Welcome to Feaw Things Pty Ltd trading as Feaw Things (herein referred to as "The Company"). The whole of these Terms & Conditions of Use is an Agreement between The Company and You (hereinafter "You" and/or "Your" and/or The Client"), as the user of this website (hereinafter "Site") and The Company's services, and governs Your access to and use of this Site. The Site is an online network marketplace.
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 or uses this site or services rendered by The Company 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 be sure to read this Agreement in its entirety before using this Site. If You do not agree to these terms, do not use this Site or The Company's services.
By using this Site, You acknowledge that You are at least 18 years of age and that You have read, understand and agree without limitation or qualification to be legally bound by these Terms & Conditions of Use.
Subject to the terms and conditions hereof the Developer agrees to develop and supply to the Client and the Client agrees to accept from the Developer the Functional Specifications or the requested business system, application, website or service.
The Client hereby acknowledges and agrees that it may be necessary or desirable for the Developer to incorporate certain proprietary information or systems into the Functional Specifications and, therefore, the Client hereby expressly agrees that for the purpose of the paragraph the Functional Specifications shall be deemed not to include such proprietary information of the Developer which the Developer clearly marks or identifies as being proprietary information.
Subject to paragraph the above mentioned paragraph, the Developer hereby agrees that the meaning of Functional Specifications shall be extended to encompass any and all work, files and other materials produced during the development contemplated by this agreement.
The parties may wish, from time to time, in connection with work contemplated, to disclose confidential information to each other ("Confidential information"). Each party will safeguard such information in the same manner it would safeguard its own trade secrets to prevent the disclosure of any of the other party's Confidential Information to third parties for a period of six (6) years after the termination of this the project agreement, provided that the recipient party's obligation shall not apply to information that:
In the event that information is required to be disclosed, the party required to make disclosure shall notify the other to allow for whatever exclusions or exemptions may be available to it under such law or regulation
Charges for services to be provided by The Company are defined in the project quotation that the Client receives via e-mail or in written form. Quotations are valid for a period of 7 days. The Company reserves the right to alter or decline a quotation after expiry of the 7 days.
Unless agreed otherwise with the Client, all business systems, websites or applications design or development services require an advance payment of a minimum of Fifty (50%) percent of the project quotation total before the work on any project will be started. The remaining Fifty (50%) percent of the project quotation total due upon completion of the work, prior to upload to the server or release of materials.
Payment may be made via Visa, MasterCard, Diners or American Express credit cards or by bank transfer into The Company's bank account, the details of which will be provided on request or on Invoice(s)
Invoice(s) will be provided by The Company 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 one and one-half percent (1.5%) or R149 per month of the total amount due.
Credit card transactions will be acquired for The Company via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
Customer details will be stored by The Company separately from card details which are entered by the client on The Company’s secure site. For more details on PayGate refer to www.paygate.co.za
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
Subject to availability and receipt of payment, requests will be processed within 7 days and delivery confirmed by way of courier. Invoice for products purchased, will be emailed to the client, this invoice should be kept for reference.
Delivery : The Developer hereby agrees to deliver the complete Functional Specifications to the Client for approval on or before the delivery date specified in the Development Schedule.
The Company will provide the Client with an opportunity to review the appearance and content of the website after development phase and once the overall website/application is completed. At the completion of the project, such materials will be deemed to be accepted and approved unless the Client notifies The Company otherwise within fourteen (14) days of the date the materials are made available to the Client.
The Company will install and publicly post or supply the Client's business system, website or application by the date specified in the project proposal, or at date agreed with Client upon The Company receiving initial payment, unless a delay is specifically requested by the Client and agreed to by The Company.
In return, the Client agrees to delegate a single individual as a primary contact to aid The Company with progressing the commission in a satisfactory and expedient manner.
During the project, The Company will require the Client to provide content, text, images, movies and sound files or whatever else is needed
The Company is a business, to remain efficient we must ensure that services we render is carried out at the arranged time. On occasions The Company may have to reject offers for projects and enquiries to ensure that your work is completed at the arranged 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 project(s) because we have not been given the required information in the agreed time frame, and we are delayed as result, we reserve the right to impose a surcharge of up to 25% and add the time spend waiting, to the release date of the project. 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 one week 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, Pdf, email (or similar) document with the pages in the supplied document representing the content of the relevant pages/windows on your website/application. These pages should have the same titles as the agreed website/application pages/windows. Contact us if you need clarification on this.
The Client agrees to reimburse The Company for any additional expenses necessary for the completion of the work. Examples would be purchase of special fonts, stock photography etc.
The Company makes every effort to ensure websites/application are designed to be viewed/used by the majority of users. Websites are designed to work with the most popular current browsers (e.g. Firefox, Internet Explorer 9 & 10, Google Chrome, etc.) and applications with the most popular operating systems(e.g. Windows, Android, Ios, etc). The Client agrees that The Company cannot guarantee correct functionality with all browser software across different operating systems.
The Company cannot accept responsibility for web pages which do not display acceptably in new versions of browsers or Applications that do not work correctly on operating systems released after the website/application have been designed/developed and handed over to the Client. As such, The Company reserves the right to quote for any work involved in changing the website/application design or website/application code for it to work with updated browser software or operating systems.
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 The Company's Web space or Servers, The Company will, at its discretion, remove all such material from its web/server space. The Company is not responsible for any loss of data incurred due to the removal of such services or information. Removal of such material does not relieve the Client of the obligation to pay any outstanding charges assessed to the Client's account. Payments returned for any reason whatsoever will be assessed a return charge of R149 and the Client's account will immediately be considered to be in default until full payment is received. Clients with accounts in default agree to pay The Company reasonable expenses, including legal fees and costs for collection by third-party agencies, incurred by The Company in enforcing these Terms and Conditions.
Termination of services by the Client must be requested in a written notice or on our Site and will be effective 30 days after receipt of such notice. E-mail or telephone requests for termination of services will not be honoured until and unless confirmed in writing or on our Site. The Client will be invoiced for design/development work completed to the date of first notice of cancellation for payment in full within thirty (30) days.
The Company will not refund deposits for work already performed on The Clients design projects or hosting fees/web administration agreements that have been paid in advance. We guarantee to honor our obligations of service as we expect our clients to honor theirs.
The provision of goods and services by The Company is subject to availability. In cases of unavailability, The Company will refund the client in full within 30 days. Cancellation of orders by the client will attract the higher of 10% administration fee or R149.00 of total due.
All The Comapny's services may be used for lawful purposes only. You agree to indemnify and hold The Company, any agent of The Company, any third party supplier of The Company harmless from any claims or losses resulting from Your use of The Comapny's service(s) that damages you or any other party.
Any service(s), website or application rented by The Client from The Company will remain the property of The Company in its entirety.
The content, arrangement, organization, and design of this Site are protected under the copyright, trademark, and related intellectual proprietary right laws. You do not acquire any ownership in or to any such content, arrangement, organization, or design by or through Your access to this Site or use of The Company's services unless supplied by you. Any reproduction, duplication, copy, sale, resale, or other exploitation of the content, arrangement, organization, and design o f this Site is strictly prohibited.
The Developer expressly acknowledges that the contracted services to be provided by it to the Client extend solely to the development and production of the Functional Specifications as provided, and the use of the Functional Specifications or any components thereof by the Client before or after delivery shall be that the sole discretion of the Client, including, without limiting the generality of the foregoing, the engagement by the Client of other suppliers for the supply of the computer system website or application to be developed from the Functional Specifications. Furthermore, the engagement by the Client of the Developer under this agreement shall not in any way be take to imply that the Client is bound to use the services of the Developer of other purposes including those related to the computer system, website or application.
The Client retains the copyright to data, files and graphic logos provided by the Client, and grants The Company 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 The Company permission and rights for use of the same and agrees to indemnify and hold harmless The Company 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 The Company that all such permissions and authorities have been obtained. Evidence of permissions and authorities may be requested.
Unless otherwise specified in the project quotation, this Agreement assumes that any text will be provided by the Client in electronic format (ASCII text files delivered on flash drive 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 The Company to return to the Client any images or printed material provided for use in creation of the Client's website/application, such return cannot be guaranteed.
A link to The Company 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. If a client requests that the design credit be removed, a nominal fee of 10% of the total development charges will be applied. When total development charges are less than R5000, a fixed fee of R500 will be applied. The Client also agrees that the website developed for the Client may be presented in The Company's portfolio.
If the Client's website/application is to be installed on a third-party server, The Company 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.
The Company cannot accept responsibility for any alterations caused by a third party occurring to the Client's website/application once installed. Such alterations include, but are not limited to additions, modifications or deletions.
The Company 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 The Company. The Client should keep a record of the due dates for payment to ensure that payment is received in good time.
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. Payment online is an acceptance of our terms and conditions. Use of The Company's Site or Services is an accptance of our terms and conditions.
This Agreement shall be governed by South African Law.
The Company hereby excludes itself, its Employees and or Agents from all and any liability from:
The entire liability of The Company 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.
IN NO EVENT SHALL THE COMPANY BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THIS SITE, OR YOUR USE OF THE COMPANY'S SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE COMPANY FOR ANY CLAIM ARISING OUT OF YOUR ACCESS TO OR USE OF THIS SITE, OR YOUR USE OF THE COMPANY'S SERVICES-WHETHER IN CONTRACT, WARRANTY, TORT, STRICT LIABILITY, OR OTHERWISE-IS LIMITED TO THE AMOUNT PAID BY YOU-IF ANY-FOR YOUR ACCESS TO OR USE OF THIS SITE, OR YOUR USE OF THE COMPANY'S SERVICES.
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,
This website is run by Feaw Things Pty Ltd based in South Africa trading as IQ Tech Solutions and with registration number and 1 Director with 2 Shareholders.
For any Abuse of any Nature, please report to : email@example.com
Email : firstname.lastname@example.org
Tel : +27 72 330 1770