Terms & Conditions

Standard Terms and Conditions

General:

By paying the 50% advance payment, you agree with our Terms & Conditions the Privacy Policy, Acceptable Use Policy (AUP) and all other policies found on our website. The website url is www.webnova.co.za

All quotations are valid for 30 (thirty) days and may be amended without penalty.

Tasks not included in the quotation will attract standard support charges as determined by Webnova.

Travelling will be charged at R 4.50 per km.

A minimum of one calendar month notice period will be applicable to all relevant service cancellations.

Definitions and Interpretation

In this Agreement, the words hereunder will have the meanings assigned to them below:

"Agreement" means these Standard Terms and Conditions and any Application Form, Schedules, Annexure and attachments hereto.

"Customer" means the party specified as Customer on the Application Form to which these Standard Terms and Conditions are attached.

“Proprietary Information” means any and all trade secrets and data / information of a proprietary and / or confidential nature, including data/information that the parties should reasonably have known to be proprietary or confidential.

Charges and Payment

All Service/s provided are to be billed as of the Effective Date in respect of each Service.

Deposit fees are not refundable under any circumstance.

Customer is responsible for and agrees to pay to Webnova all fees for the Service/s specified in the Invoice in South African currency, without deduction or set off of any amount of whatsoever nature or for whatsoever reason.

Invoicing will be processed and delivered in advance, and all invoices for Services shall be settled monthly before or on the 27th (twenty seventh) day of each month.

Any amount falling due for payment by Customer to Webnova in terms of or this Agreement which is not paid on its due date shall bear a 10% penalty on the total outstanding amount.

If the account is 30 (thirty) days overdue, Webnova will be entitled to suspend the domain and website and display a banner on the site stating why the domain is unavailable.

Warranties

Save as expressly set out in this Agreement, Webnova does not make any representations nor gives any warranties or guarantees of any nature whatsoever in respect of the Service/s and all warranties which are implied or residual at common law are hereby expressly excluded.

Exclusion of Liability

Except as otherwise expressly provided herein to the contrary, Webnova shall not be liable to Customer or any third party for any loss or damage of whatsoever nature and/or howsoever arising (including consequential or incidental loss or damage which shall include but shall not be limited to loss of property or of profit, business, goodwill, revenue, data or anticipated savings) or for any costs, claims or demands of any nature whether asserted against Webnova or against Customer by any party, arising directly or indirectly out of the Service/s, their use, access, withdrawal or suspension or out of any information or materials provided or not provided, as the case may be.

Subject to clause of Liability, the entire liability of Webnova and Customer's exclusive remedy for damages from any cause related to or arising out of this Agreement, regardless of the form of action, whether in contract or not , will not exceed the aggregate of the fees and charges paid by Customer under this Agreement for the period of 12 (twelve) months preceding Customer's written notice to Webnova in respect of such claim.

Customer hereby indemnifies Webnova against and holds Webnova harmless from any claim by any third party arising directly or indirectly out of access to or use of the Service/s or information obtained through the use thereof or in respect of any matter for which liability of Webnova is excluded in terms of clause above.

Because of the need to conduct maintenance, repair and/or improvement work from time to time on the technical infrastructure by means of which the Services are provided, the provision of the Services may be suspended from time to time, and all liability on the part of Webnova of any loss or damage (whether direct or consequential) thereby incurred or for any costs, claims, or demands of any nature arising there from, is excluded, and the provisions of clause above shall apply mutatis mutandis to such exclusion.

Documentation

Any specifications, descriptive matter, drawings and other documents furnished by Fox Find to Customer from time to time: shall remain the property of Webnova and shall be deemed to have been parted by it in trust to Customer for the sole use of Customer.

Breach

Customer shall be liable for all costs incurred by Webnova in the recovery of any amounts or the enforcement of any rights which it has hereunder, including collection charges and costs on an attorney and own client scale whether incurred prior to or during the institution of legal proceedings or if judgment has been granted, in connection with the satisfaction or enforcement of such judgment.

Webnova shall be entitled to suspend the provision of the Services where Customer breaches any provision of this Agreement or where any payment to Webnova is overdue by more than 30 (thirty) days.

Intellectual Property

Notwithstanding anything set out in Clause 11 below, all intellectual property (including, without limitation, copyright, trademarks, designs and patents) relating to or used in connection with the Service/s provided under this Agreement shall belong to Webnova. Customer undertakes that it shall at no time, have any right, title or interest in the intellectual property and agrees that it shall not (or permit any third party to) reverse engineer, decompile, modify or tamper with the equipment or software owned by Webnova, or any of its third party suppliers.