website or on the National ShowMe Website.

The technical support fee for Custom and Bespoke websites is not included in the Listing Fee for listing on a ShowMe Community Website or the National ShowMe Website.

The technical support fee is included in the hosting fee for Custom and Bespoke Websites.

Technical support includes updating or upgrading software functionality to ensure that there is no deprecation of functionality on your website. ShowMe reserves the right to source alternative software to ensure ongoing functionality, should existing software become inoperable.

Whilst every effort will be made to ensure that there is no interruption in the functioning of your website, ShowMe Online Media cannot be held responsible for consequential losses should your website malfunction or cease to function.

Technical support specifically excludes any changes to the content of a website including changes to text or design.

Marketing Services

1. Search Engine Optimization (SEO)

Basic SEO principles and set up will be applied to all ShowMe websites. ShowMe Online Media has no control over search engine algorithms and therefore cannot warrant that your website will be ranked on any search engine.

Advanced SEO services may improve your website’s ranking on search engines but no warranties are made in this regard.

2. Advertising on Search Engines

ShowMe Online Media will place advertisements on search engines such as Google (Adwords) on behalf of the Client and will retain a portion of the amount spent as a consulting/management fee. The percentage retained depends on the package chosen.

ShowMe Online Media makes no warranties in regard to the number and quality of click-throughs to the Client’s website originating from the search engine.

3. Social Media

ShowMe Online Media may undertake campaigns on behalf of Clients for the promotion of their business on social media websites such as Facebook, Twitter, Google Plus, Instagram and others according to the package chosen.

ShowMe Online Media makes no warranty that any number of click-throughs, likes or conversions will result from such campaign.

No campaigns will be initiated before ShowMe Online Media has been paid in full.